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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5000 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``CARA 2.0 Act of 
2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
              TITLE I--RESEARCH, EDUCATION, AND PREVENTION

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 high-quality recovery housing.
Sec. 312. Developing guidelines for States to promote the availability 
                            of high-quality recovery housing.
Sec. 313. Coordination of Federal activities to promote the 
                            availability of high-quality 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.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) In the 1980s and 1990s, pharmaceutical companies began 
        developing new drugs for pain treatment, including extended 
        release oxycodone. These companies aggressively marketed these 
        drugs to the medical community as a way to address ``under-
        treatment'' of physical pain. Drug companies distributed 
        76,000,000,000 oxycodone and hydrocodone pain pills nationwide 
        from 2006 to 2012.
            (2) The combination of a rising number of prescriptions, 
        misinformation about the addictive properties of prescription 
        opioids, and the perception that prescription drugs are less 
        harmful than illicit drugs has caused an increase in drug 
        misuse.
            (3) As legitimate production and illegal diversion of 
        opioids skyrocketed, so did the number of opioid overdose 
        deaths. From 1999 to 2017, almost 218,000 people died in the 
        United States from overdoses related to prescription opioids. 
        More recently, fentanyl, a powerful synthetic opioid, surpassed 
        prescription opioids as the most lethal overdose substance and 
        now is linked to nearly 3 times as many deaths.
            (4) The scale of the opioid crisis is staggering:
                    (A) In 2018, approximately 10,300,000 people in the 
                United States age 12 and older misused opioids.
                    (B) On average, 130 people in the United States die 
                every day from an opioid overdose.
                    (C) The opioid crisis has cost the United States 
                economy at least $631,000,000,000.
                    (D) From 2013 to 2017, the number of children in 
                foster care nationwide increased 10 percent to nearly 
                442,995. Parental drug use was cited as a factor in 36 
                percent of cases.
            (5) The opioid crisis has also led to a cascade of other 
        negative health impacts. For example, syringe sharing among 
        people who inject drugs has led to increases in hepatitis C 
        virus infections and infective endocarditis, as well as 
        localized HIV outbreaks.
            (6) The United States health care system has struggled to 
        catch up to the crisis:
                    (A) The majority of people in the United States 
                with an opioid use disorder do not receive substance 
                use treatment, and many who do receive such treatment 
                do not receive evidence-based treatment. Although 
                medication-assisted treatment has been endorsed by the 
                National Institutes of Health and the World Health 
                Organization, only one-third of treatment programs 
                offer any of the 3 drugs approved by the Food and Drug 
                Administration for the treatment of opioid use 
                disorder, and just 6 percent of medication-offering 
                facilities provide all 3.
                    (B) Facilities that provide medications for the 
                treatment of opioid disorder are concentrated in the 
                Northeast and Southwest, leaving many of the areas hit 
                hardest by the opioid crisis without access to 
                evidence-based treatment. The need is particularly 
                acute in rural areas, which often do not have enough 
                providers to meet the demand.
                    (C) Unlike other health care needs, substance use 
                treatment is largely funded by State and local revenues 
                and Federal block grants, rather than the Medicare 
                program, the Medicaid program, and private insurance.
                    (D) While new substances, particularly synthetic 
                drugs, continue to make inroads into communities in the 
                United States, funding streams are often dedicated to 
                particular substances, limiting providers' ability to 
                adapt to changing needs.
                    (E) The stigma associated with substance use 
                disorder prevents people from seeking treatment. Too 
                often, people enter substance use treatment only after 
                committing a criminal offense, whether through a court 
                mandate, as a condition of parole or probation 
                supervision, or as a condition of regaining employment 
                after conviction. In 2003, 36 percent of all substance 
                use treatment admissions, 40 percent of all alcohol 
                abuse treatment admissions, and 57 percent of all 
                marijuana use treatment admissions were referrals from 
                the criminal justice system.
                    (F) The stigma of substance use disorder also 
                limits people's ability to find jobs and housing. These 
                obstacles are exacerbated by the criminalization of 
                substance use disorder--even convictions for drug 
                possession for personal use can create lifelong 
                collateral consequences. The absence of stable housing 
                and employment make it even more difficult for people 
                to live drug free.
            (7) Not all people in the United States have equal access 
        to substance use treatment in the community. Current research 
        has found that Black and Latinx Americans are less likely to 
        receive substance use treatment when controlling for other 
        relevant factors, like socioeconomic status.
            (8) Inadequate access to substance use treatment can 
        exacerbate other health disparities. Individuals with substance 
        use disorders have higher rates of suicide attempts than 
        individuals in the general population, high health care 
        expenses, and significant disability.
            (9) A comprehensive public health approach that tackles 
        both the causes and the consequences of substance use disorder 
        is necessary to stem the tide.

              TITLE I--RESEARCH, EDUCATION, AND PREVENTION

SEC. 101. NATIONAL EDUCATION CAMPAIGN.

    Section 102 of the Comprehensive Addiction and Recovery Act of 2016 
(42 U.S.C. 290bb-25g) is amended--
            (1) in subsection (a), by inserting ``or other controlled 
        substances (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802))'' after ``opioids'' each place 
        such term appears;
            (2) in subsection (b), by striking ``opioid'' each place it 
        appears and inserting ``substance'';
            (3) in subsection (c)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(4) use destigmatizing language promoting humane and 
        culturally competent (as defined in section 102 of the 
        Developmental Disabilities Assistance and Bill of Rights Act of 
        2000 (42 U.S.C. 15002)) treatment of all individuals who face 
        substance use disorder, including such individuals who use 
        medication-assisted treatment for recovery purposes;
            ``(5) educate stakeholders on the evidence base and 
        validation of harm reduction and where to obtain harm reduction 
        services;
            ``(6) include information about polysubstance use; and
            ``(7) include information about prevention and treatment 
        using medication-assisted treatment and recovery.''; and
            (4) by adding at the end the following:
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2021 through 2026.''.

SEC. 102. RESEARCH INTO NON-OPIOID PAIN MANAGEMENT.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Director of the National Institutes of Health and the 
Director of the Centers for Disease Control and Prevention, shall carry 
out research with respect to non-opioid methods of pain management, 
including non-pharmaceutical remedies for pain and integrative medicine 
solutions.
    (b) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2021 through 2026.

SEC. 103. LONG-TERM TREATMENT OUTCOMES RESEARCH.

    (a) In General.--The Secretary of Health and Human Services shall 
award grants to eligible entities to carry out evidence-based, long-
term outcomes research, over 5-year periods, for different modalities 
of treatment for substance use disorder. Such research shall measure 
mortality, morbidity, physical and emotional health, employment, stable 
housing, criminal justice involvement, family relationships, and other 
quality-of-life measures. Such research shall distinguish outcomes 
based on race, gender, and socioeconomic status, as well as any other 
relevant characteristics.
    (b) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary.

SEC. 104. NATIONAL COMMISSION FOR EXCELLENCE ON POST-OVERDOSE RESPONSE.

    (a) In General.--The Assistant Secretary of Health and Human 
Services for Mental Health and Substance Use (referred to in this 
section as the ``Assistant Secretary''), in consultation with the 
Director of the Office of National Drug Control Policy, and the 
President of the National Academy of Medicine, shall establish an 
advisory commission, to be known as the ``National Commission for 
Excellence on Post-Overdose Response'', that--
            (1) provides evidence, practical tools, and other resources 
        for researchers and evaluators, clinicians and clinical teams, 
        quality improvement experts, and healthcare decision makers to 
        improve the quality and safety of care for drug overdoses and 
        substance use disorder;
            (2) advises the individuals described in paragraph (1) on--
                    (A) how to achieve equitable outcomes across race 
                and socioeconomic status; and
                    (B) how to effectively and appropriately control 
                avoidable hospital admissions, emergency department 
                admissions, and other adverse events related to 
                substance use disorder care; and
            (3) develops culturally competent (as defined in section 
        102 of the Developmental Disabilities Assistance and Bill of 
        Rights Act of 2000 (42 U.S.C. 15002)) best practices and 
        clinical practice guidelines.
    (b) Membership.--The members of the commission established under 
subsection (a) shall include--
            (1) a representative of the Substance Abuse and Mental 
        Health Services Administration;
            (2) a representative of the Office of National Drug Control 
        Policy;
            (3) a representative of the National Academy of Medicine;
            (4) a representative of the National Institute on Drug 
        Abuse;
            (5) a substance use disorder specialist appointed by the 
        Assistant Secretary;
            (6) a peer recovery specialist appointed by the Assistant 
        Secretary; and
            (7) any other individual that the Assistant Secretary 
        determines appropriate.
    (c) Sunset.--The commission established under subsection (a) shall 
terminate on the date that is 10 years after the date of enactment of 
this Act.

SEC. 105. WORKFORCE FOR PREVENTION.

    Subpart 2 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb-21 et seq.) is amended by adding at the end the following:

``SEC. 519E. EMPLOYMENT AND TRAINING SERVICES.

    ``(a) In General.--The Director of the Prevention Center shall--
            ``(1) not later than 30 days after the date of enactment of 
        this Act, announce an opportunity to apply for grants or 
        contracts awarded to support the activities described in 
        subsection (b); and
            ``(2) from the funds appropriated under subsection (c), not 
        later than 45 days after the date on which an entity submits an 
        application that meets the requirements of the Secretary under 
        this section, award funds under this section to such entity.
    ``(b) Use of Funds.--An entity that receives funds under this 
section shall use the funds to support employment and training services 
for substance use treatment professionals, including peer recovery 
specialists.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2021 through 2026.''.

SEC. 106. REAUTHORIZATION OF COMMUNITY-BASED COALITION ENHANCEMENT 
              GRANTS TO ADDRESS LOCAL DRUG CRISES.

    Section 103(i) of the Comprehensive Addiction and Recovery Act of 
2016 (21 U.S.C. 1536(i)) is amended by striking ``there are authorized 
to be appropriated $5,000,000 for each of fiscal years 2017 through 
2021.'' and inserting the following: ``there are authorized to be 
appropriated--
            ``(1) $5,000,000 for each of fiscal years 2017 through 
        2020; and
            ``(2) $10,000,000 for each of fiscal years 2021 through 
        2026.''.

                          TITLE II--TREATMENT

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

    Section 303 of the Controlled Substances Act (21 U.S.C. 823) is 
amended by adding at the end the following:
    ``(l) Three-Day Limit on Opioid Prescriptions.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `acute pain'--
                            ``(i) means pain with abrupt onset and 
                        caused by an injury or other process that is 
                        not ongoing; and
                            ``(ii) does not include--
                                    ``(I) chronic pain;
                                    ``(II) pain being treated as part 
                                of cancer care;
                                    ``(III) hospice or other end-of-
                                life care; or
                                    ``(IV) pain being treated as part 
                                of palliative care; and
                    ``(B) the term `substance use treatment opioid 
                prescription' means a prescription--
                            ``(i) for an opioid drug in schedule II, 
                        III, or IV approved by the Food and Drug 
                        Administration for an indication for the 
                        treatment of substance use disorder; and
                            ``(ii) that is for the treatment of 
                        substance use disorder.
            ``(2) Three-day limit.--The Attorney General may not 
        register, or renew the registration of, a practitioner under 
        subsection (f) who is licensed under State law to prescribe 
        controlled substances in schedule II, III, or IV, unless the 
        practitioner submits to the Attorney General, for each such 
        registration or renewal request, a certification that the 
        practitioner, during the applicable registration period, will 
        not prescribe any opioid in schedule II, III, or IV, other than 
        a substance use disorder treatment opioid prescription, for the 
        initial treatment of acute pain in an amount in excess of a 3-
        day supply.''.

SEC. 202. EVIDENCE-BASED SUBSTANCE USE DISORDER TREATMENT AND 
              INTERVENTION DEMONSTRATIONS.

    Section 514B of the Public Health Service Act (42 U.S.C. 290bb-10) 
is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Use of funds for training.--Funds awarded under 
        paragraph (1) may be used by a recipient for training emergency 
        room technicians, physicians, nurses, or other health care 
        professionals on identifying the presence of substance use 
        disorders, and how effectively to engage with, intervene with 
        respect to, and refer patients for assessment and specialized 
        substance use disorder care, including medication-assisted 
        treatment and care for co-occurring disorders.'';
            (2) in subsection (d), by inserting ``, and Indian tribes 
        and tribal organizations (as defined in section 4 of the Indian 
        Self-Determination and Education Assistance Act)'' before the 
        period of the first sentence; and
            (3) in subsection (f), by inserting before the period the 
        following: ``, and $300,000,000 for each of fiscal years 2021 
        through 2026''.

SEC. 203. NATIONAL YOUTH AND YOUNG ADULT RECOVERY INITIATIVE.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a high school that has been accredited as a 
                substance use recovery high school or that is seeking 
                to establish or expand substance use recovery support 
                services;
                    (B) an institution of higher education;
                    (C) a recovery program at an institution of higher 
                education;
                    (D) a nonprofit organization; or
                    (E) a technical assistance center that can help 
                grantees install recovery support service programs 
                aimed at youth and young adults which include recovery 
                coaching, job training, transportation, linkages to 
                community-based services and supports, regularly 
                scheduled alternative peer group activities, life-
                skills education, mentoring, and leadership 
                development.
            (2) High school.--The term ``high school'' has the meaning 
        given the term in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (4) Recovery program.--The term ``recovery program'' means 
        a program--
                    (A) to help youth or young adults who are 
                recovering from substance use disorders to initiate, 
                stabilize, and maintain healthy and productive lives in 
                the community; and
                    (B) that includes peer-to-peer support delivered by 
                individuals with lived experience in recovery, and 
                communal activities to build recovery skills and 
                supportive social networks.
    (b) Grants Authorized.--The Assistant Secretary for Mental Health 
and Substance Use, in consultation with the Secretary of Education, 
shall award grants, on a competitive basis, to eligible entities to 
enable the eligible entities to--
            (1) provide culturally competent (as defined in section 102 
        of the Developmental Disabilities Assistance and Bill of Rights 
        Act of 2000 (42 U.S.C. 15002)) substance use recovery support 
        services to youth and young adults enrolled in high school or 
        an institution of higher education;
            (2) help build communities of support for youth and young 
        adults in substance use recovery through a spectrum of 
        activities such as counseling, job training, recovery coaching, 
        alternative peer groups, life-skills workshops, family support 
        groups, and health and wellness-oriented social activities; and
            (3) encourage initiatives designed to help youth and young 
        adults achieve and sustain recovery from substance use 
        disorders.
    (c) Application.--An eligible entity desiring a grant under this 
section shall submit to the Assistant Secretary for Mental Health and 
Substance Use an application at such time, in such manner, and 
containing such information as the Assistant Secretary may require.
    (d) Preference.--In awarding grants under subsection (b), the 
Assistant Secretary for Mental Health and Substance Use shall give 
preference to eligible entities that propose to serve students from 
areas with schools serving a high percentage of children who are 
counted under section 1124(c) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6333(c)).
    (e) Use of Funds.--Grants awarded under subsection (b) may be used 
for activities to develop, support, or maintain substance use recovery 
support services for youth or young adults, including--
            (1) the development and maintenance of a dedicated physical 
        space for recovery programs;
            (2) hiring dedicated staff for the provision of recovery 
        programs;
            (3) providing health and wellness-oriented social 
        activities and community engagement;
            (4) the establishment of a substance use recovery high 
        school;
            (5) the coordination of a peer delivered substance use 
        recovery program with--
                    (A) substance use disorder treatment programs and 
                systems that utilize culturally competent (as defined 
                in section 102 of the Developmental Disabilities 
                Assistance and Bill of Rights Act of 2000 (42 U.S.C. 
                15002)) services that reflect the communities they 
                serve;
                    (B) providers of mental health services;
                    (C) primary care providers;
                    (D) the criminal justice system, including the 
                juvenile justice system;
                    (E) employers;
                    (F) recovery housing services;
                    (G) child welfare services;
                    (H) high schools; and
                    (I) institutions of higher education;
            (6) the development of peer-to-peer support programs or 
        services delivered by individuals with lived experience in 
        substance use disorder recovery; and
            (7) any additional activity that helps youth or young 
        adults achieve recovery from substance use disorders.
    (f) Resource Center.--The Assistant Secretary for Mental Health and 
Substance Use shall establish a resource center to provide technical 
support to recipients of grants under this section.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2021 through 2026.

SEC. 204. IMPROVING TREATMENT FOR PREGNANT, POSTPARTUM, AND PARENTING 
              WOMEN.

    Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is 
amended--
            (1) in subsection (m)--
                    (A) by striking ``shall give priority'' and 
                inserting ``shall give--
            ``(1) priority'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) preference to an applicant that agrees to--
                    ``(A) allow participation in the program supported 
                by the award by individuals taking a drug or 
                combination of drugs approved by the Food and Drug 
                Administration for medication-assisted treatment, 
                including such individuals taking an opioid agonist;
                    ``(B) provide culturally competent services (as 
                defined in section 102 of the Developmental 
                Disabilities Assistance and Bill of Rights Act of 
                2000);
                    ``(C) ensure flexible lengths of stay in the 
                treatment program; and
                    ``(D) use peer recovery advocates in the program 
                supported by the award.'';
            (2) in subsection (p), by inserting ``, and demographic 
        data on the individuals served by programs funded under this 
        section and case outcomes, as reported to the Director by award 
        recipients'' before the period at the end of the third 
        sentence; and
            (3) in subsection (s), by striking ``$29,931,000 for each 
        of fiscal years 2019 through 2023'' and inserting ``100,000,000 
        for each of fiscal years 2021 through 2026''.

SEC. 205. REQUIRE THE USE OF PRESCRIPTION DRUG MONITORING PROGRAMS.

    (a) Definitions.--In this section:
            (1) Controlled substance.--The term ``controlled 
        substance'' has the meaning given the term in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802).
            (2) Covered state.--The term ``covered State'' means a 
        State that receives funding under the Harold Rogers 
        Prescription Drug Monitoring Program established under the 
        Departments of Commerce, Justice, and State, the Judiciary, and 
        Related Agencies Appropriations Act, 2002 (Public Law 107-77; 
        115 Stat. 748), under this Act (or an amendment made by this 
        Act), or under the controlled substance monitoring program 
        under section 399O of the Public Health Service Act (42 U.S.C. 
        280g-3).
            (3) Dispenser.--The term ``dispenser''--
                    (A) means a person licensed or otherwise authorized 
                by a State to deliver a prescription drug product to a 
                patient or an agent of the patient; and
                    (B) does not include a person involved in oversight 
                or payment for prescription drugs.
            (4) PDMP.--The term ``PDMP'' means a prescription drug 
        monitoring program.
            (5) Practitioner.--The term ``practitioner'' means a 
        practitioner registered under section 303(f) of the Controlled 
        Substances Act (21 U.S.C. 823(f)) to prescribe, administer, or 
        dispense controlled substances.
            (6) State.--The term ``State'' means each of the several 
        States and the District of Columbia.
    (b) In General.--Beginning 1 year after the date of enactment of 
this Act, each covered State shall require--
            (1) each prescribing practitioner within the covered State 
        or their designee, who shall be licensed or registered 
        healthcare professionals or other employees who report directly 
        to the practitioner, to consult the PDMP of the covered State 
        before initiating treatment with a prescription for a 
        controlled substance listed in schedule II, III, or IV of 
        section 202(c) of the Controlled Substances Act (21 U.S.C. 
        812(c)), and every 3 months thereafter as long as the treatment 
        continues;
            (2) the PDMP of the covered State to provide proactive 
        notification to a practitioner when patterns indicative of 
        controlled substance misuse, including opioid misuse, are 
        detected;
            (3) each dispenser within the covered State to report each 
        prescription for a controlled substance dispensed by the 
        dispenser to the PDMP not later than 24 hours after the 
        controlled substance is dispensed to the patient;
            (4) that the PDMP make available a quarterly de-identified 
        data set and an annual report for public and private use, 
        including use by healthcare providers, health plans and health 
        benefits administrators, State agencies, and researchers, which 
        shall, at a minimum, meet requirements established by the 
        Attorney General, in coordination with the Secretary of Health 
        and Human Services;
            (5) each State agency that administers the PDMP to--
                    (A) proactively analyze data available through the 
                PDMP; and
                    (B) provide reports to prescriber licensing boards 
                describing any prescribing practitioner that repeatedly 
                fall outside of expected norms or standard practices 
                for the prescribing practitioner's field; and
            (6) that the data contained in the PDMP of the covered 
        State be made available to other States.
    (c) Noncompliance.--If a covered State fails to comply with 
subsection (a), the Attorney General or the Secretary of Health and 
Human Services may withhold grant funds from being awarded to the 
covered State under the Harold Rogers Prescription Drug Monitoring 
Program established under the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 2002 
(Public Law 107-77; 115 Stat. 748), under this Act (or an amendment 
made by this Act), or under the controlled substance monitoring program 
under section 399O of the Public Health Service Act (42 U.S.C. 280g-3).

SEC. 206. PRESCRIBER EDUCATION.

    (a) In General.--Section 303 of the Controlled Substances Act (21 
U.S.C. 823), as amended by section 201, is amended--
            (1) in subsection (f), in the matter preceding paragraph 
        (1), by striking ``The Attorney General shall register'' and 
        inserting ``Subject to subsection (m), the Attorney General 
        shall register''; and
            (2) by adding at the end the following:
    ``(m) Prescriber Education.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `covered agent or employee' means an 
                agent or employee of a covered facility who--
                            ``(i) prescribes controlled substances for 
                        humans under the registration of the facility 
                        under this part; and
                            ``(ii) is a medical resident;
                    ``(B) the term `covered facility' means a 
                practitioner--
                            ``(i) that is a hospital or other 
                        institution;
                            ``(ii) that is licensed under State law to 
                        prescribe controlled substances; and
                            ``(iii) under whose registration under this 
                        part agents or employees of the practitioner 
                        prescribe controlled substances;
                    ``(C) the term `covered individual practitioner' 
                means a practitioner who--
                            ``(i) is an individual;
                            ``(ii) is not a veterinarian; and
                            ``(iii) is licensed under State law to 
                        prescribe controlled substances; and
                    ``(D) the term `specified continuing education 
                topics' means--
                            ``(i) alternatives to opioids for pain 
                        management;
                            ``(ii) palliative care;
                            ``(iii) substance use disorder;
                            ``(iv) adverse events;
                            ``(v) potential for dependence;
                            ``(vi) tolerance;
                            ``(vii) prescribing contraindicated 
                        substances;
                            ``(viii) medication-assisted treatment;
                            ``(ix) culturally competent (as defined in 
                        section 102 of the Developmental Disabilities 
                        Assistance and Bill of Rights Act of 2000 (42 
                        U.S.C. 15002)) services;
                            ``(x) bias and stigma in prescribing 
                        trends; and
                            ``(xi) any other topic that the Attorney 
                        General determines appropriate.
            ``(2) Certification of continuing education.--
                    ``(A) Individual practitioners.--As a condition of 
                granting or renewing the registration of a covered 
                individual practitioner under this part to dispense 
                controlled substances in schedule II, III, IV, or V, 
                the Attorney General shall require the practitioner to 
                certify that, during the 3-year period preceding the 
                date of the grant or renewal of registration, the 
                practitioner completed course work or training from an 
                organization accredited by the Accreditation Council 
                for Continuing Medical Education (commonly known as the 
                `ACCME'), or by a State medical society accreditor 
                recognized by the ACCME, that included not fewer than 3 
                hours of content on the specified continuing education 
                topics.
                    ``(B) Facilities.--As a condition of granting or 
                renewing the registration of a covered facility under 
                this part to dispense controlled substances in schedule 
                II, III, IV, or V, the Attorney General shall require 
                the covered facility to certify that the facility does 
                not allow a covered agent or employee to prescribe 
                controlled substances for humans under the registration 
                of the facility unless, during the preceding 3-year 
                period, the covered agent or employee completed course 
                work or training from an organization accredited by the 
                Accreditation Council for Continuing Medical Education 
                (commonly known as the `ACCME'), or a State medical 
                society accreditor recognized by the ACCME, that 
                included not fewer than 3 hours of content on the 
                specified continuing education topics.''.
    (b) Effective Date.--Subsection (m) of section 303 of the 
Controlled Substances Act (21 U.S.C. 823), as added by subsection (a), 
shall apply to any grant or renewal of registration described in such 
subsection (m) that occurs on or after the date that is 2 years after 
the date of enactment of this Act.

SEC. 207. PROHIBITION OF UTILIZATION CONTROL POLICIES OR PROCEDURES FOR 
              MEDICATION-ASSISTED TREATMENT UNDER MEDICAID.

    Section 1905 of the Social Security Act (42 U.S.C. 1396d) is 
amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                moving the margin of clause (xvi) 4 ems to the left; 
                and
                    (B) in paragraph (29), by inserting ``and to the 
                extent allowed in paragraph (3) of such subsection'' 
                after ``paragraph (1) of such subsection''; and
            (2) in subsection (ee), by adding at the end the following 
        new paragraph:
            ``(3) Prohibition of utilization control policies or 
        procedures for medication-assisted treatment.--As a condition 
        for a State receiving payments under section 1903(a) for 
        medical assistance for medication-assisted treatment, a State 
        may not impose any utilization control policies or procedures 
        (as defined by the Secretary), including prior authorization 
        requirements, with respect to such treatment.''.

SEC. 208. PILOT PROGRAM ON EXPANDING ACCESS TO TREATMENT.

    The Secretary of Health and Human Services (referred to in this 
section as the ``Secretary'') shall establish a 5-year pilot program in 
not less than 5 diverse regions to study the use of mobile methadone 
clinics in rural and underserved environments. At the end of the pilot 
program, the Secretary shall report to Congress on the program 
outcomes, including the number of people served and the demographics of 
people served, including race and income.

SEC. 209. REAUTHORIZATION OF PRAC ED GRANT PROGRAM.

    To carry out the Practitioner Education grant program established 
by the Substance Abuse and Mental Health Services Administration, there 
is authorized to be appropriated such sums as may be necessary for each 
of fiscal years 2021 through 2026.

                          TITLE III--RECOVERY

                     Subtitle A--General Provisions

SEC. 301. BUILDING COMMUNITIES OF RECOVERY.

    (a) In General.--Section 547 of the Public Health Service Act (42 
U.S.C. 290ee-2) is amended--
            (1) by striking subsection (c);
            (2) by redesignating subsection (d) as subsection (c);
            (3) in subsection (c) (as so redesignated)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2)(C)(iv), by striking the period 
                and inserting ``; and''; and
                    (C) by adding at the and the following:
            ``(3) may be used as provided for in subsection (d).'';
            (4) by inserting after subsection (c) (as so redesignated), 
        the following:
    ``(d) Establishment of Regional Technical Assistance Centers.--
            ``(1) In general.--Grants awarded under subsection (b) may 
        be used to provide for the establishment of regional technical 
        assistance centers to provide regional technical assistance for 
        the following:
                    ``(A) Implementation of regionally driven peer 
                delivered substance use disorder recovery support 
                services before, during, after, or in lieu of substance 
                use disorder treatment.
                    ``(B) Establishment of recovery community 
                organizations.
                    ``(C) Establishment of recovery community centers.
                    ``(D) Naloxone training and dissemination.
                    ``(E) Development of connections between recovery 
                support services, community organizations, and 
                community centers and the broader medical community.
                    ``(F) Establishment of online recovery support 
                services, with parity to physical health services.
                    ``(G) Development of recovery wellness plans to 
                address perceived barriers to recovery, including 
                social determinants of health.
                    ``(H) Establishment of culturally competent (as 
                defined in section 102 of the Developmental 
                Disabilities Assistance and Bill of Rights Act of 2000) 
                treatment programs to engage with racially and 
                ethnically diverse patients.
            ``(2) Eligible entities.--To be eligible to receive a grant 
        under paragraph (1), an entity shall be--
                    ``(A) a national nonprofit entity with a network of 
                local affiliates and partners that are geographically 
                and organizationally diverse; or
                    ``(B) a national nonprofit organization established 
                by individuals in personal and family recovery, serving 
                prevention, treatment, recovery, payor, faith-based, 
                and criminal justice stakeholders in the implementation 
                of local substance use disorder and recovery 
                initiatives.
            ``(3) Preference.--In awarding grants under subsection (b), 
        the Secretary shall give preference to organizations that--
                    ``(A) provide culturally competent (as defined in 
                section 102 of the Developmental Disabilities 
                Assistance and Bill of Rights Act of 2000) services;
                    ``(B) allow participation by individuals receiving 
                medication-assisted treatment that involves 
                prescription drugs approved by the Food and Drug 
                Administration (at least one of which is an opioid 
                agonist); and
                    ``(C) use peer recovery advocates.''; and
            (5) in subsection (f), by striking ``2023'' and inserting 
        ``2020, and $200,000,000 for each of fiscal years 2021 through 
        2026''.
    (b) Continuing Care and Community Support To Maintain Recovery.--
            (1) In general.--The Secretary shall award grants to peer 
        recovery support services, for the purposes of providing 
        continuing care and ongoing community support for individuals 
        to maintain recovery from substance use disorders.
            (2) Definition.--For purposes of this subsection, the term 
        ``peer recovery support services'' means an independent 
        nonprofit organization that provides peer recovery support 
        services, through credentialed peer support professionals.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated, for each of fiscal years 2021 through 2026, 
        $50,000,000 for purposes of awarding grants under paragraph 
        (1).

SEC. 302. MEDICATION-ASSISTED TREATMENT FOR RECOVERY FROM SUBSTANCE USE 
              DISORDER.

    (a) In General.--Section 303(g) of the Controlled Substances Act 
(21 U.S.C. 823(g)) is amended--
            (1) by striking paragraph (2);
            (2) by striking ``(g)(1) Except as provided in paragraph 
        (2), practitioners who dispense narcotic drugs to individuals 
        for maintenance treatment or detoxification treatment'' and 
        inserting ``(g) Practitioners who dispense narcotic drugs 
        (other than narcotic drugs in schedule III, IV, or V) to 
        individuals for maintenance treatment or detoxification 
        treatment'';
            (3) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively; and
            (4) in paragraph (2), as redesignated, by redesignating 
        clauses (i) and (ii) as subparagraphs (A) and (B), 
        respectively.
    (b) Technical and Conforming Edits.--
            (1) Section 304 of the Controlled Substances Act (21 U.S.C. 
        824) is amended--
                    (A) in subsection (a), by striking ``303(g)(1)'' 
                each place it appears and inserting ``303(g)''; and
                    (B) in subsection (d)(1), by striking ``303(g)(1)'' 
                and inserting ``303(g)''.
            (2) Section 309A(a) of the Controlled Substances Act (21 
        U.S.C. 829a(a)) is amended by striking paragraph (2) and 
        inserting the following:
            ``(2) the controlled substance--
                    ``(A) is a narcotic drug in schedule III, IV, or V 
                to be administered for the purpose of maintenance or 
                detoxification treatment; and
                    ``(B) is to be administered by injection or 
                implantation;''.
            (3) Section 520E-4(c) of the Public Health Service Act (42 
        U.S.C. 290bb-36d(c)) is amended, in the matter preceding 
        paragraph (1), by striking ``information on any qualified 
        practitioner that is certified to prescribe medication for 
        opioid dependency under section 303(g)(2)(B) of the Controlled 
        Substances Act'' and inserting ``information on any 
        practitioner who prescribes narcotic drugs in schedule III, IV, 
        or V of section 202 of the Controlled Substances Act for the 
        purpose of maintenance or detoxification treatment''.
            (4) Section 544(a)(3) of the Public Health Service Act (42 
        U.S.C. 290dd-3) is amended by striking ``any practitioner 
        dispensing narcotic drugs pursuant to section 303(g) of the 
        Controlled Substances Act'' and inserting ``any practitioner 
        dispensing narcotic drugs for the purpose of maintenance or 
        detoxification treatment''.
            (5) Section 1833(bb)(3)(B) of the Social Security Act (42 
        U.S.C. 1395l(bb)(3)(B)) is amended by striking ``first receives 
        a waiver under section 303(g) of the Controlled Substances Act 
        on or after January 1, 2019'' and inserting ``first begins 
        prescribing narcotic drugs in schedule III, IV, or V of section 
        202 of the Controlled Substances Act for the purpose of 
        maintenance or detoxification treatment on or after January 1, 
        2019''.
            (6) Section 1834(o)(3)(C)(ii) of the Social Security Act 
        (42 U.S.C. 1395m(o)(3)(C)(ii)) is amended by striking ``first 
        receives a waiver under section 303(g) of the Controlled 
        Substances Act on or after January 1, 2019'' and inserting 
        ``first begins prescribing narcotic drugs in schedule III, IV, 
        or V of section 202 of the Controlled Substances Act for the 
        purpose of maintenance or detoxification treatment on or after 
        January 1, 2019''.
            (7) Section 1866F(c)(3) of the Social Security Act (42 
        U.S.C. 1395cc-6(c)(3)) is amended--
                    (A) in subparagraph (A), by inserting ``and'' at 
                the end;
                    (B) in subparagraph (B), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking subparagraph (C).
            (8) Section 1903(aa)(2)(C) of the Social Security Act (42 
        U.S.C. 1396b(aa)(2)(C)) is amended--
                    (A) in clause (i), by inserting ``and'' at the end;
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii).

SEC. 303. RECOVERY IN THE WORKPLACE.

    It is the sense of Congress that an employee who is taking opioid 
antagonist, opioid agonist, or partial agonist drugs as part of a 
medication-assisted treatment program shall not be in violation of a 
drug-free workplace requirement.

SEC. 304. TELEHEALTH FOR RECOVERY SUPPORT SERVICES.

    (a) Funding for the Testing of Incentive Payments for Behavioral 
Health Providers for Adoption and Use of Certified Electronic Health 
Record Technology.--In addition to amounts appropriated under 
subsection (f) of section 1135A of the Social Security Act (42 U.S.C. 
13951315a), there are authorized to be appropriated to the Center for 
Medicare and Medicaid Innovation such sums as may be necessary for 
fiscal year 2021 to design, implement, and evaluate the model under 
subsection (b)(2)(B)(xxv) of such section. Amounts appropriated under 
the preceding sentence shall remain available until expended.
    (b) Telehealth for Substance Use Disorder Treatment.--
            (1) Substance use disorder services furnished through 
        telehealth under medicare.--Section 1834(m)(7) of the Social 
        Security Act (42 U.S.C. 1395m(m)(7)) is amended by adding at 
        the end the following: ``With respect to telehealth services 
        described in the preceding sentence that are furnished on or 
        after January 1, 2020, nothing shall preclude the furnishing of 
        such services through audio or telephone only technologies in 
        the case where a physician or practitioner has already 
        conducted an in-person medical evaluation or a telehealth 
        evaluation that utilizes both audio and visual capabilities 
        with the eligible telehealth individual.''.
            (2) Controlled substances dispensed by means of the 
        internet.--Section 309(e)(2) of the Controlled Substances Act 
        (21 U.S.C. 829(e)(2)) is amended--
                    (A) in subparagraph (A)(i)--
                            (i) by striking ``at least 1 in-person 
                        medical evaluation'' and inserting the 
                        following: ``at least--
                                    ``(I) 1 in-person medical 
                                evaluation''; and
                            (ii) by adding at the end the following:
                                    ``(II) for purposes of prescribing 
                                a controlled substance in schedule III 
                                or IV, 1 telehealth evaluation; or''; 
                                and
                    (B) by adding at the end the following:
                    ``(D)(i) The term `telehealth evaluation' means a 
                medical evaluation that is conducted in accordance with 
                applicable Federal and State laws by a practitioner 
                (other than a pharmacist) who is at a location remote 
                from the patient and is communicating with the patient 
                using a telecommunications system referred to in 
                section 1834(m) of the Social Security Act (42 U.S.C. 
                1395m(m)) that includes, at a minimum, audio and video 
                equipment permitting two-way, real-time interactive 
                communication between the patient and distant site 
                practitioner.
                    ``(ii) Nothing in clause (i) shall be construed to 
                imply that 1 telehealth evaluation demonstrates that a 
                prescription has been issued for a legitimate medical 
                purpose within the usual course of professional 
                practice.
                    ``(iii) A practitioner who prescribes the drugs or 
                combination of drugs that are covered under section 
                303(g)(2)(C) using the authority under subparagraph 
                (A)(i)(II) of this paragraph shall adhere to nationally 
                recognized evidence-based guidelines for the treatment 
                of patients with opioid use disorders and a diversion 
                control plan, as those terms are defined in section 8.2 
                of title 42, Code of Federal Regulations, as in effect 
                on the date of enactment of this subparagraph.''.

                      Subtitle B--Recovery Housing

SEC. 311. CLARIFYING THE ROLE OF SAMHSA IN PROMOTING THE AVAILABILITY 
              OF HIGH-QUALITY RECOVERY HOUSING.

    Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa) 
is amended--
            (1) in paragraph (24)(E), by striking ``and'' at the end;
            (2) in paragraph (25), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(26) collaborate with national accrediting entities and 
        reputable providers and analysts of recovery housing services 
        and all relevant Federal agencies, including the Centers for 
        Medicare & Medicaid Services, the Health Resources and Services 
        Administration, other offices and agencies within the 
        Department of Health and Human Services, the Office of National 
        Drug Control Policy, the Department of Justice, the Department 
        of Housing and Urban Development, and the Department of 
        Agriculture, to promote the availability of high-quality 
        recovery housing for individuals with a substance use 
        disorder.''.

SEC. 312. DEVELOPING GUIDELINES FOR STATES TO PROMOTE THE AVAILABILITY 
              OF HIGH-QUALITY RECOVERY HOUSING.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Assistant Secretary for Mental Health and Substance 
Use, shall develop, and publish on the Internet website of the 
Substance Abuse and Mental Health Services Administration, consensus-
based guidelines and nationally recognized standards for States to 
promote the availability of high-quality recovery housing for 
individuals with a substance use disorder. Such guidelines shall--
            (1) be developed in consultation with national accrediting 
        entities and reputable providers and analysts of recovery 
        housing services and be consistent with the best practices 
        developed under section 550 of the Public Health Service Act 
        (42 U.S.C. 290ee-5); and
            (2) to the extent practicable, build on existing best 
        practices and suggested guidelines developed previously by the 
        Substance Abuse and Mental Health Services Administration.
    (b) Public Comment Period.--Before finalizing guidelines under 
subsection (a), the Secretary of Health and Human Services shall 
provide for a public comment period.
    (c) Exclusion of Guideline on Treatment Services.--In developing 
the guidelines under subsection (a), the Secretary may not include any 
guideline or standard with respect to substance use disorder treatment 
services.
    (d) Substance Use Disorder Treatment Services.--In this section, 
the term ``substance use disorder treatment services'' means items or 
services furnished for the treatment of a substance use disorder, 
including--
            (1) medications approved by the Food and Drug 
        Administration for use in such treatment, excluding each such 
        medication used to prevent or treat a drug overdose;
            (2) the administering of such medications;
            (3) recommendations for such treatment;
            (4) clinical assessments and referrals;
            (5) counseling with a physician, psychologist, or mental 
        health professional (including individual and group therapy); 
        and
            (6) toxicology testing.

SEC. 313. COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE 
              AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING.

    Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5) is 
amended--
            (1) by redesignating subsections (e), (f), and (g) as 
        subsections (h), (i), and (j), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Coordination of Federal Activities To Promote the 
Availability of High-Quality Recovery Housing for Individuals With a 
Substance Use Disorder.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary, and the Secretary of the Department of 
        Housing and Urban Development, shall convene and serve as the 
        co-chairs of an interagency working group composed of 
        representatives of each of the Federal agencies described in 
        paragraph (2) (referred to in this section as the `working 
        group') for the following purposes:
                    ``(A) To increase collaboration, cooperation, and 
                consultation among such Federal agencies, with respect 
                to promoting the availability of high-quality recovery 
                housing.
                    ``(B) To align the efforts of such agencies and 
                avoid duplication of such efforts by such agencies.
                    ``(C) To develop objectives, priorities, and a 
                long- term plan for supporting State, Tribal, and local 
                efforts with respect to the operation of high-quality 
                recovery housing that is consistent with the best 
                practices developed under this section.
                    ``(D) To coordinate inspection and enforcement 
                among Federal and State agencies.
                    ``(E) To coordinate data collection on the quality 
                of recovery housing.
            ``(2) Federal agencies described.--The Federal agencies 
        described in this paragraph are the following:
                    ``(A) The Department of Health and Human Services.
                    ``(B) The Centers for Medicare & Medicaid Services.
                    ``(C) The Substance Abuse and Mental Health 
                Services Administration.
                    ``(D) The Health Resources and Services 
                Administration.
                    ``(E) The Indian Health Service.
                    ``(F) The Department of Housing and Urban 
                Development.
                    ``(G) The Department of Agriculture.
                    ``(H) The Department of Justice.
                    ``(I) The Office of National Drug Control Policy.
                    ``(J) The Bureau of Indian Affairs.
                    ``(K) Any other such agency or subagency as the 
                chair determines necessary and appropriate.
            ``(3) Meetings.--The working group shall meet on a 
        quarterly basis.
            ``(4) Reports to congress.--Beginning not later than 1 year 
        after the date of the enactment of this section and annually 
        thereafter, the working group shall submit to the Committee on 
        Health, Education, Labor, and Pensions, the Committee on 
        Agriculture, Nutrition, and Forestry, and the Committee on 
        Finance of the Senate and the Committee on Energy and Commerce, 
        the Committee on Ways and Means, the Committee on Agriculture, 
        and the Committee on Financial Services of the House of 
        Representatives a report describing the work of the working 
        group and any recommendations of the working group to improve 
        Federal, State, or local policy with respect to recovery 
        housing operations.''.

SEC. 314. NAS STUDY.

    Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5), 
as amended by section 313, is further amended by inserting after 
subsection (e) (as inserted by such section 313) the following:
    ``(f) NAS Study and Report.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary, shall enter into an arrangement with the 
        National Academy of Sciences under which the National Academy 
        agrees to conduct a study on--
                    ``(A) the availability in the United States of 
                high-quality recovery housing and whether that 
                availability meets the demand for such housing in the 
                United States; and
                    ``(B) State, Tribal, and local regulation and 
                oversight of recovery housing.
            ``(2) Report.--The arrangement under paragraph (1) shall 
        provide for the National Academy of Sciences to submit, not 
        later than 1 year after the date of the enactment of this 
        subsection, a report that contains--
                    ``(A) the results of the study under such 
                paragraph;
                    ``(B) the National Academy's recommendations for 
                Federal, State, and local policies to promote the 
                availability of high-quality recovery housing in the 
                United States;
                    ``(C) recommendations for Federal, State, and local 
                policies to improve data collection on the quality of 
                recovery housing;
                    ``(D) recommendations for recovery housing quality 
                metrics;
                    ``(E) recommendations to eliminate restrictions by 
                recovery residences that exclude individuals who take 
                prescribed medications for opioid use disorder; and
                    ``(F) a summary of allegations, assertions, or 
                formal legal actions on the State and local levels by 
                governments and non-governmental organizations with 
                respect to the opening and operation of recovery 
                residences.
            ``(3) Consultation.--In conducting the study under this 
        subsection, the National Academy of Sciences shall consult with 
        national accrediting entities and reputable providers and 
        analysts of recovery housing services.''.

SEC. 315. GRANTS FOR STATES TO PROMOTE THE AVAILABILITY OF HIGH QUALITY 
              RECOVERY HOUSING.

    Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5), 
as amended by sections 313 and 314 is further amended by inserting 
after subsection (f) (as inserted by such section 314) the following:
    ``(g) Grants for Implementing National Recovery Housing Best 
Practices.--
            ``(1) In general.--The Secretary shall award grants to 
        States (and political subdivisions thereof), Tribes, and 
        territories--
                    ``(A) for the provision of technical assistance by 
                national accrediting entities and reputable providers 
                and analysts of recovery housing services to implement 
                the guidelines, nationally recognized standards, and 
                recommendations developed under section 312 of the CARA 
                2.0 Act of 2020 and this section; and
                    ``(B) to promote the availability of high-quality 
                recovery housing for individuals with a substance use 
                disorder and practices to maintain housing quality long 
                term.
            ``(2) State enforcement plans.--Beginning not later than 90 
        days after the date of the enactment of this paragraph and 
        every 2 years thereafter, as a condition on the receipt of a 
        grant under paragraph (1), each State (or political 
        subdivisions thereof), Tribe, or territory receiving such a 
        grant shall submit to the Secretary, and make publicly 
        available on a publicly accessible Internet website of the 
        State (or political subdivisions thereof), Tribe, or territory, 
        the plan of the State (or political subdivisions thereof), 
        Tribe, or territory, with respect to the promotion of high-
        quality recovery housing for individuals with a substance use 
        disorder located within the jurisdiction of such State (or 
        political subdivisions thereof), Tribe, or territory, and how 
        such plan is consistent with the best practices developed under 
        this section and guidelines developed under section 312 of the 
        CARA 2.0 Act of 2020.
            ``(3) Review of accrediting entities.--The Secretary shall 
        periodically review the accrediting entities providing 
        technical assistance pursuant to paragraph (1)(A).''.

SEC. 316. AUTHORIZATION OF APPROPRIATIONS.

    Section 550 of the Public Health Service Act (42 U.S.C. 290ee-5), 
as amended by sections 313, 314, and 315, is further amended by 
amending subsection (j) (as redesignated by such section 313) to read 
as follows:
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--To carry out this section, there is 
        authorized to be appropriated--
                    ``(A) $2,000,000 for fiscal year 2021; and
                    ``(B) $11,000,000 for each of fiscal years 2022 
                through 2026.
            ``(2) Reservations of funds.--For each of fiscal years 2021 
        through 2026, of the amounts appropriated under paragraph (1) 
        for such fiscal year, the Secretary shall reserve--
                    ``(A) not less than $1,000,000 to carry out 
                subsection (e);
                    ``(B) not less than $1,000,000 to carry out 
                subsection (f); and
                    ``(C) not less than $10,000,000 to carry out 
                subsection (g).''.

SEC. 317. REPUTABLE PROVIDERS AND ANALYSTS OF RECOVERY HOUSING SERVICES 
              DEFINITION.

    Section 550(i) of the Public Health Service Act (42 U.S.C. 290ee-
5(i)), as redesignated by section 313, is amended by adding at the end 
the following:
            ``(4) The term `reputable providers and analysts of 
        recovery housing services' means recovery housing service 
        providers and analysts that--
                    ``(A) use evidence-based approaches;
                    ``(B) act in accordance with guidelines issued by 
                the Assistant Secretary for Mental Health and Substance 
                Use;
                    ``(C) have not been found guilty of health care 
                fraud by the Department of Justice; and
                    ``(D) have not been found to have violated Federal, 
                State, or local codes of conduct with respect to 
                recovery housing for individuals with a substance use 
                disorder.''.

SEC. 318. TECHNICAL CORRECTION.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended--
            (1) by redesignating section 550 (relating to Sobriety 
        Treatment and Recovery Teams) (42 U.S.C. 290ee-10), as added by 
        section 8214 of Public Law 115-271, as section 550A; and
            (2) moving such section so it appears after section 550 
        (relating to National Recovery Housing Best Practices).

                       TITLE IV--CRIMINAL JUSTICE

SEC. 401. MEDICATION-ASSISTED TREATMENT CORRECTIONS AND COMMUNITY 
              REENTRY PROGRAM.

    (a) Definitions.--In this section--
            (1) the term ``Attorney General'' means the Attorney 
        General, acting through the Director of the National Institute 
        of Corrections;
            (2) the term ``certified recovery coach'' means an 
        individual--
                    (A) with knowledge of, or experience with, recovery 
                from a substance use disorder; and
                    (B) who--
                            (i) has completed training through, and is 
                        determined to be in good standing by--
                                    (I) a single State agency; or
                                    (II) a recovery community 
                                organization that is capable of 
                                conducting that training and making 
                                that determination; and
                            (ii) meets the criteria specified by the 
                        Attorney General, in consultation with the 
                        Secretary of Health and Human Services, for 
                        qualifying as a certified recovery coach for 
                        the purposes of this Act;
            (3) the term ``correctional facility'' has the meaning 
        given the term in section 901 of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (34 U.S.C. 10251);
            (4) the term ``covered grant or cooperative agreement'' 
        means a grant received, or cooperative agreement entered into, 
        under the Program;
            (5) the term ``covered program'' means a program--
                    (A) to provide medication-assisted treatment to 
                individuals who have opioid use disorder and are 
                incarcerated within the jurisdiction of the State or 
                unit of local government carrying out the program; and
                    (B) that is developed, implemented, or expanded 
                through a covered grant or cooperative agreement;
            (6) the term ``medication-assisted treatment'' means the 
        use of any drug or combination of drugs that have been approved 
        under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
        et seq.) or section 351 of the Public Health Service Act (42 
        U.S.C. 262) for the treatment of an opioid use disorder, in 
        combination with evidence-based counseling and behavioral 
        therapies, such as psychosocial counseling, overseen by 1 or 
        more social work professionals and 1 or more qualified 
        clinicians, to provide a comprehensive approach to the 
        treatment of substance use disorders;
            (7) the term ``nonprofit organization'' means an 
        organization that is described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 and is exempt from taxation under 
        section 501(a) of such Code;
            (8) the term ``Panel'' means the Medication-assisted 
        Treatment Corrections and Community Reentry Application Review 
        Panel established under subsection (f)(2);
            (9) the term ``participant'' means an individual who 
        participates in a covered program;
            (10) the term ``political appointee'' has the meaning given 
        the term in section 714(h) of title 38, United States Code;
            (11) the term ``Program'' means the Medication-assisted 
        Treatment Corrections and Community Reentry Program established 
        under subsection (b);
            (12) the term ``psychosocial'' means the interrelation of 
        social factors and individual thought and behavior;
            (13) the term ``recovery community organization'' has the 
        meaning given the term in section 547 of the Public Health 
        Service Act (42 U.S.C. 290ee-2);
            (14) the term ``single State agency'' means, with respect 
        to a State or unit of local government, the single State agency 
        identified by the State, or the State in which the unit of 
        local government is located, in the plan submitted by that 
        State under section 1932(b)(1)(A)(i) of the Public Health 
        Service Act (42 U.S.C. 300x-32(b)(1)(A)(i));
            (15) the term ``State'' means--
                    (A) each State of the United States;
                    (B) the District of Columbia; and
                    (C) each commonwealth, territory, or possession of 
                the United States; and
            (16) the term ``unit of local government'' has the meaning 
        given the term in section 901 of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (34 U.S.C. 10251), except 
        that such term also includes a tribal organization, as defined 
        in section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5304).
    (b) Authorization.--Not later than 90 days after the date of 
enactment of this Act, the Attorney General, in consultation with the 
Secretary of Health and Human Services, shall establish a program--
            (1) that shall be known as the ``Medication-assisted 
        Treatment Corrections and Community Reentry Program''; and
            (2) under which the Attorney General--
                    (A) may make grants to, and enter into cooperative 
                agreements with, States or units of local government to 
                develop, implement, or expand 1 or more programs to 
                provide medication-assisted treatment that meets the 
                standard of care generally accepted for the treatment 
                of opioid use disorder to individuals who have opioid 
                use disorder and are incarcerated within the 
                jurisdictions of the States or units of local 
                government; and
                    (B) shall establish a working relationship with 1 
                or more knowledgeable corrections organizations with 
                expertise in security, medical health, mental health, 
                and substance use disorder care to oversee and support 
                implementation of the program, including through the 
                use of evidence-based clinical practices.
    (c) Use of Funds for Infrastructure.--In developing, implementing, 
or expanding a medication-assisted treatment program under subsection 
(b)(2)(A), a State or unit of local government may use funds from a 
grant or cooperative agreement under that subsection to develop the 
infrastructure necessary to provide the medication-assisted treatment, 
such as--
            (1) establishing safe storage facilities for the drugs used 
        in the treatment; and
            (2) obtaining appropriate licenses for the individuals who 
        will administer the treatment.
    (d) Purposes.--The purposes of the Program are to--
            (1) develop culturally competent (as defined in section 102 
        of the Developmental Disabilities Assistance and Bill of Rights 
        Act of 2000 (42 U.S.C. 15002)) medication-assisted treatment 
        programs in consultation with nonprofit organizations and 
        community organizations that are qualified to provide technical 
        support for the programs;
            (2) reduce the risk of overdose to participants after the 
        participants are released from incarceration; and
            (3) reduce the rate of reincarceration.
    (e) Program Requirements.--In carrying out a covered program, a 
State or unit of local government--
            (1) shall ensure that each individual who is newly 
        incarcerated at a correctional facility at which the covered 
        program is carried out, and who was receiving medication-
        assisted treatment before being incarcerated, continues to 
        receive medication-assisted treatment while incarcerated;
            (2) in providing medication-assisted treatment under the 
        covered program, shall offer to participants each type of drug 
        that has been approved under the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 301 et seq.) or section 351 of the 
        Public Health Service Act (42 U.S.C. 262) for the treatment of 
        an opioid use disorder; and
            (3) shall use--
                    (A) screening tools with psychometric reliability 
                and validity that provide useful clinical data to guide 
                the long-term treatment of participants who have--
                            (i) opioid use disorder; or
                            (ii) co-occurring opioid use disorder and 
                        mental disorders;
                    (B) at each correctional facility at which the 
                covered program is carried out, a sufficient number of 
                personnel, as determined by the Attorney General in 
                light of the number of individuals incarcerated at the 
                correctional facility and the number of those 
                individuals whom the correctional facility has screened 
                and identified as having opioid use disorder, to--
                            (i) monitor participants with active opioid 
                        use disorder who begin participation in the 
                        covered program while demonstrating, or 
                        develop, signs and symptoms of opioid 
                        withdrawal;
                            (ii) provide evidence-based medically 
                        managed withdrawal care or assistance to the 
                        participants described in clause (i);
                            (iii) prescribe or otherwise dispense--
                                    (I) the drugs that are offered 
                                under the covered program, as required 
                                under paragraph (1); and
                                    (II) naloxone or any other 
                                emergency opioid antagonist approved by 
                                the Commissioner of Food and Drugs to 
                                treat opioid overdose;
                            (iv) discuss with participants the risks 
                        and benefits of, and differences among, the 
                        opioid antagonist, opioid agonist, and partial 
                        agonist drugs used to treat opioid use 
                        disorder; and
                            (v) prepare a plan for release, including 
                        connecting participants with mental health and 
                        substance use treatment programs, medical care, 
                        public benefits, and housing; and
                    (C) a certified recovery coach, social work 
                professional, or other qualified clinician who, in 
                order to support the sustained recovery of 
                participants, shall work with participants who are 
                recovering from opioid use disorder.
    (f) Application.--
            (1) In general.--A State or unit of local government 
        desiring a covered grant or cooperative agreement shall submit 
        to the Attorney General an application that--
                    (A) shall include--
                            (i) a description of--
                                    (I) the objectives of the 
                                medication-assisted treatment program 
                                that the applicant will develop, 
                                implement, or expand under the covered 
                                grant or cooperative agreement;
                                    (II) the activities that the 
                                applicant will carry out under the 
                                covered program;
                                    (III) how the activities described 
                                under subclause (II) will achieve the 
                                objectives described in subclause (I);
                                    (IV) the outreach and education 
                                component of the covered program that 
                                the applicant will carry out in order 
                                to encourage maximum participation in 
                                the covered program; and
                                    (V) how the applicant will develop 
                                connections to culturally competent (as 
                                defined in section 102 of the 
                                Developmental Disabilities Assistance 
                                and Bill of Rights Act of 2000 (42 
                                U.S.C. 15002)) substance use and mental 
                                health treatment providers, medical 
                                professionals, nonprofit organizations, 
                                and other State agencies in order to 
                                plan for participants to receive a 
                                continuum of care and appropriate wrap-
                                around services after release from 
                                incarceration;
                            (ii) if, under the covered program that the 
                        applicant will carry out, the applicant will 
                        not, in providing medication-assisted 
                        treatment, offer to participants not less than 
                        1 drug that uses an opioid antagonist, not less 
                        than 1 drug that uses an opioid agonist, and 
                        not less than 1 drug that uses an opioid 
                        partial agonist, an explanation of why the 
                        applicant is unable to or chooses not to offer 
                        a drug that uses an opioid antagonist, a drug 
                        that uses an opioid agonist, or a drug that 
                        uses an opioid partial agonist, as applicable;
                            (iii) a plan for--
                                    (I) measuring progress in achieving 
                                the objectives described in clause 
                                (i)(I), including a strategy to collect 
                                data that can be used to measure that 
                                progress;
                                    (II) collaborating with the single 
                                State agency for the applicant or 1 or 
                                more nonprofit organizations in the 
                                community of the applicant to help 
                                ensure that--
                                            (aa) if participants so 
                                        desire, participants have 
                                        continuity of care after 
                                        release from incarceration with 
                                        respect to the form of 
                                        medication-assisted treatment 
                                        the participants received 
                                        during incarceration, 
                                        including--

                                                    (AA) by working 
                                                with community service 
                                                providers to assist 
                                                eligible participants, 
                                                before release from 
                                                incarceration in 
                                                registering for the 
                                                Medicaid program under 
                                                title XIX of the Social 
                                                Security Act (42 U.S.C. 
                                                1396 et seq.) or other 
                                                minimum essential 
                                                coverage, as defined in 
                                                section 5000A(f) of the 
                                                Internal Revenue Code 
                                                of 1986; and

                                                    (BB) if a 
                                                participant cannot 
                                                afford, or does not 
                                                qualify for, health 
                                                insurance that provides 
                                                coverage with respect 
                                                to enrollment in a 
                                                medication-assisted 
                                                treatment program, and 
                                                if the participant 
                                                cannot pay the cost of 
                                                enrolling in a 
                                                medication-assisted 
                                                treatment program, by 
                                                working with units of 
                                                local government, 
                                                nonprofit 
                                                organizations, opioid 
                                                use disorder treatment 
                                                providers, and entities 
                                                carrying out programs 
                                                under substance use 
                                                disorder grants to, 
                                                before the participant 
                                                is released from 
                                                incarceration, identify 
                                                a resource, other than 
                                                the applicant or the 
                                                covered program to be 
                                                carried out by the 
                                                applicant, that may be 
                                                used to pay the cost of 
                                                enrolling the 
                                                participant in a 
                                                medication-assisted 
                                                treatment program;

                                            (bb) medications are 
                                        securely stored; and
                                            (cc) protocols relating to 
                                        diversion are maintained; and
                                    (III) with respect to each 
                                community in which a correctional 
                                facility at which a covered program 
                                will be carried out is located, 
                                collaborating with State agencies 
                                responsible for overseeing programs 
                                relating to substance use disorder and 
                                local public health officials and 
                                nonprofit organizations in the 
                                community to help ensure that 
                                medication-assisted treatment provided 
                                at each correctional facility at which 
                                the covered program will be carried out 
                                is also available at locations that are 
                                not correctional facilities in those 
                                communities, to the greatest extent 
                                practicable; and
                            (iv) a certification that--
                                    (I) each correctional facility at 
                                which the covered program will be 
                                carried out has access to a sufficient 
                                number of clinicians who are licensed 
                                to prescribe or otherwise dispense to 
                                participants the drugs for the 
                                treatment of opioid use disorder 
                                required to be offered under subsection 
                                (e)(1), which may include clinicians 
                                who use telemedicine, in accordance 
                                with regulations issued by the 
                                Administrator of the Drug Enforcement 
                                Administration, to provide services 
                                under the covered program; and
                                    (II) the covered program will 
                                provide culturally competent (as 
                                defined in section 102 of the 
                                Developmental Disabilities Assistance 
                                and Bill of Rights Act of 2000 (42 
                                U.S.C. 15002)) evidence-based 
                                counseling and behavioral therapies, 
                                which may include counseling and 
                                therapy administered through the use of 
                                telemedicine, as appropriate, to 
                                participants as part of the medication-
                                assisted treatment provided under the 
                                covered program; and
                    (B) may include a statement indicating the number 
                of participants that the applicant expects to serve 
                through the covered program.
            (2) Medication-assisted treatment corrections and community 
        reentry application review panel.--
                    (A) In general.--Not later than 60 days after the 
                date of enactment of this Act, the Attorney General 
                shall establish a Medication-assisted Treatment 
                Corrections and Community Reentry Application Review 
                Panel that shall--
                            (i) be composed of not fewer than 10 
                        individuals and not more than 15 individuals; 
                        and
                            (ii) include--
                                    (I) 1 or more employees, who are 
                                not political appointees, of--
                                            (aa) the Department of 
                                        Justice;
                                            (bb) the Drug Enforcement 
                                        Administration;
                                            (cc) the Substance Abuse 
                                        and Mental Health Service 
                                        Administration;
                                            (dd) the National Center 
                                        for Injury Prevention and 
                                        Control at the Centers for 
                                        Disease Control and Prevention; 
                                        and
                                            (ee) the Office of National 
                                        Drug Control Policy; and
                                    (II) other stakeholders who--
                                            (aa) have expert knowledge 
                                        relating to the opioid 
                                        epidemic, drug treatment, 
                                        health equity, culturally 
                                        competent (as defined in 
                                        section 102 of the 
                                        Developmental Disabilities 
                                        Assistance and Bill of Rights 
                                        Act of 2000 (42 U.S.C. 15002)) 
                                        care, or community substance 
                                        use disorder services; and
                                            (bb) represent law 
                                        enforcement organizations and 
                                        public health entities.
                    (B) Duties.--
                            (i) In general.--The Panel shall--
                                    (I) review and evaluate 
                                applications for covered grants and 
                                cooperative agreements; and
                                    (II) make recommendations to the 
                                Attorney General relating to the 
                                awarding of covered grants and 
                                cooperative agreements.
                            (ii) Rural communities.--In reviewing and 
                        evaluating applications under clause (i), the 
                        Panel shall take into consideration the unique 
                        circumstances, including the lack of resources 
                        relating to the treatment of opioid use 
                        disorder, faced by rural States and units of 
                        local government.
                    (C) Termination.--The Panel shall terminate on the 
                last day of fiscal year 2023.
            (3) Publication of criteria in federal register.--Not later 
        than 90 days after the date of enactment of this Act, the 
        Attorney General, in consultation with the Panel, shall publish 
        in the Federal Register--
                    (A) the process through which applications 
                submitted under paragraph (1) shall be submitted and 
                evaluated; and
                    (B) the criteria used in awarding covered grants 
                and cooperative agreements.
    (g) Duration.--A covered grant or cooperative agreement shall be 
for a period of not more than 4 years, except that the Attorney General 
may extend the term of a covered grant or cooperative agreement based 
on outcome data or extenuating circumstances relating to the covered 
program carried out under the covered grant or cooperative agreement.
    (h) Report.--
            (1) In general.--Not later than 2 years after the date on 
        which a State or unit of local government is awarded a covered 
        grant or cooperative agreement, and each year thereafter until 
        the date that is 1 year after the date on which the period of 
        the covered grant or cooperative agreement ends, the State or 
        unit of local government shall submit a report to the Attorney 
        General that includes information relating to the covered 
        program carried out by the State or unit of local government, 
        including information relating to--
                    (A) the goals of the covered program;
                    (B) any evidence-based interventions carried out 
                under the covered program;
                    (C) outcomes of the covered program, which shall--
                            (i) be reported in a manner that 
                        distinguishes the outcomes based on the 
                        categories of, with respect to the participants 
                        in the covered program--
                                    (I) the race of the participants; 
                                and
                                    (II) the gender of the 
                                participants; and
                            (ii) include information relating to the 
                        rate of reincarceration among participants in 
                        the covered program, if available; and
                    (D) expenditures under the covered program.
            (2) Publication.--
                    (A) Awardee.--A State or unit of local government 
                that submits a report under paragraph (1) shall make 
                the report publicly available on--
                            (i) the website of each correctional 
                        facility at which the State or unit of local 
                        government carried out the covered grant 
                        program; and
                            (ii) if a correctional facility at which 
                        the State or unit of local government carried 
                        out the covered grant program does not operate 
                        a website, the website of the State or unit of 
                        local government.
                    (B) Attorney general.--The Attorney General shall 
                make each report received under paragraph (1) publicly 
                available on the website of the National Institute of 
                Corrections.
            (3) Submission to congress.--Not later than 2 years after 
        the date on which the Attorney General awards the first covered 
        grant or cooperative agreement, and each year thereafter, the 
        Attorney General shall submit to the Committee on the Judiciary 
        of the Senate and the Committee on the Judiciary of the House 
        of Representatives a summary and compilation of the reports 
        that the Attorney General has received under paragraph (1) 
        during the year preceding the date on which the Attorney 
        General submits the summary and compilation.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 to carry out this section for each of fiscal 
years 2021 through 2026.

SEC. 402. DEFLECTION AND PRE-ARREST DIVERSION.

    (a) Findings.--Congress finds the following:
            (1) Law enforcement officers and other first responders are 
        at the front line of the opioid epidemic. However, a 
        traditional law enforcement response to substance use often 
        fails to disrupt the cycle of addiction and arrest, or reduce 
        the risk of overdose.
            (2) Law enforcement-assisted diversion and deflection 
        programs have the potential to improve public health, decrease 
        the number of people entering the criminal justice system for 
        low-level offenses, and address racial disparities.
            (3) According to the Bureau of Justice Assistance of the 
        Department of Justice, ``Five pathways have been most commonly 
        associated with opioid overdose prevention and diversion to 
        treatment.'' The 5 pathways are--
                    (A) ``self-referral'', in which--
                            (i) an individual voluntarily initiates 
                        contact with a first responder, such as a law 
                        enforcement officer, firefighter, or emergency 
                        medical services professional, for a treatment 
                        referral (without fear of arrest); and
                            (ii) the first responder personally 
                        introduces the individual to a treatment 
                        provider (commonly known as a ``warm 
                        handoff'');
                    (B) ``active outreach'', in which a law enforcement 
                officer or other first responder--
                            (i) identifies or seeks out individuals in 
                        need of substance use disorder treatment; and
                            (ii) makes a warm handoff of such an 
                        individual to a treatment provider, who engages 
                        the individual in treatment;
                    (C) ``naloxone plus'', in which a law enforcement 
                officer or other first responder engages an individual 
                in treatment as part of an overdose response;
                    (D) ``officer prevention referral'', in which a law 
                enforcement officer or other first responder initiates 
                treatment engagement with an individual, but no 
                criminal charges are filed against the individual; and
                    (E) ``officer intervention referral'', in which--
                            (i) a law enforcement officer or other 
                        first responder initiates treatment engagement 
                        with an individual; and
                            (ii)(I) criminal charges are filed against 
                        the individual and held in abeyance; or
                            (II) a citation is issued to the 
                        individual.
            (4) As of the date of enactment of this Act, there are no 
        national best practices or guidelines for law enforcement-
        assisted diversion and deflection programs.
    (b) Use of Byrne JAG Funds for Deflection and Diversion Programs.--
Section 501 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10152) is amended--
            (1) in subsection (a)(1)(E), by inserting before the period 
        at the end the following: ``, including law enforcement-
        assisted deflection programs and law enforcement-assisted pre-
        arrest and pre-booking diversion programs (as those terms are 
        defined in subsection (h))''; and
            (2) by adding at the end the following:
    ``(h) Law Enforcement-Assisted Deflection Programs and Law 
Enforcement-Assisted Pre-Arrest and Pre-Booking Diversion Programs.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered grant.--The term `covered grant' 
                means a grant for a deflection or diversion program 
                awarded under subsection (a)(1)(E).
                    ``(B) Deflection or diversion program.--The term 
                `deflection or diversion program' means a law 
                enforcement-assisted deflection program or a law 
                enforcement-assisted pre-arrest or pre-booking 
                diversion, including programs where--
                            ``(i) an individual voluntarily initiates 
                        contact with a first responder for a treatment 
                        referral without fear of arrest and receives a 
                        warm handoff to treatment;
                            ``(ii) a law enforcement officer or other 
                        first responder identifies or seeks out 
                        individuals in need of substance use treatment 
                        and a warm handoff is made to a treatment 
                        provider, who engages them in treatment;
                            ``(iii) a law enforcement officer or other 
                        first responder engages an individual in 
                        treatment as part of an overdose response;
                            ``(iv) a law enforcement officer or other 
                        first responder initiates treatment engagement, 
                        but no criminal charges are filed;
                            ``(v) a law enforcement officer or other 
                        first responder initiates treatment engagement; 
                        and/or
                            ``(vi) charges are filed and held in 
                        abeyance or a citation is issued.
                    ``(C) Law enforcement-assisted deflection 
                program.--The term `law enforcement-assisted deflection 
                program' means a program under which a law enforcement 
                officer, when encountering an individual who is not 
                engaged in criminal activity but appears to have a 
                substance use disorder or mental health disorder, 
                instead of taking no action at the time of contact or 
                taking action at a later time, attempts to connect the 
                individual to substance use disorder treatment 
                providers or mental health treatment providers--
                            ``(i) without the use of coercion or fear 
                        of arrest; and
                            ``(ii) using established pathways for 
                        connections to local, community-based 
                        treatment.
                    ``(D) Law enforcement-assisted pre-arrest or pre-
                booking diversion program.--The term `law enforcement-
                assisted pre-arrest or pre-booking diversion program' 
                means a program--
                            ``(i) under which a law enforcement 
                        officer, when encountering an individual who 
                        has committed an offense that is nonviolent and 
                        is not a crime against a person, and the 
                        primary cause of which appears to be based on a 
                        substance use disorder or the mental health 
                        disorder of the individual, instead of 
                        arresting the individual, or instead of booking 
                        the individual after having arrested the 
                        individual, attempts to connect the individual 
                        to substance use disorder treatment providers 
                        or mental health treatment providers--
                                    ``(I) without the use of coercion; 
                                and
                                    ``(II) using established pathways 
                                for connections to local, community-
                                based treatment;
                            ``(ii) under which, in the case of pre-
                        arrest diversion, a law enforcement officer 
                        described in clause (i) may decide to--
                                    ``(I) issue a civil citation; or
                                    ``(II) take no action with respect 
                                to the offense for which the officer 
                                would otherwise have arrested the 
                                individual described in clause (i); and
                            ``(iii) that may authorize a law 
                        enforcement officer to refer an individual to 
                        substance use disorder treatment providers or 
                        mental health treatment providers if the 
                        individual appears to have a substance use 
                        disorder or mental health disorder and the 
                        officer suspects the individual of chronic 
                        violations of law but lacks probable cause to 
                        arrest the individual (commonly known as a 
                        `social contact referral').
            ``(2) Sense of congress regarding deflection or diversion 
        programs.--It is the sense of Congress that a deflection or 
        diversion program funded under this subpart should not exclude 
        individuals who are chronically exposed to the criminal justice 
        system.
            ``(3) Reports to attorney general.--Not later than 2 years 
        after the date on which a State or unit of local government is 
        awarded a covered grant, and each year thereafter until the 
        date that is 1 year after the date on which the period of the 
        covered grant ends, the State or unit of local government shall 
        submit a report to the Attorney General that includes 
        information relating to the deflection or diversion program 
        carried out by the State or unit of local government, including 
        information relating to--
                    ``(A) the goals of the deflection or diversion 
                program;
                    ``(B) any evidence-based interventions carried out 
                under the deflection or diversion program;
                    ``(C) outcomes of the deflection or diversion 
                program, which shall--
                            ``(i) be reported in a manner that 
                        distinguishes the outcomes based on the 
                        categories of, with respect to the participants 
                        in the deflection or diversion program--
                                    ``(I) the race of the participants; 
                                and
                                    ``(II) the gender of the 
                                participants; and
                            ``(ii) include information relating to the 
                        rate of reincarceration among participants in 
                        the deflection or diversion program, if 
                        available; and
                    ``(D) expenditures under the deflection or 
                diversion program.''.
    (c) Technical Assistance Grant Program.--
            (1) Definitions.--In this subsection--
                    (A) the term ``deflection or diversion program'' 
                has the meaning given the term in subsection (h) of 
                section 501 of title I of the Omnibus Crime Control and 
                Safe Streets Act of 1968 (34 U.S.C. 10152), as added by 
                subsection (b); and
                    (B) the terms ``State'' and ``unit of local 
                government'' have the meanings given those terms in 
                section 901 of title I of the Omnibus Crime Control and 
                Safe Streets Act of 1968 (34 U.S.C. 10251).
            (2) Grant authorized.--The Attorney General shall award a 
        single grant to an entity with significant experience in 
        working with law enforcement agencies, community-based 
        treatment providers, and other community-based human service 
        providers to develop or administer both diversion and 
        deflection programs, to promote and maximize the effectiveness 
        and racial equity of deflection or diversion programs, in order 
        to--
                    (A) help State and units of local government launch 
                and expand deflection or diversion programs;
                    (B) develop best practices for deflection or 
                diversion teams, which shall include--
                            (i) recommendations on community input and 
                        engagement in order to implement deflection or 
                        diversion programs as rapidly as possible and 
                        with regard to the particular needs of a 
                        community, including regular community meetings 
                        and other mechanisms for engagement with--
                                    (I) law enforcement agencies;
                                    (II) community-based treatment 
                                providers and other community-based 
                                human service providers;
                                    (III) the recovery community; and
                                    (IV) the community at-large; and
                            (ii) the implementation of metrics to 
                        measure community satisfaction concerning the 
                        meaningful participation and interaction of the 
                        community with the deflection or diversion 
                        program and program stakeholders;
                    (C) develop and publish a training and technical 
                assistance tool kit for deflection or diversion for 
                public education purposes;
                    (D) disseminate uniform criteria and standards for 
                the delivery of deflection or diversion program 
                services; and
                    (E) develop outcome measures that can be used to 
                continuously inform and improve social, clinical, 
                financial and racial equity outcomes.
            (3) Term.--The term of the grant awarded under paragraph 
        (2) shall be 5 years.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Attorney General $30,000,000 for the 
        grant under paragraph (2).

SEC. 403. HOUSING.

    Section 576 of the Quality Housing and Work Responsibility Act of 
1998 (42 U.S.C. 13661 et seq.) is amended by striking subsections (a), 
(b), and (c) and inserting the following:
    ``(a) Ineligibility of Illegal Drug Users and Alcohol Abusers.--
Notwithstanding any other provision of law, a public housing agency or 
an owner of federally assisted housing, as determined by the Secretary, 
may only prohibit admission to the program or admission to federally 
assisted housing for an individual whom the public housing agency or 
owner determines is illegally using a controlled substance or abusing 
alcohol if the agency or owner determines that the individual is using 
the controlled substance or abusing alcohol in a manner that interferes 
with the health or safety of other residents.
    ``(b) Authority To Deny Admission to Criminal Offenders.--
            ``(1) In general.--Except as provided in subsection (a), in 
        addition to any other authority to screen applicants, and 
        subject to paragraphs (2) and (3) of this subsection, a public 
        housing agency or an owner of federally assisted housing may 
        only prohibit admission to the program or to federally assisted 
        housing for an individual based on criminal activity of the 
        individual if the public housing agency or owner determines 
        that the individual, during a reasonable time preceding the 
        date on which the individual would otherwise be selected for 
        admission, was convicted of a crime involving conduct that 
        threatens the health or safety of other residents.
            ``(2) Exceptions and limitations.--A conviction that has 
        been vacated, a conviction the record of which has been sealed 
        or expunged, or a conviction for a crime committed by an 
        individual when the individual was less than 18 years of age, 
        shall not be grounds for denial of admission under paragraph 
        (1).
            ``(3) Admission policy.--
                    ``(A) Factors to consider.--In evaluating the 
                criminal history of an individual under paragraph (1), 
                a public housing agency or an owner of federally 
                assisted housing shall consider--
                            ``(i) whether an offense of which the 
                        individual was convicted bears a relationship 
                        to the safety and security of other residents;
                            ``(ii) the level of violence, if any, of an 
                        offense of which the individual was convicted;
                            ``(iii) the length of time since a 
                        conviction;
                            ``(iv) the number of convictions;
                            ``(v) if the individual is in recovery for 
                        a substance use disorder, whether the 
                        individual was under the influence of alcohol 
                        or illegal drugs at the time of an offense; and
                            ``(vi) any rehabilitation efforts that the 
                        individual has undertaken since the time of a 
                        conviction, including completion of a substance 
                        use treatment program.
                    ``(B) Written policy.--A public housing agency or 
                an owner of federally assisted housing shall establish 
                and make available to applicants a written admission 
                policy that enumerates the specific factors, including 
                the factors described in subparagraph (A), that will be 
                considered when the public housing agency or owner 
                evaluates the criminal history of an individual under 
                paragraph (1).''.

SEC. 404. VETERANS TREATMENT COURTS.

    Section 2991 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10651) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by inserting ``, substance use 
                                disorder,'' after ``mental health''; 
                                and
                                    (II) by inserting ``or adults or 
                                juveniles with substance use 
                                disorders'' after ``mentally ill adults 
                                or juveniles'';
                            (ii) in subparagraph (A), by inserting ``or 
                        substance use'' after ``mental health''; and
                            (iii) in subparagraph (B), by inserting 
                        ``or substance use'' after ``mental health'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A), by inserting ``or 
                        substance use disorder'' after ``mental 
                        health''; and
                            (ii) in subparagraph (C), by inserting ``or 
                        offenders with substance use disorders'' after 
                        ``mentally ill offenders'';
                    (C) in paragraph (5)--
                            (i) in the heading, by inserting ``or 
                        substance use disorder'' after ``Mental 
                        health'';
                            (ii) by striking ``mental health agency'' 
                        and inserting ``mental health or substance use 
                        agency''; and
                            (iii) by inserting ``, substance use 
                        services,'' after ``mental health services'';
                    (D) in paragraph (9)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)--
                                            (aa) in subclause (I), by 
                                        inserting ``, a substance use 
                                        disorder,'' after ``a mental 
                                        illness''; and
                                            (bb) in subclause (II), by 
                                        inserting ``, substance use 
                                        disorder,'' after ``mental 
                                        illness''; and
                                    (II) in clause (ii)(II), by 
                                inserting ``or substance use'' after 
                                ``mental health'';
                    (E) by redesignating paragraph (11) as paragraph 
                (12); and
                    (F) by inserting after paragraph (10) the 
                following:
            ``(11) Substance use court.--The term `substance use court' 
        means a judicial program that meets the requirements of part EE 
        of this title.'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting ``, 
                        substance use courts,'' after ``mental health 
                        courts'';
                            (ii) in subparagraph (B)--
                                    (I) by inserting ``mental health 
                                disorders, substance use disorders, 
                                or'' before ``co-occurring mental 
                                illness and substance use problems''; 
                                and
                                    (II) by striking ``illnesses'' and 
                                inserting ``disorders, illnesses, or 
                                problems'';
                            (iii) in subparagraph (C)--
                                    (I) in the matter preceding clause 
                                (i)--
                                            (aa) by striking ``mental 
                                        health agencies'' and inserting 
                                        ``mental health or substance 
                                        use agencies''; and
                                            (bb) by striking ``and, 
                                        where appropriate,'' and 
                                        inserting ``or''; and
                                    (II) in clause (i), by inserting 
                                ``, substance use disorders,'' after 
                                ``mental illness''; and
                            (iv) in subparagraph (D), by inserting ``or 
                        offender with a substance use disorder'' after 
                        ``mentally ill offender''; and
                    (B) in paragraph (5)--
                            (i) in subparagraph (B)--
                                    (I) in clause (i)--
                                            (aa) by inserting ``or 
                                        substance use court'' after 
                                        ``mental health court''; and
                                            (bb) by striking ``mental 
                                        health agency'' and inserting 
                                        ``mental health or substance 
                                        use agency''; and
                                    (II) in clause (ii), by striking 
                                ``and substance use services for 
                                individuals with co-occurring mental 
                                health and substance use disorders'' 
                                and inserting ``or substance use 
                                services'';
                            (ii) in subparagraph (C)--
                                    (I) in clause (i)(I), by inserting 
                                ``, substance use disorders,'' after 
                                ``mental illness'';
                                    (II) in clause (ii)--
                                            (aa) in subclause (II), by 
                                        inserting ``, substance use,'' 
                                        after ``mental health,'';
                                            (bb) in subclause (V), by 
                                        striking ``mental health 
                                        services'' and inserting 
                                        ``mental health or substance 
                                        use services''; and
                                            (cc) in subclause (VI), by 
                                        inserting ``or individuals with 
                                        substance use disorders'' after 
                                        ``mentally ill individuals'';
                            (iii) in subparagraph (D), by inserting 
                        ``or offenders with substance use disorders'' 
                        after ``mentally ill offenders'';
                            (iv) in subparagraph (E), by inserting ``or 
                        substance use disorders'' after ``mental 
                        illness'';
                            (v) in subparagraph (H), by striking ``and 
                        mental health'' and inserting ``, mental 
                        health, and substance use''; and
                            (vi) in subparagraph (I)--
                                    (I) in clause (i)--
                                            (aa) in the heading, by 
                                        inserting ``, substance use 
                                        courts,'' after ``Mental health 
                                        courts'';
                                            (bb) by inserting ``or 
                                        substance use courts'' after 
                                        ``mental health courts''; and
                                            (cc) by inserting ``or part 
                                        EE, as applicable,'' after 
                                        ``part V''; and
                                    (II) in clause (iv), by inserting 
                                ``or substance use'' after ``mental 
                                health'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by inserting ``, offenders 
                with substance use disorders,'' after ``mentally ill 
                offenders'';
                    (B) in paragraph (2), by inserting `` and offenders 
                with substance use disorders'' after ``mentally ill 
                offenders''; and
                    (C) in paragraph (3), by inserting ``or substance 
                use courts'' after ``mental health courts'';
            (4) in subsection (e)--
                    (A) in paragraph (1), by inserting ``or substance 
                use disorders'' after ``mental illness''; and
                    (B) in paragraph (4), by inserting ``or substance 
                use disorders'' after ``mental illness'';
            (5) in subsection (h)--
                    (A) in the heading, by inserting ``and Offenders 
                With Substance Use Disorders'' after ``Mentally Ill 
                Offenders'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A), by inserting ``or 
                        substance use disorders'' after ``mental 
                        illnesses'';
                            (ii) in subparagraph (C), by inserting ``or 
                        offenders with substance use disorders'' after 
                        ``mentally ill offenders'';
                            (iii) in subparagraph (D)--
                                    (I) by inserting ``or substance 
                                use'' after ``mental health''; and
                                    (II) by inserting ``or offenders 
                                with substance use disorders'' after 
                                ``mentally ill offenders'';
                            (iv) in subparagraph (E), by inserting ``or 
                        substance use disorders'' after ``mental 
                        illnesses''; and
                            (v) in subparagraph (F), by inserting ``, 
                        substance use disorders,'' after ``mental 
                        health disorders''; and
                    (C) in paragraph (2), by inserting ``or substance 
                use disorders'' after ``mental illnesses'';
            (6) in subsection (i)(2)--
                    (A) in subparagraph (B)--
                            (i) by redesignating clauses (i), (ii), and 
                        (iii) as subclauses (I), (II), and (III), and 
                        adjusting the margins accordingly;
                            (ii) in the matter preceding subclause (I), 
                        as so redesignated, by striking ``shall give 
                        priority to applications that--'' and inserting 
                        the following: ``shall give priority to--
                            ``(i) applications that--''; and
                            (iii) by striking the period at the end and 
                        inserting the following: ``; and
                            ``(ii) applications to establish or expand 
                        veterans treatment court programs that--
                                    ``(I) allow participation by a 
                                veteran receiving any type of 
                                medication-assisted treatment that 
                                involves the use of any drug or 
                                combination of drugs that have been 
                                approved under the Federal Food, Drug, 
                                and Cosmetic Act (21 U.S.C. 301 et 
                                seq.) or section 351 of the Public 
                                Health Service Act (42 U.S.C. 262) for 
                                the treatment of an opioid use 
                                disorder;
                                    ``(II) follow the Adult Drug Court 
                                Best Practice Standards published by 
                                the National Association of Drug Court 
                                Professionals; and
                                    ``(III) provide culturally 
                                competent (as defined in section 102 of 
                                the Developmental Disabilities 
                                Assistance and Bill of Rights Act of 
                                2000 (42 U.S.C. 15002)) services.''; 
                                and
                    (B) by adding at the end the following:
                    ``(C) Disclosure and reporting requirements.--
                            ``(i) Requirements for veterans treatment 
                        court program grantees.--An applicant that 
                        receives a grant under this subsection to 
                        establish or expand a veterans treatment court 
                        program shall--
                                    ``(I) disclose to the Attorney 
                                General any contract or relationship 
                                between the applicant and a local 
                                treatment provider;
                                    ``(II) track and report to the 
                                Attorney General the number of 
                                referrals to local treatment providers 
                                provided by the program; and
                                    ``(III) track and report to the 
                                Attorney General, with respect to each 
                                participant in the program--
                                            ``(aa) each charge brought 
                                        against the participant;
                                            ``(bb) the demographics of 
                                        the participant; and
                                            ``(cc) the outcome of the 
                                        participant's case.
                            ``(ii) Attorney general report.--The 
                        Attorney General shall periodically submit to 
                        Congress a report containing the information 
                        reported to the Attorney General under clause 
                        (i).
                    ``(D) Sense of congress regarding veterans 
                treatment court programs.--It is the sense of Congress 
                that a veterans treatment court program that receives 
                funding from a grant under this subsection should not 
                exclude individuals who are chronically exposed to the 
                criminal justice system.'';
            (7) in subsection (j)--
                    (A) in paragraph (1), by inserting ``or substance 
                use disorders'' after ``mental illness''; and
                    (B) in paragraph (2)(A), by inserting ``or 
                substance use disorders'' after ``mental illnesses'';
            (8) in subsection (k)(3)(A)(i)(I)(aa), by inserting `` or 
        substance use disorders'' after ``mental illnesses'';
            (9) in subsection (l)--
                    (A) in paragraph (1)(B)(ii), by inserting ``or 
                substance use disorder'' after ``mental illness'' each 
                place that term appears; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (C)(iii), by inserting 
                        ``or substance use'' after ``mental health''; 
                        and
                            (ii) in subparagraph (D), by striking 
                        ``mental health or'' and inserting ``mental 
                        health disorders, substance use disorders, 
                        or''; and
            (10) in subsection (o)(3)--
                    (A) by striking ``Limitation'' and inserting 
                ``Veterans'';
                    (B) by striking ``Not more than'' and inserting the 
                following:
                    ``(A) Limitation.--Not more than'';
                    (C) in subparagraph (A), as so designated, by 
                striking ``this section'' and inserting ``paragraph 
                (1)''; and
                    (D) by adding at the end the following:
                    ``(B) Additional funding.--In addition to the 
                amounts authorized under paragraph (1), there are 
                authorized to be appropriated to the Department of 
                Justice to carry out subsection (i) $20,000,000 for 
                each of fiscal years 2021 through 2026.''.
                                 <all>
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