What This Bill Does
This bill updates federal laws about residential treatment programs for substance use disorders (addiction to drugs or alcohol) in prisons and jails. The bill requires that these programs can use medications approved by the government to treat addiction and that staff receive training on how to provide this treatment.
Who It Affects
Prisons and jails that receive federal funding for treatment programs. Chief medical officers and staff at these facilities. People incarcerated in prisons and jails. State governments that distribute federal funding to local correctional facilities.
Key Provisions
• Residential treatment programs must be allowed to use any medication approved by the government to treat substance use disorders, including medication-assisted treatment programs (Sec. 2(a)(1)(II))
• Staff at prisons and jails receiving federal funds must complete training on addiction science, medication treatment, detoxification (removing drugs from the body), and how to help people stay on medication after release (Sec. 2(a)(3)(E))
• Any prison or jail offering medication-assisted treatment must have a partnership with a provider who can prescribe medication to people after they are released (Sec. 2(a)(3)(h))
• States must give at least 10 percent of their federal funding to local jails and correction facilities (Sec. 2(a)(4)(A))
• States can use funding to pay for overdose reversal medications and to obtain required certifications for prescribing addiction treatment medications (Sec. 2(a)(4)(B))
What Changes
The bill replaces the term "substance abuse" with "substance use disorder" throughout the law. It requires that residential treatment programs use at least one approved medication or treatment for substance use disorders. It establishes new training requirements for medical staff at prisons and jails. It requires partnerships between facilities and outside providers to ensure people get medications after release. It authorizes $40,000,000 per year from 2023 through 2027 for these programs.
Important Definitions
Medication-assisted treatment: A treatment plan combining behavioral therapy (counseling) with an approved medication to treat substance use disorders.
Residential substance use disorder treatment program: Individual and group addiction treatment services in residential treatment facilities that follow guidelines published by the Bureau of Justice Assistance in November 2017 or as updated later.
Effective Date
Not specified in bill text
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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Residential Substance
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Use Disorder Treatment Act of 2023’’.
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•HR 238 IH
SEC. 2. RESIDENTIAL SUBSTANCE USE DISORDER TREAT-
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MENT PROGRAM.
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(a) AMENDMENTS.—Part S of title I of the Omnibus
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Crime Control and Safe Streets Act of 1968 (34 U.S.C.
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10421 et seq.) is amended—
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(1) in the part heading, by striking ‘‘SUB-
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STANCE ABUSE’’ and inserting ‘‘SUBSTANCE USE
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DISORDER’’;
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(2) in section 1901 (34 U.S.C. 10421)—
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(A) in subsection (a)—
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(i) in paragraph (1)—
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(I) by striking ‘‘substance abuse’’
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each place it appears and inserting
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‘‘substance use disorder’’; and
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(II) by inserting after ‘‘pro-
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grams’’ the following: ‘‘, including
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medication-assisted
treatment
pro-
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grams, which shall be permitted to
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use any type of medication that has
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been approved to treat substance use
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disorders pursuant to section 505 of
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the Federal Food, Drug, and Cos-
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metic Act (21 U.S.C. 355), or any
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type of biological product licensed
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under section 351 of the Public
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•HR 238 IH
Health Service Act (42 U.S.C. 262),’’;
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and
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(ii) in paragraph (3), by striking
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‘‘substance abuse’’ each place it appears
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and inserting ‘‘substance use disorder’’;
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(B) in subsection (b), by striking ‘‘sub-
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stance abuse’’ and inserting ‘‘substance use dis-
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order’’; and
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(C) in subsection (c)—
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(i) by striking ‘‘part for treatment’’
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and inserting ‘‘part for—
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‘‘(1) treatment’’;
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(ii) in paragraph (1), as so des-
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ignated, by striking the period at the end
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and inserting ‘‘; and’’; and
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(iii) by adding at the end the fol-
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lowing:
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‘‘(2) expanding residential substance use dis-
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order treatment programs to use not less than 1
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medication or treatment that has been approved to
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treat substance use disorders pursuant to section
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505 of the Federal Food, Drug, and Cosmetic Act
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(21 U.S.C. 355).’’;
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(3) in section 1902 (34 U.S.C. 10422)—
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(A) in subsection (b)—
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•HR 238 IH
(i) in the subsection heading, by strik-
1
ing ‘‘ABUSE’’ and inserting ‘‘USE’’; and
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(ii) by striking ‘‘substance abuse’’
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each place it appears and inserting ‘‘sub-
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stance use disorder’’;
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(B) in subsection (c), by striking ‘‘sub-
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stance abuse’’ each place it appears and insert-
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ing ‘‘substance use disorder’’;
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(C) in subsection (d), by striking ‘‘sub-
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stance abuse treatment’’ and inserting ‘‘sub-
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stance use disorder treatment’’;
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(D) in subsection (f), by striking ‘‘sub-
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stance abuse’’ and inserting ‘‘substance use dis-
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order’’; and
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(E) by adding at the end the following:
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‘‘(g) TRAINING REQUIREMENT.—
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‘‘(1) IN GENERAL.—To be eligible to receive
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funds under this part, the chief medical officer of
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the prison or jail or appropriate staff overseeing the
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program shall complete training, before or within a
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reasonable amount of time after receiving the funds,
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on, at a minimum—
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‘‘(A) the science of addiction;
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‘‘(B) the latest research and clinical guid-
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ance for detoxification and withdrawal manage-
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•HR 238 IH
ment and the treatment of substance use dis-
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orders in criminal justice settings;
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‘‘(C) strategies for continuity of care dur-
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ing and after incarceration;
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‘‘(D) an overview of—
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‘‘(i) all medications for the treatment
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of substance use disorders;
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‘‘(ii) how to obtain certification as an
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opioid treatment provider (OTP) or waiv-
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ers under the Controlled Substances Act
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(21 U.S.C. 801 et seq.) for prescribing cer-
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tain medications; and
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‘‘(iii) evidence-based behavioral thera-
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pies used in addition to medication to im-
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prove medication adherence and treatment
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outcomes; and
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‘‘(E) any other topic determined by the At-
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torney General, in coordination with the Sec-
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retary of Health and Human Services and in
19
consultation with experts in addiction science,
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to be a core element for successful training
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under this paragraph.
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‘‘(2) REQUIREMENT.—The training required
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under paragraph (1) shall include guidance on how
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to—
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•HR 238 IH
‘‘(A) engage relevant stakeholders;
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‘‘(B) identify available resources for, and
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gaps and barriers to, providing residential sub-
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stance use disorder treatment; and
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‘‘(C) develop a plan to overcome obstacles
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to administering and offering medication-as-
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sisted treatment.
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‘‘(h) PROVIDER AFFILIATION.—Any entity, including
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a prison or jail, that receives Federal funds for a program
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or activity that offers medication-assisted treatment shall
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have an affiliation with a provider that can—
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‘‘(1) prescribe not less than 1 medication-as-
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sisted treatment to patients after release from the
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entity; and
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‘‘(2) discuss the risks and benefits of, and alter-
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natives to, medication-assisted treatment with pa-
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tients.’’; and
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(4) in section 1904 (34 U.S.C. 10424)—
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(A) by amending subsection (c) to read as
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follows:
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‘‘(c) LOCAL ALLOCATION.—
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‘‘(1) IN GENERAL.—Not less than 10 percent of
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the total amount made available to a State under
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subsection (a) for any fiscal year shall be used by
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the State to make grants to local correctional and
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•HR 238 IH
detention facilities in the State (provided such facili-
1
ties exist therein).
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‘‘(2) JAIL-BASED SUBSTANCE USE TREATMENT
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PROGRAMS.—A jail-based substance use disorder
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treatment program described in paragraph (1) may
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be made available to any individual who is—
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‘‘(A) awaiting trial or is otherwise in pre-
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trial detention; or
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‘‘(B) serving a sentence of imprisonment in
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the jail.’’; and
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(B) by amending subsection (d) to read as
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follows:
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‘‘(d) EVIDENCE-BASED TREATMENTS.—
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‘‘(1) IN GENERAL.—A State may use amounts
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received under this part to—
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‘‘(A) provide any type of medication-as-
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sisted treatment that has been approved to
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treat substance use disorders pursuant to sec-
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tion 505 of the Federal Food, Drug, and Cos-
19
metic Act (21 U.S.C. 355), and any type of bio-
20
logical product licensed under section 351 of
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the Public Health Service Act (42 U.S.C. 262),
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and prescribe overdose reversal medications
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during the residential substance use disorder
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treatment program or after care;
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•HR 238 IH
‘‘(B) cover costs associated with the train-
1
ing required under section 1902(g);
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‘‘(C) obtain waivers under clause (ii) or
3
(iv) of section 303(g)(2)(G) of the Controlled
4
Substances Act (21 U.S.C. 823(g)(2)(G)); and
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‘‘(D) obtain certification as an opioid
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treatment provider (OTP) in accordance with
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part 8 of title 42, Code of Federal Regulations,
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or any successor thereto, or the prescription of
9
medications to treat substance use disorders.
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‘‘(2) DEFINITION.—In this subsection, the term
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‘medication-assisted treatment’ means a treatment
12
plan that combines behavioral therapy with any type
13
of medication that has been approved to treat sub-
14
stance use disorders pursuant to section 505 of the
15
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
16
355), or any type of biological product licensed
17
under section 351 of the Public Health Service Act
18
(42 U.S.C. 262).’’.
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(b) AUTHORIZATION OF APPROPRIATIONS.—Section
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1001(a)(17) of title I of the Omnibus Crime Control and
21
Safe Streets Act of 1968 (34 U.S.C. 10261(a)(17)) is
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amended to read as follows:
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•HR 238 IH
‘‘(17) There are authorized to be appropriated to
1
carry out the projects under part S $40,000,000 for each
2
of fiscal years 2023 through 2027.’’.
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(c) DEFINITION.—Section 901(25) of title I of the
4
Omnibus Crime Control and Safe Streets Act of 1968 (34
5
U.S.C. 10251(25)) is amended to read as follows:
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‘‘(25) the term ‘residential substance use dis-
7
order treatment program’ means a course of com-
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prehensive individual and group substance use dis-
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order treatment services in residential treatment fa-
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cilities that, to the greatest extent practicable, follow
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the guidance entitled, ‘Promising Practice Guidelines
12
for Residential Substance Abuse Treatment’, pub-
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lished in November 2017 by the Bureau of Justice
14
Assistance, or as thereafter amended to conform to
15
current standards of care;’’.
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Æ
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