II 

117TH CONGRESS 

2D SESSION S. 3476 

To provide for mental health and substance use disorder services in response 

to public health emergencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 11 (legislative day, JANUARY 10), 2022 

Mr. LUJA ́N (for himself, Ms. COLLINS, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To provide for mental health and substance use disorder 

services in response to public health emergencies, and 

for other purposes. 

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 ‘‘Securing Uninter5 rupted Pandemic Preparation Of Resources and Therapies 

6 Act’’ or the ‘‘SUPPORT Act’’. 


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1 SEC. 2. SUBSTANCE ABUSE AND MENTAL HEALTH SERV2 ICES ADMINISTRATION SERVICES IN RE3 SPONSE TO PUBLIC HEALTH EMERGENCIES. 

4 (a) AUTHORITIES.—Section 501(d) of the Public 

5 Health Service Act (42 U.S.C. 290aa(d)) is amended— 

6 (1) by redesignating paragraphs (24) and (25) 

7 as paragraphs (25) and (26), respectively; and 

8 (2) by inserting after paragraph (23) the fol9 lowing: 

10 ‘‘(24) support the continued access to, or avail11 ability of, mental health and substance use disorder 

12 services during, or in response to, a public health 

13 emergency declared under section 319, including in 

14 consultation with the Assistant Secretary for Pre15 paredness and Response, as appropriate, in pre16 paring for, and responding to, a public health emer17 gency;’’. 

18 (b) STRATEGIC PLAN.—Section 501(l)(4) of the Pub19 lic Health Service Act (42 U.S.C. 290aa(l)(4)) is amend20 ed— 

21 (1) in subparagraph (E), by striking ‘‘and’’ at 

22 the end; 

23 (2) in subparagraph (F), by striking the period 

24 and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(G) specify a strategy to support the con2 tinued access to, or availability of, mental 

3 health and substance use disorder services, in4 cluding to at-risk individuals (as defined in sec5 tion 2802(b)(4)), during, or in response to, 

6 public health emergencies declared pursuant to 

7 section 319.’’. 

8 (c) BIENNIAL REPORT CONCERNING ACTIVITIES AND

9 PROGRESS.—Section 501(m) of the Public Health Service 

10 Act (42 U.S.C. 290aa(m)) is amended— 

11 (1) by redesignating paragraphs (4) through 

12 (7) as paragraphs (5) through (8), respectively; 

13 (2) by inserting after paragraph (3) the fol14 lowing: 

15 ‘‘(4) a description of the Administration’s ac16 tivities to support the continued provision of mental 

17 health and substance use disorder services, as appli18 cable, in response to public health emergencies de19 clared pursuant to section 319;’’; and 

20 (3) in paragraph (5), as so redesignated— 

21 (A) by redesignating subparagraphs (D) 

22 and (E) as subparagraphs (E) and (F), respec23 tively; and 

24 (B) by inserting after subparagraph (C) 

25 the following: 


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1 ‘‘(D) relevant preparedness and response 

2 activities;’’. 

3 (d) ADVISORY COUNCILS.—Not later than one year 

4 after the enactment of this Act, the Assistant Secretary 

5 for Mental Health and Substance Use shall issue a report 

6 to the Committee on Health, Education, Labor, and Pen7 sions of the Senate and the Committee on Energy and 

8 Commerce of the House of Representatives, reflecting the 

9 feedback of the advisory councils for the Center for Sub10 stance Abuse Treatment, the Center for Substance Abuse 

11 Prevention, and the Center for Mental Health Services, 

12 pursuant to section 502 of the Public Health Service Act 

13 (42 U.S.C. 290aa–1), and including recommendations to 

14 improve the continued provision of mental health and sub15 stance use disorder services during a public health emer16 gency declared under section 319 of such Act (42 U.S.C. 

17 247d), and the provision of such services as part of the 

18 public health and medical response to such an emergency, 

19 consistent with title XXVIII of such Act (42 U.S.C. 300hh 

20 et seq.). 

21 (e) GAO REPORT.—Not later than 3 years after the 

22 date of enactment of this Act, the Comptroller General 

23 of the United States shall submit to the Committee on 

24 Health, Education, Labor, and Pensions of the Senate and 

25 the Committee on Energy and Commerce of the House 


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1 of Representatives a report on programs and activities of 

2 the Substance Abuse and Mental Health Services Admin3 istration to support the continued provision of mental 

4 health and substance use disorder services and related ac5 tivities during the COVID–19 pandemic, including the 

6 provision of such services as part of the medical and public 

7 health response to such pandemic. Such report shall— 

8 (1) examine the role played by the advisory 

9 councils described in section 502 of the Public 

10 Health Service Act (42 U.S.C. 290aa–1) and the 

11 National Mental Health and Substance Use Policy 

12 Laboratory established under section 501A of such 

13 Act (42 U.S.C. 290aa–0) in providing technical as14 sistance and recommendations regarding the activi15 ties to support the response of the Substance Abuse 

16 and Mental Health Services Administration to the 

17 public health emergency declared under section 319 

18 of the Public Health Service Act (42 U.S.C. 247d) 

19 with respect to COVID–19; 

20 (2) describe the manner in which existing 

21 awardees of mental health and substance use dis22 order programs altered delivery of services during 

23 such public health emergency; and 

24 (3) describe activities of the Substance Abuse 

25 and Mental Health Services Administration to supVerDate Sep 11 2014 01:14 Jan 12, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3476.IS S3476

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1 port the response to such public health emergency, 

2 including through technical assistance, provision of 

3 services, and any flexibilities provided to such exist4 ing awardees. 

Æ 


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