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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3719 Introduced in House (IH)]

<DOC>

114th CONGRESS
  1st Session
                                H. R. 3719

To provide for the comprehensive approach to eradication of the heroin 
    epidemic, to develop the best practices in law enforcement and 
 prescription medication prescribing practices, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2015

Mr. Guinta (for himself and Ms. Kuster) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
      to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
To provide for the comprehensive approach to eradication of the heroin 
    epidemic, to develop the best practices in law enforcement and 
 prescription medication prescribing practices, 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.

    This Act may be cited as the ``Stop the Overdose Problem Already 
Becoming a Universal Substance Epidemic Act of 2015'' or the ``STOP 
ABUSE Act of 2015''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Prevention and intervention are the best investment.
            (2) According to the 2012 National Survey on Drug Usage and 
        Health, the percent of New Hampshire residents 12 and older 
        reporting ever having used heroin has doubled since 2004, 1.2 
        percent in 2005 and 3.3 percent in 2011.
            (3) The number of patients in New Hampshire admitted to 
        State-funded treatment programs for heroin reached 1,540 in 
        2013, a major increase from the 805 reported in 2004.
            (4) Prescription opioid users admitted rose from 213 in 
        2004 to 1,297 in 2013.
            (5) Drug poisoning (more commonly called overdose) is the 
        number one cause of injury-related death in the United States 
        and deaths involving heroin have been on a steady increase in 
        recent years.
            (6) In 2012, 28 States reported that the death rate for 
        heroin overdose had doubled from 2010 through 2012.
            (7) The increase doubled from 1.2 percent to 2.1 percent 
        per 100,000 population, reflecting the number of deaths having 
        increased from 1,779 to 3,635.
            (8) The number of drug-poisoning deaths involving heroin 
        was nearly four times higher for men (6,525 deaths) than women 
        (1,732 deaths) in 2013.
            (9) The rate of heroin-related overdoses was highest among 
        adults aged 25 to 44 from 2000 through 2013; this is a 2.8-
        percent increase from 1.9 to 5.4.
            (10) In 2013, the Midwest and Northeast regions had higher 
        rates (4.3 and 3.9 per 100,000, respectively). From 2000 
        through 2013, the age-adjusted rate for heroin-related drug-
        poisoning deaths increased in the Midwest region exponentially 
        (from 0.4 to 4.3 per 100,000), increased more than 4-fold in 
        the Northeast region (from 0.9 to 3.9), increased more than 3-
        fold in the South region (from 0.5 to 1.7), and doubled in the 
        West region (from 0.9 to 1.8).
            (11) The greatest increase for drug-poisoning rates was 
        seen in the Midwest region.

SEC. 3. DEVELOPMENT OF BEST PRACTICES.

    (a) Interagency Task Force.--Not later than 120 days after the date 
of enactment of this Act, the Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), in cooperation with 
the Secretary of Veterans Affairs, the Secretary of Defense, the 
Administrator of the Drug Enforcement Administration, the Secretary of 
Homeland Security, and the Attorney General of the United States, shall 
convene an Interagency Task Force to Address Opioid Abuse (referred to 
in this section as the ``Task Force'').
    (b) Membership.--The Task Force shall--
            (1) be comprised of two representatives of each the 
        Department of Health and Human Services, including the Centers 
        for Disease Control and Prevention, the Department of Veterans 
        Affairs, the Department of Defense, the Drug Enforcement 
        Administration, the Office of National Drug Control Policy, the 
        National Academy of Medicine, the National Institutes of 
        Health, the Indian Health Service, the Department of Homeland 
        Security, and the Substance Abuse and Mental Health Services 
        Administration; and
            (2) include physicians, dentists, non-physician 
        prescribers, pharmacists, experts in the fields of pain 
        research and addiction research, and representatives of the 
        mental health treatment community, the addiction treatment 
        community, and pain advocacy groups.
    (c) Duties.--
            (1) Best practices.--Not later than 180 days after the date 
        on which the Task Force is convened, the Task Force shall--
                    (A) develop best practices for pain management and 
                prescription medication prescribing practices, taking 
                into consideration recommendations from--
                            (i) relevant conferences;
                            (ii) ongoing efforts at the State and local 
                        levels; and
                            (iii) medical professional organizations to 
                        develop improved pain management strategies;
                    (B) solicit and take into consideration public 
                comments on the best practices developed under 
                subparagraph (A);
                    (C) develop a strategy for disseminating 
                information about the best practices under subparagraph 
                (A) to all medical and emergency personnel who enforce, 
                prescribe, and treat opioid and heroin addiction; and
                    (D) conduct a study on the feasibility of 
                implementing the best practices developed under 
                subparagraph (A).
            (2) Report to congress.--Not later than 270 days after the 
        date on which the Task Force is convened, the Task Force shall 
        submit to the Congress a report that includes--
                    (A) the strategy under paragraph (1)(C) for 
                disseminating the best practices under paragraph 
                (1)(A);
                    (B) the results of the feasibility study conducted 
                under paragraph (1)(D); and
                    (C) recommendations on how to apply such best 
                practices to improve prescribing practices at medical 
                facilities, including medical facilities of the 
                Veterans Health Administration.
    (d) No Rulemaking Authority.--The Task Force shall not have 
rulemaking authority.

SEC. 4. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL 
              DRUG CRISES.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) is amended by adding at the end of the 
following:

 ``PART LL--GRANTS TO COMBAT DRUG CRISES AND INCARCERATION RELATED TO 
                                DRUG USE

``SEC. 3021. COMMUNITY-BASED COALITION TO ADDRESS LOCAL DRUG CRISES.

    ``(a) Definitions.--In this section:
            ``(1) Drug-free communities act of 1997.--The term `Drug-
        Free Communities Act of 1997' means chapter 2 of the National 
        Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et seq.);
            ``(2) Eligible entity.--The term `eligible entity' means an 
        eligible coalition (as such term is defined under section 1023 
        of the Drug-Free Communities Act of 1997 (21 U.S.C. 1523)) 
        that--
                    ``(A) on or before the date of submitting an 
                application for a grant under this section, received a 
                grant under the Drug-Free Communities Act of 1997; and
                    ``(B) has demonstrated that there is a local drug 
                crisis in the area serviced by the entity, as 
                determined by the Attorney General based on the 
                Monitoring Future Survey published by the National 
                Institute on Drug Abuse and the National Survey on Drug 
                Use and Health by the Substance Abuse and Mental Health 
                Service Administration.
            ``(3) Local drug crisis.--The term `local drug crisis' 
        means, with respect to the area serviced by an eligible 
        entity--
                    ``(A) a sudden increase in the abuse of opioids, as 
                documented by local data; or
                    ``(B) the abuse of prescription medications, 
                specifically opioids, that is significantly higher than 
                the national average, over a sustained period of time, 
                as documented by local data.
    ``(b) Program Authorized.--The Attorney General, in coordination 
with the Director of the National Institute on Drug Abuse and the 
Administrator of the Substance Abuse and Mental Health Services 
Administration, may make grants to eligible entities to implement 
comprehensive, community-wide strategies that address local drug crises 
within the area served by the eligible entity.
    ``(c) Application.--
            ``(1) In general.--An eligible entity desiring a grant 
        under this section shall submit an application to the Attorney 
        General at such time, in such manner, and accompanied by such 
        information as the Attorney General may require.
            ``(2) Criteria.--As part of an application for a grant 
        under this section, the Attorney General shall require an 
        eligible entity to submit a detailed comprehensive, multi-
        sector plan for addressing the local drug crisis within the 
        area served by the eligible entity.
    ``(d) Use of Funds.--An eligible entity shall use a grant received 
under this section--
            ``(1) for programs designed to implement comprehensive, 
        community-wide prevention strategies to address the local drug 
        crisis in the area served by the eligible entity, in accordance 
        with the plan submitted under subsection (c)(2); and
            ``(2) to obtain specialized training and technical 
        assistance from the National Community Antidrug Coalition 
        Institute.
    ``(e) Grant Amounts and Duration.--
            ``(1) Amounts.--The Attorney General may not award a grant 
        under this section for a fiscal year in an amount that 
        exceeds--
                    ``(A) the amount of non-Federal funds raised by the 
                eligible entity, including in-kind contributions, for 
                that fiscal year; or
                    ``(B) $75,000.
            ``(2) Duration.--The Attorney General may not award a grant 
        under this section for a period exceeding 4 years.
    ``(f) Supplement Not Supplant.--An eligible entity shall use 
Federal funds received under this section only to supplement funds that 
would, in the absence of those Federal funds, be made available from 
other Federal and non-Federal sources for the activities described in 
this section, and not to supplant those funds.
    ``(g) Evaluation.--A grant under this section shall be subject to 
the same evaluation requirements and procedures as the evaluation 
requirements and procedures imposed on the recipient of a grant under 
the Drug-Free Communities Act of 1997.
    ``(h) Limitation on Administrative Expenses.--Not more than 8 
percent of the amounts made available to carry out this section for a 
fiscal year may be used by the Attorney General to pay for 
administrative expenses.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2016 through 2020.''.

SEC. 5. LIMITATIONS ON CIVIL LIABILITY FOR CERTAIN INDIVIDUALS WORKING 
              AT OPIOID OVERDOSE PROGRAMS.

    (a) Limitation on Civil Liability for Individuals Working for or 
Volunteering at a State or Local Agency Opioid Overdose Program.--
            (1) In general.--Notwithstanding any other provision of 
        law, except as provided in paragraph (2), no individual who 
        provides an opioid overdose drug shall be liable for harm 
        caused by the emergency administration of an opioid overdose 
        drug by another individual if the individual who provides such 
        drug--
                    (A) works for or volunteers at an opioid overdose 
                program; and
                    (B) provides the opioid overdose drug as part of 
                the opioid overdose program to an individual authorized 
                by the program to receive an opioid overdose drug.
            (2) Exception.--Paragraph (1) shall not apply if the harm 
        was caused by the gross negligence or reckless misconduct of 
        the individual who provides the drug.
    (b) Limitation on Civil Liability for Individuals Who Administer 
Opioid Overdose Drugs.--
            (1) In general.--Notwithstanding any other provision of 
        law, except as provided in paragraph (2), no individual shall 
        be liable for harm caused by the emergency administration of an 
        opioid overdose drug to an individual who has or reasonably 
        appears to have suffered an overdose from heroin or another 
        opioid, if--
                    (A) the individual who administers the opioid 
                overdose drug--
                            (i) obtained the drug from a health care 
                        professional or as part of an opioid overdose 
                        program; or
                            (ii) administers the drug pursuant to a 
                        prescription for an opioid overdose drug that 
                        is approved or licensed under section 505 of 
                        the Federal Food, Drug, and Cosmetic Act (21 
                        U.S.C. 355) or is licensed under section 351 of 
                        the Public Health Service Act (42 U.S.C. 262); 
                        and
                    (B) the individual who administers the opioid 
                overdose drug was educated on--
                            (i) when to administer the drug;
                            (ii) how to administer the drug; and
                            (iii) steps to be taken after the drug is 
                        administered.
            (2) Exception.--Paragraph (1) shall not apply to an 
        individual if the harm was caused by the gross negligence or 
        reckless misconduct of the individual who administers the drug.
    (c) Preemption and Election of State Nonapplicability.--
            (1) Preemption.--Except as provided in paragraph (2), this 
        section preempts the law of a State to the extent that such law 
        is inconsistent with this section, except that this section 
        shall not preempt any State law that provides additional 
        protection from liability relating to the administration of 
        opioid overdose drugs or that shields from liability any person 
        who provides or administers opioid overdose drugs.
            (2) Election of state regarding nonapplicability.--
        Subsections (a) and (b) shall not apply to any civil action in 
        a State court against a person who administers opioid overdose 
        drugs if--
                    (A) all parties to the civil action are citizens of 
                the State in which such action is brought; and
                    (B) the State enacts legislation in accordance with 
                State requirements for enacting legislation--
                            (i) citing the authority of this paragraph;
                            (ii) declaring the election of the State 
                        that such subsections (a) and (b) shall not 
                        apply, as of a date certain, to any civil 
                        actions covered by this section; and
                            (iii) containing no other provisions.
    (d) Definitions.--In this section --
            (1) the term ``health care professional'' means a person 
        licensed by a State to prescribe prescription drugs;
            (2) the term ``opioid overdose drug'' means a drug that, 
        when administered, reverses in whole or part the 
        pharmacological effects of an opioid overdose in the human 
        body; and
            (3) the term ``opioid overdose program'' means a program 
        operated by a local health department, community-based 
        organization, substance abuse treatment organization, law 
        enforcement agency, fire department, other first responder 
        department, or voluntary association or a program funded by a 
        Federal, State, or local government that works to prevent 
        opioid overdoses by in part providing opioid overdose drugs and 
        education to individuals at risk of experiencing an opioid 
        overdose or to an individual in a position to assist another 
        individual at risk of experiencing an opioid overdose.

SEC. 6. OPERATION OF OPIOID TREATMENT PROGRAMS.

    Section 303 of the Controlled Substances Act (21 U.S.C. 823) is 
amended by adding at the end the following:
    ``(i)(1) An opioid treatment program that is registered under this 
section, and that closes for business on any weekday or weekend day, 
including a Federal or State holiday, shall comply with the 
requirements of this subsection.
    ``(2) For each patient who is restricted by a Federal regulation or 
guideline or by the determination of the program medical director from 
having a take-home dose of a controlled substance related to the 
treatment involved, the program shall make acceptable arrangements for 
the patient to receive a dose of that substance under appropriate 
supervision during the closure.
    ``(3) The Administrator of the Substance Abuse and Mental Health 
Services Administration shall issue a notice that references 
regulations on acceptable arrangements under this subsection, or shall 
promulgate regulations on such acceptable arrangements.''.

SEC. 7. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAMS.

    Part LL of the Omnibus Crime Control and Safe Streets Act of 1968, 
as added by section 3, is amended by adding at the end the following:

``SEC. 3022. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAMS.

    ``(a) Definition.--In this section:
            ``(1) The term `eligible entity' means a State, unit of 
        local government, Indian tribe, or nonprofit organization.
            ``(2) The term `eligible participant' means an individual 
        who--
                    ``(A) comes in contact with the juvenile justice 
                system or criminal justice system or is arrested or 
                charged with an offense;
                    ``(B) has a history of or a current--
                            ``(i) substance use disorder;
                            ``(ii) mental illness; or
                            ``(iii) co-occurring mental illness and 
                        substance use disorder; and
                    ``(C) has been approved for participation in a 
                program funded under this section by the relevant law 
                enforcement agency, prosecuting attorney, defense 
                attorney, probation or corrections official, judge, or 
                representative from the relevant mental health or 
                substance abuse agency, as applicable.
    ``(b) Program Authorized.--The Attorney General may make grants to 
eligible entities to develop, implement, or expand a treatment 
alternative to incarceration programs for eligible participants, 
including--
            ``(1) programs for use before the filing of criminal 
        charges against an individual, which shall include--
                    ``(A) training for law enforcement officers on 
                substance use disorders, mental illness, and co-
                occurring mental illness and substance use disorders;
                    ``(B) the use of receiving centers as alternatives 
                to incarceration of eligible participants;
                    ``(C) the use of specialized response units for 
                calls related to substance use disorders, mental 
                illness, and co-occurring mental illness and substance 
                use disorders; and
                    ``(D) other arrest and pre-booking treatment 
                alternative to incarceration models; and
            ``(2) programs for use after the filing of criminal charges 
        against an individual, which shall include--
                    ``(A) specialized clinical case management;
                    ``(B) pre-trial services related to substance use 
                disorders, mental illness, and co-occurring mental 
                illness and substance use disorders;
                    ``(C) prosecutor and defense-based programs;
                    ``(D) specialized probation;
                    ``(E) programs utilizing the American Society of 
                Addition Medicine patient placement criteria;
                    ``(F) treatment and rehabilitation programs and 
                recovery support services; and
                    ``(G) drug courts, DWI courts, and veterans 
                treatment courts.
    ``(c) Application.--
            ``(1) In general.--An eligible entity seeking a grant under 
        this section shall submit an application to the Attorney 
        General that meets the criteria in paragraph (2) at such time, 
        in such manner, and accompanied by such additional information 
        as the Attorney General may reasonably require.
            ``(2) Criteria.--An eligible entity, in submitting an 
        application under paragraph (1), shall provide evidence that 
        the entity, with regard to the alternative to incarceration 
        program for which it seeks funds under this section--
                    ``(A) has collaborated or will collaborate with the 
                State and local government agencies overseeing health, 
                community corrections, courts, prosecution, substance 
                abuse, mental health, victims services, and employment 
                services, and with local law enforcement agencies;
                    ``(B) has consulted or will consult with the State 
                authority for substance abuse;
                    ``(C) will use evidence-based screening and 
                assessment treatment practices;
                    ``(D) will use evidence-based screening and 
                assessment tools to place participants in the treatment 
                alternative to the incarceration program; and
                    ``(E) will use evidence-based methodology and 
                outcome measurements to evaluate the program, and 
                provide a description of--
                            ``(i) such methodology and measurements, 
                        including how such measurements will provide 
                        valid measures of the impact of the program; 
                        and
                            ``(ii) how the program could be broadly 
                        replicated if demonstrated to be effective.
    ``(d) Requirements.--An eligible entity awarded a grant for a 
treatment alternative to incarceration program under this section 
shall--
            ``(1) determine the terms and conditions under which 
        eligible participants may participate in the program, taking 
        into consideration the collateral consequences of an arrest, 
        prosecution, or criminal conviction;
            ``(2) ensure that each substance abuse and mental health 
        treatment component of the program is licensed and qualified by 
        the relevant jurisdiction;
            ``(3) organize an enforcement unit of the program comprised 
        of appropriately trained law enforcement professionals who are 
        supervised by the State, tribal, or local criminal justice 
        agency involved in the administration of the program, the 
        duties of which shall include--
                    ``(A) the verification of addresses and other 
                contacts of each eligible participant who participates 
                or seeks to participate in the program; and
                    ``(B) if necessary, the location, apprehension, 
                arrest, and return to court of an eligible participant 
                in the program who has absconded from the facility of a 
                treatment provider or has otherwise violated the terms 
                and conditions of the program, consistent with Federal 
                and State confidentiality requirements;
            ``(4) notify the relevant criminal justice entity if any 
        eligible participant in the program absconds from the facility 
        of the treatment provider or otherwise violates the terms and 
        conditions of the program, consistent with Federal and State 
        confidentiality requirements; and
            ``(5) submit periodic reports on the progress of treatment 
        or other measured outcomes from participation in the program of 
        each eligible offender participating in the program to the 
        relevant State, tribal, or local criminal justice agency, 
        consistent with Federal and State confidentiality requirements.
    ``(e) Use of Funds.--An eligible entity shall use a grant received 
under this section for the costs of the treatment alternative to 
incarceration program, including--
            ``(1) salaries, personnel costs, equipment costs, and other 
        costs directly related to the operation of the program, 
        including the enforcement unit;
            ``(2) payments for treatment providers that are approved by 
        the relevant State or tribal jurisdiction and licensed, if 
        necessary, to provide needed treatment to eligible offenders 
        participating in the program, including medication-assisted 
        treatment, aftercare supervision, vocational training, 
        education, and job placement; and
            ``(3) payments to public and nonprofit private entities 
        that are approved by the State or tribal jurisdiction and 
        licensed, if necessary, to provide alcohol and drug addiction 
        treatment and mental health treatment to eligible offenders 
        participating in the program.
    ``(f) Supplement Not Supplant.--An eligible entity shall use 
Federal funds received under this section only to supplement the funds 
that would, in the absence of those Federal funds, be made available 
from other Federal and non-Federal sources for activities described in 
this section, and not to supplant those funds.
    ``(g) Geographic Distribution.--The Attorney General shall ensure 
that, to the extent practicable, the geographical distribution of 
grants awarded under this section is equitable and includes a grant to 
an eligible entity in--
            ``(1) each State;
            ``(2) rural, suburban, and urban areas; and
            ``(3) tribal jurisdictions.
    ``(h) Reports and Evaluations.--
            ``(1) In general.--Each fiscal year, a recipient of a grant 
        under this section during that fiscal year shall submit to the 
        Attorney General a report containing the information described 
        in paragraph (2), as well as such additional information as the 
        Attorney General may reasonably require. The recipient shall 
        submit such report in such form and on such dates as the 
        Attorney General specifies.
            ``(2) Contents.--A report submitted under paragraph (1) 
        shall--
                    ``(A) describe best practices for treatment 
                alternatives; and
                    ``(B) identify training requirements for law 
                enforcement officers who participate in treatment 
                alternatives to incarceration programs.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2016 through 2020.''.

SEC. 8. REAUTHORIZATION OF THE HIGH INTENSITY DRUG TRAFFICKING AREA 
              UNDER THE OFFICE OF NATIONAL DRUG CONTROL POLICY.

    Section 707 of the Office of National Drug Control Policy 
Reauthorization Act of 1998 (21 U.S.C. 1706) is amended by striking 
subsection (p) and inserting the following:
    ``(p) Authorization of Appropriations.--There is authorized to be 
appropriated to the Office of National Drug Control Policy to carry out 
this section $280,000,000 for each of fiscal years 2016 through 
2020.''.

SEC. 9. REAUTHORIZATION OF THE CONTROLLED SUBSTANCE MONITORING PROGRAM.

    (a) Amendment to Purpose.--Paragraph (1) of section 2 of the 
National All Schedules Prescription Electronic Reporting Act of 2005 
(Public Law 109-60) is amended to read as follows:
            ``(1) foster the establishment of State-administered 
        controlled substance monitoring systems in order to ensure 
        that--
                    ``(A) health care providers have access to the 
                accurate, timely prescription history information that 
                they may use as a tool for the early identification of 
                patients at risk for addiction in order to initiate 
                appropriate medical interventions and avert the tragic 
                personal, family, and community consequences of 
                untreated addiction; and
                    ``(B) appropriate law enforcement, regulatory, and 
                State professional licensing authorities have access to 
                prescription history information for the purposes of 
                investigating drug diversion and prescribing and 
                dispensing practices of errant prescribers or 
                pharmacists; and''.
    (b) Amendments to Controlled Substance Monitoring Program.--Section 
399O of the Public Health Service Act (42 U.S.C. 280g-3) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``or'';
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(C) to maintain and operate an existing State-
                controlled substance monitoring program.''; and
                    (B) in paragraph (3), by inserting ``by the 
                Secretary'' after ``Grants awarded'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Minimum Requirements.--The Secretary shall maintain and, as 
appropriate, supplement or revise (after publishing proposed additions 
and revisions in the Federal Register and receiving public comments 
thereon) minimum requirements for criteria to be used by States for 
purposes of clauses (ii), (v), (vi), and (vii) of subsection 
(c)(1)(A).'';
            (3) in subsection (c)--
                    (A) in paragraph (1)(B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``(a)(1)(B)'' and inserting 
                        ``(a)(1)(B) or (a)(1)(C)'';
                            (ii) in clause (i), by striking ``program 
                        to be improved'' and inserting ``program to be 
                        improved or maintained'';
                            (iii) by redesignating clauses (iii) and 
                        (iv) as clauses (iv) and (v), respectively;
                            (iv) by inserting after clause (ii) the 
                        following:
                            ``(iii) a plan to apply the latest advances 
                        in health information technology in order to 
                        incorporate prescription drug monitoring 
                        program data directly into the workflow of 
                        prescribers and dispensers to ensure timely 
                        access to patients' controlled prescription 
                        drug history;'';
                            (v) in clause (iv), as redesignated, by 
                        inserting before the semicolon at the end ``and 
                        at least one health information technology 
                        system such as an electronic health records 
                        system, a health information exchange, or an e-
                        prescribing system''; and
                            (vi) in clause (v), as redesignated, by 
                        striking ``public health'' and inserting 
                        ``public health or public safety'';
                    (B) in paragraph (3)--
                            (i) by striking ``If a State that submits'' 
                        and inserting the following:
                    ``(A) In general.--If a State that submits'';
                            (ii) by striking the period at the end and 
                        inserting ``and include timelines for full 
                        implementation of such interoperability. The 
                        State shall also describe the manner in which 
                        it will achieve interoperability between its 
                        monitoring program and health information 
                        technology systems, as allowable under State 
                        law, and include timelines for implementation 
                        of such interoperability.''; and
                            (iii) by adding at the end the following:
                    ``(B) Monitoring of efforts.--The Secretary shall 
                monitor State efforts to achieve interoperability, as 
                described in subparagraph (A).'';
                    (C) in paragraph (5)--
                            (i) by striking ``implement or improve'' 
                        and inserting ``establish, improve, or 
                        maintain''; and
                            (ii) by adding at the end the following: 
                        ``The Secretary shall redistribute any funds 
                        that are so returned among the remaining 
                        grantees under this section in accordance with 
                        the formula described in subsection 
                        (a)(2)(B).'';
            (4) in subsection (d)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``In implementing or 
                        improving'' and all that follows through 
                        ``(a)(1)(B)'' and inserting ``In establishing, 
                        improving, or maintaining a controlled 
                        substance monitoring program under this 
                        section, a State shall comply, or with respect 
                        to a State that applies for a grant under 
                        subparagraph (B) or (C) of subsection (a)(1)''; 
                        and
                            (ii) by striking ``public health'' and 
                        inserting ``public health or public safety''; 
                        and
                    (B) by adding at the end the following:
            ``(5) The State shall report to the Secretary on--
                    ``(A) as appropriate, interoperability with the 
                controlled substance monitoring programs of Federal 
                departments and agencies;
                    ``(B) as appropriate, interoperability with health 
                information technology systems such as electronic 
                health records systems, health information exchanges, 
                and e-prescribing systems; and
                    ``(C) whether or not the State provides automatic, 
                real-time or daily information about a patient when a 
                practitioner (or the designee of a practitioner, where 
                permitted) requests information about such patient.'';
            (5) in subsections (e), (f)(1), and (g), by striking 
        ``implementing or improving'' each place it appears and 
        inserting ``establishing, improving, or maintaining'';
            (6) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), by striking 
                        ``misuse of a schedule II, III, or IV 
                        substance'' and inserting ``misuse of a 
                        controlled substance included in schedule II, 
                        III, or IV of section 202(c) of the Controlled 
                        Substance Act''; and
                            (ii) in subparagraph (D), by inserting ``a 
                        State substance abuse agency,'' after ``a State 
                        health department,''; and
                    (B) by adding at the end the following:
            ``(3) Evaluation and reporting.--Subject to subsection (g), 
        a State receiving a grant under subsection (a) shall provide 
        the Secretary with aggregate data and other information 
        determined by the Secretary to be necessary to enable the 
        Secretary--
                    ``(A) to evaluate the success of the State's 
                program in achieving its purposes; or
                    ``(B) to prepare and submit the report to Congress 
                required by subsection (l)(2).
            ``(4) Research by other entities.--A department, program, 
        or administration receiving nonidentifiable information under 
        paragraph (1)(D) may make such information available to other 
        entities for research purposes.'';
            (7) by redesignating subsections (h) through (n) as 
        subsections (j) through (p), respectively;
            (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking 
        ``subsection (h)'' each place it appears and inserting 
        ``subsection (j)'';
            (9) by inserting after subsection (g) the following:
    ``(h) Education and Access to the Monitoring System.--A State 
receiving a grant under subsection (a) shall take steps to--
            ``(1) facilitate prescriber and dispenser use of the 
        State's controlled substance monitoring system;
            ``(2) educate prescribers and dispensers on the benefits of 
        the system both to them and society; and
            ``(3) facilitate linkage to the State substance abuse 
        agency and substance abuse disorder services.
    ``(i) Consultation With Attorney General.--In carrying out this 
section, the Secretary shall consult with the Attorney General of the 
United States and other relevant Federal officials to--
            ``(1) ensure maximum coordination of controlled substance 
        monitoring programs and related activities; and
            ``(2) minimize duplicative efforts and funding.'';
            (10) in subsection (l)(2)(A), as redesignated by paragraph 
        (7)--
                    (A) in clause (ii), by inserting ``; established or 
                strengthened initiatives to ensure linkages to 
                substance use disorder services;'' before ``or affected 
                patient access''; and
                    (B) in clause (iii), by inserting ``and between 
                controlled substance monitoring programs and health 
                information technology systems,'' before ``, including 
                an assessment'';
            (11) by striking subsection (m) (relating to preference), 
        as redesignated by paragraph (7);
            (12) by redesignating subsections (m) through (o), as 
        redesignated by paragraph (7), as subsections (l) through (o), 
        respectively;
            (13) in subsection (m)(1), as redesignated by paragraph 
        (12), by striking ``establishment, implementation, or 
        improvement'' and inserting ``establishment, improvement, or 
        maintenance'';
            (14) in subsection (n)--
                    (A) in paragraph (5)--
                            (i) by striking ``means the ability'' and 
                        inserting the following: ``means--
                    ``(A) the ability'';
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(B) sharing of State controlled substance 
                monitoring program information with a health 
                information technology system such as an electronic 
                health records system, a health information exchange, 
                or an e-prescribing system.'';
                    (B) in paragraph (7), by striking ``pharmacy'' and 
                inserting ``pharmacist''; and
                    (C) in paragraph (8), by striking ``and the 
                District of Columbia'' and inserting ``, the District 
                of Columbia, and any commonwealth or territory of the 
                United States''; and
            (15) by amending subsection (o), as redesignated by 
        paragraph (12), to read as follows:
    ``(o) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $10,000,000 for each of fiscal 
years from 2016 through 2020.''.

SEC. 10. OFFSET.

    It is the sense of Congress that the amounts expended to carry out 
this Act and the amendments made by this Act should be offset by a 
corresponding reduction in Federal discretionary spending.
                                 <all>
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