Program authorized
section 5304 of title 2521 U.S.C. 301The Secretary shall make grants to States, local governmental entities, and Indian Tribes and Tribal organizations (as defined in ) to allow first responders and members of other key community sectors to administer a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act [ et seq.] for emergency treatment of known or suspected overdose.
Application
In general
Criteria
Use of funds
Technical assistance grants
The Secretary shall make a grant for the purpose of providing technical assistance and training on the use of a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected overdose, mechanisms for referral to appropriate treatment, and safety around fentanyl, carfentanil, and other dangerous licit and illicit drugs.
Geographic distribution
In making grants under this section, the Secretary shall ensure that not less than 20 percent of grant funds are awarded to eligible entities that are not located in metropolitan statistical areas (as defined by the Office of Management and Budget). The Secretary shall take into account the unique needs of rural communities, including communities with an incidence of individuals with opioid use disorder that is above the national average and communities with a shortage of prevention and treatment services.
Evaluation
Other key community sectors
In this section, the term “other key community sectors” includes substance use disorder treatment providers, emergency medical services agencies, agencies and organizations working with prison and jail populations and offender reentry programs, health care providers, harm reduction groups, pharmacies, community health centers, tribal health facilities, and mental health providers.
Authorization of appropriations
To carry out this section, there are authorized to be appropriated $57,000,000 for each of fiscal years 2026 through 2030.
July 1, 1944, ch. 373Pub. L. 114–198, title II, § 202130 Stat. 715Pub. L. 115–271, title VII, § 7002132 Stat. 4007Pub. L. 119–44, title I, § 106139 Stat. 674(, title V, § 546, as added , , ; amended , , ; , , .)
Editorial Notes
References in Text
act June 25, 1938, ch. 67552 Stat. 1040section 301 of Title 21The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (a), (c)(1), (2), (d), and (f)(1), (2), is , , which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see and Tables.
Prior Provisions
act July 1, 1944, ch. 373, title V, § 546Pub. L. 92–255, title IV, § 41386 Stat. 84Pub. L. 96–181, § 8(a)93 Stat. 1313Pub. L. 97–35, title IX, § 973(e)95 Stat. 598Pub. L. 98–24, § 2(b)(16)(A)97 Stat. 182Pub. L. 99–570, title VI, § 6002(b)(2)100 Stat. 3207–159Pub. L. 100–77, title VI, § 611(2)101 Stat. 516Pub. L. 100–607, title VIII, § 813(4)102 Stat. 3171Pub. L. 100–628, title VI, § 613(4)102 Stat. 3243Pub. L. 101–93, § 5(t)(1)103 Stat. 615Pub. L. 102–321A prior section 290ee–1, , formerly , , , as amended , (b)(1), , , 1314; , , ; renumbered § 525 of act , and amended , , ; , , ; renumbered § 546, , , ; , , ; , , ; , , , which related to drug abuse among government and other employees, was omitted in the general revision of this part by .
Amendments
Pub. L. 119–44, § 106(1)2025—Subsec. (a). , (2), substituted “Tribes and Tribal” for “tribes and tribal” and “approved, cleared, or otherwise legally marketed” for “approved or cleared” and struck out “opioid” before “overdose”.
Pub. L. 119–44, § 106(2)Subsecs. (c), (d). , wherever appearing, substituted “approved, cleared, or otherwise legally marketed” for “approved or cleared” and struck out “opioid” before “overdose”.
Pub. L. 119–44, § 106(3)(A)Subsec. (f)(1). , (B), substituted “approved, cleared, or otherwise legally marketed” for “approved or cleared” and struck out “opioid” before “overdose”.
Pub. L. 119–44, § 106(3)(A)Subsec. (f)(2). , (C), substituted “opioid, heroin, and other drug” for “opioid and heroin”, “approved, cleared, or otherwise legally marketed” for “approved or cleared”, and “overdose” for “opioid overdose”.
Pub. L. 119–44, § 106(3)(D)Subsec. (f)(3). , struck out “opioid and heroin” before “overdose”.
Pub. L. 119–44, § 106(4)Subsec. (h). , substituted “$57,000,000 for each of fiscal years 2026 through 2030” for “$36,000,000 for each of fiscal years 2019 through 2023”.
Pub. L. 115–271, § 7002(1)2018—Subsec. (c)(4). , added par. (4).
Pub. L. 115–271, § 7002(2)Subsec. (d). , substituted “mechanisms for referral to appropriate treatment, and safety around fentanyl, carfentanil, and other dangerous licit and illicit drugs” for “and mechanisms for referral to appropriate treatment for an entity receiving a grant under this section”.
Pub. L. 115–271, § 7002(3)Subsec. (f)(5). , added par. (5).
Pub. L. 115–271, § 7002(5)Subsec. (g). , added subsec. (g). Former subsec. (g) redesignated (h).
Pub. L. 115–271, § 7002(4)Subsec. (h). , (6), redesignated subsec. (g) as (h) and substituted “$36,000,000 for each of fiscal years 2019 through 2023” for “$12,000,000 for each of fiscal years 2017 through 2021”.