[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Pages 16027-16028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07681]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6143-N-01]


SUPPORT for Patients and Communities Act; Establishment of 
Funding Formula

AGENCY: Office of the Assistant Secretary for Policy Development and 
Research, HUD.

ACTION: Notice.

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SUMMARY: This document establishes the funding formula that would 
allocate funds ``for assistance to States to provide individuals in 
recovery from a substance use disorder stable, temporary housing for a 
period of not more than 2 years or until the individual secures 
permanent housing, whichever is earlier'', as enacted by the SUPPORT 
for Patients and Communities Act on October 24, 2018. The law requires 
that the formula be established by the Secretary ``not later than 60 
days after the date of enactment''. At this time, no funds have been 
appropriated for this program.

FOR FURTHER INFORMATION CONTACT: For questions on how this formula was 
developed, contact Todd M. Richardson, General Deputy Assistant 
Secretary, Office of Policy Development and Research, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 8100, 
Washington, DC 20410-6000; telephone number 202-402-5706, or send an 
email to [email protected]. (These are not toll-free telephone 
numbers.) A text telephone is available for persons with hearing or 
speech impairments at 800-877-8339. Additional copies of this notice 
are available through HUD User at 800-245-2691 for a small fee to cover 
duplication and mailing costs.

SUPPLEMENTARY INFORMATION: 

I. This Notice

    Section 8071 of the ''Substance Use-Disorder Prevention that 
Promotes Opioid Recovery and Treatment for Patients and Communities 
Act'' or the ''SUPPORT for Patients and Communities Act'' (Pub. L. 115-
271, approved October 24, 2018) (the Act), the Secretary of HUD must 
establish a funding formula within 60 days of enactment to allocate 
whatever funds are appropriated ``for assistance to States to provide 
individuals in recovery from a substance use disorder stable, temporary 
housing for a period of not more than 2 years or until the individual 
secures permanent housing, whichever is earlier''. The purpose of this 
notice is to establish this formula.

II. Data Used To Establish the Formula

    The Act has specific criteria that the Secretary must use to 
establish the formula. Those criteria first limit the number of 
eligible states \1\ to receive funding to just those ``States with an 
age-adjusted rate of drug overdose deaths that is above the national

[[Page 16028]]

overdose mortality rate, according to the Centers for Disease Control 
and Prevention''. The national age adjusted overdose mortality rate in 
2016 was 19.8 per 100,000 persons. There were 25 states, including the 
District of Columbia, above the national rate.
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    \1\ Section 8071 (g) ``includes any State as defined in section 
102 of the Housing and Community Development Act of 1974 (42 U.S.C. 
5302) and the District of Columbia''.
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    Among the eligible states, the Act requires that the formula to be 
needs based, with states having greater need getting more funding. The 
Act specifies that need be determined using the following criteria:
     The highest average rates of unemployment based on data 
provided by the Bureau of Labor Statistics for calendar years 2013 
through 2017; with this factor weighted at 15 percent. To calculate 
this factor, HUD uses the Bureau of Labor Statistics Local Area 
Unemployment Statistics (LAUS) Annual Average Series data downloaded 
from https://www.bls.gov/lau/rdscnp16.htm on November 28, 2018.
     The lowest average labor force participation rates based 
on data provided by the Bureau of Labor Statistics for calendar years 
2013 through 2017; with this factor weighted at 15%. For purposes of 
creating a variable that results in a larger number equaling the 
problem, HUD has calculated the highest average NON-participation in 
the labor force rate. This is calculated as the non-institutionalized 
population over age 16 less those employed and looking for work 
(unemployed). To calculate this factor, HUD uses the Bureau of Labor 
Statistics Local Area Unemployment Statistics (LAUS) Annual Average 
Series data downloaded from https://www.bls.gov/lau/rdscnp16.htm on 
November 28, 2018.
     The highest age-adjusted rates of drug overdose deaths 
based on data from the Centers for Disease Control and Prevention; with 
this factor weighted at 70 percent. The 2016 rates were downloaded from 
https://www.cdc.gov/drugoverdose/data/statedeaths.html on November 21, 
2018.
    The statute is specific that the data for the first two factors of 
the formula be from 2013 through 2017. The statute does not specify the 
currency of the data to be used for determining the eligible states as 
well as the third factor, overdose deaths. For this Notice, and for any 
funds that are appropriated in FY 2019 for allocation by this formula, 
HUD will use the 2016 overdose death rates that were available within 
60 days of the law passing. If funds are appropriated in any year after 
FY 2019, HUD will redetermine eligible states and recalculate the 
formula using the most current data on drug overdose deaths available 
within 60 days of when funds are appropriated.

III. Formula

    For the eligible states, including the District of Columbia, HUD is 
establishing the formula based on rates of problems rather than on 
shares of the count of problems. The specific formula is represented by 
the following equation, where the weight specifies what percent of the 
funds will be allocated on that specific variable:

[0.15 * Average unemployment rate 2013 to 2017 in a state
Sum of Average unemployment rate 2013 to 2017 in the eligible states
+ 0.15 * Average of the rates of persons outside of the labor force 
2013 to 2017 in a state
Sum of the averages of rate of persons outside of the labor force 
2013 to 2017 in the eligible states
+ 0.70 * Average age-adjusted drug overdose deaths in a state
Sum of the averages of age-adjusted drug overdose deaths in the 
eligible states]

    At this time, no funds have been appropriated for this program. If 
funds are appropriated in FY 2019, the funds would be allocated based 
on the percentages shown in Table 1. Table 1 shows the percent 
allocated, in order of highest percent allocated to lowest among the 25 
states and the District of Columbia that have an age-adjusted rate of 
drug overdose deaths that is above the national overdose mortality 
rate. For example, this allocation would provide 6.47 percent of 
whatever is allocated to West Virginia and 5.01 percent to the District 
of Columbia, the two states with the greatest need as measured by 
percent of problems described above.

            Table 1--Allocation Result of Established Formula
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                                                            Percent of
                                                           appropriated
                       State name                              funds
                                                             allocated
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West Virginia...........................................            6.47
District of Columbia....................................            5.01
Ohio....................................................            5.00
Pennsylvania............................................            4.90
New Hampshire...........................................            4.68
Kentucky................................................            4.56
Maryland................................................            4.31
Massachusetts...........................................            4.30
Rhode Island............................................            4.26
Delaware................................................            4.17
Maine...................................................            3.88
Connecticut.............................................            3.85
New Mexico..............................................            3.84
Michigan................................................            3.67
Tennessee...............................................            3.63
Florida.................................................            3.56
New Jersey..............................................            3.49
Indiana.................................................            3.48
Nevada..................................................            3.46
Missouri................................................            3.43
Louisiana...............................................            3.42
Arizona.................................................            3.28
Oklahoma................................................            3.21
Utah....................................................            3.08
Vermont.................................................            3.07
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    Total...............................................          100.00
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Findings and Certifications

Environmental Impact
    This notice involves the establishment of a formula allocation and 
does not constitute a development decision affecting the physical 
condition of specific project areas or building sites. Accordingly, 
under 40 CFR 1508.4 of the regulations of the Council on Environmental 
Quality and 24 CFR 50.19(c)(6) of HUD's regulations, this notice is 
categorically excluded from environmental review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321).
Federalism Impact
    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any policy document that has federalism implications if 
the document either imposes substantial direct compliance costs on 
state and local governments and is not required by statute, or the 
document preempts state law, unless the agency meets the consultation 
and funding requirements of section 6 of the executive order. This 
notice establishes a formula as required under the SUPPORT for Patients 
and Communities Act, for allocating funds to states, subject to 
appropriations. This notice also details the technical methods used in 
making said formula. As a result, this notice is not subject to review 
under the order.

    Dated: April 11, 2019.
Todd M. Richardson,
General Deputy Assistant Secretary for Policy Development and Research.
[FR Doc. 2019-07681 Filed 4-16-19; 8:45 am]
 BILLING CODE 4210-67-P