I 

118TH CONGRESS 

1ST SESSION H. R. 238 

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 

reauthorize the residential substance use disorder treatment program, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2023 

Ms. JACKSON LEE introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Omnibus Crime Control and Safe Streets 

Act of 1968 to reauthorize the residential substance use 

disorder treatment program, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Residential Substance 

5 Use Disorder Treatment Act of 2023’’. 


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1 SEC. 2. RESIDENTIAL SUBSTANCE USE DISORDER TREAT2 MENT PROGRAM. 

3 (a) AMENDMENTS.—Part S of title I of the Omnibus 

4 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 

5 10421 et seq.) is amended— 

6 (1) in the part heading, by striking ‘‘SUB7 STANCE ABUSE’’ and inserting ‘‘SUBSTANCE USE

8 DISORDER’’; 

9 (2) in section 1901 (34 U.S.C. 10421)— 

10 (A) in subsection (a)— 

11 (i) in paragraph (1)— 

12 (I) by striking ‘‘substance abuse’’ 

13 each place it appears and inserting 

14 ‘‘substance use disorder’’; and 

15 (II) by inserting after ‘‘pro16 grams’’ the following: ‘‘, including 

17 medication-assisted treatment pro18 grams, which shall be permitted to 

19 use any type of medication that has 

20 been approved to treat substance use 

21 disorders pursuant to section 505 of 

22 the Federal Food, Drug, and Cos23 metic Act (21 U.S.C. 355), or any 

24 type of biological product licensed 

25 under section 351 of the Public 


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1 Health Service Act (42 U.S.C. 262),’’; 

2 and 

3 (ii) in paragraph (3), by striking 

4 ‘‘substance abuse’’ each place it appears 

5 and inserting ‘‘substance use disorder’’; 

6 (B) in subsection (b), by striking ‘‘sub7 stance abuse’’ and inserting ‘‘substance use dis8 order’’; and 

9 (C) in subsection (c)— 

10 (i) by striking ‘‘part for treatment’’ 

11 and inserting ‘‘part for— 

12 ‘‘(1) treatment’’; 

13 (ii) in paragraph (1), as so des14 ignated, by striking the period at the end 

15 and inserting ‘‘; and’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(2) expanding residential substance use dis19 order treatment programs to use not less than 1 

20 medication or treatment that has been approved to 

21 treat substance use disorders pursuant to section 

22 505 of the Federal Food, Drug, and Cosmetic Act 

23 (21 U.S.C. 355).’’; 

24 (3) in section 1902 (34 U.S.C. 10422)— 

25 (A) in subsection (b)— 


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1 (i) in the subsection heading, by strik2 ing ‘‘ABUSE’’ and inserting ‘‘USE’’; and 

3 (ii) by striking ‘‘substance abuse’’ 

4 each place it appears and inserting ‘‘sub5 stance use disorder’’; 

6 (B) in subsection (c), by striking ‘‘sub7 stance abuse’’ each place it appears and insert8 ing ‘‘substance use disorder’’; 

9 (C) in subsection (d), by striking ‘‘sub10 stance abuse treatment’’ and inserting ‘‘sub11 stance use disorder treatment’’; 

12 (D) in subsection (f), by striking ‘‘sub13 stance abuse’’ and inserting ‘‘substance use dis14 order’’; and 

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

16 ‘‘(g) TRAINING REQUIREMENT.— 

17 ‘‘(1) IN GENERAL.—To be eligible to receive 

18 funds under this part, the chief medical officer of 

19 the prison or jail or appropriate staff overseeing the 

20 program shall complete training, before or within a 

21 reasonable amount of time after receiving the funds, 

22 on, at a minimum— 

23 ‘‘(A) the science of addiction; 

24 ‘‘(B) the latest research and clinical guid25 ance for detoxification and withdrawal manageVerDate Sep 11 2014 00:44 Jan 20, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H238.IH H238

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1 ment and the treatment of substance use dis2 orders in criminal justice settings; 

3 ‘‘(C) strategies for continuity of care dur4 ing and after incarceration; 

5 ‘‘(D) an overview of— 

6 ‘‘(i) all medications for the treatment 

7 of substance use disorders; 

8 ‘‘(ii) how to obtain certification as an 

9 opioid treatment provider (OTP) or waiv10 ers under the Controlled Substances Act 

11 (21 U.S.C. 801 et seq.) for prescribing cer12 tain medications; and 

13 ‘‘(iii) evidence-based behavioral thera14 pies used in addition to medication to im15 prove medication adherence and treatment 

16 outcomes; and 

17 ‘‘(E) any other topic determined by the At18 torney General, in coordination with the Sec19 retary of Health and Human Services and in 

20 consultation with experts in addiction science, 

21 to be a core element for successful training 

22 under this paragraph. 

23 ‘‘(2) REQUIREMENT.—The training required 

24 under paragraph (1) shall include guidance on how 

25 to— 


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1 ‘‘(A) engage relevant stakeholders; 

2 ‘‘(B) identify available resources for, and 

3 gaps and barriers to, providing residential sub4 stance use disorder treatment; and 

5 ‘‘(C) develop a plan to overcome obstacles 

6 to administering and offering medication-as7 sisted treatment. 

8 ‘‘(h) PROVIDER AFFILIATION.—Any entity, including 

9 a prison or jail, that receives Federal funds for a program 

10 or activity that offers medication-assisted treatment shall 

11 have an affiliation with a provider that can— 

12 ‘‘(1) prescribe not less than 1 medication-as13 sisted treatment to patients after release from the 

14 entity; and 

15 ‘‘(2) discuss the risks and benefits of, and alter16 natives to, medication-assisted treatment with pa17 tients.’’; and 

18 (4) in section 1904 (34 U.S.C. 10424)— 

19 (A) by amending subsection (c) to read as 

20 follows: 

21 ‘‘(c) LOCAL ALLOCATION.— 

22 ‘‘(1) IN GENERAL.—Not less than 10 percent of 

23 the total amount made available to a State under 

24 subsection (a) for any fiscal year shall be used by 

25 the State to make grants to local correctional and 


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1 detention facilities in the State (provided such facili2 ties exist therein). 

3 ‘‘(2) JAIL-BASED SUBSTANCE USE TREATMENT

4 PROGRAMS.—A jail-based substance use disorder 

5 treatment program described in paragraph (1) may 

6 be made available to any individual who is— 

7 ‘‘(A) awaiting trial or is otherwise in pre8 trial detention; or 

9 ‘‘(B) serving a sentence of imprisonment in 

10 the jail.’’; and 

11 (B) by amending subsection (d) to read as 

12 follows: 

13 ‘‘(d) EVIDENCE-BASED TREATMENTS.— 

14 ‘‘(1) IN GENERAL.—A State may use amounts 

15 received under this part to— 

16 ‘‘(A) provide any type of medication-as17 sisted treatment that has been approved to 

18 treat substance use disorders pursuant to sec19 tion 505 of the Federal Food, Drug, and Cos20 metic Act (21 U.S.C. 355), and any type of bio21 logical product licensed under section 351 of 

22 the Public Health Service Act (42 U.S.C. 262), 

23 and prescribe overdose reversal medications 

24 during the residential substance use disorder 

25 treatment program or after care; 


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1 ‘‘(B) cover costs associated with the train2 ing required under section 1902(g); 

3 ‘‘(C) obtain waivers under clause (ii) or 

4 (iv) of section 303(g)(2)(G) of the Controlled 

5 Substances Act (21 U.S.C. 823(g)(2)(G)); and 

6 ‘‘(D) obtain certification as an opioid 

7 treatment provider (OTP) in accordance with 

8 part 8 of title 42, Code of Federal Regulations, 

9 or any successor thereto, or the prescription of 

10 medications to treat substance use disorders. 

11 ‘‘(2) DEFINITION.—In this subsection, the term 

12 ‘medication-assisted treatment’ means a treatment 

13 plan that combines behavioral therapy with any type 

14 of medication that has been approved to treat sub15 stance use disorders pursuant to section 505 of the 

16 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

17 355), or any type of biological product licensed 

18 under section 351 of the Public Health Service Act 

19 (42 U.S.C. 262).’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 1001(a)(17) of title I of the Omnibus Crime Control and 

22 Safe Streets Act of 1968 (34 U.S.C. 10261(a)(17)) is 

23 amended to read as follows: 


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1 ‘‘(17) There are authorized to be appropriated to 

2 carry out the projects under part S $40,000,000 for each 

3 of fiscal years 2023 through 2027.’’. 

4 (c) DEFINITION.—Section 901(25) of title I of the 

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

6 U.S.C. 10251(25)) is amended to read as follows: 

7 ‘‘(25) the term ‘residential substance use dis8 order treatment program’ means a course of com9 prehensive individual and group substance use dis10 order treatment services in residential treatment fa11 cilities that, to the greatest extent practicable, follow 

12 the guidance entitled, ‘Promising Practice Guidelines 

13 for Residential Substance Abuse Treatment’, pub14 lished in November 2017 by the Bureau of Justice 

15 Assistance, or as thereafter amended to conform to 

16 current standards of care;’’. 

Æ 


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