H.R. 5724 – Reading Mode

115th CONGRESS

2d Session

H. R. 5724

IN THE HOUSE OF REPRESENTATIVES

May 9, 2018

Mr. Rohrabacher introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Fair Housing Act to clarify the applicability of that Act to recovery facilities, and for other purposes.

Short title

This Act may be cited as the Restoring Community Oversight of Sober Living Homes Act of 2018.

Zoning and licensing of recovery facilities

Section 807 of the Fair Housing Act (42 U.S.C. 3607) is amended by adding at the end the following:

(c)

Nothing in this title or any other Federal law relating to protections for those with disabilities prohibits any State or local government from implementing laws, regulations, or ordinances that apply specifically to recovery facilities located in residentially zoned areas, including a law, regulation, or ordinance which prohibits recovery facilities in residentially zoned areas.

Fair Housing Act definitions

Section 802 of the Fair Housing Act (42 U.S.C. 3602) is amended—

(1)

in subsection (b), by inserting before the period at the end the following: , except that such term does not include any building, structure, or portion thereof that is located in a residentially zoned area and is used as a recovery facility; and

(2)

by adding at the end the following:

(p)

Recovery facility means a building, structure, or portion thereof that is occupied by a person who is handicapped due to drug addiction or alcoholism, and for which a condition of such occupancy of such building, structure, or portion thereof is that it remains free of controlled substances and alcohol.

Requirements for recovery facilities as a condition for certain Federal funding

(a)

In general

A recovery facility in a residential zone may not receive direct or indirect payments or reimbursements or other remunerations from a Federal health care program unless—

(1)

the recovery facility is in compliance with State and local laws, regulations, or ordinances that apply within the zone where the recovery facility is located; and

(2)

the local government with jurisdiction over the zone in which the recovery facility is located certifies to the Secretary of Health and Human Services that the recovery facility is in compliance with State and local laws, regulations, or ordinances that apply within the zone where the recovery facility is located.

(b)

Definitions

In this section:

(1)

Federal health care program

The term Federal health care program has the meaning given such term in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a7b(f)).

(2)

Recovery facility

The term recovery facility has the meaning given such term in section 802 of the Fair Housing Act (42 U.S.C. 3602), as amended by section 3.

Removing substance use disorder services as an essential health benefit

Section 1302(b)(1)(E) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(b)(1)(E)) is amended by striking and substance use disorder.

Effective date

This Act, and the amendments made by this Act, shall take effect on the date that is 90 days after the date of the enactment of this Act.