State Opioid Response Grant Authorization Act of 2020

IIB 116TH CONGRESS 2D SESSION H. R. 2466 IN THE SENATE OF THE UNITED STATES NOVEMBER 18, 2020 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT To extend the State Opioid Response Grants program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:17 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2466.RFS H2466 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 2466 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘State Opioid Response 2 Grant Authorization Act of 2020’’. 3 SEC. 2. GRANT PROGRAM FOR STATE AND TRIBAL RE- 4 SPONSE TO SUBSTANCE USE DISORDERS OF 5 SIGNIFICANCE. 6 (a) IN GENERAL.—Section 1003 of the 21st Century 7 Cures Act (42 U.S.C. 290ee–3 note) is amended to read 8 as follows: 9 ‘‘SEC. 1003. GRANT PROGRAM FOR STATE AND TRIBAL RE- 10 SPONSE TO SUBSTANCE USE DISORDERS OF 11 SIGNIFICANCE. 12 ‘‘(a) IN GENERAL.—The Secretary of Health and 13 Human Services (referred to in this section as the ‘Sec- 14 retary’) shall carry out the grant program described in 15 subsection (b) for purposes of addressing substance use 16 disorders of significance, including opioid and stimulant 17 use disorders, within States, Indian Tribes, and popu- 18 lations served by Tribal organizations and Urban Indian 19 organizations. 20 ‘‘(b) GRANTS PROGRAM.— 21 ‘‘(1) IN GENERAL.—The Secretary shall award 22 grants to States, Indian Tribes, Tribal organiza- 23 tions, and Urban Indian organizations for the pur- 24 pose of addressing substance use disorders of signifi- 25 cance, including opioid and stimulant use disorders, 26 VerDate Sep 11 2014 18:17 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2466.RFS H2466 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 2466 RFS within such States, such Indian Tribes, and popu- 1 lations served by such Tribal organizations and 2 Urban Indian organizations, in accordance with 3 paragraph (2). 4 ‘‘(2) MINIMUM ALLOCATIONS; PREFERENCE.— 5 In awarding grants under paragraph (1), the Sec- 6 retary shall— 7 ‘‘(A) ensure that each State and the Dis- 8 trict of Columbia receives not less than 9 $4,000,000; and 10 ‘‘(B) give preference to States, Indian 11 Tribes, Tribal organizations, and Urban Indian 12 organizations whose populations have an inci- 13 dence or prevalence of opioid use disorders that 14 is substantially higher relative to the popu- 15 lations of other States, Indian Tribes, Tribal 16 organizations, or Urban Indian organizations, 17 as applicable. 18 ‘‘(3) FORMULA METHODOLOGY.—Not less than 19 15 days before publishing a funding opportunity an- 20 nouncement with respect to grants under this sec- 21 tion, the Secretary shall— 22 ‘‘(A) develop a formula methodology to be 23 followed in allocating grant funds awarded 24 under this section among grantees, which in- 25 VerDate Sep 11 2014 18:17 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2466.RFS H2466 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 2466 RFS cludes performance assessments for continu- 1 ation awards; and 2 ‘‘(B) submit the formula methodology to— 3 ‘‘(i) the Committee on Energy and 4 Commerce and the Committee on Appro- 5 priations of the House of Representatives; 6 and 7 ‘‘(ii) the Committee on Health, Edu- 8 cation, Labor and Pensions and the Com- 9 mittee on Appropriations of the Senate. 10 ‘‘(4) USE OF FUNDS.—Grants awarded under 11 this subsection shall be used for carrying out activi- 12 ties that supplement activities pertaining to sub- 13 stance use disorders of significance, including opioid 14 and stimulant use disorders, undertaken by the 15 State agency responsible for administering the sub- 16 stance abuse prevention and treatment block grant 17 under subpart II of part B of title XIX of the Public 18 Health Service Act (42 U.S.C. 300x–21 et seq.), 19 which may include public health-related activities 20 such as the following: 21 ‘‘(A) Implementing prevention activities, 22 and evaluating such activities to identify effec- 23 tive strategies to prevent substance use dis- 24 orders. 25 VerDate Sep 11 2014 18:17 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2466.RFS H2466 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 2466 RFS ‘‘(B) Establishing or improving prescrip- 1 tion drug monitoring programs. 2 ‘‘(C) Training for health care practitioners, 3 such as best practices for prescribing opioids, 4 pain management, recognizing potential cases 5 of substance abuse, referral of patients to treat- 6 ment programs, preventing diversion of con- 7 trolled substances, and overdose prevention. 8 ‘‘(D) Supporting access to health care 9 services, including— 10 ‘‘(i) services provided by federally cer- 11 tified opioid treatment programs; 12 ‘‘(ii) outpatient and residential sub- 13 stance use disorder treatment services that 14 utilize medication-assisted treatment, as 15 appropriate; or 16 ‘‘(iii) other appropriate health care 17 providers to treat substance use disorders. 18 ‘‘(E) Recovery support services, including 19 community-based services that include peer sup- 20 ports, address housing needs, and address fam- 21 ily issues. 22 ‘‘(F) Other public health-related activities, 23 as the State, Indian Tribe, Tribal organization, 24 or Urban Indian organization determines appro- 25 VerDate Sep 11 2014 18:17 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2466.RFS H2466 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 2466 RFS priate, related to addressing substance use dis- 1 orders within the State, Indian Tribe, Tribal or- 2 ganization, or Urban Tribal organization, in- 3 cluding directing resources in accordance with 4 local needs related to substance use disorders. 5 ‘‘(c) ACCOUNTABILITY AND OVERSIGHT.—A State re- 6 ceiving a grant under subsection (b) shall include in re- 7 porting related to substance abuse submitted to the Sec- 8 retary pursuant to section 1942 of the Public Health Serv- 9 ice Act (42 U.S.C. 300x–52), a description of— 10 ‘‘(1) the purposes for which the grant funds re- 11 ceived by the State under such subsection for the 12 preceding fiscal year were expended and a descrip- 13 tion of the activities of the State under the grant; 14 and 15 ‘‘(2) the ultimate recipients of amounts pro- 16 vided to the State through the grant. 17 ‘‘(d) LIMITATIONS.—Any funds made available pur- 18 suant to subsection (i) shall be subject to the same re- 19 quirements as substance abuse prevention and treatment 20 programs under titles V and XIX of the Public Health 21 Service Act (42 U.S.C. 290aa et seq., 300w et seq.). 22 ‘‘(e) INDIAN TRIBES, TRIBAL ORGANIZATIONS, AND 23 URBAN INDIAN ORGANIZATIONS.—The Secretary, in con- 24 sultation with Indian Tribes, Tribal organizations, and 25 VerDate Sep 11 2014 18:17 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2466.RFS H2466 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 2466 RFS Urban Indian organizations, shall identify and establish 1 appropriate mechanisms for Indian Tribes, Tribal organi- 2 zations, and Urban Indian organizations to demonstrate 3 or report the information as required under subsections 4 (b), (c), and (d). 5 ‘‘(f) REPORT TO CONGRESS.—Not later than Sep- 6 tember 30, 2022, and biennially thereafter, the Secretary 7 shall submit to the Committee on Health, Education, 8 Labor, and Pensions of the Senate and the Committee on 9 Energy and Commerce of the House of Representatives, 10 and the Committees on Appropriations of the House of 11 Representatives and the Senate, a report summarizing the 12 information provided to the Secretary in reports made 13 pursuant to subsections (c) and (e), including the purposes 14 for which grant funds are awarded under this section and 15 the activities of such grant recipients. 16 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, in- 17 cluding through the Tribal Training and Technical Assist- 18 ance Center of the Substance Abuse and Mental Health 19 Services Administration, shall provide States, Indian 20 Tribes, Tribal organizations, and Urban Indian organiza- 21 tions, as applicable, with technical assistance concerning 22 grant application and submission procedures under this 23 section, award management activities, and enhancing out- 24 VerDate Sep 11 2014 18:17 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2466.RFS H2466 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 2466 RFS reach and direct support to rural and underserved commu- 1 nities and providers in addressing substance use disorders. 2 ‘‘(h) DEFINITIONS.—In this section: 3 ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ 4 has the meaning given the term ‘Indian tribe’ in sec- 5 tion 4 of the Indian Self-Determination and Edu- 6 cation Assistance Act (25 U.S.C. 5304). 7 ‘‘(2) TRIBAL ORGANIZATION.—The term ‘Tribal 8 organization’ has the meaning given the term ‘tribal 9 organization’ in section 4 of the Indian Self-Deter- 10 mination and Education Assistance Act (25 U.S.C. 11 5304). 12 ‘‘(3) URBAN INDIAN ORGANIZATION.—The term 13 ‘Urban Indian organization’ has the meaning given 14 to that term in section 4 of the Indian Health Care 15 Improvement Act (25 U.S.C. 1603). 16 ‘‘(4) STATE.—The term ‘State’ has the mean- 17 ing given such term in section 1954(b) of the Public 18 Health Service Act (42 U.S.C. 300x–64(b)). 19 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 20 ‘‘(1) IN GENERAL.—For purposes of carrying 21 out the grant program under subsection (b), there is 22 authorized to be appropriated $1,585,000,000 for 23 each of fiscal years 2021 through 2026, to remain 24 available until expended. 25 VerDate Sep 11 2014 18:17 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2466.RFS H2466 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 2466 RFS ‘‘(2) FEDERAL ADMINISTRATIVE EXPENSES.— 1 Of the amounts made available for each fiscal year 2 to award grants under subsection (b), the Secretary 3 shall not use more than 2 percent for Federal ad- 4 ministrative expenses, training, technical assistance, 5 and evaluation. 6 ‘‘(3) SET ASIDE.—Of the amounts made avail- 7 able for each fiscal year to award grants under sub- 8 section (b) for a fiscal year, the Secretary shall— 9 ‘‘(A) award 5 percent to Indian Tribes, 10 Tribal organizations, and Urban Indian organi- 11 zations; and 12 ‘‘(B) of the remaining amount, set aside 13 up to 15 percent for States with the highest 14 age-adjusted rate of drug overdose death based 15 on the ordinal ranking of States according to 16 the Director of the Centers for Disease Control 17 and Prevention.’’. 18 (b) CLERICAL AMENDMENT.—The table of sections 19 in section 1(b) of such Act is amended by striking the 20 item relating to section 1003 and inserting the following: 21 VerDate Sep 11 2014 18:17 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2466.RFS H2466 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 2466 RFS ‘‘Sec. 1003. Grant program for State and Tribal response to substance use dis- orders of significance.’’. Passed the House of Representatives November 17, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 18:17 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2466.RFS H2466 pamtmann on DSKBC07HB2PROD with BILLS