Sec. 101. Opioid Epidemic Response Fund
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The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall use any funds appropriated pursuant to the authorization of appropriations under subsection
(c)to carry out the programs and activities described in subsection
(d)to address the opioid and substance use epidemic. Such funds shall be in addition to any funds which are otherwise available to carry out such programs and activities. There is established in the Treasury an account, to be known as the Opioid Epidemic Response Fund (referred to in this section as the Fund ), for purposes of funding the programs and activities described in subsection (d). For each of fiscal years 2020 through 2024, $5,000,000,000 shall be transferred to the Fund from the general fund of the Treasury. Any amounts transferred under paragraph
(2)shall remain unavailable in the Fund until such amounts are appropriated pursuant to subsection (c). For the period of fiscal years 2020 through 2024, there is authorized to be appropriated from the Fund to the Department of Health and Human Services, for the purpose of carrying out the programs and activities described in subsection (d), an amount not to exceed the total amount transferred to the Fund under subsection (b)(2), to remain available until expended. For any of fiscal years 2020 through 2024, for any discretionary appropriation to the Department of Health and Human Services (or any agency therein) pursuant to the authorization of appropriations under paragraph
(1)for the purpose of carrying out the programs and activities described in subsection (d), the total amount of such appropriations for the applicable fiscal year (not to exceed the total amount remaining in the Account) shall be subtracted from the estimate of discretionary budget authority and the resulting outlays for any estimate under the Congressional Budget and Impoundment Control Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985, and the amount transferred to the Fund shall be reduced by the same amount. Of the total amount authorized to be appropriated from the Fund to the Department of Health and Human Services by subsection (c)(1), such amount shall be allocated as follows: For the Substance Abuse and Mental Health Services Administration to carry out programs and activities pursuant to section 102, $3,650,000,000 for each of fiscal years 2020 through 2024. For the Centers for Disease Control and Prevention to carry out programs and activities pursuant to section 103, $500,000,000 for each of fiscal years 2020 through 2024. For the Food and Drug Administration to carry out programs and activities pursuant to section 104, $65,000,000 for each of fiscal years 2020 through 2024. For the National Institutes of Health to carry out programs and activities pursuant to section 105, $500,000,000 for each of fiscal years 2020 through 2024. For the Health Resources and Services Administration to carry out programs and activities pursuant to section 106, $235,000,000 for each of fiscal years 2020 through 2024. For the Administration for Children and Families to carry out programs and activities pursuant to section 107, $50,000,000 for each of fiscal years 2020 through 2024. Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, a work plan including the proposed allocation of funds appropriated pursuant to the authorization of appropriations under subsection
(c)for each of fiscal years 2020 through 2024 and the contents described in subparagraph (B). The work plan submitted under subparagraph
(A)shall include— the amount of money to be obligated or expended out of the Fund in each fiscal year for each program and activity described in subsection (d); and a description and justification of each such program and activity. Not later than October 1 of each of fiscal years 2020 through 2024, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, a report including— the amount of money obligated or expended out of the Fund in the prior fiscal year for each program and activity described in subsection (d); a description of all programs and activities using funds provided pursuant to the authorization of appropriations under subsection (c); and how the programs and activities are responding to the opioid epidemic. At the request of the Committee on Health, Education, Labor, and Pensions or the Committee on Appropriations of the Senate, or the Committee on Energy and Commerce or the Committee on Appropriations of the House of Representatives, the Secretary of Health and Human Services shall provide an update in the form of testimony and any additional reports to the respective congressional committee regarding the allocation of funding under this section or the description of the programs and activities undertaken with such funding. Notwithstanding any transfer authority authorized by this Act or any appropriations Act, any funds made available pursuant to the authorization of appropriations under subsection
(c)may not be used for any purpose other than the programs and activities described in subsection
(d)to address the opioid and substance use epidemic. This section shall expire at the end of fiscal year 2029.