II 

117TH CONGRESS 

1ST SESSION S. 987 

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

recovery from, substance use disorder. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2021 

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

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide support with respect to the prevention of, 

treatment for, and recovery from, substance use disorder. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘CARA 3.0 Act of 2021’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—EDUCATION, PREVENTION, AND RESEARCH 


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Sec. 101. National Education Campaign. 

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

Sec. 103. Long-term treatment and recovery support services outcomes research. 

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

Sec. 105. Workforce for prevention, treatment, and recovery support services. 

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

address local drug crises. 

Sec. 107. Access to non-opioid treatments for pain. 

TITLE II—TREATMENT 

Sec. 201. Evidence-based substance use disorder treatment and intervention 

demonstrations. 

Sec. 202. Improving treatment for pregnant, postpartum, and parenting 

women. 

Sec. 203. Require the use of prescription drug monitoring programs. 

Sec. 204. Prescriber education. 

Sec. 205. Prohibition of utilization control policies or procedures for medication-assisted treatment under Medicaid. 

Sec. 206. Medication-assisted treatment for recovery from substance use disorder. 

Sec. 207. Telehealth response for e-prescribing addiction therapy services. 

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

Sec. 209. Reauthorization of PRAC Ed grant program. 

Sec. 210. GAO study on parity. 

Sec. 211. Improving substance use disorder prevention workforce act. 

TITLE III—RECOVERY 

Subtitle A—General Provisions 

Sec. 301. Building communities of recovery. 

Sec. 302. Recovery in the workplace. 

Sec. 303. National youth and young adult recovery initiative. 

Subtitle B—Recovery Housing 

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

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

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

Sec. 314. NAS study. 

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

housing. 

Sec. 316. Authorization of appropriations. 

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

Sec. 318. Technical correction. 

TITLE IV—CRIMINAL JUSTICE 

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

Program. 

Sec. 402. Deflection and pre-arrest diversion. 


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Sec. 403. Housing. 

Sec. 404. Veterans treatment courts. 

Sec. 405. Infrastructure for reentry. 

1 SEC. 2. FINDINGS. 

2 Congress finds as follows: 

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

4 companies began developing new drugs for pain 

5 treatment, including extended release oxycodone. 

6 These companies aggressively marketed these drugs 

7 to the medical community as a way to address 

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

9 distributed 76,000,000,000 oxycodone and 

10 hydrocodone pain pills nationwide from 2006 to 

11 2012. 

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

15 that prescription drugs are less harmful than illicit 

16 drugs has caused an increase in drug misuse. 

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

19 opioid overdose deaths. From 1999 to 2017, almost 

20 218,000 people died in the United States from 

21 overdoses related to prescription opioids. More re22 cently, fentanyl, a powerful synthetic opioid, sur23 passed prescription opioids as the most lethal overVerDate Sep 11 2014 22:12 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 dose substance and now is linked to nearly 3 times 

2 as many deaths. 

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

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

5 people in the United States age 12 and older 

6 misused opioids. 

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

8 States die every day from an opioid overdose. 

9 (C) The opioid crisis has cost the United 

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

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

12 children in foster care nationwide increased 10 

13 percent to nearly 442,995. Parental drug use 

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

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

16 of other negative health impacts. For example, sy17 ringe sharing among people who inject drugs has led 

18 to increases in hepatitis C virus infections and infec19 tive endocarditis, as well as localized HIV outbreaks. 

20 (6) The United States health care system has 

21 struggled to catch up to the crisis: 

22 (A) The majority of people in the United 

23 States with an opioid use disorder do not re24 ceive substance use treatment, and many who 

25 do receive such treatment do not receive eviVerDate Sep 11 2014 22:12 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 dence-based treatment. Although medication-as2 sisted treatment has been endorsed by the Na3 tional Institutes of Health and the World 

4 Health Organization, only one-third of treat5 ment programs offer any of the 3 drugs ap6 proved by the Food and Drug Administration 

7 for the treatment of opioid use disorder, and 

8 just 6 percent of medication-offering facilities 

9 provide all 3. 

10 (B) Facilities that provide medications for 

11 the treatment of opioid disorder are con12 centrated in the Northeast and Southwest, leav13 ing many of the areas hit hardest by the opioid 

14 crisis without access to evidence-based treat15 ment. The need is particularly acute in rural 

16 areas, which often do not have enough providers 

17 to meet the demand. 

18 (C) Unlike other health care needs, sub19 stance use treatment is largely funded by State 

20 and local revenues and Federal block grants, 

21 rather than the Medicare program, the Med22 icaid program, and private insurance. 

23 (D) While new substances, particularly 

24 synthetic drugs, continue to make inroads into 

25 communities in the United States, funding 


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1 streams are often dedicated to particular sub2 stances, limiting providers’ ability to adapt to 

3 changing needs. 

4 (E) The stigma associated with substance 

5 use disorder prevents people from seeking treat6 ment. Too often, people enter substance use 

7 treatment only after committing a criminal of8 fense, whether through a court mandate, as a 

9 condition of parole or probation supervision, or 

10 as a condition of regaining employment after 

11 conviction. In 2003, 36 percent of all substance 

12 use treatment admissions, 40 percent of all al13 cohol abuse treatment admissions, and 57 per14 cent of all marijuana use treatment admissions 

15 were referrals from the criminal justice system. 

16 (F) The stigma of substance use disorder 

17 also limits people’s ability to find jobs and 

18 housing. These obstacles are exacerbated by the 

19 criminalization of substance use disorder—even 

20 convictions for drug possession for personal use 

21 can create lifelong collateral consequences. The 

22 absence of stable housing and employment 

23 make it even more difficult for people to live 

24 drug free. 


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

2 equal access to substance use treatment in the com3 munity. Current research has found that Black and 

4 Latinx Americans are less likely to receive substance 

5 use treatment when controlling for other relevant 

6 factors, like socioeconomic status. 

7 (8) Inadequate access to substance use treat8 ment can exacerbate other health disparities. Indi9 viduals with substance use disorders have higher 

10 rates of suicide attempts than individuals in the gen11 eral population, high health care expenses, and sig12 nificant disability. 

13 (9) A comprehensive public health approach 

14 that tackles both the causes and the consequences of 

15 substance use disorder is necessary to stem the tide. 

16 TITLE I—EDUCATION, 

17 PREVENTION, AND RESEARCH 

18 SEC. 101. NATIONAL EDUCATION CAMPAIGN. 

19 Section 102 of the Comprehensive Addiction and Re20 covery Act of 2016 (42 U.S.C. 290bb–25g) is amended— 

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

22 controlled substances (as defined in section 102 of 

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

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


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

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

3 (3) in subsection (c)— 

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

5 the end; 

6 (B) in paragraph (3), by striking the pe7 riod and inserting a semicolon; and 

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

9 ‘‘(4) use destigmatizing language promoting hu10 mane and culturally competent (as defined in section 

11 102 of the Developmental Disabilities Assistance 

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

13 treatment of all individuals who face substance use 

14 disorder, including such individuals who use medica15 tion-assisted treatment for recovery purposes; 

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

17 and validation of harm reduction and where to ob18 tain harm reduction services; 

19 ‘‘(6) include information about polysubstance 

20 use; and 

21 ‘‘(7) include information about prevention and 

22 treatment using medication-assisted treatment and 

23 recovery support.’’; and 

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


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

2 is authorized to be appropriated to carry out this section 

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

4 2021 through 2026.’’. 

5 SEC. 102. RESEARCH INTO NON-OPIOID PAIN MANAGE6 MENT. 

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

8 Human Services, acting through the Director of the Na9 tional Institutes of Health and the Director of the Centers 

10 for Disease Control and Prevention, shall carry out re11 search with respect to non-opioid methods of pain manage12 ment, including non-pharmaceutical remedies for pain and 

13 integrative medicine solutions. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

15 out this section, there are authorized to be appropriated 

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

17 2021 through 2026. 

18 SEC. 103. LONG-TERM TREATMENT AND RECOVERY SUP19 PORT SERVICES OUTCOMES RESEARCH. 

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

21 Human Services shall award grants to eligible entities to 

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

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

24 and recovery support for substance use disorder, including 

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1 velopmental Disabilities Assistance and Bill of Rights Act 

2 of 2001 (42 U.S.C. 15002)) treatment. Such research 

3 shall measure mortality, morbidity, physical and emotional 

4 health, employment, stable housing, criminal justice in5 volvement, family relationships, and other quality-of-life 

6 measures. Such research shall distinguish outcomes based 

7 on race, gender, and socioeconomic status, as well as any 

8 other relevant characteristics. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

10 out this section, there are authorized to be appropriated 

11 such sums as may be necessary. 

12 SEC. 104. NATIONAL COMMISSION FOR EXCELLENCE ON 

13 POST-OVERDOSE RESPONSE. 

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

15 and Human Services for Mental Health and Substance 

16 Use (referred to in this section as the ‘‘Assistant Sec17 retary’’), in consultation with the Director of the Office 

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

19 National Academy of Medicine, shall establish an advisory 

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

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

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

23 resources for researchers and evaluators, clinicians 

24 and clinical teams, quality improvement experts, and 

25 healthcare decision makers to improve the quality 


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1 and safety of care for drug overdoses and substance 

2 use disorder; 

3 (2) advises the individuals described in para4 graph (1) on— 

5 (A) how to achieve equitable outcomes 

6 across race and socioeconomic status; and 

7 (B) how to effectively and appropriately 

8 control avoidable hospital admissions, emer9 gency department admissions, and other ad10 verse events related to substance use disorder 

11 care; and 

12 (3) develops culturally competent (as defined in 

13 section 102 of the Developmental Disabilities Assist14 ance and Bill of Rights Act of 2000 (42 U.S.C. 

15 15002)) best practices and clinical practice guide16 lines. 

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

18 established under subsection (a) shall include— 

19 (1) a representative of the Substance Abuse 

20 and Mental Health Services Administration; 

21 (2) a representative of the Office of National 

22 Drug Control Policy; 

23 (3) a representative of the National Academy of 

24 Medicine; 


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1 (4) a representative of the National Institute on 

2 Drug Abuse; 

3 (5) a substance use disorder specialist ap4 pointed by the Assistant Secretary; 

5 (6) a peer recovery specialist appointed by the 

6 Assistant Secretary; 

7 (7) an individual with experience in harm re8 duction; and 

9 (8) any other individual that the Assistant Sec10 retary determines appropriate. 

11 (c) SUNSET.—The commission established under sub12 section (a) shall terminate on the date that is 10 years 

13 after the date of enactment of this Act. 

14 SEC. 105. WORKFORCE FOR PREVENTION, TREATMENT, 

15 AND RECOVERY SUPPORT SERVICES. 

16 (a) EMPLOYMENT AND TRAINING SERVICES.—Sub17 part 2 of part B of title V of the Public Health Service 

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

19 at the end the following: 

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

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

22 Center shall— 

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

24 enactment of this Act, announce an opportunity to 


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1 apply for grants or contracts awarded to support the 

2 activities described in subsection (b); and 

3 ‘‘(2) from the funds appropriated under sub4 section (c), not later than 45 days after the date on 

5 which an entity submits an application that meets 

6 the requirements of the Secretary under this section, 

7 award funds under this section to such entity. 

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

9 under this section shall use the funds to support employ10 ment and training services for substance use treatment 

11 professionals, including peer recovery specialists. Not less 

12 than 15 percent of the amount received by an entity under 

13 this section shall be allocated to activities related to reten14 tion of substance use disorder professionals. 

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

16 are authorized to be appropriated to carry out this section 

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

18 2021 through 2026.’’. 

19 (b) FUNDING FOR MENTAL AND BEHAVIORAL

20 HEALTH EDUCATION AND TRAINING GRANTS.—Section 

21 756(f) of the Public Health Service Act (42 U.S.C. 294e– 

22 1(f)) is amended— 

23 (1) in the matter preceding paragraph (1), by 

24 striking ‘‘$50,000,000’’ and inserting 

25 ‘‘$55,000,000’’; and 


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

2 ‘‘(5) For continuing education and other activi3 ties to increase retention and to strengthen the sub4 stance use disorder workforce, $5,000,000.’’. 

5 SEC. 106. REAUTHORIZATION OF COMMUNITY-BASED COA6 LITION ENHANCEMENT GRANTS TO ADDRESS 

7 LOCAL DRUG CRISES. 

8 Section 103(i) of the Comprehensive Addiction and 

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

10 striking ‘‘there are authorized to be appropriated 

11 $5,000,000 for each of fiscal years 2017 through 2021.’’ 

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

13 appropriated— 

14 ‘‘(1) $5,000,000 for each of fiscal years 2017 

15 through 2020; and 

16 ‘‘(2) $10,000,000 for each of fiscal years 2021 

17 through 2026.’’. 

18 SEC. 107. ACCESS TO NON-OPIOID TREATMENTS FOR PAIN. 

19 (a) IN GENERAL.—Section 1833(t) of the Social Se20 curity Act (42 U.S.C. 1395l(t)) is amended— 

21 (1) in paragraph (2)(E), by inserting ‘‘and sep22 arate payments for non-opioid treatments under 

23 paragraph (16)(G),’’ after ‘‘payments under para24 graph (6)’’; and 


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1 (2) in paragraph (16), by adding at the end the 

2 following new subparagraph: 

3 ‘‘(G) ACCESS TO NON-OPIOID TREATMENTS

4 FOR PAIN.— 

5 ‘‘(i) IN GENERAL.—Notwithstanding 

6 any other provision of this subsection, with 

7 respect to a covered OPD service (or group 

8 of services) furnished on or after January 

9 1, 2022, and before January 1, 2027, the 

10 Secretary shall not package, and shall 

11 make a separate payment as specified in 

12 clause (ii) for, a non-opioid treatment (as 

13 defined in clause (iii)) furnished as part of 

14 such service (or group of services). 

15 ‘‘(ii) AMOUNT OF PAYMENT.—The 

16 amount of the payment specified in this 

17 clause is, with respect to a non-opioid 

18 treatment that is— 

19 ‘‘(I) a drug or biological product, 

20 the amount of payment for such drug 

21 or biological determined under section 

22 1847A; or 

23 ‘‘(II) a medical device, the 

24 amount of the hospital’s charges for 

25 the device, adjusted to cost. 


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1 ‘‘(iii) DEFINITION OF NON-OPIOID

2 TREATMENT.—A ‘non-opioid treatment’ 

3 means— 

4 ‘‘(I) a drug or biological product 

5 that is indicated to produce analgesia 

6 without acting upon the body’s opioid 

7 receptors; or 

8 ‘‘(II) an implantable, reusable, or 

9 disposable medical device cleared or 

10 approved by the Administrator for 

11 Food and Drugs for the intended use 

12 of managing or treating pain; 

13 that has demonstrated the ability to re14 place, reduce, or avoid opioid use or the 

15 quantity of opioids prescribed in a clinical 

16 trial or through data published in a peer17 reviewed journal.’’. 

18 (b) AMBULATORY SURGICAL CENTER PAYMENT SYS19 TEM.—Section 1833(i)(2)(D) of the Social Security Act 

20 (42 U.S.C. 1395l(i)(2)(D)) is amended— 

21 (1) by aligning the margins of clause (v) with 

22 the margins of clause (iv); 

23 (2) by redesignating clause (vi) as clause (vii); 

24 and 


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1 (3) by inserting after clause (v) the following 

2 new clause: 

3 ‘‘(vi) In the case of surgical services 

4 furnished on or after January 1, 2022, and 

5 before January 1, 2027, the payment sys6 tem described in clause (i) shall provide, in 

7 a budget-neutral manner, for a separate 

8 payment for a non-opioid treatment (as de9 fined in clause (iii) of subsection 

10 (t)(16)(G)) furnished as part of such serv11 ices in the amount specified in clause (ii) 

12 of such subsection.’’. 

13 (c) EVALUATION OF THERAPEUTIC SERVICES FOR

14 PAIN MANAGEMENT.— 

15 (1) REPORT TO CONGRESS.—Not later than 1 

16 year after the date of the enactment of this Act, the 

17 Secretary of Health and Human Services (in this 

18 subsection referred to as the ‘‘Secretary’’), acting 

19 through the Administrator of the Centers for Medi20 care & Medicaid Services, shall submit to Congress 

21 a report identifying— 

22 (A) limitations, gaps, barriers to access, or 

23 deficits in Medicare coverage or reimbursement 

24 for restorative therapies, behavioral approaches, 

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1 ices that are identified in the Pain Management 

2 Best Practices Inter-Agency Task Force Report 

3 and that have demonstrated the ability to re4 place or reduce opioid consumption; and 

5 (B) recommendations to address the limi6 tations, gaps, barriers to access, or deficits 

7 identified under subparagraph (A) to improve 

8 Medicare coverage and reimbursement for such 

9 therapies, approaches, and services. 

10 (2) PUBLIC CONSULTATION.—In developing the 

11 report described in paragraph (1), the Secretary 

12 shall consult with relevant stakeholders as deter13 mined appropriate by the Secretary. 

14 (3) EXCLUSIVE TREATMENT.—Any drug, bio15 logical product, or medical device that is a non16 opioid treatment (as defined in section 

17 1833(t)(16)(G)(iii) of the Social Security Act, as 

18 added by subsection (a)) shall not be considered a 

19 therapeutic service for the purpose of the report de20 scribed in paragraph (1). 


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1 TITLE II—TREATMENT 

2 SEC. 201. EVIDENCE-BASED SUBSTANCE USE DISORDER 

3 TREATMENT AND INTERVENTION DEM4 ONSTRATIONS. 

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

6 U.S.C. 290bb–10) is amended— 

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

8 following: 

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

10 awarded under paragraph (1) may be used by a re11 cipient for training emergency room technicians, 

12 physicians, nurses, or other health care professionals 

13 on identifying the presence of substance use dis14 orders; how effectively to engage with, intervene with 

15 respect to, and refer patients for assessment and 

16 specialized substance use disorder care, including 

17 medication-assisted treatment and care for co-occur18 ring disorders; and offering peer-based interventions 

19 in the emergency room and other health care envi20 ronments to connect people to clinical and commu21 nity-based supports for substance use disorder.’’; 

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

23 tribes and tribal organizations (as defined in section 

24 4 of the Indian Self-Determination and Education 


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1 Assistance Act)’’ before the period of the first sen2 tence; and 

3 (3) in subsection (f), by inserting before the pe4 riod the following: ‘‘, and $300,000,000 for each of 

5 fiscal years 2021 through 2026’’. 

6 SEC. 202. IMPROVING TREATMENT FOR PREGNANT, 

7 POSTPARTUM, AND PARENTING WOMEN. 

8 Section 508 of the Public Health Service Act (42 

9 U.S.C. 290bb–1) is amended— 

10 (1) in subsection (m)— 

11 (A) by striking ‘‘that agrees to use’’ and 

12 inserting ‘‘that agrees— 

13 ‘‘(1) to use’’; 

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

15 inserting ‘‘; or’’; and 

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

17 ‘‘(2) to— 

18 ‘‘(A) allow participation in the program 

19 supported by the award by individuals taking a 

20 drug or combination of drugs approved by the 

21 Food and Drug Administration as a medication 

22 for addiction treatment, including such individ23 uals taking an opioid agonist; 

24 ‘‘(B) provide culturally competent services 

25 (as defined in section 102 of the Developmental 


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1 Disabilities Assistance and Bill of Rights Act of 

2 2000); 

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

4 treatment program; and 

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

6 program supported by the award.’’; 

7 (2) in subsection (p), by inserting ‘‘, and demo8 graphic data on the individuals served by programs 

9 funded under this section and case outcomes, as re10 ported to the Director by award recipients’’ before 

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

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

13 for each of fiscal years 2019 through 2023’’ and in14 serting ‘‘100,000,000 for each of fiscal years 2021 

15 through 2026’’. 

16 SEC. 203. REQUIRE THE USE OF PRESCRIPTION DRUG MON17 ITORING PROGRAMS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) CONTROLLED SUBSTANCE.—The term 

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

21 term in section 102 of the Controlled Substances 

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

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

24 State’’ means a State that receives funding under 

25 the Harold Rogers Prescription Drug Monitoring 


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1 Program established under the Departments of 

2 Commerce, Justice, and State, the Judiciary, and 

3 Related Agencies Appropriations Act, 2002 (Public 

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

5 amendment made by this Act), or under the con6 trolled substance monitoring program under section 

7 399O of the Public Health Service Act (42 U.S.C. 

8 280g–3). 

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

10 (A) means a person licensed or otherwise 

11 authorized by a State to deliver a prescription 

12 drug product to a patient or an agent of the pa13 tient; and 

14 (B) does not include a person involved in 

15 oversight or payment for prescription drugs. 

16 (4) PDMP.—The term ‘‘PDMP’’ means a pre17 scription drug monitoring program. 

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

19 means a practitioner registered under section 303(f) 

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

21 to prescribe, administer, or dispense controlled sub22 stances. 

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

24 the several States and the District of Columbia. 


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

2 of enactment of this Act, each covered State shall re3 quire— 

4 (1) each prescribing practitioner within the cov5 ered State or their designee, who shall be licensed or 

6 registered healthcare professionals or other employ7 ees who report directly to the practitioner, to consult 

8 the PDMP of the covered State before initiating 

9 treatment with a prescription for a controlled sub10 stance listed in schedule II, III, or IV of section 

11 202(c) of the Controlled Substances Act (21 U.S.C. 

12 812(c)), and every 3 months thereafter as long as 

13 the treatment continues; 

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

15 proactive notification to a practitioner when patterns 

16 indicative of controlled substance misuse, including 

17 opioid misuse, are detected; 

18 (3) each dispenser within the covered State to 

19 report each prescription for a controlled substance 

20 dispensed by the dispenser to the PDMP not later 

21 than 24 hours after the controlled substance is dis22 pensed to the patient; 

23 (4) that the PDMP make available a quarterly 

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1 viders, health plans and health benefits administra2 tors, State agencies, and researchers, which shall, at 

3 a minimum, meet requirements established by the 

4 Attorney General, in coordination with the Secretary 

5 of Health and Human Services; 

6 (5) each State agency that administers the 

7 PDMP to— 

8 (A) proactively analyze data available 

9 through the PDMP; and 

10 (B) provide reports to prescriber licensing 

11 boards describing any prescribing practitioner 

12 that repeatedly fall outside of expected norms 

13 or standard practices for the prescribing practi14 tioner’s field; and 

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

16 covered State be made available to other States. 

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

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

19 Secretary of Health and Human Services may withhold 

20 grant funds from being awarded to the covered State 

21 under the Harold Rogers Prescription Drug Monitoring 

22 Program established under the Departments of Com23 merce, Justice, and State, the Judiciary, and Related 

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

25 115 Stat. 748), under this Act (or an amendment made 


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

2 program under section 399O of the Public Health Service 

3 Act (42 U.S.C. 280g–3). 

4 SEC. 204. PRESCRIBER EDUCATION. 

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

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

7 201, is amended— 

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

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

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

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

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

13 ‘‘(m) PRESCRIBER EDUCATION.— 

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

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

16 means an agent or employee of a covered facil17 ity who— 

18 ‘‘(i) prescribes controlled substances 

19 for humans under the registration of the 

20 facility under this part; and 

21 ‘‘(ii) is a medical resident; 

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

23 practitioner— 

24 ‘‘(i) that is a hospital or other institu25 tion; 


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

2 to prescribe controlled substances; and 

3 ‘‘(iii) under whose registration under 

4 this part agents or employees of the practi5 tioner prescribe controlled substances; 

6 ‘‘(C) the term ‘covered individual practi7 tioner’ means a practitioner who— 

8 ‘‘(i) is an individual; 

9 ‘‘(ii) is not a veterinarian; and 

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

11 prescribe controlled substances; and 

12 ‘‘(D) the term ‘specified continuing edu13 cation topics’ means— 

14 ‘‘(i) alternatives to opioids for pain 

15 management; 

16 ‘‘(ii) palliative care; 

17 ‘‘(iii) substance use disorder; 

18 ‘‘(iv) adverse events; 

19 ‘‘(v) potential for dependence; 

20 ‘‘(vi) tolerance; 

21 ‘‘(vii) prescribing contraindicated sub22 stances; 

23 ‘‘(viii) medication-assisted treatment; 


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1 ‘‘(ix) overdose prevention and re2 sponse, including the administration of 

3 naloxone; 

4 ‘‘(x) culturally competent (as defined 

5 in section 102 of the Developmental Dis6 abilities Assistance and Bill of Rights Act 

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

8 ‘‘(xi) bias and stigma in prescribing 

9 trends; and 

10 ‘‘(xii) any other topic that the Attor11 ney General determines appropriate. 

12 ‘‘(2) CERTIFICATION OF CONTINUING EDU13 CATION.— 

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

15 condition of granting or renewing the registra16 tion of a covered individual practitioner under 

17 this part to dispense controlled substances in 

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

19 shall require the practitioner to certify that, 

20 during the 3-year period preceding the date of 

21 the grant or renewal of registration, the practi22 tioner completed course work or training from 

23 an organization accredited by the Accreditation 

24 Council for Continuing Medical Education 

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


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1 State medical society accreditor recognized by 

2 the ACCME, that included not fewer than 3 

3 hours of content on the specified continuing 

4 education topics. 

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

6 granting or renewing the registration of a cov7 ered facility under this part to dispense con8 trolled substances in schedule II, III, IV, or V, 

9 the Attorney General shall require the covered 

10 facility to certify that the facility does not allow 

11 a covered agent or employee to prescribe con12 trolled substances for humans under the reg13 istration of the facility unless, during the pre14 ceding 3-year period, the covered agent or em15 ployee completed course work or training from 

16 an organization accredited by the Accreditation 

17 Council for Continuing Medical Education 

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

19 medical society accreditor recognized by the 

20 ACCME, that included not fewer than 3 hours 

21 of content on the specified continuing education 

22 topics.’’. 

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

24 303 of the Controlled Substances Act (21 U.S.C. 823), 

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


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1 renewal of registration described in such subsection (m) 

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

3 date of enactment of this Act. 

4 SEC. 205. PROHIBITION OF UTILIZATION CONTROL POLI5 CIES OR PROCEDURES FOR MEDICATION-AS6 SISTED TREATMENT UNDER MEDICAID. 

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

8 1396d) is amended— 

9 (1) in subsection (a)— 

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

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

12 the left; and 

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

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

15 subsection’’ after ‘‘paragraph (1) of such sub16 section’’; and 

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

18 following new paragraph: 

19 ‘‘(3) PROHIBITION OF UTILIZATION CONTROL

20 POLICIES OR PROCEDURES FOR MEDICATION-AS21 SISTED TREATMENT.—As a condition for a State re22 ceiving payments under section 1903(a) for medical 

23 assistance for medication-assisted treatment, a State 

24 may not impose any utilization control policies or 

25 procedures (as defined by the Secretary), including 


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1 prior authorization requirements, with respect to 

2 such treatment.’’. 

3 SEC. 206. MEDICATION-ASSISTED TREATMENT FOR RECOV4 ERY FROM SUBSTANCE USE DISORDER. 

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

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

7 (1) by striking paragraph (2); 

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

9 paragraph (2), practitioners who dispense narcotic 

10 drugs to individuals for maintenance treatment or 

11 detoxification treatment’’ and inserting ‘‘(g) Practi12 tioners who dispense narcotic drugs (other than nar13 cotic drugs in schedule III, IV, or V) to individuals 

14 for maintenance treatment or detoxification treat15 ment’’; 

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

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

18 and 

19 (4) in paragraph (2), as redesignated, by redes20 ignating clauses (i) and (ii) as subparagraphs (A) 

21 and (B), respectively. 

22 (b) TECHNICAL AND CONFORMING EDITS.— 

23 (1) IN GENERAL.— 

24 (A) Section 304 of the Controlled Sub25 stances Act (21 U.S.C. 824) is amended— 


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1 (i) in subsection (a), by striking 

2 ‘‘303(g)(1)’’ each place it appears and in3 serting ‘‘303(g)’’; and 

4 (ii) in subsection (d)(1), by striking 

5 ‘‘303(g)(1)’’ and inserting ‘‘303(g)’’. 

6 (B) Section 309A(a) of the Controlled 

7 Substances Act (21 U.S.C. 829a(a)) is amended 

8 by striking paragraph (2) and inserting the fol9 lowing: 

10 ‘‘(2) the controlled substance— 

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

12 or V to be administered for the purpose of 

13 maintenance or detoxification treatment; and 

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

15 implantation;’’. 

16 (C) Section 520E–4(c) of the Public 

17 Health Service Act (42 U.S.C. 290bb–36d(c)) is 

18 amended, in the matter preceding paragraph 

19 (1), by striking ‘‘information on any qualified 

20 practitioner that is certified to prescribe medi21 cation for opioid dependency under section 

22 303(g)(2)(B) of the Controlled Substances Act’’ 

23 and inserting ‘‘information on any practitioner 

24 who prescribes narcotic drugs in schedule III, 

25 IV, or V of section 202 of the Controlled SubVerDate Sep 11 2014 22:12 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 stances Act for the purpose of maintenance or 

2 detoxification treatment’’. 

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

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

5 striking ‘‘any practitioner dispensing narcotic 

6 drugs pursuant to section 303(g) of the Con7 trolled Substances Act’’ and inserting ‘‘any 

8 practitioner dispensing narcotic drugs for the 

9 purpose of maintenance or detoxification treat10 ment’’. 

11 (E) Section 1833 of the Social Security 

12 Act (42 U.S.C. 1395l) is amended by striking 

13 subsection (bb). 

14 (F) Section 1834(o) of the Social Security 

15 Act (42 U.S.C. 1395m(o)) is amended by strik16 ing paragraph (3). 

17 (G) Section 1866F(c)(3) of the Social Se18 curity Act (42 U.S.C. 1395cc–6(c)(3)) is 

19 amended— 

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

21 ‘‘and’’ at the end; 

22 (ii) in subparagraph (B), by striking 

23 ‘‘; and’’ and inserting a period; and 

24 (iii) by striking subparagraph (C). 


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1 (H) Section 1903(aa)(2)(C) of the Social 

2 Security Act (42 U.S.C. 1396b(aa)(2)(C)) is 

3 amended— 

4 (i) in clause (i), by inserting ‘‘and’’ at 

5 the end; 

6 (ii) by striking clause (ii); and 

7 (iii) by redesignating clause (iii) as 

8 clause (ii). 

9 (2) EFFECTIVE DATE OF MEDICARE AMEND10 MENTS.—The amendments made by subparagraphs 

11 (E) and (F) of paragraph (1) shall take effect one 

12 year after the date of enactment of this Act. 

13 SEC. 207. TELEHEALTH RESPONSE FOR E-PRESCRIBING AD14 DICTION THERAPY SERVICES. 

15 (a) FUNDING FOR THE TESTING OF INCENTIVE PAY16 MENTS FOR BEHAVIORAL HEALTH PROVIDERS FOR

17 ADOPTION AND USE OF CERTIFIED ELECTRONIC

18 HEALTH RECORD TECHNOLOGY.—In addition to amounts 

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

20 Social Security Act (42 U.S.C. 13951315a), there are au21 thorized to be appropriated to the Center for Medicare and 

22 Medicaid Innovation such sums as may be necessary for 

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

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


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1 Amounts appropriated under the preceding sentence shall 

2 remain available until expended. 

3 (b) TELEHEALTH FOR SUBSTANCE USE DISORDER

4 TREATMENT.— 

5 (1) SUBSTANCE USE DISORDER SERVICES FUR6 NISHED THROUGH TELEHEALTH UNDER MEDI7 CARE.—Section 1834(m)(7) of the Social Security 

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

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

10 services described in the preceding sentence that are 

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

12 preclude the furnishing of such services through 

13 audio or telephone only technologies in the case 

14 where a physician or practitioner has already con15 ducted an in-person medical evaluation or a tele16 health evaluation that utilizes both audio and visual 

17 capabilities with the eligible telehealth individual.’’. 

18 (2) CONTROLLED SUBSTANCES DISPENSED BY

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

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

21 is amended— 

22 (A) in subparagraph (A)(i)— 

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

24 medical evaluation’’ and inserting the fol25 lowing: ‘‘at least— 


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1 ‘‘(I) 1 in-person medical evalua2 tion’’; and 

3 (ii) by adding at the end the fol4 lowing: 

5 ‘‘(II) for purposes of prescribing 

6 a controlled substance in schedule III 

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

8 and 

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

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

11 means a medical evaluation that is conducted in 

12 accordance with applicable Federal and State 

13 laws by a practitioner (other than a phar14 macist) who is at a location remote from the 

15 patient and is communicating with the patient 

16 using a telecommunications system referred to 

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

18 (42 U.S.C. 1395m(m)) that includes, at a min19 imum, audio and video equipment permitting 

20 two-way, real-time interactive communication 

21 between the patient and distant site practi22 tioner. 

23 ‘‘(ii) Nothing in clause (i) shall be con24 strued to imply that 1 telehealth evaluation 

25 demonstrates that a prescription has been 


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1 issued for a legitimate medical purpose within 

2 the usual course of professional practice. 

3 ‘‘(iii) A practitioner who prescribes the 

4 drugs or combination of drugs that are covered 

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

6 under subparagraph (A)(i)(II) of this para7 graph shall adhere to nationally recognized evi8 dence-based guidelines for the treatment of pa9 tients with opioid use disorders and a diversion 

10 control plan, as those terms are defined in sec11 tion 8.2 of title 42, Code of Federal Regula12 tions, as in effect on the date of enactment of 

13 this subparagraph.’’. 

14 SEC. 208. PILOT PROGRAM ON EXPANDING ACCESS TO 

15 TREATMENT. 

16 The Secretary of Health and Human Services (re17 ferred to in this section as the ‘‘Secretary’’) shall establish 

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

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

20 underserved environments. At the end of the pilot pro21 gram, the Secretary shall report to Congress on the pro22 gram outcomes, including the number of people served and 

23 the demographics of people served, including race and in24 come. 


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1 SEC. 209. REAUTHORIZATION OF PRAC ED GRANT PRO2 GRAM. 

3 To carry out the Practitioner Education grant pro4 gram established by the Substance Abuse and Mental 

5 Health Services Administration, there is authorized to be 

6 appropriated such sums as may be necessary for each of 

7 fiscal years 2021 through 2026. 

8 SEC. 210. GAO STUDY ON PARITY. 

9 The Comptroller General of the United States shall 

10 conduct a study examining the reimbursement parity be11 tween substance use disorder services and other health 

12 care services, and the effect of any inequity in reimburse13 ment with respect to substance use disorder services on 

14 the substance use disorder workforce, and not later than 

15 December 31, 2023, submit a report to Congress on the 

16 findings of such study. 

17 SEC. 211. IMPROVING SUBSTANCE USE DISORDER PREVEN18 TION WORKFORCE ACT. 

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

20 Service Act (42 U.S.C. 290bb–21 et seq), as amended by 

21 section 105, is further amended by adding at the end the 

22 following: 


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1 ‘‘SEC. 519F. PILOT PROGRAM TO HELP ENHANCE SUB2 STANCE USE DISORDER PREVENTION WORK3 FORCE. 

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

5 Center (referred to in this section as the ‘Director’) shall 

6 develop a pilot program to assist State alcohol and drug 

7 agencies in addressing the substance use disorder preven8 tion workforce needs in the States. 

9 ‘‘(b) DEFINITIONS.—In this section, the term ‘State 

10 alcohol and drug agency’ means the State agency respon11 sible for administering the substance abuse prevention and 

12 treatment block grant under subpart II of part B of title 

13 XIX. 

14 ‘‘(c) APPLICATION.—A State alcohol and drug agency 

15 may apply to the Director for approval of a grant author16 ized in this section. Such application shall include a de17 scription of the proposed workforce activities that will be 

18 carried out using grant funds, which may include, with 

19 respect to substance use disorder prevention— 

20 ‘‘(1) enhancing or developing training curricula; 

21 ‘‘(2) supporting or coordinating with institutes 

22 of higher education regarding curricula development; 

23 ‘‘(3) partnering with elementary schools, middle 

24 schools, high schools or institutions of higher edu25 cation to generate early student interest in avoiding 

26 misuse of substances; 


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1 ‘‘(4) enhancing or establishing initiatives re2 lated to credentialing or other certification processes 

3 recognized by the State alcohol and drug agency, in4 cluding scholarships or support for certification costs 

5 and testing; 

6 ‘‘(5) establishing or enhancing initiatives that 

7 promote recruitment, professional development, and 

8 access to education and training that increase the 

9 State’s ability to address diversity, equity, and inclu10 sion in the workforce, including communication ini11 tiatives or campaigns designed to draw interest in a 

12 career in substance use disorder prevention; 

13 ‘‘(6) supporting loan repayment programs for 

14 individuals in the substance use disorder prevention 

15 workforce; 

16 ‘‘(7) establishing or enhancing internships, fel17 lowships and other career opportunities; and 

18 ‘‘(8) retention initiatives that may include 

19 training, leadership development or other edu20 cational opportunities. 

21 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To 

22 carry out this section, there are authorized to be appro23 priated such sums as may be necessary. 


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1 ‘‘SEC. 519G. NATIONAL STUDY ON SUBSTANCE USE DIS2 ORDER WORKFORCE. 

3 ‘‘(a) IN GENERAL.—The Director shall conduct a 

4 comprehensive national study regarding the substance use 

5 disorder prevention workforce. Such study shall include— 

6 ‘‘(1) an environmental assessment regarding the 

7 existing workforce, including demographics, salaries, 

8 settings, current or anticipated workforce shortages 

9 and other relevant information; 

10 ‘‘(2) challenges in maintaining support for an 

11 adequate substance use disorder prevention work12 force and a plan to address such challenges; and 

13 ‘‘(3) potential programming to help implement 

14 the plan. 

15 ‘‘(b) CONSULTATION.—The Director shall ensure the 

16 study under this section is developed in consultation with 

17 key substance use disorder prevention workforce stake18 holders, including organizations representing State alcohol 

19 and drug agencies, community anti-drug coalitions, work20 force credentialing bodies, researchers, and others. 

21 ‘‘(c) AUTHORIZATION OF APPROPRIATION.—To carry 

22 out this section, there are authorized to be appropriated 

23 such sums as may be necessary.’’. 


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1 TITLE III—RECOVERY 

2 Subtitle A—General Provisions 

3 SEC. 301. BUILDING COMMUNITIES OF RECOVERY. 

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

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

6 (1) by striking subsection (c); 

7 (2) by redesignating subsection (d) as sub8 section (c); 

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

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

11 the end; 

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

13 the period and inserting ‘‘; and’’; and 

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

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

16 (d).’’; 

17 (4) by inserting after subsection (c) (as so re18 designated), the following: 

19 ‘‘(d) ESTABLISHMENT OF REGIONAL TECHNICAL AS20 SISTANCE CENTERS.— 

21 ‘‘(1) IN GENERAL.—Grants awarded under sub22 section (b) may be used to provide for the establish23 ment of regional technical assistance centers to pro24 vide regional technical assistance for the following: 


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1 ‘‘(A) Implementation of regionally driven 

2 peer delivered substance use disorder recovery 

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

4 of substance use disorder treatment. 

5 ‘‘(B) Establishment of recovery community 

6 organizations. 

7 ‘‘(C) Establishment of recovery community 

8 centers. 

9 ‘‘(D) Naloxone training and dissemination. 

10 ‘‘(E) Development of connections between 

11 recovery support services, community organiza12 tions, and community centers and the broader 

13 medical community. 

14 ‘‘(F) Establishment of online recovery sup15 port services, with parity to physical health 

16 services. 

17 ‘‘(G) Development of recovery wellness 

18 plans to address perceived barriers to recovery, 

19 including social determinants of health. 

20 ‘‘(H) Collect and maintain accurate and 

21 reliable data to inform service delivery and 

22 monitor and evaluate the impact of culturally 

23 competent (as defined in section 102 of the De24 velopmental Disabilities Assistance and Bill of 


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1 Rights Act of 2000) services on health equity 

2 outcomes. 

3 ‘‘(I) Building capacity for recovery commu4 nity organizations to meet national accredita5 tion standards for the delivery of peer recover 

6 support services. 

7 ‘‘(J) Expanding or enhancing recovery 

8 support service programs. 

9 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re10 ceive a grant under paragraph (1), an entity shall 

11 be— 

12 ‘‘(A) a national nonprofit entity with a net13 work of local affiliates and partners that are 

14 geographically and organizationally diverse; or 

15 ‘‘(B) a national nonprofit organization led 

16 by individuals in personal and family recovery 

17 with established networks of recovery commu18 nity organizations providing peer recovery sup19 port services. 

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

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

22 organizations that— 

23 ‘‘(A) provide culturally competent (as de24 fined in section 102 of the Developmental Dis25 abilities Assistance and Bill of Rights Act of 


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1 2000) services, promote racial equity, and are 

2 responsive to diverse cultural health beliefs and 

3 practices, preferred languages, health literacy, 

4 and other communication needs; 

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

8 and Drug Administration (at least one of which 

9 is an opioid agonist); 

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

11 ‘‘(D) meet national best practice and ac12 creditation standards.’’; and 

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

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

15 years 2021 through 2026’’. 

16 (b) CONTINUING CARE AND COMMUNITY SUPPORT

17 TO MAINTAIN RECOVERY.— 

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

19 grants to peer recovery support services, for the pur20 poses of providing continuing care and ongoing com21 munity support for individuals to maintain recovery 

22 from substance use disorders. 

23 (2) DEFINITION.—For purposes of this sub24 section, the term ‘‘peer recovery support services’’ 

25 means an independent nonprofit organization that 


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1 provides peer recovery support services, through 

2 credentialed peer support professionals. 

3 (3) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated, for each of 

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

6 purposes of awarding grants under paragraph (1). 

7 SEC. 302. RECOVERY IN THE WORKPLACE. 

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

9 taking opioid antagonist, opioid agonist, or partial agonist 

10 drugs as part of a medication-assisted treatment program 

11 shall not be in violation of a drug-free workplace require12 ment. 

13 SEC. 303. NATIONAL YOUTH AND YOUNG ADULT RECOVERY 

14 INITIATIVE. 

15 (a) DEFINITIONS.—In this section: 

16 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti17 ty’’ means— 

18 (A) a high school that has been accredited 

19 as a substance use recovery high school or that 

20 is seeking to establish or expand substance use 

21 recovery support services; 

22 (B) an institution of higher education; 

23 (C) a recovery program at an institution of 

24 higher education; 

25 (D) a nonprofit organization; or 


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1 (E) a technical assistance center that can 

2 help grantees install recovery support service 

3 programs aimed at youth and young adults 

4 which include recovery coaching, job training, 

5 transportation, linkages to community-based 

6 services and supports, regularly scheduled alter7 native peer group activities, life-skills education, 

8 mentoring, and leadership development. 

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

10 has the meaning given the term in section 8101 of 

11 the Elementary and Secondary Education Act of 

12 1965 (20 U.S.C. 7801). 

13 (3) INSTITUTION OF HIGHER EDUCATION.—The 

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

15 meaning given the term in section 101 of the Higher 

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

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

18 program’’ means a program— 

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

20 recovering from substance use disorders to ini21 tiate, stabilize, and maintain healthy and pro22 ductive lives in the community; and 

23 (B) that includes peer-to-peer support de24 livered by individuals with lived experience in 


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1 recovery, and communal activities to build re2 covery skills and supportive social networks. 

3 (b) GRANTS AUTHORIZED.—The Assistant Secretary 

4 for Mental Health and Substance Use, in consultation 

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

6 a competitive basis, to eligible entities to enable the eligi7 ble entities to— 

8 (1) provide culturally competent (as defined in 

9 section 102 of the Developmental Disabilities Assist10 ance and Bill of Rights Act of 2000 (42 U.S.C. 

11 15002)) substance use recovery support services to 

12 youth and young adults enrolled in high school or an 

13 institution of higher education; 

14 (2) help build communities of support for youth 

15 and young adults in substance use recovery through 

16 a spectrum of activities such as counseling, job 

17 training, recovery coaching, alternative peer groups, 

18 life-skills workshops, family support groups, and 

19 health and wellness-oriented social activities; and 

20 (3) encourage initiatives designed to help youth 

21 and young adults achieve and sustain recovery from 

22 substance use disorders. 

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

24 under this section shall submit to the Assistant Secretary 

25 for Mental Health and Substance Use an application at 


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1 such time, in such manner, and containing such informa2 tion as the Assistant Secretary may require. 

3 (d) PREFERENCE.—In awarding grants under sub4 section (b), the Assistant Secretary for Mental Health and 

5 Substance Use shall give preference to eligible entities that 

6 propose to serve students from areas with schools serving 

7 a high percentage of children who are counted under sec8 tion 1124(c) of the Elementary and Secondary Education 

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

10 (e) USE OF FUNDS.—Grants awarded under sub11 section (b) may be used for activities to develop, support, 

12 or maintain substance use recovery support services for 

13 youth or young adults, including— 

14 (1) the development and maintenance of a dedi15 cated physical space for recovery programs; 

16 (2) hiring dedicated staff for the provision of 

17 recovery programs; 

18 (3) providing health and wellness-oriented social 

19 activities and community engagement; 

20 (4) the establishment of a substance use recov21 ery high school; 

22 (5) the coordination of a peer delivered sub23 stance use recovery program with— 

24 (A) substance use disorder treatment pro25 grams and systems that utilize culturally comVerDate Sep 11 2014 22:12 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 petent (as defined in section 102 of the Devel2 opmental Disabilities Assistance and Bill of 

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

4 that reflect the communities they serve; 

5 (B) providers of mental health services; 

6 (C) primary care providers; 

7 (D) the criminal justice system, including 

8 the juvenile justice system; 

9 (E) employers; 

10 (F) recovery housing services; 

11 (G) child welfare services; 

12 (H) high schools; and 

13 (I) institutions of higher education; 

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

15 programs or services delivered by individuals with 

16 lived experience in substance use disorder recovery; 

17 and 

18 (7) any additional activity that helps youth or 

19 young adults achieve recovery from substance use 

20 disorders. 

21 (f) RESOURCE CENTER.—The Assistant Secretary 

22 for Mental Health and Substance Use shall establish a re23 source center to provide technical support to recipients of 

24 grants under this section. 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

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

3 of fiscal years 2021 through 2026. 

4 Subtitle B—Recovery Housing 

5 SEC. 311. CLARIFYING THE ROLE OF SAMHSA IN PRO6 MOTING THE AVAILABILITY OF HIGH-QUAL7 ITY RECOVERY HOUSING. 

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

9 U.S.C. 290aa) is amended— 

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

11 the end; 

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

13 the end and inserting ‘‘; and’’; and 

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

15 ‘‘(26) collaborate with national accrediting enti16 ties and reputable providers and analysts of recovery 

17 housing services and all relevant Federal agencies, 

18 including the Centers for Medicare & Medicaid Serv19 ices, the Health Resources and Services Administra20 tion, other offices and agencies within the Depart21 ment of Health and Human Services, the Office of 

22 National Drug Control Policy, the Department of 

23 Justice, the Department of Housing and Urban De24 velopment, and the Department of Agriculture, to 

25 promote the availability of high-quality recovery 


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1 housing for individuals with a substance use dis2 order.’’. 

3 SEC. 312. DEVELOPING GUIDELINES FOR STATES TO PRO4 MOTE THE AVAILABILITY OF HIGH-QUALITY 

5 RECOVERY HOUSING. 

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

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

8 and Human Services, acting through the Assistant Sec9 retary for Mental Health and Substance Use, shall de10 velop, and publish on the internet website of the Substance 

11 Abuse and Mental Health Services Administration, con12 sensus-based guidelines and nationally recognized stand13 ards for States to promote the availability of high-quality 

14 recovery housing for individuals with a substance use dis15 order. Such guidelines shall— 

16 (1) be developed in consultation with national 

17 accrediting entities and reputable providers and ana18 lysts of recovery housing services and be consistent 

19 with the best practices developed under section 550 

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

21 5); and 

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

23 best practices and suggested guidelines developed 

24 previously by the Substance Abuse and Mental 

25 Health Services Administration. 


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1 (b) PUBLIC COMMENT PERIOD.—Before finalizing 

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

3 and Human Services shall provide for a public comment 

4 period. 

5 (c) EXCLUSION OF GUIDELINE ON TREATMENT

6 SERVICES.—In developing the guidelines under subsection 

7 (a), the Secretary may not include any guideline or stand8 ard with respect to substance use disorder treatment serv9 ices. 

10 (d) SUBSTANCE USE DISORDER TREATMENT SERV11 ICES.—In this section, the term ‘‘substance use disorder 

12 treatment services’’ means items or services furnished for 

13 the treatment of a substance use disorder, including— 

14 (1) medications approved by the Food and 

15 Drug Administration for use in such treatment, ex16 cluding each such medication used to prevent or 

17 treat a drug overdose; 

18 (2) the administering of such medications; 

19 (3) recommendations for such treatment; 

20 (4) clinical assessments and referrals; 

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

22 mental health professional (including individual and 

23 group therapy); and 

24 (6) toxicology testing. 


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

3 RECOVERY HOUSING. 

4 Section 550 of the Public Health Service Act (42 

5 U.S.C. 290ee–5) is amended— 

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

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

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

10 ‘‘(e) COORDINATION OF FEDERAL ACTIVITIES TO

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

13 USE DISORDER.— 

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

15 through the Assistant Secretary, and the Secretary 

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

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

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

21 ‘working group’) for the following purposes: 

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

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


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

2 and avoid duplication of such efforts by such 

3 agencies. 

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

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

6 and local efforts with respect to the operation 

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

9 this section. 

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

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

13 quality of recovery housing. 

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

15 Federal agencies described in this paragraph are the 

16 following: 

17 ‘‘(A) The Department of Health and 

18 Human Services. 

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

20 Services. 

21 ‘‘(C) The Substance Abuse and Mental 

22 Health Services Administration. 

23 ‘‘(D) The Health Resources and Services 

24 Administration. 

25 ‘‘(E) The Indian Health Service. 


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1 ‘‘(F) The Department of Housing and 

2 Urban Development. 

3 ‘‘(G) The Department of Agriculture. 

4 ‘‘(H) The Department of Justice. 

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

6 Policy. 

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

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

9 as the chair determines necessary and appro10 priate. 

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

12 meet on a quarterly basis. 

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

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

15 this section and annually thereafter, the working 

16 group shall submit to the Committee on Health, 

17 Education, Labor, and Pensions, the Committee on 

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

20 on Energy and Commerce, the Committee on Ways 

21 and Means, the Committee on Agriculture, and the 

22 Committee on Financial Services of the House of 

23 Representatives a report describing the work of the 

24 working group and any recommendations of the 


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1 working group to improve Federal, State, or local 

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

3 SEC. 314. NAS STUDY. 

4 Section 550 of the Public Health Service Act (42 

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

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

7 such section 313) the following: 

8 ‘‘(f) NAS STUDY AND REPORT.— 

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

10 through the Assistant Secretary, shall enter into an 

11 arrangement with the National Academy of Sciences 

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

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

15 of high-quality recovery housing and whether 

16 that availability meets the demand for such 

17 housing in the United States; and 

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

19 and oversight of recovery housing. 

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

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

23 date of the enactment of this subsection, a report 

24 that contains— 


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

2 paragraph; 

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

5 promote the availability of high-quality recovery 

6 housing in the United States; 

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

8 and local policies to improve data collection on 

9 the quality of recovery housing; 

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

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

15 opioid use disorder; and 

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

17 or formal legal actions on the State and local 

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

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

22 under this subsection, the National Academy of 

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

25 housing services.’’. 


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

4 Section 550 of the Public Health Service Act (42 

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

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

7 added by such section 314) the following: 

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

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

11 grants to States (and political subdivisions thereof), 

12 Tribes, and territories— 

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

18 developed under section 312 of the CARA 3.0 

19 Act of 2021 and this section; and 

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

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

24 ‘‘(2) ACCREDITING, STANDARDS, AND TECH25 NICAL ASSISTANCE GRANTS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 award grants to one or more national accred3 iting, standards, and technical assistance orga4 nizations with specific recovery housing exper5 tise— 

6 ‘‘(i) for development of technical as7 sistance and educational programs that are 

8 national or multi-State in scope, targeted 

9 to the needs of grantees under paragraph 

10 (1), and to statewide recovery housing ac11 creditation, standards and support organi12 zations; 

13 ‘‘(ii) for the development and mainte14 nance of a summary information resource 

15 describing State-level regulation, funding, 

16 recognition, support, and system expansion 

17 programs for recovery housing; 

18 ‘‘(iii) for the development and mainte19 nance of a consultant workforce dedicated 

20 to serving the needs of the Department of 

21 Health and Human Services and the De22 partment of Housing and Urban Develop23 ment, with respect to the programs under 

24 subtitle B of title III of the CARA 3.0 Act 


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1 of 2021 (including the amendments made 

2 by such subtitle); and 

3 ‘‘(iv) for development of training and 

4 educational resources for recovery housing 

5 providers and staff focusing on best prac6 tices for operating recovery housing in a 

7 manner consistent with best practices de8 veloped or identified through the programs 

9 under subtitle B of title III of the CARA 

10 3.0 Act of 2021 (including the amend11 ments made by such subtitle). 

12 ‘‘(B) ELIGIBLE ENTITIES.—To be eligible 

13 for a grant under this paragraph, an entity 

14 shall— 

15 ‘‘(i) be a nonprofit entity, or a consor16 tium of nonprofit entities; and 

17 ‘‘(ii) demonstrate— 

18 ‘‘(I) expertise in developing re19 covery housing standards, including 

20 widespread adoption of its standards; 

21 ‘‘(II) an existing network of na22 tional affiliate organizations respon23 sible for implementation of standards 

24 and accreditation of providers; and 


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1 ‘‘(III) the ability to manage rela2 tionships with Federal agencies, agen3 cies receiving grants under paragraph 

4 (1), statewide recovery housing ac5 crediting organizations, and national 

6 behavioral health and housing organi7 zations. 

8 ‘‘(3) STATE ENFORCEMENT PLANS.—Beginning 

9 not later than 90 days after the date of the enact10 ment of this paragraph and every 2 years thereafter, 

11 as a condition on the receipt of a grant under para12 graph (1), each State (or political subdivisions there13 of), Tribe, or territory receiving such a grant shall 

14 submit to the Secretary, and make publicly available 

15 on a publicly accessible internet website of the State 

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

17 the plan of the State (or political subdivisions there18 of), Tribe, or territory, with respect to the promotion 

19 of high-quality recovery housing for individuals with 

20 a substance use disorder located within the jurisdic21 tion of such State (or political subdivisions thereof), 

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

23 with the best practices developed under this section 

24 and guidelines developed under section 312 of the 

25 CARA 3.0 Act of 2021. 


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1 ‘‘(4) REVIEW OF ACCREDITING ENTITIES.—The 

2 Secretary shall periodically review the accrediting 

3 entities providing technical assistance pursuant to 

4 paragraph (1)(A).’’. 

5 SEC. 316. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 550 of the Public Health Service Act (42 

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

8 315, is further amended by amending subsection (j) (as 

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

10 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

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

12 there is authorized to be appropriated— 

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

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

15 2022 through 2026. 

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

17 fiscal years 2021 through 2026, of the amounts ap18 propriated under paragraph (1) for such fiscal year, 

19 the Secretary shall reserve— 

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

21 subsection (e); 

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

23 subsection (f); and 


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1 ‘‘(C) not less than $10,000,000 to award 

2 grants under paragraphs (1) and (2) of sub3 section (g).’’. 

4 SEC. 317. REPUTABLE PROVIDERS AND ANALYSTS OF RE5 COVERY HOUSING SERVICES DEFINITION. 

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

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

8 amended by adding at the end the following: 

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

10 of recovery housing services’ means recovery housing 

11 service providers and analysts that— 

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

13 ‘‘(B) act in accordance with guidelines 

14 issued by the Assistant Secretary for Mental 

15 Health and Substance Use; 

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

17 care fraud by the Department of Justice; and 

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

19 Federal, State, or local codes of conduct with 

20 respect to recovery housing for individuals with 

21 a substance use disorder.’’. 

22 SEC. 318. TECHNICAL CORRECTION. 

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

24 290aa et seq.) is amended— 


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1 (1) by redesignating section 550 (relating to 

2 Sobriety Treatment and Recovery Teams) (42 

3 U.S.C. 290ee–10), as added by section 8214 of Pub4 lic Law 115–271, as section 550A; and 

5 (2) moving such section so it appears after sec6 tion 550 (relating to National Recovery Housing 

7 Best Practices). 

8 TITLE IV—CRIMINAL JUSTICE 

9 SEC. 401. MEDICATION-ASSISTED TREATMENT CORREC10 TIONS AND COMMUNITY REENTRY PROGRAM. 

11 (a) DEFINITIONS.—In this section— 

12 (1) the term ‘‘Attorney General’’ means the At13 torney General, acting through the Director of the 

14 National Institute of Corrections; 

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

16 an individual— 

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

18 recovery from a substance use disorder; and 

19 (B) who— 

20 (i) has completed training through, 

21 and is determined to be in good standing 

22 by— 

23 (I) a single State agency; or 

24 (II) a recovery community orga25 nization that is capable of conducting 


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1 that training and making that deter2 mination; and 

3 (ii) meets the criteria specified by the 

4 Attorney General, in consultation with the 

5 Secretary of Health and Human Services, 

6 for qualifying as a certified recovery coach 

7 for the purposes of this Act; 

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

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

10 the Omnibus Crime Control and Safe Streets Act of 

11 1968 (34 U.S.C. 10251); 

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

13 agreement’’ means a grant received, or cooperative 

14 agreement entered into, under the Program; 

15 (5) the term ‘‘covered program’’ means a pro16 gram— 

17 (A) to provide medication-assisted treat18 ment to individuals who have opioid use dis19 order and are incarcerated within the jurisdic20 tion of the State or unit of local government 

21 carrying out the program; and 

22 (B) that is developed, implemented, or ex23 panded through a covered grant or cooperative 

24 agreement; 


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

2 means the use of any drug or combination of drugs 

3 that have been approved under the Federal Food, 

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

5 section 351 of the Public Health Service Act (42 

6 U.S.C. 262) for the treatment of an opioid use dis7 order, in combination with evidence-based counseling 

8 and behavioral therapies, such as psychosocial coun9 seling, overseen by 1 or more social work profes10 sionals and 1 or more qualified clinicians, to provide 

11 a comprehensive approach to the treatment of sub12 stance use disorders; 

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

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

15 the Internal Revenue Code of 1986 and is exempt 

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

17 (8) the term ‘‘Panel’’ means the medication-as18 sisted treatment Corrections and Community Re19 entry Application Review Panel established under 

20 subsection (f)(2); 

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

22 who participates in a covered program; 

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

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

25 United States Code; 


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1 (11) the term ‘‘Program’’ means the medica2 tion-assisted treatment Corrections and Community 

3 Reentry Program established under subsection (b); 

4 (12) the term ‘‘psychosocial’’ means the inter5 relation of social factors and individual thought and 

6 behavior; 

7 (13) the term ‘‘recovery community organiza8 tion’’ has the meaning given the term in section 547 

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

10 2); 

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

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

13 the single State agency identified by the State, or 

14 the State in which the unit of local government is 

15 located, in the plan submitted by that State under 

16 section 1932(b)(1)(A)(i) of the Public Health Serv17 ice Act (42 U.S.C. 300x–32(b)(1)(A)(i)); 

18 (15) the term ‘‘State’’ means— 

19 (A) each State of the United States; 

20 (B) the District of Columbia; and 

21 (C) each commonwealth, territory, or pos22 session of the United States; and 

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

24 the meaning given the term in section 901 of title 

25 I of the Omnibus Crime Control and Safe Streets 


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

2 term also includes a Tribal organization, as defined 

3 in section 4 of the Indian Self-Determination and 

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

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

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

7 in consultation with the Secretary of Health and Human 

8 Services, shall establish a program— 

9 (1) that shall be known as the ‘‘medication-as10 sisted treatment Corrections and Community Re11 entry Program’’; and 

12 (2) under which the Attorney General— 

13 (A) may make grants to, and enter into co14 operative agreements with, States or units of 

15 local government to develop, implement, or ex16 pand 1 or more programs to provide medica17 tion-assisted treatment that meets the standard 

18 of care generally accepted for the treatment of 

19 opioid use disorder to individuals who have 

20 opioid use disorder and are incarcerated within 

21 the jurisdictions of the States or units of local 

22 government; and 

23 (B) shall establish a working relationship 

24 with 1 or more knowledgeable corrections orga25 nizations with expertise in security, medical 


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1 health, mental health, and substance use dis2 order care to oversee and support implementa3 tion of the program, including through the use 

4 of evidence-based clinical practices. 

5 (c) USE OF FUNDS FOR INFRASTRUCTURE.—In de6 veloping, implementing, or expanding a medication-as7 sisted treatment program under subsection (b)(2)(A), a 

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

9 grant or cooperative agreement under that subsection to 

10 develop the infrastructure necessary to provide the medi11 cation-assisted treatment, such as— 

12 (1) establishing safe storage facilities for the 

13 drugs used in the treatment; and 

14 (2) obtaining appropriate licenses for the indi15 viduals who will administer the treatment. 

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

17 to— 

18 (1) develop culturally competent (as defined in 

19 section 102 of the Developmental Disabilities Assist20 ance and Bill of Rights Act of 2000 (42 U.S.C. 

21 15002)) medication-assisted treatment programs in 

22 consultation with nonprofit organizations and com23 munity organizations that are qualified to provide 

24 technical support for the programs; 


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1 (2) reduce the risk of overdose to participants 

2 after the participants are released from incarcer3 ation; and 

4 (3) reduce the rate of reincarceration. 

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

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

7 (1) shall ensure that each individual who is 

8 newly incarcerated at a correctional facility at which 

9 the covered program is carried out, and who was re10 ceiving medication-assisted treatment before being 

11 incarcerated, continues to receive medication-assisted 

12 treatment while incarcerated; 

13 (2) in providing medication-assisted treatment 

14 under the covered program, shall offer to partici15 pants each type of drug that has been approved 

16 under the Federal Food, Drug, and Cosmetic Act 

17 (21 U.S.C. 301 et seq.) or section 351 of the Public 

18 Health Service Act (42 U.S.C. 262) for the treat19 ment of an opioid use disorder; and 

20 (3) shall use— 

21 (A) screening tools with psychometric reli22 ability and validity that provide useful clinical 

23 data to guide the long-term treatment of par24 ticipants who have— 

25 (i) opioid use disorder; or 


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1 (ii) co-occurring opioid use disorder 

2 and mental disorders; 

3 (B) at each correctional facility at which 

4 the covered program is carried out, a sufficient 

5 number of personnel, as determined by the At6 torney General in light of the number of indi7 viduals incarcerated at the correctional facility 

8 and the number of those individuals whom the 

9 correctional facility has screened and identified 

10 as having opioid use disorder, to— 

11 (i) monitor participants with active 

12 opioid use disorder who begin participation 

13 in the covered program while dem14 onstrating, or develop, signs and symptoms 

15 of opioid withdrawal; 

16 (ii) provide evidence-based medically 

17 managed withdrawal care or assistance to 

18 the participants described in clause (i); 

19 (iii) prescribe or otherwise dispense— 

20 (I) the drugs that are offered 

21 under the covered program, as re22 quired under paragraph (1); and 

23 (II) naloxone or any other emer24 gency opioid antagonist approved by 


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1 the Commissioner of Food and Drugs 

2 to treat opioid overdose; 

3 (iv) discuss with participants the risks 

4 and benefits of, and differences among, the 

5 opioid antagonist, opioid agonist, and par6 tial agonist drugs used to treat opioid use 

7 disorder; and 

8 (v) prepare a plan for release, includ9 ing connecting participants with mental 

10 health and substance use treatment pro11 grams, medical care, public benefits, and 

12 housing; and 

13 (C) a certified recovery coach, social work 

14 professional, or other qualified clinician who, in 

15 order to support the sustained recovery of par16 ticipants, shall work with participants who are 

17 recovering from opioid use disorder. 

18 (f) APPLICATION.— 

19 (1) IN GENERAL.—A State or unit of local gov20 ernment desiring a covered grant or cooperative 

21 agreement shall submit to the Attorney General an 

22 application that— 

23 (A) shall include— 

24 (i) a description of— 


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1 (I) the objectives of the medica2 tion-assisted treatment program that 

3 the applicant will develop, implement, 

4 or expand under the covered grant or 

5 cooperative agreement; 

6 (II) the activities that the appli7 cant will carry out under the covered 

8 program; 

9 (III) how the activities described 

10 under subclause (II) will achieve the 

11 objectives described in subclause (I); 

12 (IV) the outreach and education 

13 component of the covered program 

14 that the applicant will carry out in 

15 order to encourage maximum partici16 pation in the covered program; and 

17 (V) how the applicant will de18 velop connections to culturally com19 petent (as defined in section 102 of 

20 the Developmental Disabilities Assist21 ance and Bill of Rights Act of 2000 

22 (42 U.S.C. 15002)) substance use and 

23 mental health treatment providers, 

24 medical professionals, nonprofit orga25 nizations, and other State agencies in 


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1 order to plan for participants to re2 ceive a continuum of care and appro3 priate wrap-around services after re4 lease from incarceration; 

5 (ii) if, under the covered program that 

6 the applicant will carry out, the applicant 

7 will not, in providing medication-assisted 

8 treatment, offer to participants not less 

9 than 1 drug that uses an opioid antago10 nist, not less than 1 drug that uses an 

11 opioid agonist, and not less than 1 drug 

12 that uses an opioid partial agonist, an ex13 planation of why the applicant is unable to 

14 or chooses not to offer a drug that uses an 

15 opioid antagonist, a drug that uses an 

16 opioid agonist, or a drug that uses an 

17 opioid partial agonist, as applicable; 

18 (iii) a plan for— 

19 (I) measuring progress in achiev20 ing the objectives described in clause 

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

22 data that can be used to measure that 

23 progress; 

24 (II) collaborating with the single 

25 State agency for the applicant or 1 or 


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1 more nonprofit organizations in the 

2 community of the applicant to help 

3 ensure that— 

4 (aa) if participants so desire, 

5 participants have continuity of 

6 care after release from incarcer7 ation with respect to the form of 

8 medication-assisted treatment the 

9 participants received during in10 carceration, including— 

11 (AA) by working with 

12 community service providers 

13 to assist eligible partici14 pants, before release from 

15 incarceration in registering 

16 for the Medicaid program 

17 under title XIX of the Social 

18 Security Act (42 U.S.C. 

19 1396 et seq.) or other min20 imum essential coverage, as 

21 defined in section 5000A(f) 

22 of the Internal Revenue 

23 Code of 1986; and 

24 (BB) if a participant 

25 cannot afford, or does not 


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1 qualify for, health insurance 

2 that provides coverage with 

3 respect to enrollment in a 

4 medication-assisted treat5 ment program, and if the 

6 participant cannot pay the 

7 cost of enrolling in a medi8 cation-assisted treatment 

9 program, by working with 

10 units of local government, 

11 nonprofit organizations, 

12 opioid use disorder treat13 ment providers, and entities 

14 carrying out programs under 

15 substance use disorder 

16 grants to, before the partici17 pant is released from incar18 ceration, identify a resource, 

19 other than the applicant or 

20 the covered program to be 

21 carried out by the applicant, 

22 that may be used to pay the 

23 cost of enrolling the partici24 pant in a medication-as25 sisted treatment program; 


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1 (bb) medications are se2 curely stored; and 

3 (cc) protocols relating to di4 version are maintained; and 

5 (III) with respect to each com6 munity in which a correctional facility 

7 at which a covered program will be 

8 carried out is located, collaborating 

9 with State agencies responsible for 

10 overseeing programs relating to sub11 stance use disorder and local public 

12 health officials and nonprofit organi13 zations in the community to help en14 sure that medication-assisted treat15 ment provided at each correctional fa16 cility at which the covered program 

17 will be carried out is also available at 

18 locations that are not correctional fa19 cilities in those communities, to the 

20 greatest extent practicable; and 

21 (iv) a certification that— 

22 (I) each correctional facility at 

23 which the covered program will be 

24 carried out has access to a sufficient 

25 number of clinicians who are licensed 


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1 to prescribe or otherwise dispense to 

2 participants the drugs for the treat3 ment of opioid use disorder required 

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

5 which may include clinicians who use 

6 telemedicine, in accordance with regu7 lations issued by the Administrator of 

8 the Drug Enforcement Administra9 tion, to provide services under the cov10 ered program; and 

11 (II) the covered program will 

12 provide culturally competent (as de13 fined in section 102 of the Develop14 mental Disabilities Assistance and Bill 

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

16 15002)) evidence-based counseling 

17 and behavioral therapies, which may 

18 include counseling and therapy admin19 istered through the use of telemedi20 cine, as appropriate, to participants as 

21 part of the medication-assisted treat22 ment provided under the covered pro23 gram; and 


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1 (B) may include a statement indicating the 

2 number of participants that the applicant ex3 pects to serve through the covered program. 

4 (2) MEDICATION-ASSISTED TREATMENT COR5 RECTIONS AND COMMUNITY REENTRY APPLICATION

6 REVIEW PANEL.— 

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

8 after the date of enactment of this Act, the At9 torney General shall establish a Medication-As10 sisted Treatment Corrections and Community 

11 Reentry Application Review Panel that shall— 

12 (i) be composed of not fewer than 10 

13 individuals and not more than 15 individ14 uals; and 

15 (ii) include— 

16 (I) 1 or more employees, who are 

17 not political appointees, of— 

18 (aa) the Department of Jus19 tice; 

20 (bb) the Substance Abuse 

21 and Mental Health Service Ad22 ministration; 

23 (cc) the National Center for 

24 Injury Prevention and Control at 


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1 the Centers for Disease Control 

2 and Prevention; and 

3 (dd) the Office of National 

4 Drug Control Policy; and 

5 (II) other stakeholders who— 

6 (aa) have expert knowledge 

7 relating to the opioid epidemic, 

8 drug treatment, health equity, 

9 culturally competent (as defined 

10 in section 102 of the Develop11 mental Disabilities Assistance 

12 and Bill of Rights Act of 2000 

13 (42 U.S.C. 15002)) care, or com14 munity substance use disorder 

15 services; and 

16 (bb) represent law enforce17 ment organizations and public 

18 health entities. 

19 (B) DUTIES.— 

20 (i) IN GENERAL.—The Panel shall— 

21 (I) review and evaluate applica22 tions for covered grants and coopera23 tive agreements; and 

24 (II) make recommendations to 

25 the Attorney General relating to the 


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1 awarding of covered grants and coop2 erative agreements. 

3 (ii) RURAL COMMUNITIES.—In review4 ing and evaluating applications under 

5 clause (i), the Panel shall take into consid6 eration the unique circumstances, including 

7 the lack of resources relating to the treat8 ment of opioid use disorder, faced by rural 

9 States and units of local government. 

10 (C) TERMINATION.—The Panel shall ter11 minate on the last day of fiscal year 2023. 

12 (3) PUBLICATION OF CRITERIA IN FEDERAL

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

14 enactment of this Act, the Attorney General, in con15 sultation with the Panel, shall publish in the Federal 

16 Register— 

17 (A) the process through which applications 

18 submitted under paragraph (1) shall be sub19 mitted and evaluated; and 

20 (B) the criteria used in awarding covered 

21 grants and cooperative agreements. 

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

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

24 except that the Attorney General may extend the term of 

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1 come data or extenuating circumstances relating to the 

2 covered program carried out under the covered grant or 

3 cooperative agreement. 

4 (h) REPORT.— 

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

6 the date on which a State or unit of local govern7 ment is awarded a covered grant or cooperative 

8 agreement, and each year thereafter until the date 

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

10 the covered grant or cooperative agreement ends, the 

11 State or unit of local government shall submit a re12 port to the Attorney General that includes informa13 tion relating to the covered program carried out by 

14 the State or unit of local government, including in15 formation relating to— 

16 (A) the goals of the covered program; 

17 (B) any evidence-based interventions car18 ried out under the covered program; 

19 (C) outcomes of the covered program, 

20 which shall— 

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

24 in the covered program— 


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1 (I) the race of the participants; 

2 and 

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

5 (ii) include information relating to the 

6 rate of reincarceration among participants 

7 in the covered program, if available; and 

8 (D) expenditures under the covered pro9 gram. 

10 (2) PUBLICATION.— 

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

12 government that submits a report under para13 graph (1) shall make the report publicly avail14 able on— 

15 (i) the website of each correctional fa16 cility at which the State or unit of local 

17 government carried out the covered grant 

18 program; and 

19 (ii) if a correctional facility at which 

20 the State or unit of local government car21 ried out the covered grant program does 

22 not operate a website, the website of the 

23 State or unit of local government. 

24 (B) ATTORNEY GENERAL.—The Attorney 

25 General shall make each report received under 


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1 paragraph (1) publicly available on the website 

2 of the National Institute of Corrections. 

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

4 2 years after the date on which the Attorney Gen5 eral awards the first covered grant or cooperative 

6 agreement, and each year thereafter, the Attorney 

7 General shall submit to the Committee on the Judi8 ciary of the Senate and the Committee on the Judi9 ciary of the House of Representatives a summary 

10 and compilation of the reports that the Attorney 

11 General has received under paragraph (1) during the 

12 year preceding the date on which the Attorney Gen13 eral submits the summary and compilation. 

14 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

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

16 out this section for each of fiscal years 2021 through 

17 2026. 

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

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

20 (1) Law enforcement officers and other first re21 sponders are at the front line of the opioid epidemic. 

22 However, a traditional law enforcement response to 

23 substance use often fails to disrupt the cycle of ad24 diction and arrest, or reduce the risk of overdose. 


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1 (2) Law enforcement-assisted deflection and di2 version programs have the potential to improve pub3 lic health, decrease the number of people entering 

4 the criminal justice system for low-level offenses, 

5 and address racial disparities. 

6 (3) According to the Bureau of Justice Assist7 ance of the Department of Justice, ‘‘Five pathways 

8 have been most commonly associated with opioid 

9 overdose prevention and diversion to treatment.’’ 

10 The 5 pathways are— 

11 (A) ‘‘self-referral’’, in which— 

12 (i) an individual voluntarily initiates 

13 contact with a first responder, such as a 

14 law enforcement officer, firefighter, or 

15 emergency medical services professional, 

16 for a treatment referral (without fear of 

17 arrest); and 

18 (ii) the first responder personally in19 troduces the individual to a treatment pro20 vider (commonly known as a ‘‘warm hand21 off’’); 

22 (B) ‘‘active outreach’’, in which a law en23 forcement officer or other first responder— 


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1 (i) identifies or seeks out individuals 

2 in need of substance use disorder treat3 ment; and 

4 (ii) makes a warm handoff of such an 

5 individual to a treatment provider, who en6 gages the individual in treatment; 

7 (C) ‘‘naloxone plus’’, in which a law en8 forcement officer or other first responder en9 gages an individual in treatment as a follow-up 

10 to an overdose response; 

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

12 a law enforcement officer or other first re13 sponder initiates treatment engagement with an 

14 individual, but no criminal charges are filed 

15 against the individual; and 

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

17 which— 

18 (i) a law enforcement officer or other 

19 first responder initiates treatment engage20 ment with an individual; and 

21 (ii)(I) criminal charges are filed 

22 against the individual and held in abey23 ance; or 

24 (II) a citation is issued to the indi25 vidual. 


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

2 there are no national best practices or guidelines for 

3 law enforcement-assisted deflection and diversion 

4 programs. 

5 (b) USE OF BYRNE JAG FUNDS FOR DEFLECTION

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

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

8 U.S.C. 10152) is amended— 

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

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

11 enforcement-assisted deflection programs and law 

12 enforcement-assisted pre-arrest and pre-booking di13 version programs (as those terms are defined in sub14 section (h))’’; and 

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

16 ‘‘(h) LAW ENFORCEMENT-ASSISTED DEFLECTION

17 PROGRAMS AND LAW ENFORCEMENT-ASSISTED PRE-AR18 REST AND PRE-BOOKING DIVERSION PROGRAMS.— 

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

20 ‘‘(A) COVERED GRANT.—The term ‘cov21 ered grant’ means a grant for a deflection or di22 version program awarded under subsection 

23 (a)(1)(E). 

24 ‘‘(B) DEFLECTION OR DIVERSION PRO25 GRAM.—The term ‘deflection or diversion proVerDate Sep 11 2014 02:51 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 gram’ means a law enforcement-assisted deflec2 tion program or a law enforcement-assisted pre3 arrest or pre-booking diversion, including a pro4 gram under which— 

5 ‘‘(i) an individual voluntarily initiates 

6 contact with a first responder for a sub7 stance use disorder or mental health treat8 ment referral without fear of arrest and re9 ceives a warm handoff to such treatment; 

10 ‘‘(ii) a law enforcement officer or 

11 other first responder identifies or seeks out 

12 individuals in need of substance use dis13 order or mental health treatment and a 

14 warm handoff is made to a treatment pro15 vider, who engages the individuals in treat16 ment; 

17 ‘‘(iii) a law enforcement officer or 

18 other first responder engages an individual 

19 in substance use disorder treatment as 

20 part of an overdose response; 

21 ‘‘(iv) a law enforcement officer or 

22 other first responder initiates substance 

23 use disorder or mental health treatment 

24 engagement, but no criminal charges are 

25 filed; 


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1 ‘‘(v) a law enforcement officer or 

2 other first responder initiates substance 

3 use disorder or mental health treatment 

4 engagement with an individual; or 

5 ‘‘(vi) charges are filed against an indi6 vidual who has committed an offense that 

7 is not a crime against a person, and the 

8 primary cause of which appears to be 

9 based on a substance use disorder or men10 tal health disorder and held in abeyance or 

11 a citation is issued to such an individual. 

12 ‘‘(C) LAW ENFORCEMENT-ASSISTED DE13 FLECTION PROGRAM.—The term ‘law enforce14 ment-assisted deflection program’ means a pro15 gram under which a law enforcement officer, 

16 when encountering an individual who is not en17 gaged in criminal activity but appears to have 

18 a substance use disorder or mental health dis19 order, instead of taking no action at the time 

20 of contact or taking action at a later time, at21 tempts to connect the individual to substance 

22 use disorder treatment providers or mental 

23 health treatment providers— 

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

25 fear of arrest; and 


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1 ‘‘(ii) using established pathways for 

2 connections to local, community-based 

3 treatment. 

4 ‘‘(D) LAW ENFORCEMENT-ASSISTED PRE5 ARREST OR PRE-BOOKING DIVERSION PRO6 GRAM.—The term ‘law enforcement-assisted 

7 pre-arrest or pre-booking diversion program’ 

8 means a program— 

9 ‘‘(i) under which a law enforcement 

10 officer, when encountering an individual 

11 who has committed an offense that is not 

12 a crime against a person, and the primary 

13 cause of which appears to be based on a 

14 substance use disorder or the mental 

15 health disorder of the individual, instead of 

16 arresting the individual, or instead of 

17 booking the individual after having ar18 rested the individual, attempts to connect 

19 the individual to substance use disorder 

20 treatment providers or mental health treat21 ment providers— 

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

23 and 


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1 ‘‘(II) using established pathways 

2 for connections to local, community3 based treatment; 

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

6 described in clause (i) may decide to— 

7 ‘‘(I) issue a civil citation; or 

8 ‘‘(II) take no action with respect 

9 to the offense for which the officer 

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

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

14 substance use disorder treatment providers 

15 or mental health treatment providers if the 

16 individual appears to have a substance use 

17 disorder or mental health disorder and the 

18 officer suspects the individual of chronic 

19 violations of law but lacks probable cause 

20 to arrest the individual (commonly known 

21 as a ‘social contact referral’). 

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

24 Congress that a deflection or diversion program 

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1 viduals who are chronically exposed to the criminal 

2 justice system. 

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

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

5 or unit of local government is awarded a covered 

6 grant, and each year thereafter until the date that 

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

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

10 that includes information relating to the deflection 

11 or diversion program carried out by the State or 

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

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

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

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

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

24 in the deflection or diversion program— 


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

2 and 

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

5 ‘‘(ii) include information relating to 

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

9 ‘‘(D) expenditures under the deflection or 

10 diversion program.’’. 

11 (c) TECHNICAL ASSISTANCE GRANT PROGRAM.— 

12 (1) DEFINITIONS.—In this subsection— 

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

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

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

20 government’’ have the meanings given those 

21 terms in section 901 of title I of the Omnibus 

22 Crime Control and Safe Streets Act of 1968 

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

24 (2) GRANT AUTHORIZED.—The Attorney Gen25 eral shall award a single grant to an entity with sigVerDate Sep 11 2014 22:12 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 nificant experience in working with law enforcement 

2 agencies, community-based treatment providers, and 

3 other community-based human service providers to 

4 develop or administer both deflection and diversion 

5 programs that use each of the 5 pathways described 

6 in subsection (a)(3), to promote and maximize the 

7 effectiveness and racial equity of deflection or diver8 sion programs, in order to— 

9 (A) help State and units of local govern10 ment launch and expand deflection or diversion 

11 programs; 

12 (B) develop best practices for deflection or 

13 diversion teams, which shall include— 

14 (i) recommendations on community 

15 input and engagement in order to imple16 ment deflection or diversion programs as 

17 rapidly as possible and with regard to the 

18 particular needs of a community, including 

19 regular community meetings and other 

20 mechanisms for engagement with— 

21 (I) law enforcement agencies; 

22 (II) community-based treatment 

23 providers and other community-based 

24 human service providers; 


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1 (III) the recovery community; 

2 and 

3 (IV) the community at-large; and 

4 (ii) the implementation of metrics to 

5 measure community satisfaction con6 cerning the meaningful participation and 

7 interaction of the community with the de8 flection or diversion program and program 

9 stakeholders; 

10 (C) develop and publish a training and 

11 technical assistance tool kit for deflection or di12 version for public education purposes; 

13 (D) disseminate uniform criteria and 

14 standards for the delivery of deflection or diver15 sion program services; and 

16 (E) develop outcome measures that can be 

17 used to continuously inform and improve social, 

18 clinical, financial and racial equity outcomes. 

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

20 under paragraph (2) shall be 5 years. 

21 (4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to the At23 torney General $30,000,000 for the grant under 

24 paragraph (2). 


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1 SEC. 403. HOUSING. 

2 (a) IN GENERAL.—Section 576 of the Quality Hous3 ing and Work Responsibility Act of 1998 (42 U.S.C. 

4 13661) is amended by striking subsections (a), (b), and 

5 (c) and inserting the following: 

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

7 ALCOHOL ABUSERS.—Notwithstanding any other provi8 sion of law, a public housing agency or an owner of feder9 ally assisted housing, as determined by the Secretary, may 

10 only prohibit admission to the program or admission to 

11 federally assisted housing for an individual whom the pub12 lic housing agency or owner determines is illegally using 

13 a controlled substance or abusing alcohol if— 

14 ‘‘(1) the agency or owner determines that the 

15 individual is using the controlled substance or abus16 ing alcohol in a manner that interferes with the 

17 health or safety of other residents; and 

18 ‘‘(2) the individual is not participating in a sub19 stance use disorder assessment and treatment. 

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

21 OFFENDERS.— 

22 ‘‘(1) IN GENERAL.—Except as provided in sub23 section (a), in addition to any other authority to 

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

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

26 owner of federally assisted housing may only proVerDate Sep 11 2014 02:51 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 hibit admission to the program or to federally as2 sisted housing for an individual based on criminal 

3 activity of the individual if the public housing agency 

4 or owner determines that the individual, during a 

5 reasonable time preceding the date on which the in6 dividual would otherwise be selected for admission, 

7 was convicted of a crime involving conduct that 

8 threatens the health or safety of other residents. 

9 ‘‘(2) EXCEPTIONS AND LIMITATIONS.—A con10 viction that has been vacated, a conviction the 

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

12 conviction for a crime committed by an individual 

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

14 shall not be grounds for denial of admission under 

15 paragraph (1). 

16 ‘‘(3) ADMISSION POLICY.— 

17 ‘‘(A) FACTORS TO CONSIDER.—In evalu18 ating the criminal history of an individual 

19 under paragraph (1), a public housing agency 

20 or an owner of federally assisted housing shall 

21 consider— 

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

23 individual was convicted bears a relation24 ship to the safety and security of other 

25 residents; 


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

2 offense of which the individual was con3 victed; 

4 ‘‘(iii) the length of time since a con5 viction; 

6 ‘‘(iv) the number of convictions; 

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

8 a substance use disorder, whether the indi9 vidual was under the influence of alcohol 

10 or illegal drugs at the time of an offense; 

11 and 

12 ‘‘(vi) any rehabilitation efforts that 

13 the individual has undertaken since the 

14 time of a conviction, including completion 

15 of a substance use treatment program. 

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

17 agency or an owner of federally assisted hous18 ing shall establish and make available to appli19 cants a written admission policy that enumer20 ates the specific factors, including the factors 

21 described in subparagraph (A), that will be con22 sidered when the public housing agency or 

23 owner evaluates the criminal history of an indi24 vidual under paragraph (1).’’. 


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1 (b) UPDATING REGULATIONS.—The Secretary of 

2 Housing and Urban Development shall amend subpart I 

3 of part 5 of title 24, Code of Federal Regulations, as nec4 essary to implement the amendment made by subsection 

5 (a) of this section. 

6 SEC. 404. VETERANS TREATMENT COURTS. 

7 Section 2991 of title I of the Omnibus Crime Control 

8 and Safe Streets Act of 1968 (34 U.S.C. 10651) is amend9 ed— 

10 (1) in subsection (a)— 

11 (A) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A)— 

14 (I) by inserting ‘‘, substance use 

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

16 (II) by inserting ‘‘or adults or ju17 veniles with substance use disorders’’ 

18 after ‘‘mentally ill adults or juve19 niles’’; 

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

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

22 and 

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

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

25 (B) in paragraph (4)— 


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

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

3 health’’; and 

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

5 ‘‘or offenders with substance use dis6 orders’’ after ‘‘mentally ill offenders’’; 

7 (C) in paragraph (5)— 

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

9 SUBSTANCE USE DISORDER’’ after ‘‘MEN10 TAL HEALTH’’; 

11 (ii) by striking ‘‘mental health agen12 cy’’ and inserting ‘‘mental health or sub13 stance use agency’’; and 

14 (iii) by inserting ‘‘, substance use 

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

16 (D) in paragraph (9)— 

17 (i) in subparagraph (A)— 

18 (I) in clause (i)— 

19 (aa) in subclause (I), by in20 serting ‘‘, a substance use dis21 order,’’ after ‘‘a mental illness’’; 

22 and 

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1 order,’’ after ‘‘mental illness’’; 

2 and 

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

4 ‘‘or substance use’’ after ‘‘mental 

5 health’’; 

6 (E) by redesignating paragraph (11) as 

7 paragraph (12); and 

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

9 following: 

10 ‘‘(11) SUBSTANCE USE COURT.—The term ‘sub11 stance use court’ means a judicial program that 

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

13 (2) in subsection (b)— 

14 (A) in paragraph (2)— 

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

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

17 health courts’’; 

18 (ii) in subparagraph (B)— 

19 (I) by inserting ‘‘mental health 

20 disorders, substance use disorders, or’’ 

21 before ‘‘co-occurring mental illness 

22 and substance use problems’’; and 

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

24 inserting ‘‘disorders, illnesses, or 

25 problems’’; 


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1 (iii) in subparagraph (C)— 

2 (I) in the matter preceding clause 

3 (i)— 

4 (aa) by striking ‘‘mental 

5 health agencies’’ and inserting 

6 ‘‘mental health or substance use 

7 agencies’’; and 

8 (bb) by striking ‘‘and, where 

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

10 and 

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

12 substance use disorders,’’ after ‘‘men13 tal illness’’; and 

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

15 ‘‘or offender with a substance use dis16 order’’ after ‘‘mentally ill offender’’; and 

17 (B) in paragraph (5)— 

18 (i) in subparagraph (B)— 

19 (I) in clause (i)— 

20 (aa) by inserting ‘‘or sub21 stance use court’’ after ‘‘mental 

22 health court’’; and 

23 (bb) by striking ‘‘mental 

24 health agency’’ and inserting 


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1 ‘‘mental health or substance use 

2 agency’’; and 

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

4 ‘‘and substance use services for indi5 viduals with co-occurring mental 

6 health and substance use disorders’’ 

7 and inserting ‘‘or substance use serv8 ices’’; 

9 (ii) in subparagraph (C)— 

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

11 ‘‘, substance use disorders,’’ after 

12 ‘‘mental illness’’; 

13 (II) in clause (ii)— 

14 (aa) in subclause (II), by in15 serting ‘‘, substance use,’’ after 

16 ‘‘mental health,’’; 

17 (bb) in subclause (V), by 

18 striking ‘‘mental health services’’ 

19 and inserting ‘‘mental health or 

20 substance use services’’; and 

21 (cc) in subclause (VI), by in22 serting ‘‘or individuals with sub23 stance use disorders’’ after ‘‘men24 tally ill individuals’’; 


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

2 ‘‘or offenders with substance use dis3 orders’’ after ‘‘mentally ill offenders’’; 

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

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

6 illness’’; 

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

8 ‘‘and mental health’’ and inserting ‘‘, men9 tal health, and substance use’’; and 

10 (vi) in subparagraph (I)— 

11 (I) in clause (i)— 

12 (aa) in the heading, by in13 serting ‘‘, SUBSTANCE USE

14 COURTS,’’ after ‘‘MENTAL

15 HEALTH COURTS’’; 

16 (bb) by inserting ‘‘or sub17 stance use courts’’ after ‘‘mental 

18 health courts’’; and 

19 (cc) by inserting ‘‘or part 

20 EE, as applicable,’’ after ‘‘part 

21 V’’; and 

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

23 ‘‘or substance use’’ after ‘‘mental 

24 health’’; 

25 (3) in subsection (c)— 


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1 (A) in paragraph (1), by inserting ‘‘, of2 fenders with substance use disorders,’’ after 

3 ‘‘mentally ill offenders’’; 

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

5 offenders with substance use disorders’’ after 

6 ‘‘mentally ill offenders’’; and 

7 (C) in paragraph (3), by inserting ‘‘or sub8 stance use courts’’ after ‘‘mental health 

9 courts’’; 

10 (4) in subsection (e)— 

11 (A) in paragraph (1), by inserting ‘‘or sub12 stance use disorders’’ after ‘‘mental illness’’; 

13 and 

14 (B) in paragraph (4), by inserting ‘‘or sub15 stance use disorders’’ after ‘‘mental illness’’; 

16 (5) in subsection (h)— 

17 (A) in the heading, by inserting ‘‘AND OF18 FENDERS WITH SUBSTANCE USE DISORDERS’’ 

19 after ‘‘MENTALLY ILL OFFENDERS’’; 

20 (B) in paragraph (1)— 

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

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

23 illnesses’’; 


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

2 ‘‘or offenders with substance use dis3 orders’’ after ‘‘mentally ill offenders’’; 

4 (iii) in subparagraph (D)— 

5 (I) by inserting ‘‘or substance 

6 use’’ after ‘‘mental health’’; and 

7 (II) by inserting ‘‘or offenders 

8 with substance use disorders’’ after 

9 ‘‘mentally ill offenders’’; 

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

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

12 illnesses’’; and 

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

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

15 health disorders’’; and 

16 (C) in paragraph (2), by inserting ‘‘or sub17 stance use disorders’’ after ‘‘mental illnesses’’; 

18 (6) in subsection (i)(2)— 

19 (A) in subparagraph (B)— 

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

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

22 and adjusting the margins accordingly; 

23 (ii) in the matter preceding subclause 

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

25 give priority to applications that—’’ and 


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1 inserting the following: ‘‘shall give priority 

2 to— 

3 ‘‘(i) applications that—’’; and 

4 (iii) by striking the period at the end 

5 and inserting the following: ‘‘; and 

6 ‘‘(ii) applications to establish or ex7 pand veterans treatment court programs 

8 that— 

9 ‘‘(I) allow participation by a vet10 eran receiving any type of medication11 assisted treatment that involves the 

12 use of any drug or combination of 

13 drugs that have been approved under 

14 the Federal Food, Drug, and Cos15 metic Act (21 U.S.C. 301 et seq.) or 

16 section 351 of the Public Health Serv17 ice Act (42 U.S.C. 262) for the treat18 ment of an opioid use disorder; 

19 ‘‘(II) follow the Adult Drug 

20 Court Best Practice Standards pub21 lished by the National Association of 

22 Drug Court Professionals; and 

23 ‘‘(III) provide culturally com24 petent (as defined in section 102 of 

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1 ance and Bill of Rights Act of 2000 

2 (42 U.S.C. 15002)) services.’’; and 

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

4 ‘‘(C) DISCLOSURE AND REPORTING RE5 QUIREMENTS.— 

6 ‘‘(i) REQUIREMENTS FOR VETERANS

7 TREATMENT COURT PROGRAM GRANT8 EES.—An applicant that receives a grant 

9 under this subsection to establish or ex10 pand a veterans treatment court program 

11 shall— 

12 ‘‘(I) disclose to the Attorney 

13 General any contract or relationship 

14 between the applicant and a local 

15 treatment provider; 

16 ‘‘(II) track and report to the At17 torney General the number of refer18 rals to local treatment providers pro19 vided by the program; and 

20 ‘‘(III) track and report to the At21 torney General, with respect to each 

22 participant in the program— 

23 ‘‘(aa) each charge brought 

24 against the participant; 


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1 ‘‘(bb) the demographics of 

2 the participant; and 

3 ‘‘(cc) the outcome of the 

4 participant’s case. 

5 ‘‘(ii) ATTORNEY GENERAL REPORT.— 

6 The Attorney General shall periodically 

7 submit to Congress a report containing the 

8 information reported to the Attorney Gen9 eral under clause (i). 

10 ‘‘(D) SENSE OF CONGRESS REGARDING

11 VETERANS TREATMENT COURT PROGRAMS.—It 

12 is the sense of Congress that a veterans treat13 ment court program that receives funding from 

14 a grant under this subsection should not ex15 clude individuals who are chronically exposed to 

16 the criminal justice system.’’; 

17 (7) in subsection (j)— 

18 (A) in paragraph (1), by inserting ‘‘or sub19 stance use disorders’’ after ‘‘mental illness’’; 

20 and 

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

22 substance use disorders’’ after ‘‘mental ill23 nesses’’; 


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1 (8) in subsection (k)(3)(A)(i)(I)(aa), by insert2 ing ‘‘ or substance use disorders’’ after ‘‘mental ill3 nesses’’; 

4 (9) in subsection (l)— 

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

6 ‘‘or substance use disorder’’ after ‘‘mental ill7 ness’’ each place that term appears; and 

8 (B) in paragraph (2)— 

9 (i) in subparagraph (C)(iii), by insert10 ing ‘‘or substance use’’ after ‘‘mental 

11 health’’; and 

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

13 ‘‘mental health or’’ and inserting ‘‘mental 

14 health disorders, substance use disorders, 

15 or’’; and 

16 (10) in subsection (o)(3)— 

17 (A) by striking ‘‘LIMITATION’’ and insert18 ing ‘‘VETERANS’’; 

19 (B) by striking ‘‘Not more than’’ and in20 serting the following: 

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

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

23 by striking ‘‘this section’’ and inserting ‘‘para24 graph (1)’’; and 

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


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

2 to the amounts authorized under paragraph (1), 

3 there are authorized to be appropriated to the 

4 Department of Justice to carry out subsection 

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

6 through 2026.’’. 

7 SEC. 405. INFRASTRUCTURE FOR REENTRY. 

8 (a) COMMUNITY ECONOMIC DEVELOPMENT

9 GRANTS.—Section 680(a)(2) of the Community Services 

10 Block Grant Act (42 U.S.C. 9921(a)(2)) is amended— 

11 (1) in subparagraph (A)— 

12 (A) by striking ‘‘to private, nonprofit orga13 nizations that are community development cor14 porations’’ and inserting the following: ‘‘to— 

15 ‘‘(i) private, nonprofit community de16 velopment corporations’’; 

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

18 inserting ‘‘; or’’; and 

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

20 ‘‘(ii) community development corpora21 tions described in clause (i), or partner22 ships between such a corporation and an23 other private, nonprofit entity, to fund and 

24 oversee the construction of facilities for 

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1 orders, supportive housing, or of re-entry 

2 centers, that are not jails, prisons, or other 

3 correctional facilities.’’; 

4 (2) in subparagraph (C)— 

5 (A) by inserting ‘‘or partnership’’ after 

6 ‘‘corporation’’ each place it appears; 

7 (B) by striking ‘‘principal purpose plan8 ning’’ and inserting ‘‘principal purpose— 

9 ‘‘(i) planning’’; 

10 (C) by striking the period at the end and 

11 inserting ‘‘; or’’; and 

12 ‘‘(ii) planning or constructing facilities 

13 for crisis intervention, treatment of mental 

14 and substance use disorders, supportive 

15 housing, or of re-entry centers.’’; and 

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

17 ‘‘(F) DEFINITION.—In this paragraph, the 

18 term ‘crisis intervention’ means the provision of 

19 immediate, short-term assistance to individuals 

20 who are experiencing acute emotional, mental, 

21 physical, and behavioral distress or problems 

22 using a ‘one-stop’ model.’’. 

23 (b) CDBG ASSISTANCE FOR CONSTRUCTION OF SUB24 STANCE ABUSE AND MENTAL HEALTH TREATMENT FA25 CILITIES, SUPPORTIVE HOUSING, AND REENTRY CENVerDate Sep 11 2014 22:12 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S987.IS S987

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1 TERS.—Section 105(a) of the Housing and Community 

2 Development Act of 1974 (42 U.S.C. 5305(a)) is amend3 ed— 

4 (1) in paragraph (25), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (26), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

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

9 ‘‘(27) the construction of crisis intervention 

10 centers, substance abuse and mental health treat11 ment facilities, supportive housing, and reentry cen12 ters.’’. 

13 (c) COMMUNITIES FACILITIES LOAN AND GRANT

14 PROGRAMS.—Section 306(a) of the Consolidated Farm 

15 and Rural Development Act (7 U.S.C. 1926(a)) is amend16 ed— 

17 (1) by inserting after paragraph (6) the fol18 lowing: 

19 ‘‘(7) PROHIBITION ON USE OF LOANS FOR CER20 TAIN PURPOSES.—No loan made or insured under 

21 this subsection shall be used to support the con22 struction, renovation, equipment purchasing, oper23 ation, staffing, or any other function of a jail, pris24 on, detention center, or other correctional facility.’’; 

25 and 


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1 (2) in paragraph (19), by adding at the end the 

2 following: 

3 ‘‘(C) PROHIBITION ON USE OF GRANTS

4 FOR CERTAIN PURPOSES.—No grant made 

5 under this paragraph shall be used to support 

6 the construction, renovation, equipment pur7 chasing, operation, staffing, or any other func8 tion of a jail, prison, detention center, or other 

9 correctional facility. 

10 ‘‘(D) INCLUSION OF CERTAIN INFRA11 STRUCTURE FOR REENTRY.—In this paragraph, 

12 the terms ‘essential community facility’ and ‘fa13 cility’ include a crisis intervention center, sub14 stance abuse or mental health treatment facil15 ity, a supportive housing facility, and a reentry 

16 center.’’. 

Æ 


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