[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3130 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3130
To establish education partnership programs between public schools and
public health agencies to prevent the misuse and overdose of synthetic
opioids by youth, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2025
Ms. Bonamici (for herself, Mr. Wittman, Mr. Neguse, and Mr. Van Drew)
introduced the following bill; which was referred to the Committee on
Education and Workforce, 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 establish education partnership programs between public schools and
public health agencies to prevent the misuse and overdose of synthetic
opioids by youth, 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 ``Fentanyl Awareness
for Children and Teens in Schools Act'' or the ``FACTS Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--PARTNERSHIP GRANTS FOR LOCAL AND STATE EDUCATIONAL AGENCIES
Sec. 101. Synthetic opioid misuse and overdose education, awareness,
and prevention pilot program.
Sec. 102. Authorization of appropriations; reservation.
TITLE II--ESTABLISHMENT OF AN INTERAGENCY TASK FORCE
Sec. 201. Interagency Task Force on Preventing Synthetic Opioid Misuse
and Overdose Among Youth.
Sec. 202. Rule of construction.
TITLE III--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
Sec. 301. Professional development for school personnel.
Sec. 302. Amendments to local educational agency plans.
Sec. 303. Amendments to State educational agency plans.
TITLE IV--AMENDMENTS TO DEPARTMENT OF EDUCATION DATA COLLECTION
Sec. 401. National Center for Education Statistics School Crime and
Safety Data.
TITLE V--SCHOOL-BASED HEALTH CENTERS AND REPORTING
Sec. 501. Naloxone in school-based health centers.
Sec. 502. Amendments to the Monitoring the Future survey.
Sec. 503. Youth Risk Behavior Survey.
Sec. 504. Evaluation of the effectiveness and reach of the State
Unintentional Drug Overdose Reporting
System.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) establish education partnership programs between public
schools and public health agencies to prevent the misuse of and
overdose with synthetic opioids by youth;
(2) develop a whole-of-government approach to identify and
disseminate best practices in education and prevention
regarding the misuse of and overdose with synthetic opioids by
youth;
(3) increase opportunities for employees of elementary and
secondary schools receiving Federal funds to receive
professional development on the dangers of the misuse of and
overdose with synthetic opioids by youth; and
(4) improve the availability and usability of data
regarding the proliferation of synthetic opioids.
SEC. 3. DEFINITIONS.
In this Act:
(1) Classified school employee.--The term ``classified
school employee'' means an employee of a State or of any
political subdivision of a State, or an employee of a nonprofit
organization, who works in any grade from prekindergarten
through high school in any of the following occupational
specialties:
(A) Paraprofessional, including paraeducator
services.
(B) Clerical and administrative services.
(C) Transportation services.
(D) Food and nutrition services.
(E) Custodial and maintenance services.
(F) Security services.
(G) Health and student services.
(H) Technical services.
(I) Skilled trades.
(2) ESEA terms.--The terms ``educational service agency'',
``evidence-based'', ``local educational agency'', ``parent'',
``secondary school'', and ``State'' have the meanings given the
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(3) Secretary.--The term ``Secretary'', unless otherwise
specified, refers to the Secretary of Health and Human
Services.
(4) Synthetic opioids.--The term ``synthetic opioids''
means substances, including fentanyl and any substituted
derivative of fentanyl, that--
(A) are synthesized in a laboratory; and
(B) act on the same targets in the brain as natural
opioids to produce analgesic effects.
TITLE I--PARTNERSHIP GRANTS FOR LOCAL AND STATE EDUCATIONAL AGENCIES
SEC. 101. SYNTHETIC OPIOID MISUSE AND OVERDOSE EDUCATION, AWARENESS,
AND PREVENTION PILOT PROGRAM.
(a) In General.--The Secretary, in consultation with the Secretary
of Education, shall administer a pilot program to eligible partnerships
to provide financial assistance for the prevention of, treatment of,
and recovery from, disorders stemming from the misuse of synthetic
opioids by secondary school-aged children.
(b) Definitions.--In this section:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership of--
(A) a local educational agency, a State educational
agency, a Bureau of Indian Education school, an
educational service agency, or a consortium of entities
that includes a State, local, territorial, or Tribal
education agency or organization seeking to establish
or expand a program to reduce the misuse of synthetic
opioids and establish recovery programs or services for
children, adolescents, and young adults; and
(B) a State, local, territorial, or Tribal health
agency or organization, a qualified nongovernmental
entity with appropriate expertise in providing
substance use disorder education, prevention, and
treatment services or programs for secondary school-
aged children, as defined by the Secretary, or a
consortium of entities that includes a State, local,
territorial, or Tribal health agency or organization.
(2) Recovery program.--The term ``recovery program'' means
a program--
(A) to help secondary school-aged children who are
recovering from substance use disorders to initiate,
stabilize, and maintain healthy and productive lives in
the community; and
(B) that includes peer-to-peer support delivered by
individuals with lived experience in recovery, and
communal activities to build recovery skills and
supportive social networks.
(c) Pilot Program Authorized.--The Secretary, in consultation with
the Secretary of Education, shall award 3-year grants, on a competitive
basis, to up to 25 eligible partnerships to enable such partnerships to
prevent the misuse of synthetic opioids by secondary school-aged
children.
(d) Use of Funds.--An eligible partnership that receives a grant
under this section shall use amounts made available through such grant
for evidence-based activities, which may include any of the following:
(1) Developing evidence-based materials for teachers to use
as a component of classroom instruction, and sharing these
materials with parents and families.
(2) Designing evidence-based professional development for
teachers, school leaders, specialized instructional support
personnel, classified school employees, and other school staff
members.
(3) Developing in- and out-of-school workshops and
accessible and tailored content for students, families, and
teachers to attain information about the misuse of synthetic
opioids.
(4) Creating efficient and effective multimedia
communication campaigns, including through social media, to
maximize outreach efforts to students, parents, and families.
(5) Awarding contracts to nonprofit organizations--
(A) specializing in substance misuse prevention
education efforts;
(B) with demonstrated success in reaching,
engaging, and supporting local and State educational
agencies, Bureau of Indian Education schools, and other
schools; and
(C) with expertise in designing recovery programs
for synthetic opioid misuse and overdose prevention.
(6) Establishing peer-to-peer counseling programs for
students at secondary schools to support the work of school-
based mental health professionals in preventing the misuse of
synthetic opioids.
(7) Other purposes as may be specified by the Secretary.
(e) Applications and Assurances.--To seek a grant under this
section, an eligible partnership shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require, which shall include the
following:
(1) A description, containing qualitative and quantitative
information, of the existing need for such a grant in the area
proposed to be served through the grant, which description may
include information on--
(A) the rate of misuse of and overdoses
attributable to synthetic opioids among youth under the
age of 21;
(B) if available, data indicating the trend of
synthetic opioid misuse and overdoses among youth under
the age of 21 over the past 5 years; and
(C) the availability of synthetic opioids.
(2) A description of the initiatives, activities, or
programs the eligible partnership will fund through the grant,
including how such initiatives, activities, or programs will
reduce the misuse of and overdoses attributable to synthetic
opioids in the area proposed to be served through the grant.
(3) A description of how the eligible partnership will
establish a local interagency agreement to ensure adequate and
effective collaboration among entities in the partnership to
carry out the initiatives, activities, or programs described in
paragraph (2).
(4) A description of how the initiatives, activities, or
programs described in paragraph (2) will be linguistically
appropriate and culturally responsive for students and families
served by the eligible partnership.
(5) A description of how the initiatives, activities, or
programs described in paragraph (2) will support students and
families served by the eligible partnership in reversing
individual and community-wide effects of synthetic opioid
misuse and overdoses.
(6) An assurance that--
(A) persons providing services through the grant
awarded to the eligible partnership will be adequately
trained to provide such services; and
(B) teachers, school leaders, administrators,
specialized instructional support personnel,
representatives of local Indian Tribes or Tribal
organizations as appropriate, other school personnel,
and parents or guardians of students participating in
services funded through a grant under this section will
be engaged in the design and implementation of the
initiatives, activities, or programs described in
paragraph (2).
(7) A description of how the eligible partnership will
support and integrate existing school, local educational
agency, and State initiatives, activities, or programs with the
initiatives, activities, or programs described in paragraph (2)
to provide synthetic opioid misuse and overdose prevention
services for students, as appropriate.
(f) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that have a higher rate of
youth illicit drug use, including the use of fentanyl and other
synthetic opioids.
(g) Distribution of Awards.--Subject to subsection (f), the
Secretary shall ensure that grants awarded under this section are
equitably distributed among the geographical regions of the United
States and among Tribal, urban, suburban, and rural populations.
(h) Supplement, Not Supplant.--Any services provided through
initiatives, activities, or programs carried out under this section
shall supplement, not supplant, other Federal or State funds available
to carry out activities described in this title.
(i) Accountability.--
(1) Review.--In accordance with section 102(b), the
Secretary shall regularly review the initiatives, activities,
or programs of eligible partnerships receiving a grant under
this section to ensure that such partnerships are using the
grant for the purposes for which it was provided.
(2) Notification of reports.--Not later than 90 days after
the Secretary awards grants for the first year of the program
under this section, the Secretary shall--
(A) require eligible partnerships receiving a grant
under this section to submit reports, on an annual
basis, detailing the initiatives, activities, or
programs funded through such grant; and
(B) notify such eligible partnerships of such
reporting requirement.
(3) Timeline of reports.--Each eligible partnership
receiving a grant under this section shall submit the first
report described in paragraph (2) to the Secretary not later
than one year after receiving a grant under this section.
(4) Content of reports.--Each report required under
paragraph (2) shall include, at minimum, the following
information:
(A) The effectiveness of the grant awarded under
this section in reducing synthetic opioid misuse and
overdose among the students served by the eligible
partnership.
(B) Details regarding the initiatives, activities,
or programs funded through the grant and further
details about any subgrants awarded by the eligible
partnership to help carry out planned initiatives,
activities, or programs.
(C) To the extent practicable, narrative statements
from teachers, school leaders, specialized
instructional support personnel, or other relevant
stakeholders describing the process of implementing the
initiatives, activities, or programs developed through
the grant.
(D) If applicable, any challenges faced by the
eligible partnership in reaching or engaging parents,
students, teachers, school leaders, specialized
instructional support personnel, and other relevant
stakeholders with the initiatives, activities, or
programs developed through the grant.
(E) Any other information the Secretary may
require.
(5) Submission of reports.--Not later than 180 days after
receiving reports from eligible partnerships receiving a grant
under this section, the Secretary shall submit such reports and
a brief overview of the data and outcomes described in such
reports to the Committees on Education and Workforce and Energy
and Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate.
(j) Publication of Programs.--Each eligible partnership receiving a
grant under this section shall--
(1) post on the eligible partnership's website the
initiatives, activities, and programs supported through the
grant; and
(2) disseminate to families served by the eligible
partnership, in widely accessible formats, content from and
information about such initiatives, activities, and programs.
(k) Sharing of Best Practices.--The Secretary shall--
(1) collect content from and information about all
initiatives, activities, and programs developed by each
eligible partnerships through a grant under this section; and
(2) in conjunction with the Secretary of Education, make
such content and information publicly available and widely
accessible.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
(a) Authorization.--There is authorized to be appropriated to carry
out section 101 such sums as may be necessary for each of fiscal years
2026 through 2028.
(b) Reservation for Evaluation and Technical Assistance.--The
Secretary may reserve not more than 5 percent of the funds appropriated
under subsection (a) for any fiscal year to--
(1) conduct a rigorous, independent evaluation of the
initiatives, activities, or programs funded under section 101;
(2) provide technical assistance and share best practices
with respect to initiatives, activities, or programs that are
developed by eligible partnerships through grants under section
101; and
(3) provide technical assistance to eligible partnerships
applying for a grant under section 101, through the use of
webinars, direct emails, mailed outreach, and other strategies
designed to reach underserved eligible partnerships, including
eligible partnerships located in rural and remote areas.
TITLE II--ESTABLISHMENT OF AN INTERAGENCY TASK FORCE
SEC. 201. INTERAGENCY TASK FORCE ON PREVENTING SYNTHETIC OPIOID MISUSE
AND OVERDOSE AMONG YOUTH.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a task force, to
be known as the Interagency Task Force on Preventing Opioid Misuse and
Overdose Among Youth (in this section referred to as the ``Task
Force'') to identify, evaluate, and make recommendations to coordinate
and improve Federal responses to synthetic opioid overdose and misuse
in youth.
(b) Membership.--The membership of the Task Force shall include--
(1) the officials serving under paragraphs (1) through (9)
of subsection (c); and
(2) the members serving under paragraphs (10), (11), and
(12) of subsection (c), to be appointed by the Secretary.
(c) Composition.--The Task Force shall be composed of at least 12,
but not more than 17, members as follows:
(1) The Secretary of Health and Human Services, who shall
serve as Chair of the Task Force.
(2) The Secretary of Education.
(3) The Assistant Secretary for Mental Health and Substance
Use.
(4) The Assistant Secretary for Children and Families.
(5) The Director of the Centers for Disease Control and
Prevention.
(6) The Assistant Secretary for Elementary and Secondary
Education.
(7) The Director of the Agency for Healthcare Research and
Quality.
(8) The Surgeon General of the United States.
(9) The Director of the National Institute of Mental Health
of the National Institutes of Health.
(10) At least two, and not more than three, non-Federal
representatives who are parents of youth who died from an
overdose of fentanyl or another synthetic opioid.
(11) At least one, and not more than two, non-Federal
representatives of one or more nationally-recognized nonprofit
organizations working to raise awareness about and prevent
misuse of synthetic opioids by youth.
(12) Such other Federal or non-Federal representatives as
determined by the Secretary.
(d) Duties.--The Task Force shall--
(1) develop and regularly update a report that identifies,
analyzes, and evaluates the state of Federal, State, and local
programs to address synthetic opioid misuse and overdose in
youth, and identifies best practices including--
(A) a set of evidence-based, evidence-informed, and
promising practices with respect to--
(i) prevention strategies for youth at risk
of fentanyl and synthetic opioids misuse and
overdose;
(ii) the identification, screening,
diagnosis, intervention, and treatment of youth
affected by synthetic opioid misuse;
(iii) the expeditious referral to, and
implementation of, practices and supports that
prevent and mitigate the effects of synthetic
opioid misuse and overdose in youth; and
(iv) community-based or multigenerational
practices that support youth and families
affected by synthetic opioid misuse and
overdose; and
(B) Federal and State programs and activities to
prevent, screen, diagnose, intervene, and treat
synthetic opioid misuse and overdose in youth; and
(2) develop and regularly update a national strategy for--
(A) youth synthetic opioid misuse and overdose
prevention, taking into consideration the findings of
the reports under paragraph (1); and
(B) how the Task Force and Federal departments and
agencies represented on the Task Force will prioritize
options for, and implement a coordinated approach to,
addressing synthetic opioid misuse and overdose.
SEC. 202. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to limit or otherwise
alter the authority of any of the Federal agencies referred to in
section 201(c) to carry out programs to reduce synthetic opioid
overdose and misuse under other provisions of law.
TITLE III--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
SEC. 301. PROFESSIONAL DEVELOPMENT FOR SCHOOL PERSONNEL.
Section 2101(c)(4)(B) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6611(c)(4)(B)) is amended--
(1) by redesignating clauses (xvi) through (xxi) as clauses
(xvii) through (xxii), respectively; and
(2) by inserting after clause (xv) the following:
``(xvi) Providing training for all school
personnel, including teachers, principals,
other school leaders, specialized instructional
support personnel, paraprofessionals,
counselors, and mental health professionals,
regarding how to address and prevent the misuse
of synthetic opioids, including fentanyl or any
substituted derivative of fentanyl, among
students.''.
SEC. 302. AMENDMENTS TO LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6312(b)) is amended--
(1) in paragraph (12)(B), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) how the local educational agency will engage
teachers and school leaders, in consultation with parents,
local educational agency administrators, public health
officials, paraprofessionals, specialized instructional support
personnel, school counselors, and school psychologists, to
address and prevent the misuse of synthetic opioids, including
fentanyl or any substituted derivative of fentanyl, among
students; and''.
SEC. 303. AMENDMENTS TO STATE EDUCATIONAL AGENCY PLANS.
Section 1111(g)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(g)(1)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) how the State educational agency will provide
support to local educational agencies receiving
assistance under this part in addressing and preventing
the misuse of synthetic opioids, including fentanyl or
any substituted derivative of fentanyl, among students;
and''.
TITLE IV--AMENDMENTS TO DEPARTMENT OF EDUCATION DATA COLLECTION
SEC. 401. NATIONAL CENTER FOR EDUCATION STATISTICS SCHOOL CRIME AND
SAFETY DATA.
Section 153(a)(1)(H) of the Education Sciences Reform Act of 2002
(20 U.S.C. 9543(a)(1)(H)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by inserting ``and'' at the end; and
(3) by adding at the end the following:
``(iv) access to synthetic opioids,
including fentanyl, on school premises, and the
effects of such substances on school safety and
student health and well-being;''.
TITLE V--SCHOOL-BASED HEALTH CENTERS AND REPORTING
SEC. 501. NALOXONE IN SCHOOL-BASED HEALTH CENTERS.
Section 399Z-1(f)(1)(A) of the Public Health Service Act (42 U.S.C.
280h-5(f)(1)(A)) is amended--
(1) in clause (iv), by striking ``and'' at the end and
inserting ``or''; and
(2) by adding at the end the following:
``(v) the purchase of naloxone to reverse
the effects of opioid overdose, and the
establishment of other programs to address and
prevent the misuse of synthetic opioids,
including fentanyl or any substituted
derivative of fentanyl; and''.
SEC. 502. AMENDMENTS TO THE MONITORING THE FUTURE SURVEY.
Beginning on January 1, 2026, the Director of the National
Institute on Drug Abuse, in collaboration with the Secretary and the
Director of the National Institutes of Health, shall require the survey
funded by the National Institute on Drug Abuse and titled ``Monitoring
the Future'' to include--
(1) indicators to measure the use of, perception of harm
of, and access to counterfeit or synthetic opioids among youth;
and
(2) where applicable, indicators to measure the extent to
which respondents are aware of the counterfeit or synthetic
nature of any opioids used or encountered by such respondents.
SEC. 503. YOUTH RISK BEHAVIOR SURVEY.
Beginning on January 1, 2026, the Director of the Centers for
Disease Control and Prevention shall require the data collection survey
for the Youth Risk Behavior Surveillance System to include--
(1) questions related to the use of, awareness regarding,
and exposure to counterfeit or synthetic opioids, including
fentanyl; and
(2) where applicable, indicators to measure the extent to
which respondents are aware of the counterfeit or synthetic
nature of any opioids used or encountered by such respondents.
SEC. 504. EVALUATION OF THE EFFECTIVENESS AND REACH OF THE STATE
UNINTENTIONAL DRUG OVERDOSE REPORTING SYSTEM.
(a) Evaluation.--Beginning on or after January 1, 2026, the
Director of the Centers for Disease Control and Prevention shall
conduct an evaluation determining the effectiveness of the State
Unintentional Drug Overdose Reporting System in collecting and
reporting data regarding specific synthetic opioids causing or
contributing to overdose and death among secondary school-aged
children.
(b) Reports.--Not later than 180 days after concluding such
evaluation, the Director of the Centers for Disease Control and
Prevention shall develop and submit to the Committees on Energy and
Commerce and Education and Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate the findings of the evaluation and, if applicable,
recommendations to improve the quality and availability of data
described in subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for fiscal year 2026 to
carry out this section.
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