[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2433 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2433
To reauthorize certain programs under the Substance Use-Disorder
Prevention that Promotes Opioid Recovery and Treatment for Patients and
Communities Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2023
Mr. Cassidy introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To reauthorize certain programs under the Substance Use-Disorder
Prevention that Promotes Opioid Recovery and Treatment for Patients and
Communities Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``SUPPORT for
Patients and Communities Reauthorization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REAUTHORIZATIONS
Sec. 101. First responder training.
Sec. 102. Pilot program for public health laboratories to detect
fentanyl and other synthetic opioids.
Sec. 103. Residential treatment programs for pregnant and postpartum
women.
Sec. 104. Prenatal and postnatal health.
Sec. 105. Plans of safe care.
Sec. 106. Loan repayment program for substance use disorder treatment
workforce.
Sec. 107. Youth prevention and recovery.
Sec. 108. Comprehensive opioid recovery centers.
Sec. 109. CDC surveillance and data collection for child, youth, and
adult trauma.
Sec. 110. Task force to develop best practices for trauma-informed
identification, referral, and support.
Sec. 111. Donald J. Cohen National child traumatic stress initiative.
Sec. 112. Surveillance and education regarding infections associated
with illicit drug use and other risk
factors.
Sec. 113. Building communities of recovery.
Sec. 114. Peer support technical assistance center.
Sec. 115. Preventing overdoses of controlled substances.
Sec. 116. CAREER Act.
TITLE II--OTHER PROVISIONS
Sec. 201. Delivery of a controlled substance by a pharmacy.
Sec. 202. Regulations relating to a special registration for
telemedicine.
Sec. 203. Review of at-home drug disposal systems.
Sec. 204. Report on at-home drug disposal systems.
Sec. 205. Ensuring State choice in PDMP systems.
Sec. 206. Mental health parity.
Sec. 207. State guidance on coverage for individuals with serious
mental illness and children with serious
emotional disturbance.
Sec. 208. Community mental health services block grant service
providers.
Sec. 209. Reports and studies on medication treatments for opioid use
disorder.
Sec. 210. FASD Respect Act.
TITLE I--REAUTHORIZATIONS
SEC. 101. FIRST RESPONDER TRAINING.
Section 546(h) of the Public Health Service Act (42 U.S.C. 290ee-
1(h)) is amended by striking ``2019 through 2023'' and inserting ``2024
through 2028''.
SEC. 102. PILOT PROGRAM FOR PUBLIC HEALTH LABORATORIES TO DETECT
FENTANYL AND OTHER SYNTHETIC OPIOIDS.
Section 7011(d) of the SUPPORT for Patients and Communities Act (42
U.S.C. 247d-10 note) is amended by striking ``2019 through 2023'' and
inserting ``2024 through 2028''.
SEC. 103. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND POSTPARTUM
WOMEN.
Section 508(s) of the Public Health Service Act (42 U.S.C. 290bb-
1(s)) is amended by striking ``2019 through 2023'' and inserting ``2024
through 2028''.
SEC. 104. PRENATAL AND POSTNATAL HEALTH.
Section 317L(d) of the Public Health Service Act (42 U.S.C. 247b-
13(d)) is amended by striking ``2019 through 2023'' and inserting
``2024 through 2028''.
SEC. 105. PLANS OF SAFE CARE.
Section 105(a)(7)(H) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106(a)(7)(H)) is amended by striking ``2023'' and
inserting ``2028''.
SEC. 106. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER TREATMENT
WORKFORCE.
Section 781(j) of the Public Health Service Act (42 U.S.C. 295h(j))
is amended by striking ``2019 through 2023'' and inserting ``2024
through 2028''.
SEC. 107. YOUTH PREVENTION AND RECOVERY.
Section 7102(c)(9) of the SUPPORT for Patients and Communities Act
(42 U.S.C. 290bb-7a(c)(9)) is amended by striking ``2019 through 2023''
and inserting ``2024 through 2028''.
SEC. 108. COMPREHENSIVE OPIOID RECOVERY CENTERS.
Section 552(j) of the Public Health Service Act (42 U.S.C. 290ee-
7(j)) is amended by striking ``2019 through 2023'' and inserting ``2024
through 2028''.
SEC. 109. CDC SURVEILLANCE AND DATA COLLECTION FOR CHILD, YOUTH, AND
ADULT TRAUMA.
Section 7131(e) of the SUPPORT for Patients and Communities Act (42
U.S.C. 242t(e)) is amended by striking ``2019 through 2023'' and
inserting ``2024 through 2028''.
SEC. 110. TASK FORCE TO DEVELOP BEST PRACTICES FOR TRAUMA-INFORMED
IDENTIFICATION, REFERRAL, AND SUPPORT.
Section 7132(i) of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended by striking ``2023'' and inserting
``2028''.
SEC. 111. DONALD J. COHEN NATIONAL CHILD TRAUMATIC STRESS INITIATIVE.
Section 582(j) of the Public Health Service Act (42 U.S.C. 290hh-
1(j)) (relating to grants to address the problems of persons who
experience violence-related stress) is amended by striking ``2019
through 2023'' and inserting ``2024 through 2028''.
SEC. 112. SURVEILLANCE AND EDUCATION REGARDING INFECTIONS ASSOCIATED
WITH ILLICIT DRUG USE AND OTHER RISK FACTORS.
Section 317N(d) of the Public Health Service Act (42 U.S.C. 247b-
15(d)) is amended by striking ``2019 through 2023'' and inserting
``2024 through 2028''.
SEC. 113. BUILDING COMMUNITIES OF RECOVERY.
Section 547(f) of the Public Health Service Act (42 U.S.C. 290ee-
2(f)) is amended by striking ``2019 through 2023'' and inserting ``2024
through 2028''.
SEC. 114. PEER SUPPORT TECHNICAL ASSISTANCE CENTER.
Section 547A(e) of the Public Health Service Act (42 U.S.C. 290ee-
2a(e)) is amended by striking ``2019 through 2023'' and inserting
``2024 through 2028''.
SEC. 115. PREVENTING OVERDOSES OF CONTROLLED SUBSTANCES.
Section 392A(e) of the Public Health Service Act (42 U.S.C. 280b-
1(e)) is amended by striking ``2019 through 2023'' and inserting ``2024
through 2028''.
SEC. 116. CAREER ACT.
Section 7183(k) of the SUPPORT for Patients and Communities Act (42
U.S.C. 290ee-8(k)) is amended by striking ``2019 through 2023'' and
inserting ``2024 through 2028''.
TITLE II--OTHER PROVISIONS
SEC. 201. DELIVERY OF A CONTROLLED SUBSTANCE BY A PHARMACY.
Section 309A(a) of the Controlled Substances Act (21 U.S.C.
829a(a)) is amended by striking paragraph (2) and inserting the
following:
``(2) the controlled substance is a drug in schedule II,
III, IV, or V and is--
``(A) to be administered for the purpose of
initiation, maintenance, or detoxification treatment;
or
``(B) subject to conditions of approval imposed by
the Food and Drug Administration pursuant to section
505-1 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355-1), which may require the drug to be
administered with post-administration monitoring by a
health care professional;''.
SEC. 202. REGULATIONS RELATING TO A SPECIAL REGISTRATION FOR
TELEMEDICINE.
Not later than 1 year after the date of enactment of this Act, the
Attorney General, in consultation with the Secretary of Health and
Human Services, shall promulgate the final regulations required under
section 311(h)(2) of the Controlled Substances Act (21 U.S.C.
831(h)(2)).
SEC. 203. REVIEW OF AT-HOME DRUG DISPOSAL SYSTEMS.
Section 505-1 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355-1) is amended by adding at the end the following:
``(n) At-Home Drug Disposal Standards and Systems.--
``(1) Establishment of at-home drug disposal standards.--
Not later than one year after the date of enactment of the
SUPPORT for Patients and Communities Reauthorization Act of
2023, the Secretary shall publish guidance to facilitate the
use of at-home safe disposal systems for drugs subject to a
risk evaluation and mitigation strategy that includes an
element described in subsection (e)(4).
``(2) Guidance.--The guidance under paragraph (1) shall
include--
``(A) recommended standards for effective at-home
disposal systems to meet the public health or non-
retrievability standard;
``(B) recommended information to include as
instruction for use to disseminate with at-home
disposal systems; and
``(C) best practices and educational tools to
support the use of an at-home disposal system.
``(3) Updates.--The Secretary shall update the guidance
under this subsection not less frequently than every 5
years.''.
SEC. 204. REPORT ON AT-HOME DRUG DISPOSAL SYSTEMS.
Subsection (n) of section 505-1 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355-1), as added by section 5, is amended by
adding at the end the following:
``(4) Report on at-home drug disposal systems.--
``(A) In general.--Not later than one year after
the date of enactment of the SUPPORT for Patients and
Communities Reauthorization Act of 2023, the Secretary,
in consultation with the Administrator of the Drug
Enforcement Administration, shall issue a report
outlining steps to improve access to at-home drug
disposal systems.
``(B) Report.--The report required under
subparagraph (A) shall include--
``(i) a review of commercially available
at-home drug disposal systems;
``(ii) current usage of at-home drug
disposal systems;
``(iii) any barriers to development,
including information necessary to
independently verify deactivation of
appropriate drugs and challenges with real
world testing;
``(iv) any barriers to distribution of at-
home drug disposal systems; and
``(v) best practices for educational
resources to inform distribution and use of at-
home drug disposal systems.''.
SEC. 205. ENSURING STATE CHOICE IN PDMP SYSTEMS.
Section 399O(h) of the Public Health Service Act (42 U.S.C. 280g-
3(h)) is amended by adding the following:
``(5) Ensuring state choice.--Nothing in this section shall
be construed to--
``(A) direct, require or encourage a State to use a
specific interstate data sharing program;
``(B) limit or prohibit the discretion of a PDMP to
utilize interoperability connections of its choice;
``(C) permit, encourage, or otherwise condition
Federal financial assistance to States based upon the
use of open architecture by PDMP systems or contracted
vendors; or
``(D) limit or prohibit the discretion of States to
utilize Federal financial assistance received under
this section to enter into arrangements with vendors of
their choice in order to carry out a program under this
section.''.
SEC. 206. MENTAL HEALTH PARITY.
(a) In General.--Not later than January 1, 2025, the Inspector
General of the Department of Labor, in coordination with the Inspector
General of the Department of Health and Human Services, shall report to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce and the Committee on Education
and the Workforce of the House of Representatives on the following:
(1) The non-quantitative treatment limit (referred to in
this section as ``NQTL'') requirements with respect to mental
health and substance use disorder benefits under group health
plans and health insurance issuers under section 2726(a)(8) of
the Public Health Service Act (42 U.S.C. 300gg-26(a)(8)),
section 712(a)(8) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185a(a)(8)), and section 9812(a)(8) of
the Internal Revenue Code of 1986 (referred to in this section
as the ``NQTL comparative analysis requirements''), and the
requirements for the Secretary of Health and Human Services,
the Secretary of Labor, and the Secretary of the Treasury to
issue regulations, a compliance program guide, and additional
guidance documents and tools providing guidance relating to
mental health parity requirements under section 2726(a) of the
Public Health Service Act (42 U.S.C. 300gg-26(a)), section
712(a) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1185a(a)), and section 9812(a) of the Internal
Revenue Code of 1986.
(2) With respect to the NQTL comparative analysis
requirements described in paragraph (1), an analysis of the
actions taken by the Secretary of Labor, the Secretary of the
Treasury, and the Secretary of Health and Human Services to
provide guidance to ensure that group health plans and health
insurance issuers can fully comply with mental health parity
requirements under section 2726 of the Public Health Service
Act (42 U.S.C. 300gg-26, section 712 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a), and section 9812
of the Internal Revenue Code of 1986 and the NQTL comparative
analysis requirements described in paragraph (1), including an
analysis of--
(A) the extent to which the Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health
and Human Services have fulfilled the requirement under
section 203(b) of division BB of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) to issue
the specific guidance and regulations pertaining to the
requirements for group health plans and health
insurance issuers to demonstrate compliance with the
NQTL comparative analysis requirements; and
(B) whether sufficient guidance and examples from
the Department of Labor and Department of Health and
Human Services, and the Department of the Treasury
exist to guide and assist group health plans and health
insurance issuers in complying with the requirements to
demonstrate compliance with mental health parity NQTL
comparative analysis requirements/under such sections
2726(a)(8), 712(a)(8), and 9812(a)(8).
(3) A review of the enforcement processes of the Department
of Labor and the Department of Health and Human Services to
evaluate the consistency of interpretation of the requirements
under section 2726(a)(8) of the Public Health Service Act (42
U.S.C. 300gg-26(a)(8)), section 712(a)(8) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1185a(a)(8)),
and section 9812(a)(8) of the Internal Revenue Code of 1986, in
particular with respect to processes utilized for enforcement,
actions or inactions that constitute noncompliance, and
avoidance among the agencies of duplication of enforcement,
including an evaluation of compliance with section 104 of the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191).
(4) A review of the implementation, by the Department of
Labor, Department of Health and Human Services, and Department
of the Treasury, of mental health parity requirements under
section 2726 of the Public Health Service Act (42 U.S.C. 300gg-
26), section 712 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1185a), and section 9812 of the Internal
Revenue Code of 1986, including all such requirements in effect
through the enactment of the Mental Health Parity Act of 1996
(Public Law 104-204), the Paul Wellstone and Pete Domenici
Mental Health Parity and Addiction Equity Act of 2008 (Public
Law 110-460), the 21st Century Cures Act (Public Law 114-255),
and the Consolidated Appropriations Act, 2023 (Public Law 117-
328) (including any amendments made by such Acts), and
including with respect to the timing of all actions, delays of
any actions, reasons for any such delays, mandated requirements
that were met only once but not each time such requirements
were mandated.
(b) Definitions.--In this section, the terms ``group health plan''
and ``health insurance issuer'' have the meanings given such terms in
section 733 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1191b).
SEC. 207. STATE GUIDANCE ON COVERAGE FOR INDIVIDUALS WITH SERIOUS
MENTAL ILLNESS AND CHILDREN WITH SERIOUS EMOTIONAL
DISTURBANCE.
(a) Review of Use of Certain Funding.--Not later than 180 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 conduct a review of the use by States
of funds made available under the Community Mental Health Services
Block Grant program under subpart I of part B of title XIX of the
Public Health Service Act (42 U.S.C. 300x et seq.) for First Episode
Psychosis activities. Such review shall consider the following:
(1) How the States use funds for evidence-based treatments
and services according to the standard of care for individuals
with serious mental illness, including the comprehensiveness of
such treatments to include all aspects of the recommended
intervention.
(2) How State mental health departments are coordinating
with State Medicaid departments in the delivery of the
treatments and services described in paragraph (1).
(3) What percentage of the State funding under the block
grant program is being applied toward First Episode Psychosis
in excess of 10 percent of the amount of the grant, as broken
down on a State-by-State basis. The review shall also identify
any States that fail to expend the required 10 percent of block
grant funds on First Episode Psychosis activities.
(4) How many individuals are served by the expenditures
described in paragraph (3), broken down on a per-capita basis.
(5) How the funds are used to reach individuals in
underserved populations, including individuals in rural areas
and individuals from minority groups.
(b) Report and Guidance.--
(1) Report.--Not later than 6 months after the completion
of the review under subsection (a), the Secretary of Health and
Human Services, acting through the Assistant Secretary for
Mental Health and Substance Use, shall submit to the Committee
on Appropriations, the Committee on Health, Education, Labor,
and Pensions, and the Committee on Finance of the Senate and to
the Committee on Appropriations and the Committee on Energy and
Commerce of the House of Representatives a report on the
findings made as a result of the review conducted under
subsection (a). Such report shall include any recommendations
with respect to any changes to the Community Mental Health
Services Block Grant program, including the set aside required
for First Episode Psychosis, that would facilitate improved
outcomes for the targeted population involved.
(2) Guidance.--Not later than 1 year after the date on
which the report is submitted under paragraph (1), the
Secretary of Health and Human Services, acting through the
Assistant Secretary for Mental Health and Substance Use, shall
update the guidance provided to States under the Community
Mental Health Services Block Grant program based on the
findings and recommendations of the report.
(c) Technical Assistance.--The Director of the National Institute
of Mental Health shall coordinate with the Assistant Secretary for
Mental Health and Substance Use in providing technical assistance to
State grantees and provider subgrantees in the delivery of services for
First Episode Psychosis under the Community Mental Health Services
Block Grant program.
(d) Guidance for States Relating to Coverage Recommendations of
Health Care Services and Interventions for Individuals With Serious
Mental Illness and Children With Serious Emotional Disturbance.--Not
later than 2 years after the date of enactment of this Act, the
Administrator of the Centers for Medicare & Medicaid Services, jointly
with the Assistant Secretary for Mental Health and Substance Use and
the Director of the National Institute of Mental Health--
(1) shall provide updated guidance to States concerning--
(A) coverage recommendations relating to health
care services and interventions for individuals with
serious mental illness, specifically First Episode
Psychosis; and
(B) the manner in which Federal funding provided to
States through programs administered by such agencies,
including the Community Mental Health Services Block
Grant program under subpart I of part B of title XIX of
the Public Health Service Act (42 U.S.C. 300x et seq.),
may be coordinated to support individuals with serious
mental illness and serious emotional disturbance; and
(2) may streamline relevant State reporting requirements if
such streamlining would result in making it easier for States
to coordinate funding under the programs described in paragraph
(1)(B) to improve treatments for individuals with serious
mental illness and serious emotional disturbance.
SEC. 208. COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT SERVICE
PROVIDERS.
Subpart I of part B of title XIX of the Public Health Service Act
is amended--
(1) in section 1913(b)(1) (42 U.S.C. 300x-2(b)(1)), by
inserting ``, and which may include, at the discretion of the
State, appropriate programs operated by for-profit entities''
after ``consumer-directed programs''; and
(2) in section 1916(a)(5) (42 U.S.C. 300x-5(a)(5)), by
inserting ``, or a for-profit entity selected by a State
pursuant to section 1913(b)(1)'' before the period at the end.
SEC. 209. REPORTS AND STUDIES ON MEDICATION TREATMENTS FOR OPIOID USE
DISORDER.
(a) NIH Study on Methadone Treatment.--Not later than 6 months
after the date of the enactment of this Act, and every 6 months
thereafter, the Director of the National Institutes of Health--
(1) shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on
ongoing and new clinical studies conducted or funded by the
National Institutes of Health on the access to, safety of, and
efficacy of methadone treatment for opioid use disorder in
accredited and certified opioid treatment programs and in other
programs or settings; and
(2) in conjunction with the Administrator of the Drug
Enforcement Administration, shall brief the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives on--
(A) interim results from the studies described in
paragraph (1); and
(B) any barriers that may prevent adequate and
timely enrollment of patients in any new clinical study
described in paragraph (1).
(b) Study on Medication Treatments for Opioid Use Disorders.--The
Secretary of Health and Human Services, acting through the Assistant
Secretary for Mental Health and Substance Use, shall--
(1) study--
(A) the early impact on access to medication
treatment for opioid use disorder and opioid-related
overdose deaths through buprenorphine prescribing
pursuant to section 303(g) of the Controlled Substances
Act (21 U.S.C. 823(g)), as amended by section 1262 of
title I of division FF of the Mental Health and Well-
Being Act of 2022;
(B) an updated analysis of the effect of methadone
on opioid-related overdose death rates, disaggregated
by State;
(C) the number of patients with opioid use disorder
who are prescribed no medication for such disorder, and
the number of patients with opioid use disorder who are
prescribed naltrexone, buprenorphine, or methadone,
respectively, at each opioid treatment program;
(D) the prevalence of patients with opioid use
disorder, disaggregated by county and the number of
patients with opioid use disorder in each county;
(E) the number of addiction psychiatrists and
addiction medicine physicians within a county who are
not affiliated with an opioid treatment program and,
with respect to such psychiatrists and physicians--
(i) whether such providers accept new
patients;
(ii) which types of health insurance are
accepted by such providers; and
(iii) wait times for new appointments; and
(F) a survey of retail pharmacies nationwide,
disaggregated by State, to determine which pharmacies
serve as methadone dispensing units for opioid
treatment programs, and which such pharmacies are
interested in stocking or dispensing methadone; and
(2) submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives--
(A) not later than the earlier of 18 months after
the date of the enactment of this Act or June 1, 2025,
an initial report on the study under paragraph (1); and
(B) not later than December 31, 2025, a final
report on the study under paragraph (1).
SEC. 210. FASD RESPECT ACT.
(a) In General.--Part O of title III of the Public Health Service
Act (42 U.S.C. 280f et seq.) is amended--
(1) by amending the part heading to read as follows:
``fetal alcohol spectrum disorders prevention and services
program'';
(2) in section 399H (42 U.S.C. 280f)--
(A) in the section heading, by striking
``establishment of fetal alcohol syndrome prevention''
and inserting ``fetal alcohol spectrum disorders
prevention, intervention,'';
(B) by striking ``Fetal Alcohol Syndrome and Fetal
Alcohol Effect'' each place it appears and inserting
``FASD'';
(C) in subsection (a)--
(i) by amending the heading to read as
follows: ``In General'';
(ii) in the matter preceding paragraph
(1)--
(I) by inserting ``or continue
activities to support'' after ``shall
establish'';
(II) by striking ``FASD'' (as
amended by subparagraph (B)) and
inserting ``fetal alcohol spectrum
disorders (referred to in this section
as `FASD')'';
(III) by striking ``prevention,
intervention'' and inserting
``awareness, prevention,
identification, intervention,''; and
(IV) by striking ``that shall'' and
inserting ``, which may'';
(iii) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by striking ``medical
schools'' and inserting
``health professions schools'';
and
(bb) by inserting
``infants,'' after ``provision
of services for''; and
(II) in subparagraph (D), by
striking ``medical and mental'' and
inserting ``agencies providing'';
(iv) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by striking ``a
prevention and diagnosis program to
support clinical studies,
demonstrations and other research as
appropriate'' and inserting
``supporting and conducting research on
FASD, as appropriate, including'';
(II) in subparagraph (B)--
(aa) by striking
``prevention services and
interventions for pregnant,
alcohol-dependent women'' and
inserting ``culturally and
linguistically informed
evidence-based or practice-
based interventions and
appropriate societal supports
for preventing prenatal alcohol
exposure, which may co-occur
with exposure to other
substances''; and
(bb) by striking ``; and''
and inserting a semicolon;
(v) by striking paragraph (3) and inserting
the following:
``(3) integrating into surveillance practice an evidence-
based standard case definition for fetal alcohol syndrome and,
in collaboration with other Federal and outside partners,
support organizations of appropriate medical and mental health
professionals in their development and refinement of evidence-
based clinical diagnostic guidelines and criteria for all fetal
alcohol spectrum disorders; and
``(4) building State and Tribal capacity for the
identification, treatment, and support of individuals with FASD
and their families, which may include--
``(A) utilizing and adapting existing Federal,
State, or Tribal programs to include FASD
identification and FASD-informed support;
``(B) developing and expanding screening and
diagnostic capacity for FASD;
``(C) developing, implementing, and evaluating
targeted FASD-informed intervention programs for FASD;
``(D) increasing awareness of FASD;
``(E) providing training with respect to FASD for
professionals across relevant sectors; and
``(F) disseminating information about FASD and
support services to affected individuals and their
families.'';
(D) in subsection (b)--
(i) by striking ``described in section
399I'';
(ii) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(2) Eligible entities.--To be eligible to receive a
grant, or enter into a cooperative agreement or contract, under
this section, an entity shall--
``(A) be a State, Indian Tribe or Tribal
organization, local government, scientific or academic
institution, or nonprofit organization; and
``(B) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require, including a description of the activities that
the entity intends to carry out using amounts received
under this section.
``(3) Additional application contents.--The Secretary may
require that an entity using amounts from a grant, cooperative
agreement, or contract under this section for an activity under
subsection (a)(4) include in the application for such amounts
submitted under paragraph (2)(B)--
``(A) a designation of an individual to serve as a
FASD State or Tribal coordinator of such activity; and
``(B) a description of an advisory committee the
entity will establish to provide guidance for the
entity on developing and implementing a statewide or
Tribal strategic plan to prevent FASD and provide for
the identification, treatment, and support of
individuals with FASD and their families.'';
(E) by striking subsections (c) and (d); and
(F) by adding at the end the following:
``(c) Definition of FASD-Informed.--For purposes of this section,
the term `FASD-informed', with respect to support or an intervention
program, means that such support or intervention program uses
culturally and linguistically informed evidence-based or practice-based
interventions and appropriate societal supports to support an improved
quality of life for an individual with FASD and the family of such
individual.''; and
(3) by striking sections 399I, 399J, and 399K (42 U.S.C.
280f-1, 280f-2, 280f-3) and inserting the following:
``SEC. 399I. FETAL ALCOHOL SPECTRUM DISORDERS CENTERS FOR EXCELLENCE.
``(a) In General.--The Secretary shall, as appropriate, award
grants, cooperative agreements, or contracts to public or nonprofit
entities with demonstrated expertise in the prevention of,
identification of, and intervention services with respect to, fetal
alcohol spectrum disorders (referred to in this section as `FASD') and
other related adverse conditions. Such awards shall be for the purposes
of establishing Fetal Alcohol Spectrum Disorders Centers for Excellence
to build local, Tribal, State, and national capacities to prevent the
occurrence of FASD and other related adverse conditions, and to respond
to the needs of individuals with FASD and their families by carrying
out the programs described in subsection (b).
``(b) Programs.--An entity receiving an award under subsection (a)
may use such award for the following purposes:
``(1) Initiating or expanding diagnostic capacity for FASD
by increasing screening, assessment, identification, and
diagnosis.
``(2) Developing and supporting public awareness and
outreach activities, including the use of a range of media and
public outreach, to raise public awareness of the risks
associated with alcohol consumption during pregnancy, with the
goals of reducing the prevalence of FASD and improving the
developmental, health (including mental health), and
educational outcomes of individuals with FASD and supporting
families caring for individuals with FASD.
``(3) Acting as a clearinghouse for evidence-based
resources on FASD prevention, identification, and culturally
and linguistically informed best practices, including the
maintenance of a national data-based directory on FASD-specific
services in States, Indian Tribes, and local communities, and
disseminating ongoing research and developing resources on FASD
to help inform systems of care for individuals with FASD across
their lifespan.
``(4) Increasing awareness and understanding of
efficacious, evidence-based FASD screening tools and
culturally- and linguistically-appropriate evidence-based
intervention services and best practices, which may include by
conducting national, regional, State, Tribal, or peer cross-
State webinars, workshops, or conferences for training
community leaders, medical and mental health and substance use
disorder professionals, education and disability professionals,
families, law enforcement personnel, judges, individuals
working in financial assistance programs, social service
personnel, child welfare professionals, and other service
providers.
``(5) Improving capacity for State, Tribal, and local
affiliates dedicated to FASD awareness, prevention, and
identification and family and individual support programs and
services.
``(6) Providing technical assistance to grantees under
section 399H, as appropriate.
``(7) Carrying out other functions, as appropriate.
``(c) Application.--To be eligible for a grant, contract, or
cooperative agreement under this section, an entity shall submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
``(d) Subcontracting.--A public or private nonprofit entity may
carry out the following activities required under this section through
contracts or cooperative agreements with other public and private
nonprofit entities with demonstrated expertise in FASD:
``(1) Prevention activities.
``(2) Screening and identification.
``(3) Resource development and dissemination, training and
technical assistance, administration, and support of FASD
partner networks.
``(4) Intervention services.
``SEC. 399J. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2024 through
2028.''.
(b) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report on the efforts of the Department of Health and
Human Services to advance public awareness on, and facilitate the
identification of best practices related to, fetal alcohol spectrum
disorders identification, prevention, treatment, and support.
(c) Technical Amendment.--Section 519D of the Public Health Service
Act (42 U.S.C. 290bb-25d) is repealed.
<all>