subpart 1—center for substance abuse treatment
§290bb. Center for Substance Abuse Treatment
(a) Establishment
There is established in the Administration a Center for Substance Abuse Treatment (hereafter in this section referred to as the "Center"). The Center shall be headed by a Director (hereafter in this section referred to as the "Director") appointed by the Secretary from among individuals with extensive experience or academic qualifications in the treatment of substance use disorders or in the evaluation of substance use disorder treatment systems.
(b) Duties
The Director of the Center shall—
(1) administer the substance use disorder treatment block grant program authorized in
(2) ensure that emphasis is placed on children and adolescents in the development of treatment programs;
(3) collaborate with the Attorney General to develop programs to provide substance use disorder treatment services to individuals who have had contact with the Justice system, especially adolescents;
(4) collaborate with the Director of the Center for Substance Abuse Prevention in order to provide outreach services to identify individuals in need of treatment services, with emphasis on the provision of such services to pregnant and postpartum women and their infants and to individuals who illicitly use drugs intravenously;
(5) collaborate with the Director of the National Institute on Drug Abuse, with the Director of the National Institute on Alcohol Abuse and Alcoholism, and with the States to promote the study, dissemination, and implementation of research findings that will improve the delivery and effectiveness of treatment services;
(6) collaborate with the Administrator of the Health Resources and Services Administration and the Administrator of the Centers for Medicare & Medicaid Services to promote the increased integration into the mainstream of the health care system of the United States of programs for providing treatment services;
(7) evaluate plans submitted by the States pursuant to
(8) sponsor regional workshops on improving the quality and availability of treatment services;
(9) provide technical assistance to public and nonprofit private entities that provide treatment services, including technical assistance with respect to the process of submitting to the Director applications for any program of grants or contracts;
(10) carry out activities to educate individuals on the need for establishing treatment facilities within their communities;
(11) encourage public and private entities that provide health insurance to provide benefits for outpatient treatment services and other nonhospital-based treatment services;
(12) evaluate treatment programs to determine the quality and appropriateness of various forms of treatment, which shall be carried out through grants, contracts, or cooperative agreements provided to public or nonprofit private entities;
(13) ensure the consistent documentation of the application of criteria when awarding grants and the ongoing oversight of grantees after such grants are awarded;
(14) work with States, providers, and individuals in recovery, and their families, to promote the expansion of recovery support services and systems of care oriented toward recovery;
(15) in cooperation with the Secretary, implement and disseminate, as appropriate, the recommendations in the report entitled "Protecting Our Infants Act: Final Strategy" issued by the Department of Health and Human Services in 2017; and
(16) in cooperation with relevant stakeholders, and through public-private partnerships, encourage education about substance use disorders for pregnant women and health care providers who treat pregnant women and babies.
(c) Grants and contracts
In carrying out the duties established in subsection (b), the Director may make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities.
(July 1, 1944, ch. 373, title V, §507, as added
Editorial Notes
Prior Provisions
A prior section 290bb, act July 1, 1944, ch. 373, title V, §510, formerly
A prior section 507 of act July 1, 1944, which was classified to
Amendments
2018—Subsec. (b)(15).
Subsec. (b)(16).
2016—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(9).
Subsec. (b)(10) to (14).
2003—Subsec. (b)(6).
2000—Subsec. (b)(2) to (6).
Subsec. (b)(7).
Subsec. (b)(8) to (12).
Subsec. (b)(13).
Subsec. (b)(14).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
§290bb–1. Residential treatment programs for pregnant and postpartum women
(a) In general
The Director of the Center for Substance Abuse Treatment (referred to in this section as the "Director") shall provide awards of grants, including the grants under subsection (r), cooperative agreements or contracts to public and nonprofit private entities for the purpose of providing to pregnant and postpartum women treatment for substance use disorders through programs in which, during the course of receiving treatment—
(1) the women reside in or receive outpatient treatment services from facilities provided by the programs;
(2) the minor children of the women reside with the women in such facilities, if the women so request; and
(3) the services described in subsection (d) are available to or on behalf of the women.
(b) Availability of services for each participant
A funding agreement for an award under subsection (a) for an applicant is that, in the program operated pursuant to such subsection—
(1) treatment services and each supplemental service will be available through the applicant, either directly or through agreements with other public or nonprofit private entities; and
(2) the services will be made available to each woman admitted to the program and her children.
(c) Individualized plan of services
A funding agreement for an award under subsection (a) for an applicant is that—
(1) in providing authorized services for an eligible woman pursuant to such subsection, the applicant will, in consultation with the women, prepare an individualized plan for the provision of services for the woman and her children; and
(2) treatment services under the plan will include—
(A) individual, group, and family counseling, as appropriate, regarding substance use disorders; and
(B) follow-up services to assist the woman in preventing a relapse into such a disorder.
(d) Required supplemental services
In the case of an eligible woman, the services referred to in subsection (a)(3) are as follows:
(1) Prenatal and postpartum health care.
(2) Referrals for necessary hospital services.
(3) For the infants and children of the woman—
(A) pediatric health care, including treatment for any perinatal effects of a maternal substance use disorder and including screenings regarding the physical and mental development of the infants and children;
(B) counseling and other mental health services, in the case of children; and
(C) comprehensive social services.
(4) Providing therapeutic, comprehensive child care for children during the periods in which the woman is engaged in therapy or in other necessary health and rehabilitative activities.
(5) Training in parenting.
(6) Counseling on the human immunodeficiency virus and on acquired immune deficiency syndrome.
(7) Counseling on domestic violence and sexual abuse.
(8) Counseling on obtaining employment, including the importance of graduating from a secondary school.
(9) Reasonable efforts to preserve and support the family unit of the woman, including promoting the appropriate involvement of parents and others, and counseling the children of the woman.
(10) Planning for and counseling to assist reentry into society, both before and after discharge, including referrals to any public or nonprofit private entities in the community involved that provide services appropriate for the woman and the children of the woman.
(11) Case management services, including—
(A) assessing the extent to which authorized services are appropriate for the woman and any child of such woman;
(B) in the case of the services that are appropriate, ensuring that the services are provided in a coordinated manner;
(C) assistance in establishing eligibility for assistance under Federal, State, and local programs providing health services, mental health services, housing services, employment services, educational services, or social services; and
(D) family reunification with children in kinship or foster care arrangements, where safe and appropriate.
(e) Minimum qualifications for receipt of award
(1) Certification by relevant State agency
With respect to the principal agency of the State involved that administers programs relating to substance use disorders, the Director may make an award under subsection (a) to an applicant only if the agency has certified to the Director that—
(A) the applicant has the capacity to carry out a program described in subsection (a);
(B) the plans of the applicant for such a program are consistent with the policies of such agency regarding the treatment of substance use disorders; and
(C) the applicant, or any entity through which the applicant will provide authorized services, meets all applicable State licensure or certification requirements regarding the provision of the services involved.
(2) Status as medicaid provider
(A) In general
Subject to subparagraphs (B) and (C), the Director may make an award under subsection (a) only if, in the case of any authorized service that is available pursuant to the State plan approved under title XIX of the Social Security Act [
(i) the applicant for the award will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or
(ii) the applicant will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement plan and is qualified to receive such payments.
(B) Waiver of participation agreements
(i) In general
In the case of an entity making an agreement pursuant to subparagraph (A)(ii) regarding the provision of services, the requirement established in such subparagraph regarding a participation agreement shall be waived by the Director if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits plan.
(ii) Donations
A determination by the Director of whether an entity referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public.
(C) Nonapplication of certain requirements
With respect to any authorized service that is available pursuant to the State plan described in subparagraph (A), the requirements established in such subparagraph shall not apply to the provision of any such service by an institution for mental diseases to an individual who has attained 21 years of age and who has not attained 65 years of age. For purposes of the preceding sentence, the term "institution for mental diseases" has the meaning given such term in section 1905(i) of the Social Security Act [
(f) Requirement of matching funds
(1) In general
With respect to the costs of the program to be carried out by an applicant pursuant to subsection (a), a funding agreement for an award under such subsection is that the applicant will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that—
(A) for the first fiscal year for which the applicant receives payments under an award under such subsection, is not less than $1 for each $9 of Federal funds provided in the award;
(B) for any second such fiscal year, is not less than $1 for each $9 of Federal funds provided in the award; and
(C) for any subsequent such fiscal year, is not less than $1 for each $3 of Federal funds provided in the award.
(2) Determination of amount contributed
Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
(g) Outreach
A funding agreement for an award under subsection (a) for an applicant is that the applicant will provide outreach services in the community involved to identify women who have a substance use disorder and to encourage the women to undergo treatment for such disorder.
(h) Accessibility of program; cultural context of services
A funding agreement for an award under subsection (a) for an applicant is that—
(1) the program operated pursuant to such subsection will be operated at a location that is accessible to low-income pregnant and postpartum women; and
(2) authorized services will be provided in the language and the cultural context that is most appropriate.
(i) Continuing education
A funding agreement for an award under subsection (a) is that the applicant involved will provide for continuing education in treatment services for the individuals who will provide treatment in the program to be operated by the applicant pursuant to such subsection.
(j) Imposition of charges
A funding agreement for an award under subsection (a) for an applicant is that, if a charge is imposed for the provision of authorized services to or on behalf of an eligible woman, such charge—
(1) will be made according to a schedule of charges that is made available to the public;
(2) will be adjusted to reflect the income of the woman involved; and
(3) will not be imposed on any such woman with an income of less than 185 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with
(k) Reports to Director
A funding agreement for an award under subsection (a) is that the applicant involved will submit to the Director a report—
(1) describing the utilization and costs of services provided under the award;
(2) specifying the number of women served, the number of infants served, and the type and costs of services provided; and
(3) providing such other information as the Director determines to be appropriate.
(l) Requirement of application
The Director may make an award under subsection (a) only if an application for the award is submitted to the Director containing such agreements, and the application is in such form, is made in such manner, and contains such other agreements and such assurances and information as the Director determines to be necessary to carry out this section.
(m) Allocation of awards
In making awards under subsection (a), the Director shall give priority to an applicant that agrees to use the award for a program serving an area that is a rural area, an area designated under
(n) Duration of award
The period during which payments are made to an entity from an award under subsection (a) may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Director of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. This subsection may not be construed to establish a limitation on the number of awards under such subsection that may be made to an entity.
(o) Evaluations; dissemination of findings
The Director shall, directly or through contract, provide for the conduct of evaluations of programs carried out pursuant to subsection (a). The Director shall disseminate to the States the findings made as a result of the evaluations.
(p) Reports to Congress
Not later than October 1, 1994, the Director shall submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing programs carried out pursuant to this section (other than subsection (r)). Every 2 years thereafter, the Director shall prepare a report describing such programs carried out during the preceding 2 years, and shall submit the report to the Assistant Secretary for inclusion in the biennial report under
(q) Definitions
For purposes of this section:
(1) The term "authorized services" means treatment services and supplemental services.
(2) The term "eligible woman" means a woman who has been admitted to a program operated pursuant to subsection (a).
(3) The term "funding agreement", with respect to an award under subsection (a), means that the Director may make the award only if the applicant makes the agreement involved.
(4) The term "treatment services" means treatment for a substance use disorder, including the counseling and services described in subsection (c)(2).
(5) The term "supplemental services" means the services described in subsection (d).
(r) Pilot program for State substance abuse agencies
(1) In general
From amounts made available under subsection (s), the Director of the Center for Substance Abuse Treatment shall carry out a pilot program under which competitive grants are made by the Director to State substance abuse agencies—
(A) to enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders;
(B) to help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in nonresidential-based settings; and
(C) to promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery.
(2) Requirements
In carrying out the pilot program under this subsection, the Director shall—
(A) require State substance abuse agencies to submit to the Director applications, in such form and manner and containing such information as specified by the Director, to be eligible to receive a grant under the program;
(B) identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants;
(C) require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders;
(D) not require that services furnished through such a grant be provided solely to women that reside in facilities;
(E) not require that grant recipients under the program make available through use of the grant all the services described in subsection (d); and
(F) consider not applying the requirements described in paragraphs (1) and (2) of subsection (f) to an applicant, depending on the circumstances of the applicant.
(3) Required services
(A) In general
The Director shall specify a minimum set of services required to be made available to eligible women through a grant awarded under the pilot program under this subsection. Such minimum set of services—
(i) shall include the services requirements described in subsection (c) and be based on the recommendations submitted under subparagraph (B); and
(ii) may be selected from among the services described in subsection (d) and include other services as appropriate.
(B) Stakeholder input
The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from substance abuse, and other appropriate individuals, for the minimum set of services described in subparagraph (A).
(4) Evaluation and report to Congress
(A) In general
The Director of the Center for Behavioral Health Statistics and Quality shall evaluate the pilot program at the conclusion of the first grant cycle funded by the pilot program.
(B) Report
Not later than September 30, 2026, the Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment 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 evaluation under subparagraph (A). The report shall include, at a minimum—
(i) outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs;
(ii) engagement in treatment services;
(iii) retention in the appropriate level and duration of services;
(iv) increased access to the use of medications approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling; and
(v) other appropriate measures.
(C) Recommendation
The report under subparagraph (B) shall include a recommendation by the Director of the Center for Substance Abuse Treatment as to whether the pilot program under this subsection should be extended.
(5) State substance abuse agencies defined
For purposes of this subsection, the term "State substance abuse agency" means, with respect to a State, the agency in such State that manages the Substance Abuse Prevention and Treatment Block Grant under part B of subchapter XVII.
(s) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated $29,931,000 for each of fiscal years 2019 through 2023. Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016.
(July 1, 1944, ch. 373, title V, §508, as added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (e)(2)(A), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 290bb–1, act July 1, 1944, ch. 373, title V, §511, formerly
A prior section 508 of act July 1, 1944, which was classified to
Amendments
2022—Subsec. (r)(4).
Subsec. (r)(4)(B).
Subsec. (r)(5), (6).
2018—Subsec. (s).
2016—Subsec. (a).
Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (d)(3)(A).
Subsec. (d)(4).
Subsec. (d)(9).
Subsec. (d)(10).
Subsec. (d)(11)(A).
Subsec. (d)(11)(D).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (g).
Subsec. (j).
Subsec. (j)(3).
Subsec. (m).
Subsec. (p).
Subsec. (q)(3).
Subsec. (q)(4).
Subsec. (r).
Subsec. (s).
2000—Subsec. (r).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
Transitional and Savings Provisions
"(1)
"(A) Subject to paragraph (2), in the case of any project for which a grant under former section 509F [former
"(B) Subparagraph (A) shall apply with respect to a project notwithstanding that the project is not eligible to receive a grant under current section 508 or 509 [
"(2)
"(3)
"(A) The term 'former section 509F' means section 509F of the Public Health Service Act [former
"(B) The term 'current section 508' means section 508 of the Public Health Service Act [
"(C) The term 'current section 509' means section 509 of the Public Health Service Act [
Report on Implementation of Strategy Relating to Prenatal Opioid Use
"(1)
"(A) an update on the implementation of the recommendations in the strategy, including information regarding the agencies involved in the implementation; and
"(B) information on additional funding or authority the Secretary requires, if any, to implement the strategy, which may include authorities needed to coordinate implementation of such strategy across the Department of Health and Human Services.
"(2)
§290bb–1a. Transferred
Editorial Notes
Codification
Section, act July 1, 1944, ch. 373, title V, §512, as added Oct. 19, 1984,
§290bb–2. Priority substance use disorder treatment needs of regional and national significance
(a) Projects
The Secretary shall address priority substance use disorder treatment needs of regional and national significance (as determined under subsection (b)) through the provision of or through assistance for—
(1) knowledge development and application projects for treatment and rehabilitation and the conduct or support of evaluations of such projects;
(2) training and technical assistance; and
(3) targeted capacity response programs that permit States, local governments, communities, and Indian Tribes and Tribal organizations (as such terms are defined in
The Secretary may carry out the activities described in this section directly or through grants, contracts, or cooperative agreements with States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in
(b) Priority substance use disorder treatment needs
(1) In general
Priority substance use disorder treatment needs of regional and national significance shall be determined by the Secretary after consultation with States and other interested groups. The Secretary shall meet with the States and interested groups on an annual basis to discuss program priorities.
(2) Special consideration
In developing program priorities under paragraph (1), the Secretary shall give special consideration to promoting the integration of substance use disorder treatment services into primary health care systems.
(c) Requirements
(1) In general
Recipients of grants, contracts, or cooperative agreements under this section shall comply with information and application requirements determined appropriate by the Secretary.
(2) Duration of award
With respect to a grant, contract, or cooperative agreement awarded under this section, the period during which payments under such award are made to the recipient may not exceed 5 years.
(3) Matching funds
The Secretary may, for projects carried out under subsection (a), require that entities that apply for grants, contracts, or cooperative agreements under that project provide non-Federal matching funds, as determined appropriate by the Secretary, to ensure the institutional commitment of the entity to the projects funded under the grant, contract, or cooperative agreement. Such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in kind, fairly evaluated, including plant, equipment, or services.
(4) Maintenance of effort
With respect to activities for which a grant, contract, or cooperative agreement is awarded under this section, the Secretary may require that recipients for specific projects under subsection (a) agree to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives such a grant, contract, or cooperative agreement.
(d) Evaluation
The Secretary shall evaluate each project carried out under subsection (a)(1) and shall disseminate the findings with respect to each such evaluation to appropriate public and private entities.
(e) Information and education
The Secretary shall establish comprehensive information and education programs to disseminate and apply the findings of the knowledge development and application, training and technical assistance programs, and targeted capacity response programs under this section to the general public, to health professionals and other interested groups. The Secretary shall make every effort to provide linkages between the findings of supported projects and State agencies responsible for carrying out substance use disorder prevention and treatment programs.
(f) Authorization of appropriation
There are authorized to be appropriated to carry out this section, $521,517,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §509, as added
Editorial Notes
Prior Provisions
A prior section 290bb–2, act July 1, 1944, ch. 373, title V, §513, formerly §512, formerly
A prior section 509 of act July 1, 1944, which was classified to
Amendments
2022—
Subsec. (a)(3).
Subsec. (b).
Subsec. (f).
2016—Subsec. (a).
Subsec. (a)(3).
Subsec. (b).
Subsec. (e).
Subsec. (f).
2000—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
§290bb–2a. Medical treatment of narcotics addiction; report to Congress
The Secretary of Health and Human Services, after consultation with the Attorney General and with national organizations representative of persons with knowledge and experience in the treatment of narcotic addicts, shall determine the appropriate methods of professional practice in the medical treatment of the narcotic addiction of various classes of narcotic addicts, and shall report thereon from time to time to the Congress.
(
Editorial Notes
Codification
Section was not enacted as part of the Public Health Service Act which comprises this chapter.
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Change of Name
"Secretary of Health and Human Services" substituted in text for "Secretary of Health, Education, and Welfare" pursuant to section 509(b) of
§§290bb–3 to 290bb–5. Repealed. Pub. L. 106–310, div. B, title XXXIII, §3301(c)(1)–(3), Oct. 17, 2000, 114 Stat. 1209
Section 290bb–3, act July 1, 1944, ch. 373, title V, §510, as added
A prior section 510 of act July 1, 1944, was classified to
Another prior section 510 of act July 1, 1944, which was classified to
Section 290bb–4, act July 1, 1944, ch. 373, title V, §511, as added
A prior section 511 of act July 1, 1944, which was classified to
Another prior section 511 of act July 1, 1944, which was classified to
Section 290bb–5, act July 1, 1944, ch. 373, title V, §512, as added
A prior section 512 of act July 1, 1944, which was classified to
Another prior section 512 of act July 1, 1944, was renumbered section 513 by
Another prior section 512 of act July 1, 1944, which was classified to
§290bb–6. Action by Center for Substance Abuse Treatment and States concerning military facilities
(a) Center for Substance Abuse Treatment
The Director of the Center for Substance Abuse Treatment shall—
(1) coordinate with the agencies represented on the Commission on Alternative Utilization of Military Facilities the utilization of military facilities or parts thereof, as identified by such Commission, established under the National Defense Authorization Act of 1989, that could be utilized or renovated to house nonviolent persons for drug treatment purposes;
(2) notify State agencies responsible for the oversight of drug abuse treatment entities and programs of the availability of space at the installations identified in paragraph (1); and
(3) assist State agencies responsible for the oversight of drug abuse treatment entities and programs in developing methods for adapting the installations described in paragraph (1) into residential treatment centers.
(b) States
With regard to military facilities or parts thereof, as identified by the Commission on Alternative Utilization of Military Facilities established under section 3042 of the Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988,1 that could be utilized or renovated to house nonviolent persons for drug treatment purposes, State agencies responsible for the oversight of drug abuse treatment entities and programs shall—
(1) establish eligibility criteria for the treatment of individuals at such facilities;
(2) select treatment providers to provide drug abuse treatment at such facilities;
(3) provide assistance to treatment providers selected under paragraph (2) to assist such providers in securing financing to fund the cost of the programs at such facilities; and
(4) establish, regulate, and coordinate with the military official in charge of the facility, work programs for individuals receiving treatment at such facilities.
(c) Reservation of space
Prior to notifying States of the availability of space at military facilities under subsection (a)(2), the Director may reserve space at such facilities to conduct research or demonstration projects.
(July 1, 1944, ch. 373, title V, §513, formerly §561, as added
Editorial Notes
References in Text
The National Defense Authorization Act of 1989, referred to in subsec. (a)(1), probably means the National Defense Authorization Act, Fiscal Year 1989,
Section 3042 of the Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988, referred to in subsec. (b), probably should be a reference to section 2819 of the National Defense Authorization Act, Fiscal Year 1989,
Codification
Section was formerly classified to
Prior Provisions
A prior section 513 of act July 1, 1944, was classified to
Another prior section 513 of act July 1, 1944, which was classified to
Amendments
1992—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
1 See References in Text note below.
§290bb–7. Substance use disorder treatment and early intervention services for children, adolescents, and young adults
(a) In general
The Secretary shall award grants, contracts, or cooperative agreements to public and private nonprofit entities, including Indian Tribes or Tribal organizations (as such terms are defined in
(1) providing early identification and services to meet the needs of children, adolescents, and young adults who are at risk of substance use disorders;
(2) providing substance use disorder treatment services for children, adolescents, and young adults, including children, adolescents, and young adults with co-occurring mental illness and substance use disorders; and
(3) providing assistance to pregnant women, and parenting women, with substance use disorders, in obtaining treatment services, linking mothers to community resources to support independent family lives, and staying in recovery so that children are in safe, stable home environments and receive appropriate health care services.
(b) Priority
In awarding grants, contracts, or cooperative agreements under subsection (a), the Secretary shall give priority to applicants who propose to—
(1) apply evidence-based and cost-effective methods;
(2) coordinate the provision of services with other social service agencies in the community, including educational, juvenile justice, child welfare, substance abuse, and mental health agencies;
(3) provide a continuum of integrated treatment services, including case management, for children, adolescents, and young adults with substance use disorders, including children, adolescents, and young adults with co-occurring mental illness and substance use disorders, and their families;
(4) provide treatment that is gender-specific and culturally appropriate;
(5) involve and work with families of children, adolescents, and young adults receiving services; and
(6) provide aftercare services for children, adolescents, and young adults and their families after completion of treatment.
(c) Duration of grants
The Secretary shall award grants, contracts, or cooperative agreements under subsection (a) for periods not to exceed 5 fiscal years.
(d) Application
An entity desiring a grant, contract, or cooperative agreement under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(e) Evaluation
An entity that receives a grant, contract, or cooperative agreement under subsection (a) shall submit, in the application for such grant, contract, or cooperative agreement, a plan for the evaluation of any project undertaken with funds provided under this section. Such entity shall provide the Secretary with periodic evaluations of the progress of such project and such evaluation at the completion of such project as the Secretary determines to be appropriate.
(f) Authorization of appropriations
There are authorized to be appropriated to carry out this section, $29,605,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §514, as added
Editorial Notes
Codification
Another section 514 of act July 1, 1944, was classified to
Amendments
2022—Subsec. (a).
Subsec. (f).
2018—
Subsec. (a)(2).
2016—
Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (f).
§290bb–7a. Youth prevention and recovery
(a) Omitted
(b) Resource center
The Secretary of Health and Human Services (referred to in this section as the "Secretary", except as otherwise provided), in consultation with the Secretary of Education and other heads of agencies, including the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, as appropriate, shall establish a resource center to provide technical support to recipients of grants under subsection (c).
(c) Youth prevention and recovery initiative
(1) In general
The Secretary, in consultation with the Secretary of Education, shall administer a program to provide support for communities to support the prevention of, treatment of, and recovery from, substance use disorders for children, adolescents, and young adults.
(2) Definitions
In this subsection:
(A) Eligible entity
The term "eligible entity" means—
(i) a local educational agency that is seeking to establish or expand substance use prevention or recovery support services at one or more high schools;
(ii) a State educational agency;
(iii) an institution of higher education (or consortia of such institutions), which may include a recovery program at an institution of higher education;
(iv) a local board or one-stop operator;
(v) a nonprofit organization with appropriate expertise in providing services or programs for children, adolescents, or young adults, excluding a school;
(vi) a State, political subdivision of a State, Indian tribe, or tribal organization; or
(vii) a high school or dormitory serving high school students that receives funding from the Bureau of Indian Education.
(B) Foster care
The term "foster care" has the meaning given such term in section 1355.20(a) of title 45, Code of Federal Regulations (or any successor regulations).
(C) High school
The term "high school" has the meaning given such term in
(D) Homeless youth
The term "homeless youth" has the meaning given the term "homeless children or youths" in
(E) Indian tribe; tribal organization
The terms "Indian tribe" and "tribal organization" have the meanings given such terms in
(F) Institution of higher education
The term "institution of higher education" has the meaning given such term in
(G) Local educational agency
The term "local educational agency" has the meaning given such term in
(H) Local board; one-stop operator
The terms "local board" and "one-stop operator" have the meanings given such terms in
(I) Out-of-school youth
The term "out-of-school youth" has the meaning given such term in
(J) Recovery program
The term "recovery program" means a program—
(i) to help children, adolescents, or young adults who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and
(ii) 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.
(K) State educational agency
The term "State educational agency" has the meaning given such term in
(3) Best practices
The Secretary, in consultation with the Secretary of Education, shall—
(A) identify or facilitate the development of evidence-based best practices for prevention of substance misuse and abuse by children, adolescents, and young adults, including for specific populations such as youth in foster care, homeless youth, out-of-school youth, and youth who are at risk of or have experienced trafficking that address—
(i) primary prevention;
(ii) appropriate recovery support services;
(iii) appropriate use of medication-assisted treatment for such individuals, if applicable, and ways of overcoming barriers to the use of medication-assisted treatment in such population; and
(iv) efficient and effective communication, which may include the use of social media, to maximize outreach efforts;
(B) disseminate such best practices to State educational agencies, local educational agencies, schools and dormitories funded by the Bureau of Indian Education, institutions of higher education, recovery programs at institutions of higher education, local boards, one-stop operators, family and youth homeless providers, and nonprofit organizations, as appropriate;
(C) conduct a rigorous evaluation of each grant funded under this subsection, particularly its impact on the indicators described in paragraph (7)(B); and
(D) provide technical assistance for grantees under this subsection.
(4) Grants authorized
The Secretary, in consultation with the Secretary of Education, shall award 3-year grants, on a competitive basis, to eligible entities to enable such entities, in coordination with Indian tribes, if applicable, and State agencies responsible for carrying out substance use disorder prevention and treatment programs, to carry out evidence-based programs for—
(A) prevention of substance misuse and abuse by children, adolescents, and young adults, which may include primary prevention;
(B) recovery support services for children, adolescents, and young adults, which may include counseling, job training, linkages to community-based services, family support groups, peer mentoring, and recovery coaching; or
(C) treatment or referrals for treatment of substance use disorders, which may include the use of medication-assisted treatment, as appropriate.
(5) Special consideration
In awarding grants under this subsection, the Secretary shall give special consideration to the unique needs of tribal, urban, suburban, and rural populations.
(6) Application
To be eligible for a grant under this subsection, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—
(A) a description of—
(i) the impact of substance use disorders in the population that will be served by the grant program;
(ii) how the eligible entity has solicited input from relevant stakeholders, which may include faculty, teachers, staff, families, students, and experts in substance use disorder prevention, treatment, and recovery in developing such application;
(iii) the goals of the proposed project, including the intended outcomes;
(iv) how the eligible entity plans to use grant funds for evidence-based activities, in accordance with this subsection to prevent, provide recovery support for, or treat substance use disorders amongst such individuals, or a combination of such activities; and
(v) how the eligible entity will collaborate with relevant partners, which may include State educational agencies, local educational agencies, institutions of higher education, juvenile justice agencies, prevention and recovery support providers, local service providers, including substance use disorder treatment programs, providers of mental health services, youth serving organizations, family and youth homeless providers, child welfare agencies, and primary care providers, in carrying out the grant program; and
(B) an assurance that the eligible entity will participate in the evaluation described in paragraph (3)(C).
(7) Reports to the Secretary
Each eligible entity awarded a grant under this subsection shall submit to the Secretary a report at such time and in such manner as the Secretary may require. Such report shall include—
(A) a description of how the eligible entity used grant funds, in accordance with this subsection, including the number of children, adolescents, and young adults reached through programming; and
(B) a description, including relevant data, of how the grant program has made an impact on the intended outcomes described in paragraph (6)(A)(iii), including—
(i) indicators of student success, which, if the eligible entity is an educational institution, shall include student well-being and academic achievement;
(ii) substance use disorders amongst children, adolescents, and young adults, including the number of overdoses and deaths amongst children, adolescents, and young adults served by the grant during the grant period; and
(iii) other indicators, as the Secretary determines appropriate.
(8) Report to Congress
The Secretary shall, not later than October 1, 2022, submit a 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 a report summarizing the effectiveness of the grant program under this subsection, based on the information submitted in reports required under paragraph (7).
(9) Authorization of appropriations
There is authorized to be appropriated $10,000,000 to carry out this subsection for each of fiscal years 2019 through 2023.
(
Editorial Notes
Codification
Section is comprised of section 7102 of
Section was enacted as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, also known as the SUPPORT for Patients and Communities Act, and not as part of the Public Health Service Act which comprises this chapter.
§§290bb–8, 290bb–9. Repealed. Pub. L. 114–255, div. B, title IX, §9017, Dec. 13, 2016, 130 Stat. 1248
Section 290bb–8, act July 1, 1944, ch. 373, title V, §514A, as added
Section 290bb–9, act July 1, 1944, ch. 373, title V, §514, as added
§290bb–10. Evidence-based prescription opioid and heroin treatment and interventions demonstration
(a) Grants to expand access
(1) Authority to award grants
The Secretary shall award grants, contracts, or cooperative agreements to State substance use disorder agencies, units of local government, nonprofit organizations, and Indian Tribes and Tribal organizations (as defined in
(2) Nature of activities
Funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids.
(b) Application
To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(c) Evaluation
An entity that receives a grant, contract, or cooperative agreement under subsection (a) shall submit, in the application for such grant, contract, or agreement a plan for the evaluation of any project undertaken with funds provided under this section. Such entity shall provide the Secretary with periodic evaluations of the progress of such project and an evaluation at the completion of such project as the Secretary determines to be appropriate.
(d) Geographic distribution
In awarding grants, contracts, and cooperative agreements under this section, the Secretary shall ensure that not less than 15 percent of 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.
(e) Additional activities
In administering grants, contracts, and cooperative agreements under subsection (a), the Secretary shall—
(1) evaluate the activities supported under such subsection;
(2) disseminate information, as appropriate, derived from evaluations as the Secretary considers appropriate;
(3) provide States, Indian Tribes and Tribal organizations, and providers with technical assistance in connection with the provision of treatment of problems related to heroin and other opioids; and
(4) fund only those applications that specifically support recovery services as a critical component of the program involved.
(f) Authorization of appropriations
To carry out this section, there are authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §514B, as added
Editorial Notes
Amendments
2022—Subsec. (a)(1).
Subsec. (e)(3).
Subsec. (f).
§290bb–11. Building capacity for family-focused residential treatment
(a) Definitions
In this section:
(1) Eligible entity
The term "eligible entity" means a State, county, local, or tribal health or child welfare agency, a private nonprofit organization, a research organization, a treatment service provider, an institution of higher education (as defined under
(2) Family-focused residential treatment program
The term "family-focused residential treatment program" means a trauma-informed residential program primarily for substance use disorder treatment for pregnant and postpartum women and parents and guardians that allows children to reside with such women or their parents or guardians during treatment to the extent appropriate and applicable.
(3) Secretary
The term "Secretary" means the Secretary of Health and Human Services.
(b) Support for the development of evidence-based family-focused residential treatment programs
(1) Authority to award grants
The Secretary shall award grants to eligible entities for purposes of developing, enhancing, or evaluating family-focused residential treatment programs to increase the availability of such programs that meet the requirements for promising, supported, or well-supported practices specified in
(2) Evaluation requirement
The Secretary shall require any evaluation of a family-focused residential treatment program by an eligible entity that uses funds awarded under this section for all or part of the costs of the evaluation be designed to assist in the determination of whether the program may qualify as a promising, supported, or well-supported practice in accordance with the requirements of such section 671(e)(4)(C).
(c) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section, $20,000,000 for fiscal year 2019, which shall remain available through fiscal year 2023.
(
Editorial Notes
References in Text
Family First Prevention Services Act, referred to in subsec. (b)(1), is title VII of
Codification
Section was enacted as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, also known as the SUPPORT for Patients and Communities Act, and not as part of the Public Health Service Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Supporting Family-Focused Residential Treatment
"(a)
"(1)
"(2)
"(3)
"(4)
"(b)
"(1)
"(2)
"(A) Existing opportunities and flexibilities under the Medicaid program, including under waivers authorized under section 1115 or 1915 of the Social Security Act (
"(B) How States can employ and coordinate funding provided under the Medicaid program, the title IV-E program, and other programs administered by the Secretary to support the provision of treatment and services provided by a family-focused residential treatment facility such as substance use disorder treatment and services, including medication-assisted treatment, family, group, and individual counseling, case management, parenting education and skills development, the provision, assessment, or coordination of care and services for children, including necessary assessments and appropriate interventions, non-emergency transportation for necessary care provided at or away from a program site, transitional services and supports for families leaving treatment, and other services.
"(C) How States can employ and coordinate funding provided under the Medicaid program and the title IV–E program (including as amended by the Family First Prevention Services Act enacted under title VII of division E of