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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3701 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 3701

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 SENATE OF THE UNITED STATES

                            January 31, 2024

Ms. Hassan (for herself and Mr. Cornyn) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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 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 utility 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'', 
        ``professional development'', ``secondary school'', ``State'', 
        and ``State educational agency'' 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, means the Secretary of Health and Human Services.
            (4) Synthetic opioid.--The term ``synthetic opioid'' means 
        a substance, including fentanyl and any substituted derivative 
        of fentanyl, that--
                    (A) is synthesized in a laboratory; and
                    (B) acts 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 under which the 
Secretary awards 3-year grants, on a competitive basis, to up to 25 
eligible partnerships to provide support for the prevention of, 
treatment of, and recovery from, disorders stemming from the misuse of 
synthetic opioids, and for the treatment of overdose resulting from the 
use 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, that is seeking to 
                establish or expand a program to reduce the misuse of 
                synthetic opioids and establish recovery programs or 
                services for secondary school-aged children; 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--
                            (i) peer-to-peer support delivered by 
                        individuals with first-hand experience in 
                        recovery; and
                            (ii) communal activities to build recovery 
                        skills and supportive social networks.
    (c) Use of Funds.--An eligible partnership that receives a grant 
under this section shall use the grant funds for any of the following 
evidence-based activities:
            (1) Developing evidence-based materials for teachers to use 
        as a component of classroom instruction, and sharing these 
        materials with parents, caregivers, 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 and overdose prevention.
            (4) Creating efficient and effective multimedia 
        communication campaigns, including through social media, to 
        maximize outreach efforts to students, parents, and families.
            (5) 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.
            (6) Other evidence-based activities as may be specified by 
        the Secretary.
    (d) Contracts With Nonprofit Organizations.--An eligible 
partnership receiving an award under this section may, for purposes of 
carrying out the activities described in subsection (c), enter into 
contracts with nonprofit organizations that--
            (1) specialize in substance misuse prevention education 
        efforts;
            (2) have demonstrated success in reaching, engaging, and 
        supporting local and State educational agencies, Bureau of 
        Indian Education schools, and other schools; and
            (3) have expertise in designing recovery programs for 
        synthetic opioid misuse and overdose prevention.
    (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 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 
                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, 
                students, and parents 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) 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 4 years after receiving such grant.
            (4) Content of reports.--Each report required under 
        paragraph (2) shall include, at a 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) 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 involving 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--
                    (A) submit such reports and a brief overview of the 
                data and outcomes described in such reports to the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate and the Committee on Education and the 
                Workforce and the Committee on Energy and Commerce of 
                the House of Representatives; and
                    (B) make the brief overview of the data and 
                outcomes described in such reports publicly available.
    (i) 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 by 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.
    (j) 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 
2025 through 2027.
    (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.
    (c) Supplement, Not Supplant.--Grant funds provided under this 
title shall be used to supplement, not supplant, other Federal or State 
funds available to carry out activities described in this title.

          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.
            (9) The Director of the National Institutes of Health.
            (10) At least 2, and not more than 3, non-Federal 
        representatives who are parents of youth who died from an 
        overdose of fentanyl or another synthetic opioid.
            (11) At least 1, and not more than 2, non-Federal 
        representatives of 1 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--
                    (A) identifies, analyzes, and evaluates the state 
                of Federal, State, and local programs to address 
                synthetic opioid misuse and overdose in secondary 
                school-aged children, and identifies best practices 
                including--
                            (i) 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
                            (ii) Federal and State programs and 
                        activities to prevent, screen, diagnose, 
                        intervene, and treat synthetic opioid misuse 
                        and overdose in youth; and
                    (B) identifies funding opportunities, including 
                Federal funding, for Federal, State, and local programs 
                to address 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 report under paragraph (1); and
                    (B) how the Task Force and Federal 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, and paraprofessionals, 
                        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, and specialized instructional 
        support personnel, 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 illicit drugs (including 
                        fentanyl and other synthetic opioids) 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.

    The Director of the Centers for Disease Control and Prevention 
shall consult with experts regarding the potential inclusion in the 
data collection survey for the Youth Risk Behavior Surveillance System 
of--
            (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, 2025, the 
Director of the Centers for Disease Control and Prevention shall 
conduct an evaluation to determine the accuracy and completeness 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 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 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 2025 to 
carry out this section.
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