I 

115TH CONGRESS 

2D SESSION H. R. 5272 

To ensure that programs and activities that are funded by a grant, cooperative 

agreement, loan, or loan guarantee from the Department of Health 

and Human Services, and whose purpose is to prevent or treat a mental 

health or substance use disorder, are evidence-based. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2018 

Mr. STIVERS (for himself, Mr. ENGEL, Mrs. COMSTOCK, and Mr. GIBBS) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To ensure that programs and activities that are funded by 

a grant, cooperative agreement, loan, or loan guarantee 

from the Department of Health and Human Services, 

and whose purpose is to prevent or treat a mental health 

or substance use disorder, are evidence-based. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reinforcing Evidence5 Based Standards Under Law in Treating Substance 

6 Abuse Act of 2018’’ or the ‘‘RESULTS Act of 2018’’. 


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1 SEC. 2. ENSURING THAT CERTAIN PROGRAMS AND ACTIVI2 TIES SUPPORTED BY HHS TO PREVENT OR 

3 TREAT MENTAL HEALTH OR SUBSTANCE USE 

4 DISORDERS ARE EVIDENCE-BASED. 

5 (a) IN GENERAL.—Part P of title III of the Public 

6 Health Service Act is amended by inserting after section 

7 399V–6 (42 U.S.C. 280g–17) the following: 

8 ‘‘SEC. 399V–7. ENSURING THAT PROGRAMS AND ACTIVITIES 

9 TO PREVENT OR TREAT MENTAL HEALTH OR 

10 SUBSTANCE USE DISORDERS ARE EVIDENCE11 BASED. 

12 ‘‘(a) IN GENERAL.—In the case of any applicant for 

13 a grant, cooperative agreement, loan, or loan guarantee 

14 from the Department of Health and Human Services to 

15 be used primarily for a program or activity to implement 

16 interventions to prevent or treat a mental health or sub17 stance use disorder, the Secretary shall— 

18 ‘‘(1) require the applicant to submit materials 

19 demonstrating that the program or activity is evi20 dence-based; and 

21 ‘‘(2) subject to subsection (d), post such mate22 rials on the public website of the Department. 

23 ‘‘(b) DELEGATION.—The Secretary shall carry out 

24 this section acting through the head of the relevant agency 

25 or office within the Department of Health and Human 

26 Services. 


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1 ‘‘(c) WAIVERS.— 

2 ‘‘(1) STANDARD.—The Secretary may waive the 

3 applicability of subsection (a) if the applicant in4 volved demonstrates to the Secretary’s satisfaction 

5 that— 

6 ‘‘(A) the programs and activities to be 

7 funded are emergent or innovative; and 

8 ‘‘(B) such programs and activities will con9 tribute to the body of knowledge that is needed 

10 for similar programs and activities (such as 

11 programs targeting specific populations) to be12 come evidence-based. 

13 ‘‘(2) PROCESS; CRITERIA.—The Secretary shall 

14 ensure that— 

15 ‘‘(A) the waiver process under this sub16 section is streamlined and simplified, to the 

17 fullest extent possible; and 

18 ‘‘(B) the criteria for a waiver do not in any 

19 way discourage the funding of emergent or in20 novative programs or activities. 

21 ‘‘(3) AVAILABILITY OF EVIDENCE.—As a condi22 tion on receipt of a waiver under paragraph (1), sub23 ject to subsection (d), the Secretary shall require the 

24 applicant to submit any materials submitted pursu25 ant to such waiver— 


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1 ‘‘(A) to a federally maintained or recog2 nized registry of evidence-based programs or ac3 tivities, or to another evidence-based practice 

4 resource center, to be made publicly available; 

5 or 

6 ‘‘(B) to the Secretary to post on the public 

7 website of the Department of Health and 

8 Human Services. 

9 ‘‘(d) PROTECTION OF CONFIDENTIAL COMMERCIAL

10 INFORMATION.—Nothing in this section shall be construed 

11 to alter the protections offered by laws governing disclo12 sure of confidential commercial or trade secret information 

13 and any other information exempt from disclosure pursu14 ant to section 552(b) of title 5, United States Code. 

15 ‘‘(e) DEFINITION.—In this section, the term ‘evi16 dence-based’ means verified or supported by research or 

17 practices that— 

18 ‘‘(1) are conducted in compliance with rigorous 

19 scientific methods in regards to efficacy and effec20 tiveness; 

21 ‘‘(2) are published in peer-reviewed journals, 

22 where applicable; 

23 ‘‘(3) reflect information that existing clinical 

24 guidelines or leading professional organizations and 


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1 agencies with relevant expertise in the field recognize 

2 as accurate, objective, and complete; or 

3 ‘‘(4) demonstrate the effectiveness of a specific 

4 therapy in practice.’’. 

5 (b) REGULATIONS.—Not later than 180 days after 

6 the date of enactment of this Act, the Secretary of Health 

7 and Human Services shall promulgate final regulations to 

8 carry out section 399V–7 of the Public Health Service 

9 Act, as added by subsection (a). 

10 (c) APPLICABILITY.—Section 399V–7 of the Public 

11 Health Service Act, as added by subsection (a), applies 

12 to any application for a grant, cooperative agreement, 

13 loan, or loan guarantee described in such section 399V– 

14 7 that is submitted to the Department of Health and 

15 Human Services on or after the date that is 1 year after 

16 the date of enactment of this Act. 

Æ 


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