to promote the availability of high-quality recovery hous-
ing for individuals with a substance use disorder. Such 
guidelines shall— 
‘‘(1) be developed in consultation with national 
accrediting entities, reputable providers and analysts 
of recovery housing services, and States and be con-
sistent with the best practices developed under sec-
tion 550; and 
‘‘(2) to the extent practicable, build on existing 
best practices and suggested guidelines developed 
previously by the Substance Abuse and Mental 
Health Services Administration. 
‘‘(b) PUBLIC COMMENT PERIOD.—Before finalizing 
guidelines under subsection (a), the Secretary of Health 
and Human Services shall provide for a public comment 
period. 
‘‘(c) EXCLUSION
OF GUIDELINE
ON TREATMENT 
SERVICES.—In developing the guidelines under subsection 
(a), the Secretary may not include any guideline or stand-
ard with respect to substance use disorder treatment serv-
ices. 
‘‘(d) SUBSTANCE USE DISORDER TREATMENT SERV-
ICES.—In this section, the term ‘substance use disorder 
treatment services’ means items or services furnished for 
the treatment of a substance use disorder, including— 
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‘‘(1) medications approved by the Food and 
Drug Administration for use in such treatment, ex-
cluding each such medication used to prevent or 
treat a drug overdose; 
‘‘(2) the administering of such medications; 
‘‘(3) recommendations for such treatment; 
‘‘(4) clinical assessments and referrals; 
‘‘(5) counseling with a physician, psychologist, 
or mental health professional (including individual 
and group therapy); and 
‘‘(6) toxicology testing.’’. 
SEC. 313. COORDINATION OF FEDERAL ACTIVITIES TO PRO-
MOTE THE AVAILABILITY OF HIGH-QUALITY 
RECOVERY HOUSING. 
Section 550 of the Public Health Service Act (42 
U.S.C. 290ee–5) (relating to national recovery housing 
best practices) is amended— 
(1) by redesignating subsections (e), (f), and 
(g) as subsections (g), (h), and (i), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) COORDINATION OF FEDERAL ACTIVITIES TO 
PROMOTE THE AVAILABILITY OF HIGH-QUALITY RECOV-
ERY HOUSING FOR INDIVIDUALS WITH A SUBSTANCE 
USE DISORDER.— 
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‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Assistant Secretary, and the Secretary 
of the Department of Housing and Urban Develop-
ment shall convene and serve as the co-chairs of an 
interagency working group composed of representa-
tives of each of the Federal agencies described in 
paragraph (2) (referred to in this section as the 
‘working group’) for the following purposes: 
‘‘(A) To increase collaboration, coopera-
tion, and consultation among such Federal 
agencies, with respect to promoting the avail-
ability of high-quality recovery housing. 
‘‘(B) To align the efforts of such agencies 
and avoid duplication of such efforts by such 
agencies. 
‘‘(C) To develop objectives, priorities, and 
a long-term plan for supporting State, Tribal, 
and local efforts with respect to the operation 
of high-quality recovery housing that is con-
sistent with the best practices developed under 
this section. 
‘‘(D) To coordinate inspection and enforce-
ment among Federal and State agencies. 
‘‘(E) To coordinate data collection on the 
quality of recovery housing. 
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‘‘(2) FEDERAL
AGENCIES
DESCRIBED.—The 
Federal agencies described in this paragraph are the 
following: 
‘‘(A) The Department of Health and 
Human Services. 
‘‘(B) The Centers for Medicare & Medicaid 
Services. 
‘‘(C) The Substance Abuse and Mental 
Health Services Administration. 
‘‘(D) The Health Resources and Services 
Administration. 
‘‘(E) The Indian Health Service. 
‘‘(F) The Department of Housing and 
Urban Development. 
‘‘(G) The Department of Agriculture. 
‘‘(H) The Department of Justice. 
‘‘(I) The Office of National Drug Control 
Policy. 
‘‘(J) The Bureau of Indian Affairs. 
‘‘(K) The Department of Labor. 
‘‘(L) Any other Federal agency as the co- 
chairs determine appropriate. 
‘‘(3) MEETINGS.—The working group shall 
meet on a quarterly basis. 
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‘‘(4) REPORTS TO CONGRESS.—Beginning not 
later than one year after the date of the enactment 
of this section and annually thereafter, the working 
group shall submit to the Committee on Energy and 
Commerce, the Committee on Ways and Means, the 
Committee on Agriculture, and the Committee on 
Financial Services of the House of Representatives 
and the Committee on Health, Education, Labor, 
and Pensions, the Committee on Agriculture, Nutri-
tion, and Forestry, and the Committee on Finance 
of the Senate a report describing the work of the 
working group and any recommendations of the 
working group to improve Federal, State, and local 
policy with respect to recovery housing operations. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
To carry out this subsection, there are authorized to 
be appropriated such sums as may be necessary for 
fiscal years 2022 through 2027.’’. 
SEC. 314. NAS STUDY AND REPORT. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Health and 
Human Services, acting through the Assistant Secretary 
for Mental Health and Substance Use, shall enter into an 
arrangement with the National Academies of Sciences, 
Engineering, and Medicine to conduct a study, which may 
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include a literature review and case studies as appropriate, 
on— 
(1) the quality and effectiveness of recovery 
housing in the United States, including the avail-
ability in the United States of high-quality recovery 
housing and whether that availability meets the de-
mand for such housing in the United States; and 
(2) State, Tribal, and local regulation and over-
sight of recovery housing. 
(b) TOPICS.—The study under subsection (a) shall 
include a literature review of studies that— 
(1) examine the quality of, and effectiveness 
outcomes for, the types and characteristics of cov-
ered recovery housing programs listed in subsection 
(c); and 
(2) identify the research and data gaps that 
must be filled to better report on the quality of, and 
effectiveness outcomes related to, covered recovery 
housing. 
(c) TYPE AND CHARACTERISTICS.—The types and 
characteristics of covered recovery housing programs re-
ferred to in subsection (b) consist of the following: 
(1) Nonprofit and for-profit covered recovery 
housing. 
(2) Private and public covered recovery housing. 
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(8) Fraudulent and abusive practices by opera-
tors of covered recovery housing and inpatient and 
outpatient treatment facilities, both individually and 
in concert, including— 
(A) deceptive or misleading marketing 
practices, including— 
(i) inaccurate outcomes-based mar-
keting; and 
(ii) marketing based on non-evidence- 
based practices; 
(B) illegal patient brokering; 
(C) third-party recruiters; 
(D) deceptive or misleading marketing 
practices of treatment facility and recovery 
housing online aggregators; and 
(E) the impact of such practices on health 
care costs and recovery rates. 
(d) REPORT.—The arrangement under subsection (a) 
shall require, by not later than 18 months after the date 
of entering into the agreement— 
(1) completing the study under such subsection; 
and 
(2) making publicly available (including through 
publication on the internet) a report that contains— 
(A) the results of the study; 
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(B) the National Academy’s recommenda-
tions for Federal, State, and local policies to 
promote the availability of high-quality recovery 
housing in the United States; 
(C) research and data gaps; 
(D) recommendations for recovery housing 
quality and effectiveness metrics; 
(E) recommended mechanisms to collect 
data on those metrics, including with respect to 
research and data gaps; 
(F) recommendations to eliminate restric-
tions by recovery housing that exclude individ-
uals who take prescribed medications for opioid 
use disorder; and 
(G) a summary of allegations, assertions, 
or formal legal actions on the State and local 
levels by governments and nongovernmental or-
ganizations with respect to the opening and op-
eration of recovery housing. 
(e) DEFINITIONS.—In this subsection: 
(1) The term ‘‘covered recovery housing’’ means 
recovery housing that utilizes compensated or volun-
teer onsite staff who are not health care profes-
sionals to support residents. 
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(2) The term ‘‘effectiveness outcomes’’ may in-
clude decreased substance use, reduced probability of 
relapse or reoccurrence, lower rates of incarceration, 
higher income, increased employment, and improved 
family functioning. 
(3) The term ‘‘health care professional’’ means 
an individual who is licensed or otherwise authorized 
by the State to provide health care services. 
(4) The term ‘‘recovery housing’’ means a 
shared living environment that is or purports to 
be— 
(A) free from alcohol and use of nonpre-
scribed drugs; and 
(B) centered on connection to services that 
promote sustained recovery from substance use 
disorders. 
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$1,500,000 for fiscal year 2022. 
SEC. 315. FILLING RESEARCH AND DATA GAPS. 
Not later than 60 days after the completion of the 
study under section 314, the Secretary of Health and 
Human Services shall enter into an agreement with an ap-
propriate entity to conduct such research as may be nec-
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essary to fill the research and data gaps identified in re-
porting pursuant to such section. 
SEC. 316. GRANTS FOR STATES TO PROMOTE THE AVAIL-
ABILITY OF HIGH-QUALITY RECOVERY HOUS-
ING. 
Section 550 of the Public Health Service Act (42 
U.S.C. 290ee–5) (relating to national recovery housing 
best practices), as amended by section 313, is further 
amended by inserting after subsection (e) (as inserted by 
such section 313) the following: 
‘‘(f) GRANTS FOR IMPLEMENTING NATIONAL RECOV-
ERY HOUSING BEST PRACTICES.— 
‘‘(1) IN GENERAL.—The Secretary shall award 
grants to States (and political subdivisions thereof), 
Tribes, and territories— 
‘‘(A) for the provision of technical assist-
ance by national accrediting entities and rep-
utable providers and analysts of recovery hous-
ing services to implement the guidelines, nation-
ally recognized standards, and recommendations 
developed under section 313 of the CARA 3.0 
Act of 2021 and this section; and 
‘‘(B) to promote the availability of high- 
quality recovery housing for individuals with a 
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substance use disorder and practices to main-
tain housing quality long term. 
‘‘(2) STATE ENFORCEMENT PLANS.—Beginning 
not later than 90 days after the date of the enact-
ment of this paragraph and every 2 years thereafter, 
as a condition on the receipt of a grant under para-
graph (1), each State (or political subdivisions there-
of), Tribe, or territory receiving such a grant shall 
submit to the Secretary, and make publicly available 
on a publicly accessible Internet website of the State 
(or political subdivisions thereof), Tribe, or terri-
tory— 
‘‘(A) the plan of the State (or political sub-
divisions thereof), Tribe, or territory, with re-
spect to the promotion of high-quality recovery 
housing for individuals with a substance use 
disorder located within the jurisdiction of such 
State (or political subdivisions thereof), Tribe, 
or territory; and 
‘‘(B) a description of how such plan is con-
sistent with the best practices developed under 
this section and guidelines developed under sec-
tion 550A. 
‘‘(3) REVIEW OF ACCREDITING ENTITIES.—The 
Secretary shall periodically review, by developing a 
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rubric to evaluate accreditation, the accrediting enti-
ties providing technical assistance pursuant to para-
graph (1)(A). 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
To carry out this subsection, there is authorized to 
be appropriated $10,000,000 for each of fiscal years 
2023 through 2027.’’. 
SEC. 317. REPUTABLE PROVIDERS AND ANALYSTS OF RE-
COVERY HOUSING SERVICES DEFINITION. 
Subsection (h) of section 550 of the Public Health 
Service Act (42 U.S.C. 290ee–5) (relating to national re-
covery housing best practices), as redesignated by section 
313, is amended by adding at the end the following: 
‘‘(4) The term ‘reputable providers and analysts 
of recovery housing services’ means recovery housing 
service providers and analysts that— 
‘‘(A) use evidence-based approaches; 
‘‘(B) act in accordance with guidelines 
issued by the Assistant Secretary; 
‘‘(C) have not been found guilty of health 
care fraud, patient brokering, or false adver-
tising by the Department of Justice, the De-
partment of Health and Human Services, or a 
Medicaid Fraud Control Unit; 
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‘‘(D) have not been found to have violated 
Federal, State, or local codes of conduct with 
respect to recovery housing for individuals with 
a substance use disorder; and 
‘‘(E) do not employ individuals with a past 
conviction of criminal, domestic, or sexual vio-
lence, or significant drug distribution, in the 
care or supervision of individuals.’’. 
SEC. 318. TECHNICAL CORRECTION. 
Title V of the Public Health Service Act (42 U.S.C. 
290aa et seq.) is amended— 
(1) by redesignating section 550 (relating to 
Sobriety Treatment and Recovery Teams) (42 
U.S.C. 290ee–10), as added by section 8214 of Pub-
lic Law 115–271, as section 550B; and 
(2) moving such section so it appears after sec-
tion 550A, as added by section 312. 
TITLE IV—CRIMINAL JUSTICE 
SEC. 401. MEDICATION-ASSISTED TREATMENT CORREC-
TIONS AND COMMUNITY REENTRY PROGRAM. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Attorney General’’ means the At-
torney General, acting through the Director of the 
National Institute of Corrections; 
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(2) the term ‘‘certified recovery coach’’ means 
an individual— 
(A) with knowledge of, or experience with, 
recovery from a substance use disorder; and 
(B) who— 
(i) has completed training through, 
and is determined to be in good standing 
by— 
(I) a single State agency; or 
(II) a recovery community orga-
nization that is capable of conducting 
that training and making that deter-
mination; and 
(ii) meets the criteria specified by the 
Attorney General, in consultation with the 
Secretary of Health and Human Services, 
for qualifying as a certified recovery coach 
for the purposes of this Act; 
(3) the term ‘‘correctional facility’’ has the 
meaning given the term in section 901 of title I of 
the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10251); 
(4) the term ‘‘covered grant or cooperative 
agreement’’ means a grant received, or cooperative 
agreement entered into, under the Program; 
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(5) the term ‘‘covered program’’ means a pro-
gram— 
(A) to provide medication-assisted treat-
ment to individuals who have opioid use dis-
order and are incarcerated within the jurisdic-
tion of the State or unit of local government 
carrying out the program; and 
(B) that is developed, implemented, or ex-
panded through a covered grant or cooperative 
agreement; 
(6) the term ‘‘medication-assisted treatment’’ 
means the use of any drug or combination of drugs 
that have been approved under the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or 
section 351 of the Public Health Service Act (42 
U.S.C. 262) for the treatment of an opioid use dis-
order, in combination with evidence-based counseling 
and behavioral therapies, such as psychosocial coun-
seling, overseen by 1 or more social work profes-
sionals and 1 or more qualified clinicians, to provide 
a comprehensive approach to the treatment of sub-
stance use disorders; 
(7) the term ‘‘nonprofit organization’’ means an 
organization that is described in section 501(c)(3) of 
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the Internal Revenue Code of 1986 and is exempt 
from taxation under section 501(a) of such Code; 
(8) the term ‘‘Panel’’ means the medication-as-
sisted treatment Corrections and Community Re-
entry Application Review Panel established under 
subsection (f)(2); 
(9) the term ‘‘participant’’ means an individual 
who participates in a covered program; 
(10) the term ‘‘political appointee’’ has the 
meaning given the term in section 714(h) of title 38, 
United States Code; 
(11) the term ‘‘Program’’ means the medica-
tion-assisted treatment Corrections and Community 
Reentry Program established under subsection (b); 
(12) the term ‘‘psychosocial’’ means the inter-
relation of social factors and individual thought and 
behavior; 
(13) the term ‘‘recovery community organiza-
tion’’ has the meaning given the term in section 547 
of the Public Health Service Act (42 U.S.C. 290ee– 
2); 
(14) the term ‘‘single State agency’’ means, 
with respect to a State or unit of local government, 
the single State agency identified by the State, or 
the State in which the unit of local government is 
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located, in the plan submitted by that State under 
section 1932(b)(1)(A)(i) of the Public Health Serv-
ice Act (42 U.S.C. 300x–32(b)(1)(A)(i)); 
(15) the term ‘‘State’’ means— 
(A) each State of the United States; 
(B) the District of Columbia; and 
(C) each commonwealth, territory, or pos-
session of the United States; and 
(16) the term ‘‘unit of local government’’ has 
the meaning given the term in section 901 of title 
I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10251), except that such 
term also includes a Tribal organization, as defined 
in section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5304). 
(b) AUTHORIZATION.—Not later than 90 days after 
the date of enactment of this Act, the Attorney General, 
in consultation with the Secretary of Health and Human 
Services, shall establish a program— 
(1) that shall be known as the ‘‘medication-as-
sisted treatment Corrections and Community Re-
entry Program’’; and 
(2) under which the Attorney General— 
(A) may make grants to, and enter into co-
operative agreements with, States or units of 
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local government to develop, implement, or ex-
pand 1 or more programs to provide medica-
tion-assisted treatment that meets the standard 
of care generally accepted for the treatment of 
opioid use disorder to individuals who have 
opioid use disorder and are incarcerated within 
the jurisdictions of the States or units of local 
government; and 
(B) shall establish a working relationship 
with 1 or more knowledgeable corrections orga-
nizations with expertise in security, medical 
health, mental health, and substance use dis-
order care to oversee and support implementa-
tion of the program, including through the use 
of evidence-based clinical practices. 
(c) USE OF FUNDS FOR INFRASTRUCTURE.—In de-
veloping, implementing, or expanding a medication-as-
sisted treatment program under subsection (b)(2)(A), a 
State or unit of local government may use funds from a 
grant or cooperative agreement under that subsection to 
develop the infrastructure necessary to provide the medi-
cation-assisted treatment, such as— 
(1) establishing safe storage facilities for the 
drugs used in the treatment; and 
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(2) obtaining appropriate licenses for the indi-
viduals who will administer the treatment. 
(d) PURPOSES.—The purposes of the Program are 
to— 
(1) develop culturally competent (as defined in 
section 102 of the Developmental Disabilities Assist-
ance and Bill of Rights Act of 2000 (42 U.S.C. 
15002)) medication-assisted treatment programs in 
consultation with nonprofit organizations and com-
munity organizations that are qualified to provide 
technical support for the programs; 
(2) reduce the risk of overdose to participants 
after the participants are released from incarcer-
ation; and 
(3) reduce the rate of reincarceration. 
(e) PROGRAM REQUIREMENTS.—In carrying out a 
covered program, a State or unit of local government— 
(1) shall ensure that each individual who is 
newly incarcerated at a correctional facility at which 
the covered program is carried out, and who was re-
ceiving medication-assisted treatment before being 
incarcerated, continues to receive medication-assisted 
treatment while incarcerated; 
(2) in providing medication-assisted treatment 
under the covered program, shall offer to partici-
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pants each type of drug that has been approved 
under the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 301 et seq.) or section 351 of the Public 
Health Service Act (42 U.S.C. 262) for the treat-
ment of an opioid use disorder; and 
(3) shall use— 
(A) screening tools with psychometric reli-
ability and validity that provide useful clinical 
data to guide the long-term treatment of par-
ticipants who have— 
(i) opioid use disorder; or 
(ii) co-occurring opioid use disorder 
and mental disorders; 
(B) at each correctional facility at which 
the covered program is carried out, a sufficient 
number of personnel, as determined by the At-
torney General in light of the number of indi-
viduals incarcerated at the correctional facility 
and the number of those individuals whom the 
correctional facility has screened and identified 
as having opioid use disorder, to— 
(i) monitor participants with active 
opioid use disorder who begin participation 
in 
the 
covered 
program 
while 
dem-
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onstrating, or develop, signs and symptoms 
of opioid withdrawal; 
(ii) provide evidence-based medically 
managed withdrawal care or assistance to 
the participants described in clause (i); 
(iii) prescribe or otherwise dispense— 
(I) the drugs that are offered 
under the covered program, as re-
quired under paragraph (1); and 
(II) naloxone or any other emer-
gency opioid antagonist approved by 
the Commissioner of Food and Drugs 
to treat opioid overdose; 
(iv) discuss with participants the risks 
and benefits of, and differences among, the 
opioid antagonist, opioid agonist, and par-
tial agonist drugs used to treat opioid use 
disorder; and 
(v) prepare a plan for release, includ-
ing connecting participants with mental 
health and substance use treatment pro-
grams, medical care, public benefits, and 
housing; and 
(C) a certified recovery coach, social work 
professional, or other qualified clinician who, in 
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order to support the sustained recovery of par-
ticipants, shall work with participants who are 
recovering from opioid use disorder. 
(f) APPLICATION.— 
(1) IN GENERAL.—A State or unit of local gov-
ernment desiring a covered grant or cooperative 
agreement shall submit to the Attorney General an 
application that— 
(A) shall include— 
(i) a description of— 
(I) the objectives of the medica-
tion-assisted treatment program that 
the applicant will develop, implement, 
or expand under the covered grant or 
cooperative agreement; 
(II) the activities that the appli-
cant will carry out under the covered 
program; 
(III) how the activities described 
under subclause (II) will achieve the 
objectives described in subclause (I); 
(IV) the outreach and education 
component of the covered program 
that the applicant will carry out in 
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order to encourage maximum partici-
pation in the covered program; and 
(V) how the applicant will de-
velop connections to culturally com-
petent (as defined in section 102 of 
the Developmental Disabilities Assist-
ance and Bill of Rights Act of 2000 
(42 U.S.C. 15002)) substance use and 
mental health treatment providers, 
medical professionals, nonprofit orga-
nizations, and other State agencies in 
order to plan for participants to re-
ceive a continuum of care and appro-
priate wrap-around services after re-
lease from incarceration; 
(ii) if, under the covered program that 
the applicant will carry out, the applicant 
will not, in providing medication-assisted 
treatment, offer to participants not less 
than 1 drug that uses an opioid antago-
nist, not less than 1 drug that uses an 
opioid agonist, and not less than 1 drug 
that uses an opioid partial agonist, an ex-
planation of why the applicant is unable to 
or chooses not to offer a drug that uses an 
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opioid antagonist, a drug that uses an 
opioid agonist, or a drug that uses an 
opioid partial agonist, as applicable; 
(iii) a plan for— 
(I) measuring progress in achiev-
ing the objectives described in clause 
(i)(I), including a strategy to collect 
data that can be used to measure that 
progress; 
(II) collaborating with the single 
State agency for the applicant or 1 or 
more nonprofit organizations in the 
community of the applicant to help 
ensure that— 
(aa) if participants so desire, 
participants have continuity of 
care after release from incarcer-
ation with respect to the form of 
medication-assisted treatment the 
participants received during in-
carceration, including— 
(AA) by working with 
community service providers 
to assist eligible partici-
pants, before release from 
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ment provided at each correctional fa-
cility at which the covered program 
will be carried out is also available at 
locations that are not correctional fa-
cilities in those communities, to the 
greatest extent practicable; and 
(iv) a certification that— 
(I) each correctional facility at 
which the covered program will be 
carried out has access to a sufficient 
number of clinicians who are licensed 
to prescribe or otherwise dispense to 
participants the drugs for the treat-
ment of opioid use disorder required 
to be offered under subsection (e)(1), 
which may include clinicians who use 
telemedicine, in accordance with regu-
lations issued by the Administrator of 
the Drug Enforcement Administra-
tion, to provide services under the cov-
ered program; and 
(II) the covered program will 
provide culturally competent (as de-
fined in section 102 of the Develop-
mental Disabilities Assistance and Bill 
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of Rights Act of 2000 (42 U.S.C. 
15002)) 
evidence-based 
counseling 
and behavioral therapies, which may 
include counseling and therapy admin-
istered through the use of telemedi-
cine, as appropriate, to participants as 
part of the medication-assisted treat-
ment provided under the covered pro-
gram; and 
(B) may include a statement indicating the 
number of participants that the applicant ex-
pects to serve through the covered program. 
(2) MEDICATION-ASSISTED
TREATMENT
COR-
RECTIONS AND COMMUNITY REENTRY APPLICATION 
REVIEW PANEL.— 
(A) IN GENERAL.—Not later than 60 days 
after the date of enactment of this Act, the At-
torney General shall establish a Medication-As-
sisted Treatment Corrections and Community 
Reentry Application Review Panel that shall— 
(i) be composed of not fewer than 10 
individuals and not more than 15 individ-
uals; and 
(ii) include— 
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(I) 1 or more employees, who are 
not political appointees, of— 
(aa) the Department of Jus-
tice; 
(bb) the Substance Abuse 
and Mental Health Service Ad-
ministration; 
(cc) the National Center for 
Injury Prevention and Control at 
the Centers for Disease Control 
and Prevention; and 
(dd) the Office of National 
Drug Control Policy; and 
(II) other stakeholders who— 
(aa) have expert knowledge 
relating to the opioid epidemic, 
drug treatment, health equity, 
culturally competent (as defined 
in section 102 of the Develop-
mental 
Disabilities 
Assistance 
and Bill of Rights Act of 2000 
(42 U.S.C. 15002)) care, or com-
munity substance use disorder 
services; and 
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(bb) represent law enforce-
ment organizations and public 
health entities. 
(B) DUTIES.— 
(i) IN GENERAL.—The Panel shall— 
(I) review and evaluate applica-
tions for covered grants and coopera-
tive agreements; and 
(II) make recommendations to 
the Attorney General relating to the 
awarding of covered grants and coop-
erative agreements. 
(ii) RURAL COMMUNITIES.—In review-
ing and evaluating applications under 
clause (i), the Panel shall take into consid-
eration the unique circumstances, including 
the lack of resources relating to the treat-
ment of opioid use disorder, faced by rural 
States and units of local government. 
(C) TERMINATION.—The Panel shall ter-
minate on the last day of fiscal year 2023. 
(3) PUBLICATION
OF
CRITERIA
IN
FEDERAL 
REGISTER.—Not later than 90 days after the date of 
enactment of this Act, the Attorney General, in con-
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sultation with the Panel, shall publish in the Federal 
Register— 
(A) the process through which applications 
submitted under paragraph (1) shall be sub-
mitted and evaluated; and 
(B) the criteria used in awarding covered 
grants and cooperative agreements. 
(g) DURATION.—A covered grant or cooperative 
agreement shall be for a period of not more than 4 years, 
except that the Attorney General may extend the term of 
a covered grant or cooperative agreement based on out-
come data or extenuating circumstances relating to the 
covered program carried out under the covered grant or 
cooperative agreement. 
(h) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date on which a State or unit of local govern-
ment is awarded a covered grant or cooperative 
agreement, and each year thereafter until the date 
that is 1 year after the date on which the period of 
the covered grant or cooperative agreement ends, the 
State or unit of local government shall submit a re-
port to the Attorney General that includes informa-
tion relating to the covered program carried out by 
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the State or unit of local government, including in-
formation relating to— 
(A) the goals of the covered program; 
(B) any evidence-based interventions car-
ried out under the covered program; 
(C) outcomes of the covered program, 
which shall— 
(i) be reported in a manner that dis-
tinguishes the outcomes based on the cat-
egories of, with respect to the participants 
in the covered program— 
(I) the race of the participants; 
and 
(II) the gender of the partici-
pants; and 
(ii) include information relating to the 
rate of reincarceration among participants 
in the covered program, if available; and 
(D) expenditures under the covered pro-
gram. 
(2) PUBLICATION.— 
(A) AWARDEE.—A State or unit of local 
government that submits a report under para-
graph (1) shall make the report publicly avail-
able on— 
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(i) the website of each correctional fa-
cility at which the State or unit of local 
government carried out the covered grant 
program; and 
(ii) if a correctional facility at which 
the State or unit of local government car-
ried out the covered grant program does 
not operate a website, the website of the 
State or unit of local government. 
(B) ATTORNEY GENERAL.—The Attorney 
General shall make each report received under 
paragraph (1) publicly available on the website 
of the National Institute of Corrections. 
(3) SUBMISSION TO CONGRESS.—Not later than 
2 years after the date on which the Attorney Gen-
eral awards the first covered grant or cooperative 
agreement, and each year thereafter, the Attorney 
General shall submit to the Committee on the Judi-
ciary of the Senate and the Committee on the Judi-
ciary of the House of Representatives a summary 
and compilation of the reports that the Attorney 
General has received under paragraph (1) during the 
year preceding the date on which the Attorney Gen-
eral submits the summary and compilation. 
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(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $50,000,000 to carry 
out this section for each of fiscal years 2022 through 
2026. 
SEC. 402. DEFLECTION AND PRE-ARREST DIVERSION. 
(a) FINDINGS.—Congress finds the following: 
(1) Law enforcement officers and other first re-
sponders are at the front line of the opioid epidemic. 
However, a traditional law enforcement response to 
substance use often fails to disrupt the cycle of ad-
diction and arrest, or reduce the risk of overdose. 
(2) Law enforcement-assisted deflection and di-
version programs have the potential to improve pub-
lic health, decrease the number of people entering 
the criminal justice system for low-level offenses, 
and address racial disparities. 
(3) According to the Bureau of Justice Assist-
ance of the Department of Justice, ‘‘Five pathways 
have been most commonly associated with opioid 
overdose prevention and diversion to treatment.’’ 
The 5 pathways are— 
(A) ‘‘self-referral’’, in which— 
(i) an individual voluntarily initiates 
contact with a first responder, such as a 
law enforcement officer, firefighter, or 
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emergency medical services professional, 
for a treatment referral (without fear of 
arrest); and 
(ii) the first responder personally in-
troduces the individual to a treatment pro-
vider (commonly known as a ‘‘warm hand-
off’’); 
(B) ‘‘active outreach’’, in which a law en-
forcement officer or other first responder— 
(i) identifies or seeks out individuals 
in need of substance use disorder treat-
ment; and 
(ii) makes a warm handoff of such an 
individual to a treatment provider, who en-
gages the individual in treatment; 
(C) ‘‘naloxone plus’’, in which a law en-
forcement officer or other first responder en-
gages an individual in treatment as a follow-up 
to an overdose response; 
(D) ‘‘officer prevention referral’’, in which 
a law enforcement officer or other first re-
sponder initiates treatment engagement with an 
individual, but no criminal charges are filed 
against the individual; and 
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(E) ‘‘officer intervention referral’’, in 
which— 
(i) a law enforcement officer or other 
first responder initiates treatment engage-
ment with an individual; and 
(ii)(I) criminal charges are filed 
against the individual and held in abey-
ance; or 
(II) a citation is issued to the indi-
vidual. 
(4) As of the date of enactment of this Act, 
there are no national best practices or guidelines for 
law enforcement-assisted deflection and diversion 
programs. 
(b) USE OF BYRNE JAG FUNDS FOR DEFLECTION 
AND DIVERSION PROGRAMS.—Section 501 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10152) is amended— 
(1) in subsection (a)(1)(E), by inserting before 
the period at the end the following: ‘‘, including law 
enforcement-assisted deflection programs and law 
enforcement-assisted pre-arrest and pre-booking di-
version programs (as those terms are defined in sub-
section (h))’’; and 
(2) by adding at the end the following: 
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‘‘(h) LAW ENFORCEMENT-ASSISTED DEFLECTION 
PROGRAMS AND LAW ENFORCEMENT-ASSISTED PRE-AR-
REST AND PRE-BOOKING DIVERSION PROGRAMS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED
GRANT.—The term ‘cov-
ered grant’ means a grant for a deflection or di-
version program awarded under subsection 
(a)(1)(E). 
‘‘(B) DEFLECTION
OR
DIVERSION
PRO-
GRAM.—The term ‘deflection or diversion pro-
gram’ means a law enforcement-assisted deflec-
tion program or a law enforcement-assisted pre- 
arrest or pre-booking diversion, including a pro-
gram under which— 
‘‘(i) an individual voluntarily initiates 
contact with a first responder for a sub-
stance use disorder or mental health treat-
ment referral without fear of arrest and re-
ceives a warm handoff to such treatment; 
‘‘(ii) a law enforcement officer or 
other first responder identifies or seeks out 
individuals in need of substance use dis-
order or mental health treatment and a 
warm handoff is made to a treatment pro-
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vider, who engages the individuals in treat-
ment; 
‘‘(iii) a law enforcement officer or 
other first responder engages an individual 
in substance use disorder treatment as 
part of an overdose response; 
‘‘(iv) a law enforcement officer or 
other first responder initiates substance 
use disorder or mental health treatment 
engagement, but no criminal charges are 
filed; 
‘‘(v) a law enforcement officer or 
other first responder initiates substance 
use disorder or mental health treatment 
engagement with an individual; or 
‘‘(vi) charges are filed against an indi-
vidual who has committed an offense that 
is not a crime against a person, and the 
primary cause of which appears to be 
based on a substance use disorder or men-
tal health disorder and held in abeyance or 
a citation is issued to such an individual. 
‘‘(C) LAW
ENFORCEMENT-ASSISTED
DE-
FLECTION PROGRAM.—The term ‘law enforce-
ment-assisted deflection program’ means a pro-
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gram under which a law enforcement officer, 
when encountering an individual who is not en-
gaged in criminal activity but appears to have 
a substance use disorder or mental health dis-
order, instead of taking no action at the time 
of contact or taking action at a later time, at-
tempts to connect the individual to substance 
use disorder treatment providers or mental 
health treatment providers— 
‘‘(i) without the use of coercion or 
fear of arrest; and 
‘‘(ii) using established pathways for 
connections 
to 
local, 
community-based 
treatment. 
‘‘(D) LAW ENFORCEMENT-ASSISTED PRE- 
ARREST
OR
PRE-BOOKING
DIVERSION
PRO-
GRAM.—The term ‘law enforcement-assisted 
pre-arrest or pre-booking diversion program’ 
means a program— 
‘‘(i) under which a law enforcement 
officer, when encountering an individual 
who has committed an offense that is not 
a crime against a person, and the primary 
cause of which appears to be based on a 
substance use disorder or the mental 
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disorder or mental health disorder and the 
officer suspects the individual of chronic 
violations of law but lacks probable cause 
to arrest the individual (commonly known 
as a ‘social contact referral’). 
‘‘(2) SENSE OF CONGRESS REGARDING DEFLEC-
TION OR DIVERSION PROGRAMS.—It is the sense of 
Congress that a deflection or diversion program 
funded under this subpart should not exclude indi-
viduals who are chronically exposed to the criminal 
justice system. 
‘‘(3) REPORTS TO ATTORNEY GENERAL.—Not 
later than 2 years after the date on which a State 
or unit of local government is awarded a covered 
grant, and each year thereafter until the date that 
is 1 year after the date on which the period of the 
covered grant ends, the State or unit of local govern-
ment shall submit a report to the Attorney General 
that includes information relating to the deflection 
or diversion program carried out by the State or 
unit of local government, including information re-
lating to— 
‘‘(A) the goals of the deflection or diver-
sion program; 
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‘‘(B) any evidence-based interventions car-
ried out under the deflection or diversion pro-
gram; 
‘‘(C) outcomes of the deflection or diver-
sion program, which shall— 
‘‘(i) be reported in a manner that dis-
tinguishes the outcomes based on the cat-
egories of, with respect to the participants 
in the deflection or diversion program— 
‘‘(I) the race of the participants; 
and 
‘‘(II) the gender of the partici-
pants; and 
‘‘(ii) include information relating to 
the rate of reincarceration among partici-
pants in the deflection or diversion pro-
gram, if available; and 
‘‘(D) expenditures under the deflection or 
diversion program.’’. 
(c) TECHNICAL ASSISTANCE GRANT PROGRAM.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘deflection or diversion pro-
gram’’ has the meaning given the term in sub-
section (h) of section 501 of title I of the Omni-
bus Crime Control and Safe Streets Act of 
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1968 (34 U.S.C. 10152), as added by sub-
section (b); and 
(B) the terms ‘‘State’’ and ‘‘unit of local 
government’’ have the meanings given those 
terms in section 901 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10251). 
(2) GRANT AUTHORIZED.—The Attorney Gen-
eral shall award a single grant to an entity with sig-
nificant experience in working with law enforcement 
agencies, community-based treatment providers, and 
other community-based human service providers to 
develop or administer both deflection and diversion 
programs that use each of the 5 pathways described 
in subsection (a)(3), to promote and maximize the 
effectiveness and racial equity of deflection or diver-
sion programs, in order to— 
(A) help State and units of local govern-
ment launch and expand deflection or diversion 
programs; 
(B) develop best practices for deflection or 
diversion teams, which shall include— 
(i) recommendations on community 
input and engagement in order to imple-
ment deflection or diversion programs as 
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rapidly as possible and with regard to the 
particular needs of a community, including 
regular community meetings and other 
mechanisms for engagement with— 
(I) law enforcement agencies; 
(II) community-based treatment 
providers and other community-based 
human service providers; 
(III) the recovery community; 
and 
(IV) the community at-large; and 
(ii) the implementation of metrics to 
measure 
community 
satisfaction 
con-
cerning the meaningful participation and 
interaction of the community with the de-
flection or diversion program and program 
stakeholders; 
(C) develop and publish a training and 
technical assistance tool kit for deflection or di-
version for public education purposes; 
(D) disseminate uniform criteria and 
standards for the delivery of deflection or diver-
sion program services; and 
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(E) develop outcome measures that can be 
used to continuously inform and improve social, 
clinical, financial and racial equity outcomes. 
(3) TERM.—The term of the grant awarded 
under paragraph (2) shall be 5 years. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the At-
torney General $30,000,000 for the grant under 
paragraph (2). 
SEC. 403. HOUSING. 
(a) IN GENERAL.—Section 576 of the Quality Hous-
ing and Work Responsibility Act of 1998 (42 U.S.C. 
13661) is amended by striking subsections (a), (b), and 
(c) and inserting the following: 
‘‘(a) INELIGIBILITY OF ILLEGAL DRUG USERS AND 
ALCOHOL ABUSERS.—Notwithstanding any other provi-
sion of law, a public housing agency or an owner of feder-
ally assisted housing, as determined by the Secretary, may 
only prohibit admission to the program or admission to 
federally assisted housing for an individual whom the pub-
lic housing agency or owner determines is illegally using 
a controlled substance or abusing alcohol if— 
‘‘(1) the agency or owner determines that the 
individual is using the controlled substance or abus-
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ing alcohol in a manner that interferes with the 
health or safety of other residents; and 
‘‘(2) the individual is not participating in a sub-
stance use disorder assessment and treatment. 
‘‘(b) AUTHORITY TO DENY ADMISSION TO CRIMINAL 
OFFENDERS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (a), in addition to any other authority to 
screen applicants, and subject to paragraphs (2) and 
(3) of this subsection, a public housing agency or an 
owner of federally assisted housing may only pro-
hibit admission to the program or to federally as-
sisted housing for an individual based on criminal 
activity of the individual if the public housing agency 
or owner determines that the individual, during a 
reasonable time preceding the date on which the in-
dividual would otherwise be selected for admission, 
was convicted of a crime involving conduct that 
threatens the health or safety of other residents. 
‘‘(2) EXCEPTIONS AND LIMITATIONS.—A con-
viction that has been vacated, a conviction the 
record of which has been sealed or expunged, or a 
conviction for a crime committed by an individual 
when the individual was less than 18 years of age, 
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100 
shall not be grounds for denial of admission under 
paragraph (1). 
‘‘(3) ADMISSION POLICY.— 
‘‘(A) FACTORS TO CONSIDER.—In evalu-
ating the criminal history of an individual 
under paragraph (1), a public housing agency 
or an owner of federally assisted housing shall 
consider— 
‘‘(i) whether an offense of which the 
individual was convicted bears a relation-
ship to the safety and security of other 
residents; 
‘‘(ii) the level of violence, if any, of an 
offense of which the individual was con-
victed; 
‘‘(iii) the length of time since a con-
viction; 
‘‘(iv) the number of convictions; 
‘‘(v) if the individual is in recovery for 
a substance use disorder, whether the indi-
vidual was under the influence of alcohol 
or illegal drugs at the time of an offense; 
and 
‘‘(vi) any rehabilitation efforts that 
the individual has undertaken since the 
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101 
time of a conviction, including completion 
of a substance use treatment program. 
‘‘(B) WRITTEN POLICY.—A public housing 
agency or an owner of federally assisted hous-
ing shall establish and make available to appli-
cants a written admission policy that enumer-
ates the specific factors, including the factors 
described in subparagraph (A), that will be con-
sidered when the public housing agency or 
owner evaluates the criminal history of an indi-
vidual under paragraph (1).’’. 
(b) UPDATING REGULATIONS.—The Secretary of 
Housing and Urban Development shall amend subpart I 
of part 5 of title 24, Code of Federal Regulations, as nec-
essary to implement the amendment made by subsection 
(a) of this section. 
SEC. 404. VETERANS TREATMENT COURTS. 
Section 2991 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10651) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A)— 
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102 
(I) by inserting ‘‘, substance use 
disorder,’’ after ‘‘mental health’’; and 
(II) by inserting ‘‘or adults or ju-
veniles with substance use disorders’’ 
after ‘‘mentally ill adults or juve-
niles’’; 
(ii) in subparagraph (A), by inserting 
‘‘or substance use’’ after ‘‘mental health’’; 
and 
(iii) in subparagraph (B), by inserting 
‘‘or substance use’’ after ‘‘mental health’’; 
(B) in paragraph (4)— 
(i) in subparagraph (A), by inserting 
‘‘or substance use disorder’’ after ‘‘mental 
health’’; and 
(ii) in subparagraph (C), by inserting 
‘‘or offenders with substance use dis-
orders’’ after ‘‘mentally ill offenders’’; 
(C) in paragraph (5)— 
(i) in the heading, by inserting ‘‘OR 
SUBSTANCE USE DISORDER’’ after ‘‘MEN-
TAL HEALTH’’; 
(ii) by striking ‘‘mental health agen-
cy’’ and inserting ‘‘mental health or sub-
stance use agency’’; and 
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103 
(iii) by inserting ‘‘, substance use 
services,’’ after ‘‘mental health services’’; 
(D) in paragraph (9)— 
(i) in subparagraph (A)— 
(I) in clause (i)— 
(aa) in subclause (I), by in-
serting ‘‘, a substance use dis-
order,’’ after ‘‘a mental illness’’; 
and 
(bb) in subclause (II), by in-
serting ‘‘, substance use dis-
order,’’ after ‘‘mental illness’’; 
and 
(II) in clause (ii)(II), by inserting 
‘‘or substance use’’ after ‘‘mental 
health’’; 
(E) by redesignating paragraph (11) as 
paragraph (12); and 
(F) by inserting after paragraph (10) the 
following: 
‘‘(11) SUBSTANCE USE COURT.—The term ‘sub-
stance use court’ means a judicial program that 
meets the requirements of part EE of this title.’’; 
(2) in subsection (b)— 
(A) in paragraph (2)— 
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104 
(i) in subparagraph (A), by inserting 
‘‘, substance use courts,’’ after ‘‘mental 
health courts’’; 
(ii) in subparagraph (B)— 
(I) by inserting ‘‘mental health 
disorders, substance use disorders, or’’ 
before ‘‘co-occurring mental illness 
and substance use problems’’; and 
(II) by striking ‘‘illnesses’’ and 
inserting 
‘‘disorders, 
illnesses, 
or 
problems’’; 
(iii) in subparagraph (C)— 
(I) in the matter preceding clause 
(i)— 
(aa) by striking ‘‘mental 
health agencies’’ and inserting 
‘‘mental health or substance use 
agencies’’; and 
(bb) by striking ‘‘and, where 
appropriate,’’ and inserting ‘‘or’’; 
and 
(II) in clause (i), by inserting ‘‘, 
substance use disorders,’’ after ‘‘men-
tal illness’’; and 
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105 
(iv) in subparagraph (D), by inserting 
‘‘or offender with a substance use dis-
order’’ after ‘‘mentally ill offender’’; and 
(B) in paragraph (5)— 
(i) in subparagraph (B)— 
(I) in clause (i)— 
(aa) by inserting ‘‘or sub-
stance use court’’ after ‘‘mental 
health court’’; and 
(bb) by striking ‘‘mental 
health agency’’ and inserting 
‘‘mental health or substance use 
agency’’; and 
(II) in clause (ii), by striking 
‘‘and substance use services for indi-
viduals 
with 
co-occurring 
mental 
health and substance use disorders’’ 
and inserting ‘‘or substance use serv-
ices’’; 
(ii) in subparagraph (C)— 
(I) in clause (i)(I), by inserting 
‘‘, substance use disorders,’’ after 
‘‘mental illness’’; 
(II) in clause (ii)— 
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106 
(aa) in subclause (II), by in-
serting ‘‘, substance use,’’ after 
‘‘mental health,’’; 
(bb) in subclause (V), by 
striking ‘‘mental health services’’ 
and inserting ‘‘mental health or 
substance use services’’; and 
(cc) in subclause (VI), by in-
serting ‘‘or individuals with sub-
stance use disorders’’ after ‘‘men-
tally ill individuals’’; 
(iii) in subparagraph (D), by inserting 
‘‘or offenders with substance use dis-
orders’’ after ‘‘mentally ill offenders’’; 
(iv) in subparagraph (E), by inserting 
‘‘or substance use disorders’’ after ‘‘mental 
illness’’; 
(v) in subparagraph (H), by striking 
‘‘and mental health’’ and inserting ‘‘, men-
tal health, and substance use’’; and 
(vi) in subparagraph (I)— 
(I) in clause (i)— 
(aa) in the heading, by in-
serting 
‘‘, 
SUBSTANCE
USE 
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107 
COURTS,’’ 
after 
‘‘MENTAL 
HEALTH COURTS’’; 
(bb) by inserting ‘‘or sub-
stance use courts’’ after ‘‘mental 
health courts’’; and 
(cc) by inserting ‘‘or part 
EE, as applicable,’’ after ‘‘part 
V’’; and 
(II) in clause (iv), by inserting 
‘‘or substance use’’ after ‘‘mental 
health’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘, of-
fenders with substance use disorders,’’ after 
‘‘mentally ill offenders’’; 
(B) in paragraph (2), by inserting ‘‘ and 
offenders with substance use disorders’’ after 
‘‘mentally ill offenders’’; and 
(C) in paragraph (3), by inserting ‘‘or sub-
stance use courts’’ after ‘‘mental health 
courts’’; 
(4) in subsection (e)— 
(A) in paragraph (1), by inserting ‘‘or sub-
stance use disorders’’ after ‘‘mental illness’’; 
and 
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108 
(B) in paragraph (4), by inserting ‘‘or sub-
stance use disorders’’ after ‘‘mental illness’’; 
(5) in subsection (h)— 
(A) in the heading, by inserting ‘‘AND OF-
FENDERS WITH SUBSTANCE USE DISORDERS’’ 
after ‘‘MENTALLY ILL OFFENDERS’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A), by inserting 
‘‘or substance use disorders’’ after ‘‘mental 
illnesses’’; 
(ii) in subparagraph (C), by inserting 
‘‘or offenders with substance use dis-
orders’’ after ‘‘mentally ill offenders’’; 
(iii) in subparagraph (D)— 
(I) by inserting ‘‘or substance 
use’’ after ‘‘mental health’’; and 
(II) by inserting ‘‘or offenders 
with substance use disorders’’ after 
‘‘mentally ill offenders’’; 
(iv) in subparagraph (E), by inserting 
‘‘or substance use disorders’’ after ‘‘mental 
illnesses’’; and 
(v) in subparagraph (F), by inserting 
‘‘, substance use disorders,’’ after ‘‘mental 
health disorders’’; and 
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