I 

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. 

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 ‘‘Stop the Overdose 

5 Problem Already Becoming a Universal Substance Epi6 demic Act of 2015’’ or the ‘‘STOP ABUSE Act of 2015’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Prevention and intervention are the best in4 vestment. 

5 (2) According to the 2012 National Survey on 

6 Drug Usage and Health, the percent of New Hamp7 shire residents 12 and older reporting ever having 

8 used heroin has doubled since 2004, 1.2 percent in 

9 2005 and 3.3 percent in 2011. 

10 (3) The number of patients in New Hampshire 

11 admitted to State-funded treatment programs for 

12 heroin reached 1,540 in 2013, a major increase from 

13 the 805 reported in 2004. 

14 (4) Prescription opioid users admitted rose 

15 from 213 in 2004 to 1,297 in 2013. 

16 (5) Drug poisoning (more commonly called 

17 overdose) is the number one cause of injury-related 

18 death in the United States and deaths involving her19 oin have been on a steady increase in recent years. 

20 (6) In 2012, 28 States reported that the death 

21 rate for heroin overdose had doubled from 2010 

22 through 2012. 

23 (7) The increase doubled from 1.2 percent to 

24 2.1 percent per 100,000 population, reflecting the 

25 number of deaths having increased from 1,779 to 

26 3,635. 


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1 (8) The number of drug-poisoning deaths in2 volving heroin was nearly four times higher for men 

3 (6,525 deaths) than women (1,732 deaths) in 2013. 

4 (9) The rate of heroin-related overdoses was 

5 highest among adults aged 25 to 44 from 2000 

6 through 2013; this is a 2.8-percent increase from 

7 1.9 to 5.4. 

8 (10) In 2013, the Midwest and Northeast re9 gions had higher rates (4.3 and 3.9 per 100,000, re10 spectively). From 2000 through 2013, the age-ad11 justed rate for heroin-related drug-poisoning deaths 

12 increased in the Midwest region exponentially (from 

13 0.4 to 4.3 per 100,000), increased more than 4-fold 

14 in the Northeast region (from 0.9 to 3.9), increased 

15 more than 3-fold in the South region (from 0.5 to 

16 1.7), and doubled in the West region (from 0.9 to 

17 1.8). 

18 (11) The greatest increase for drug-poisoning 

19 rates was seen in the Midwest region. 

20 SEC. 3. DEVELOPMENT OF BEST PRACTICES. 

21 (a) INTERAGENCY TASK FORCE.—Not later than 120 

22 days after the date of enactment of this Act, the Secretary 

23 of Health and Human Services (referred to in this section 

24 as the ‘‘Secretary’’), in cooperation with the Secretary of 

25 Veterans Affairs, the Secretary of Defense, the AdminisVerDate Sep 11 2014 20:12 Oct 14, 2015 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3719.IH H3719

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1 trator of the Drug Enforcement Administration, the Sec2 retary of Homeland Security, and the Attorney General 

3 of the United States, shall convene an Interagency Task 

4 Force to Address Opioid Abuse (referred to in this section 

5 as the ‘‘Task Force’’). 

6 (b) MEMBERSHIP.—The Task Force shall— 

7 (1) be comprised of two representatives of each 

8 the Department of Health and Human Services, in9 cluding the Centers for Disease Control and Preven10 tion, the Department of Veterans Affairs, the De11 partment of Defense, the Drug Enforcement Admin12 istration, the Office of National Drug Control Pol13 icy, the National Academy of Medicine, the National 

14 Institutes of Health, the Indian Health Service, the 

15 Department of Homeland Security, and the Sub16 stance Abuse and Mental Health Services Adminis17 tration; and 

18 (2) include physicians, dentists, non-physician 

19 prescribers, pharmacists, experts in the fields of pain 

20 research and addiction research, and representatives 

21 of the mental health treatment community, the ad22 diction treatment community, and pain advocacy 

23 groups. 

24 (c) DUTIES.— 


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1 (1) BEST PRACTICES.—Not later than 180 days 

2 after the date on which the Task Force is convened, 

3 the Task Force shall— 

4 (A) develop best practices for pain man5 agement and prescription medication pre6 scribing practices, taking into consideration rec7 ommendations from— 

8 (i) relevant conferences; 

9 (ii) ongoing efforts at the State and 

10 local levels; and 

11 (iii) medical professional organizations 

12 to develop improved pain management 

13 strategies; 

14 (B) solicit and take into consideration pub15 lic comments on the best practices developed 

16 under subparagraph (A); 

17 (C) develop a strategy for disseminating 

18 information about the best practices under sub19 paragraph (A) to all medical and emergency 

20 personnel who enforce, prescribe, and treat 

21 opioid and heroin addiction; and 

22 (D) conduct a study on the feasibility of 

23 implementing the best practices developed 

24 under subparagraph (A). 


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1 (2) REPORT TO CONGRESS.—Not later than 

2 270 days after the date on which the Task Force is 

3 convened, the Task Force shall submit to the Con4 gress a report that includes— 

5 (A) the strategy under paragraph (1)(C) 

6 for disseminating the best practices under para7 graph (1)(A); 

8 (B) the results of the feasibility study con9 ducted under paragraph (1)(D); and 

10 (C) recommendations on how to apply such 

11 best practices to improve prescribing practices 

12 at medical facilities, including medical facilities 

13 of the Veterans Health Administration. 

14 (d) NO RULEMAKING AUTHORITY.—The Task Force 

15 shall not have rulemaking authority. 

16 SEC. 4. COMMUNITY-BASED COALITION ENHANCEMENT 

17 GRANTS TO ADDRESS LOCAL DRUG CRISES. 

18 Title I of the Omnibus Crime Control and Safe 

19 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 

20 by adding at the end of the following: 

21 ‘‘PART LL—GRANTS TO COMBAT DRUG CRISES 

22 AND INCARCERATION RELATED TO DRUG USE 

23 ‘‘SEC. 3021. COMMUNITY-BASED COALITION TO ADDRESS 

24 LOCAL DRUG CRISES. 

25 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) DRUG-FREE COMMUNITIES ACT OF 1997.— 

2 The term ‘Drug-Free Communities Act of 1997’ 

3 means chapter 2 of the National Narcotics Leader4 ship Act of 1988 (21 U.S.C. 1521 et seq.); 

5 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en6 tity’ means an eligible coalition (as such term is de7 fined under section 1023 of the Drug-Free Commu8 nities Act of 1997 (21 U.S.C. 1523)) that— 

9 ‘‘(A) on or before the date of submitting 

10 an application for a grant under this section, 

11 received a grant under the Drug-Free Commu12 nities Act of 1997; and 

13 ‘‘(B) has demonstrated that there is a local 

14 drug crisis in the area serviced by the entity, as 

15 determined by the Attorney General based on 

16 the Monitoring Future Survey published by the 

17 National Institute on Drug Abuse and the Na18 tional Survey on Drug Use and Health by the 

19 Substance Abuse and Mental Health Service 

20 Administration. 

21 ‘‘(3) LOCAL DRUG CRISIS.—The term ‘local 

22 drug crisis’ means, with respect to the area serviced 

23 by an eligible entity— 

24 ‘‘(A) a sudden increase in the abuse of 

25 opioids, as documented by local data; or 


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1 ‘‘(B) the abuse of prescription medications, 

2 specifically opioids, that is significantly higher 

3 than the national average, over a sustained pe4 riod of time, as documented by local data. 

5 ‘‘(b) PROGRAM AUTHORIZED.—The Attorney Gen6 eral, in coordination with the Director of the National In7 stitute on Drug Abuse and the Administrator of the Sub8 stance Abuse and Mental Health Services Administration, 

9 may make grants to eligible entities to implement com10 prehensive, community-wide strategies that address local 

11 drug crises within the area served by the eligible entity. 

12 ‘‘(c) APPLICATION.— 

13 ‘‘(1) IN GENERAL.—An eligible entity desiring a 

14 grant under this section shall submit an application 

15 to the Attorney General at such time, in such man16 ner, and accompanied by such information as the 

17 Attorney General may require. 

18 ‘‘(2) CRITERIA.—As part of an application for 

19 a grant under this section, the Attorney General 

20 shall require an eligible entity to submit a detailed 

21 comprehensive, multi-sector plan for addressing the 

22 local drug crisis within the area served by the eligi23 ble entity. 

24 ‘‘(d) USE OF FUNDS.—An eligible entity shall use a 

25 grant received under this section— 


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1 ‘‘(1) for programs designed to implement com2 prehensive, community-wide prevention strategies to 

3 address the local drug crisis in the area served by 

4 the eligible entity, in accordance with the plan sub5 mitted under subsection (c)(2); and 

6 ‘‘(2) to obtain specialized training and technical 

7 assistance from the National Community Antidrug 

8 Coalition Institute. 

9 ‘‘(e) GRANT AMOUNTS AND DURATION.— 

10 ‘‘(1) AMOUNTS.—The Attorney General may 

11 not award a grant under this section for a fiscal 

12 year in an amount that exceeds— 

13 ‘‘(A) the amount of non-Federal funds 

14 raised by the eligible entity, including in-kind 

15 contributions, for that fiscal year; or 

16 ‘‘(B) $75,000. 

17 ‘‘(2) DURATION.—The Attorney General may 

18 not award a grant under this section for a period ex19 ceeding 4 years. 

20 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—An eligible enti21 ty shall use Federal funds received under this section only 

22 to supplement funds that would, in the absence of those 

23 Federal funds, be made available from other Federal and 

24 non-Federal sources for the activities described in this sec25 tion, and not to supplant those funds. 


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1 ‘‘(g) EVALUATION.—A grant under this section shall 

2 be subject to the same evaluation requirements and proce3 dures as the evaluation requirements and procedures im4 posed on the recipient of a grant under the Drug-Free 

5 Communities Act of 1997. 

6 ‘‘(h) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

7 Not more than 8 percent of the amounts made available 

8 to carry out this section for a fiscal year may be used 

9 by the Attorney General to pay for administrative ex10 penses. 

11 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $5,000,000 for each of fiscal years 2016 through 2020.’’. 

14 SEC. 5. LIMITATIONS ON CIVIL LIABILITY FOR CERTAIN IN15 DIVIDUALS WORKING AT OPIOID OVERDOSE 

16 PROGRAMS. 

17 (a) LIMITATION ON CIVIL LIABILITY FOR INDIVID18 UALS WORKING FOR OR VOLUNTEERING AT A STATE OR

19 LOCAL AGENCY OPIOID OVERDOSE PROGRAM.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provision of law, except as provided in paragraph 

22 (2), no individual who provides an opioid overdose 

23 drug shall be liable for harm caused by the emer24 gency administration of an opioid overdose drug by 


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1 another individual if the individual who provides 

2 such drug— 

3 (A) works for or volunteers at an opioid 

4 overdose program; and 

5 (B) provides the opioid overdose drug as 

6 part of the opioid overdose program to an indi7 vidual authorized by the program to receive an 

8 opioid overdose drug. 

9 (2) EXCEPTION.—Paragraph (1) shall not 

10 apply if the harm was caused by the gross neg11 ligence or reckless misconduct of the individual who 

12 provides the drug. 

13 (b) LIMITATION ON CIVIL LIABILITY FOR INDIVID14 UALS WHO ADMINISTER OPIOID OVERDOSE DRUGS.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 provision of law, except as provided in paragraph 

17 (2), no individual shall be liable for harm caused by 

18 the emergency administration of an opioid overdose 

19 drug to an individual who has or reasonably appears 

20 to have suffered an overdose from heroin or another 

21 opioid, if— 

22 (A) the individual who administers the 

23 opioid overdose drug— 


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1 (i) obtained the drug from a health 

2 care professional or as part of an opioid 

3 overdose program; or 

4 (ii) administers the drug pursuant to 

5 a prescription for an opioid overdose drug 

6 that is approved or licensed under section 

7 505 of the Federal Food, Drug, and Cos8 metic Act (21 U.S.C. 355) or is licensed 

9 under section 351 of the Public Health 

10 Service Act (42 U.S.C. 262); and 

11 (B) the individual who administers the 

12 opioid overdose drug was educated on— 

13 (i) when to administer the drug; 

14 (ii) how to administer the drug; and 

15 (iii) steps to be taken after the drug 

16 is administered. 

17 (2) EXCEPTION.—Paragraph (1) shall not 

18 apply to an individual if the harm was caused by the 

19 gross negligence or reckless misconduct of the indi20 vidual who administers the drug. 

21 (c) PREEMPTION AND ELECTION OF STATE NON22 APPLICABILITY.— 

23 (1) PREEMPTION.—Except as provided in para24 graph (2), this section preempts the law of a State 

25 to the extent that such law is inconsistent with this 


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1 section, except that this section shall not preempt 

2 any State law that provides additional protection 

3 from liability relating to the administration of opioid 

4 overdose drugs or that shields from liability any per5 son who provides or administers opioid overdose 

6 drugs. 

7 (2) ELECTION OF STATE REGARDING NON8 APPLICABILITY.—Subsections (a) and (b) shall not 

9 apply to any civil action in a State court against a 

10 person who administers opioid overdose drugs if— 

11 (A) all parties to the civil action are citi12 zens of the State in which such action is 

13 brought; and 

14 (B) the State enacts legislation in accord15 ance with State requirements for enacting legis16 lation— 

17 (i) citing the authority of this para18 graph; 

19 (ii) declaring the election of the State 

20 that such subsections (a) and (b) shall not 

21 apply, as of a date certain, to any civil ac22 tions covered by this section; and 

23 (iii) containing no other provisions. 

24 (d) DEFINITIONS.—In this section — 


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1 (1) the term ‘‘health care professional’’ means 

2 a person licensed by a State to prescribe prescription 

3 drugs; 

4 (2) the term ‘‘opioid overdose drug’’ means a 

5 drug that, when administered, reverses in whole or 

6 part the pharmacological effects of an opioid over7 dose in the human body; and 

8 (3) the term ‘‘opioid overdose program’’ means 

9 a program operated by a local health department, 

10 community-based organization, substance abuse 

11 treatment organization, law enforcement agency, fire 

12 department, other first responder department, or 

13 voluntary association or a program funded by a Fed14 eral, State, or local government that works to pre15 vent opioid overdoses by in part providing opioid 

16 overdose drugs and education to individuals at risk 

17 of experiencing an opioid overdose or to an indi18 vidual in a position to assist another individual at 

19 risk of experiencing an opioid overdose. 

20 SEC. 6. OPERATION OF OPIOID TREATMENT PROGRAMS. 

21 Section 303 of the Controlled Substances Act (21 

22 U.S.C. 823) is amended by adding at the end the fol23 lowing: 

24 ‘‘(i)(1) An opioid treatment program that is reg25 istered under this section, and that closes for business on 


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1 any weekday or weekend day, including a Federal or State 

2 holiday, shall comply with the requirements of this sub3 section. 

4 ‘‘(2) For each patient who is restricted by a Federal 

5 regulation or guideline or by the determination of the pro6 gram medical director from having a take-home dose of 

7 a controlled substance related to the treatment involved, 

8 the program shall make acceptable arrangements for the 

9 patient to receive a dose of that substance under appro10 priate supervision during the closure. 

11 ‘‘(3) The Administrator of the Substance Abuse and 

12 Mental Health Services Administration shall issue a notice 

13 that references regulations on acceptable arrangements 

14 under this subsection, or shall promulgate regulations on 

15 such acceptable arrangements.’’. 

16 SEC. 7. TREATMENT ALTERNATIVE TO INCARCERATION 

17 PROGRAMS. 

18 Part LL of the Omnibus Crime Control and Safe 

19 Streets Act of 1968, as added by section 3, is amended 

20 by adding at the end the following: 

21 ‘‘SEC. 3022. TREATMENT ALTERNATIVE TO INCARCERATION 

22 PROGRAMS. 

23 ‘‘(a) DEFINITION.—In this section: 


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1 ‘‘(1) The term ‘eligible entity’ means a State, 

2 unit of local government, Indian tribe, or nonprofit 

3 organization. 

4 ‘‘(2) The term ‘eligible participant’ means an 

5 individual who— 

6 ‘‘(A) comes in contact with the juvenile 

7 justice system or criminal justice system or is 

8 arrested or charged with an offense; 

9 ‘‘(B) has a history of or a current— 

10 ‘‘(i) substance use disorder; 

11 ‘‘(ii) mental illness; or 

12 ‘‘(iii) co-occurring mental illness and 

13 substance use disorder; and 

14 ‘‘(C) has been approved for participation in 

15 a program funded under this section by the rel16 evant law enforcement agency, prosecuting at17 torney, defense attorney, probation or correc18 tions official, judge, or representative from the 

19 relevant mental health or substance abuse agen20 cy, as applicable. 

21 ‘‘(b) PROGRAM AUTHORIZED.—The Attorney General 

22 may make grants to eligible entities to develop, implement, 

23 or expand a treatment alternative to incarceration pro24 grams for eligible participants, including— 


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1 ‘‘(1) programs for use before the filing of crimi2 nal charges against an individual, which shall in3 clude— 

4 ‘‘(A) training for law enforcement officers 

5 on substance use disorders, mental illness, and 

6 co-occurring mental illness and substance use 

7 disorders; 

8 ‘‘(B) the use of receiving centers as alter9 natives to incarceration of eligible participants; 

10 ‘‘(C) the use of specialized response units 

11 for calls related to substance use disorders, 

12 mental illness, and co-occurring mental illness 

13 and substance use disorders; and 

14 ‘‘(D) other arrest and pre-booking treat15 ment alternative to incarceration models; and 

16 ‘‘(2) programs for use after the filing of crimi17 nal charges against an individual, which shall in18 clude— 

19 ‘‘(A) specialized clinical case management; 

20 ‘‘(B) pre-trial services related to substance 

21 use disorders, mental illness, and co-occurring 

22 mental illness and substance use disorders; 

23 ‘‘(C) prosecutor and defense-based pro24 grams; 

25 ‘‘(D) specialized probation; 


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1 ‘‘(E) programs utilizing the American So2 ciety of Addition Medicine patient placement 

3 criteria; 

4 ‘‘(F) treatment and rehabilitation pro5 grams and recovery support services; and 

6 ‘‘(G) drug courts, DWI courts, and vet7 erans treatment courts. 

8 ‘‘(c) APPLICATION.— 

9 ‘‘(1) IN GENERAL.—An eligible entity seeking a 

10 grant under this section shall submit an application 

11 to the Attorney General that meets the criteria in 

12 paragraph (2) at such time, in such manner, and ac13 companied by such additional information as the At14 torney General may reasonably require. 

15 ‘‘(2) CRITERIA.—An eligible entity, in submit16 ting an application under paragraph (1), shall pro17 vide evidence that the entity, with regard to the al18 ternative to incarceration program for which it seeks 

19 funds under this section— 

20 ‘‘(A) has collaborated or will collaborate 

21 with the State and local government agencies 

22 overseeing health, community corrections, 

23 courts, prosecution, substance abuse, mental 

24 health, victims services, and employment serv25 ices, and with local law enforcement agencies; 


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1 ‘‘(B) has consulted or will consult with the 

2 State authority for substance abuse; 

3 ‘‘(C) will use evidence-based screening and 

4 assessment treatment practices; 

5 ‘‘(D) will use evidence-based screening and 

6 assessment tools to place participants in the 

7 treatment alternative to the incarceration pro8 gram; and 

9 ‘‘(E) will use evidence-based methodology 

10 and outcome measurements to evaluate the pro11 gram, and provide a description of— 

12 ‘‘(i) such methodology and measure13 ments, including how such measurements 

14 will provide valid measures of the impact 

15 of the program; and 

16 ‘‘(ii) how the program could be broad17 ly replicated if demonstrated to be effec18 tive. 

19 ‘‘(d) REQUIREMENTS.—An eligible entity awarded a 

20 grant for a treatment alternative to incarceration program 

21 under this section shall— 

22 ‘‘(1) determine the terms and conditions under 

23 which eligible participants may participate in the 

24 program, taking into consideration the collateral 


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1 consequences of an arrest, prosecution, or criminal 

2 conviction; 

3 ‘‘(2) ensure that each substance abuse and 

4 mental health treatment component of the program 

5 is licensed and qualified by the relevant jurisdiction; 

6 ‘‘(3) organize an enforcement unit of the pro7 gram comprised of appropriately trained law en8 forcement professionals who are supervised by the 

9 State, tribal, or local criminal justice agency involved 

10 in the administration of the program, the duties of 

11 which shall include— 

12 ‘‘(A) the verification of addresses and 

13 other contacts of each eligible participant who 

14 participates or seeks to participate in the pro15 gram; and 

16 ‘‘(B) if necessary, the location, apprehen17 sion, arrest, and return to court of an eligible 

18 participant in the program who has absconded 

19 from the facility of a treatment provider or has 

20 otherwise violated the terms and conditions of 

21 the program, consistent with Federal and State 

22 confidentiality requirements; 

23 ‘‘(4) notify the relevant criminal justice entity if 

24 any eligible participant in the program absconds 

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1 wise violates the terms and conditions of the pro2 gram, consistent with Federal and State confiden3 tiality requirements; and 

4 ‘‘(5) submit periodic reports on the progress of 

5 treatment or other measured outcomes from partici6 pation in the program of each eligible offender par7 ticipating in the program to the relevant State, trib8 al, or local criminal justice agency, consistent with 

9 Federal and State confidentiality requirements. 

10 ‘‘(e) USE OF FUNDS.—An eligible entity shall use a 

11 grant received under this section for the costs of the treat12 ment alternative to incarceration program, including— 

13 ‘‘(1) salaries, personnel costs, equipment costs, 

14 and other costs directly related to the operation of 

15 the program, including the enforcement unit; 

16 ‘‘(2) payments for treatment providers that are 

17 approved by the relevant State or tribal jurisdiction 

18 and licensed, if necessary, to provide needed treat19 ment to eligible offenders participating in the pro20 gram, including medication-assisted treatment, 

21 aftercare supervision, vocational training, education, 

22 and job placement; and 

23 ‘‘(3) payments to public and nonprofit private 

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1 hol and drug addiction treatment and mental health 

2 treatment to eligible offenders participating in the 

3 program. 

4 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—An eligible enti5 ty shall use Federal funds received under this section only 

6 to supplement the funds that would, in the absence of 

7 those Federal funds, be made available from other Federal 

8 and non-Federal sources for activities described in this 

9 section, and not to supplant those funds. 

10 ‘‘(g) GEOGRAPHIC DISTRIBUTION.—The Attorney 

11 General shall ensure that, to the extent practicable, the 

12 geographical distribution of grants awarded under this 

13 section is equitable and includes a grant to an eligible enti14 ty in— 

15 ‘‘(1) each State; 

16 ‘‘(2) rural, suburban, and urban areas; and 

17 ‘‘(3) tribal jurisdictions. 

18 ‘‘(h) REPORTS AND EVALUATIONS.— 

19 ‘‘(1) IN GENERAL.—Each fiscal year, a recipi20 ent of a grant under this section during that fiscal 

21 year shall submit to the Attorney General a report 

22 containing the information described in paragraph 

23 (2), as well as such additional information as the At24 torney General may reasonably require. The recipiVerDate Sep 11 2014 20:12 Oct 14, 2015 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3719.IH H3719

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1 ent shall submit such report in such form and on 

2 such dates as the Attorney General specifies. 

3 ‘‘(2) CONTENTS.—A report submitted under 

4 paragraph (1) shall— 

5 ‘‘(A) describe best practices for treatment 

6 alternatives; and 

7 ‘‘(B) identify training requirements for law 

8 enforcement officers who participate in treat9 ment alternatives to incarceration programs. 

10 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $10,000,000 for each of the fiscal years 2016 through 

13 2020.’’. 

14 SEC. 8. REAUTHORIZATION OF THE HIGH INTENSITY DRUG 

15 TRAFFICKING AREA UNDER THE OFFICE OF 

16 NATIONAL DRUG CONTROL POLICY. 

17 Section 707 of the Office of National Drug Control 

18 Policy Reauthorization Act of 1998 (21 U.S.C. 1706) is 

19 amended by striking subsection (p) and inserting the fol20 lowing: 

21 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—There 

22 is authorized to be appropriated to the Office of National 

23 Drug Control Policy to carry out this section 

24 $280,000,000 for each of fiscal years 2016 through 

25 2020.’’. 


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1 SEC. 9. REAUTHORIZATION OF THE CONTROLLED SUB2 STANCE MONITORING PROGRAM. 

3 (a) AMENDMENT TO PURPOSE.—Paragraph (1) of 

4 section 2 of the National All Schedules Prescription Elec5 tronic Reporting Act of 2005 (Public Law 109–60) is 

6 amended to read as follows: 

7 ‘‘(1) foster the establishment of State-adminis8 tered controlled substance monitoring systems in 

9 order to ensure that— 

10 ‘‘(A) health care providers have access to 

11 the accurate, timely prescription history infor12 mation that they may use as a tool for the early 

13 identification of patients at risk for addiction in 

14 order to initiate appropriate medical interven15 tions and avert the tragic personal, family, and 

16 community consequences of untreated addiction; 

17 and 

18 ‘‘(B) appropriate law enforcement, regu19 latory, and State professional licensing authori20 ties have access to prescription history informa21 tion for the purposes of investigating drug di22 version and prescribing and dispensing prac23 tices of errant prescribers or pharmacists; and’’. 

24 (b) AMENDMENTS TO CONTROLLED SUBSTANCE

25 MONITORING PROGRAM.—Section 399O of the Public 

26 Health Service Act (42 U.S.C. 280g–3) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (A), by striking 

4 ‘‘or’’; 

5 (ii) in subparagraph (B), by striking 

6 the period at the end and inserting ‘‘; or’’; 

7 and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(C) to maintain and operate an existing 

11 State-controlled substance monitoring pro12 gram.’’; and 

13 (B) in paragraph (3), by inserting ‘‘by the 

14 Secretary’’ after ‘‘Grants awarded’’; 

15 (2) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) MINIMUM REQUIREMENTS.—The Secretary 

18 shall maintain and, as appropriate, supplement or revise 

19 (after publishing proposed additions and revisions in the 

20 Federal Register and receiving public comments thereon) 

21 minimum requirements for criteria to be used by States 

22 for purposes of clauses (ii), (v), (vi), and (vii) of subsection 

23 (c)(1)(A).’’; 

24 (3) in subsection (c)— 

25 (A) in paragraph (1)(B)— 


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1 (i) in the matter preceding clause (i), 

2 by striking ‘‘(a)(1)(B)’’ and inserting 

3 ‘‘(a)(1)(B) or (a)(1)(C)’’; 

4 (ii) in clause (i), by striking ‘‘program 

5 to be improved’’ and inserting ‘‘program to 

6 be improved or maintained’’; 

7 (iii) by redesignating clauses (iii) and 

8 (iv) as clauses (iv) and (v), respectively; 

9 (iv) by inserting after clause (ii) the 

10 following: 

11 ‘‘(iii) a plan to apply the latest ad12 vances in health information technology in 

13 order to incorporate prescription drug 

14 monitoring program data directly into the 

15 workflow of prescribers and dispensers to 

16 ensure timely access to patients’ controlled 

17 prescription drug history;’’; 

18 (v) in clause (iv), as redesignated, by 

19 inserting before the semicolon at the end 

20 ‘‘and at least one health information tech21 nology system such as an electronic health 

22 records system, a health information ex23 change, or an e-prescribing system’’; and 


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1 (vi) in clause (v), as redesignated, by 

2 striking ‘‘public health’’ and inserting 

3 ‘‘public health or public safety’’; 

4 (B) in paragraph (3)— 

5 (i) by striking ‘‘If a State that sub6 mits’’ and inserting the following: 

7 ‘‘(A) IN GENERAL.—If a State that sub8 mits’’; 

9 (ii) by striking the period at the end 

10 and inserting ‘‘and include timelines for 

11 full implementation of such interoper12 ability. The State shall also describe the 

13 manner in which it will achieve interoper14 ability between its monitoring program and 

15 health information technology systems, as 

16 allowable under State law, and include 

17 timelines for implementation of such inter18 operability.’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(B) MONITORING OF EFFORTS.—The 

22 Secretary shall monitor State efforts to achieve 

23 interoperability, as described in subparagraph 

24 (A).’’; 

25 (C) in paragraph (5)— 


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1 (i) by striking ‘‘implement or im2 prove’’ and inserting ‘‘establish, improve, 

3 or maintain’’; and 

4 (ii) by adding at the end the fol5 lowing: ‘‘The Secretary shall redistribute 

6 any funds that are so returned among the 

7 remaining grantees under this section in 

8 accordance with the formula described in 

9 subsection (a)(2)(B).’’; 

10 (4) in subsection (d)— 

11 (A) in the matter preceding paragraph 

12 (1)— 

13 (i) by striking ‘‘In implementing or 

14 improving’’ and all that follows through 

15 ‘‘(a)(1)(B)’’ and inserting ‘‘In establishing, 

16 improving, or maintaining a controlled sub17 stance monitoring program under this sec18 tion, a State shall comply, or with respect 

19 to a State that applies for a grant under 

20 subparagraph (B) or (C) of subsection 

21 (a)(1)’’; and 

22 (ii) by striking ‘‘public health’’ and in23 serting ‘‘public health or public safety’’; 

24 and 

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


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1 ‘‘(5) The State shall report to the Secretary 

2 on— 

3 ‘‘(A) as appropriate, interoperability with 

4 the controlled substance monitoring programs 

5 of Federal departments and agencies; 

6 ‘‘(B) as appropriate, interoperability with 

7 health information technology systems such as 

8 electronic health records systems, health infor9 mation exchanges, and e-prescribing systems; 

10 and 

11 ‘‘(C) whether or not the State provides 

12 automatic, real-time or daily information about 

13 a patient when a practitioner (or the designee 

14 of a practitioner, where permitted) requests in15 formation about such patient.’’; 

16 (5) in subsections (e), (f)(1), and (g), by strik17 ing ‘‘implementing or improving’’ each place it ap18 pears and inserting ‘‘establishing, improving, or 

19 maintaining’’; 

20 (6) in subsection (f)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (B), by striking 

23 ‘‘misuse of a schedule II, III, or IV sub24 stance’’ and inserting ‘‘misuse of a con25 trolled substance included in schedule II, 


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1 III, or IV of section 202(c) of the Con2 trolled Substance Act’’; and 

3 (ii) in subparagraph (D), by inserting 

4 ‘‘a State substance abuse agency,’’ after ‘‘a 

5 State health department,’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(3) EVALUATION AND REPORTING.—Subject 

8 to subsection (g), a State receiving a grant under 

9 subsection (a) shall provide the Secretary with ag10 gregate data and other information determined by 

11 the Secretary to be necessary to enable the Sec12 retary— 

13 ‘‘(A) to evaluate the success of the State’s 

14 program in achieving its purposes; or 

15 ‘‘(B) to prepare and submit the report to 

16 Congress required by subsection (l)(2). 

17 ‘‘(4) RESEARCH BY OTHER ENTITIES.—A de18 partment, program, or administration receiving non19 identifiable information under paragraph (1)(D) 

20 may make such information available to other enti21 ties for research purposes.’’; 

22 (7) by redesignating subsections (h) through 

23 (n) as subsections (j) through (p), respectively; 


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1 (8) in subsections (c)(1)(A)(iv) and (d)(4), by 

2 striking ‘‘subsection (h)’’ each place it appears and 

3 inserting ‘‘subsection (j)’’; 

4 (9) by inserting after subsection (g) the fol5 lowing: 

6 ‘‘(h) EDUCATION AND ACCESS TO THE MONITORING

7 SYSTEM.—A State receiving a grant under subsection (a) 

8 shall take steps to— 

9 ‘‘(1) facilitate prescriber and dispenser use of 

10 the State’s controlled substance monitoring system; 

11 ‘‘(2) educate prescribers and dispensers on the 

12 benefits of the system both to them and society; and 

13 ‘‘(3) facilitate linkage to the State substance 

14 abuse agency and substance abuse disorder services. 

15 ‘‘(i) CONSULTATION WITH ATTORNEY GENERAL.— 

16 In carrying out this section, the Secretary shall consult 

17 with the Attorney General of the United States and other 

18 relevant Federal officials to— 

19 ‘‘(1) ensure maximum coordination of controlled 

20 substance monitoring programs and related activi21 ties; and 

22 ‘‘(2) minimize duplicative efforts and funding.’’; 

23 (10) in subsection (l)(2)(A), as redesignated by 

24 paragraph (7)— 


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1 (A) in clause (ii), by inserting ‘‘; estab2 lished or strengthened initiatives to ensure link3 ages to substance use disorder services;’’ before 

4 ‘‘or affected patient access’’; and 

5 (B) in clause (iii), by inserting ‘‘and be6 tween controlled substance monitoring pro7 grams and health information technology sys8 tems,’’ before ‘‘, including an assessment’’; 

9 (11) by striking subsection (m) (relating to 

10 preference), as redesignated by paragraph (7); 

11 (12) by redesignating subsections (m) through 

12 (o), as redesignated by paragraph (7), as subsections 

13 (l) through (o), respectively; 

14 (13) in subsection (m)(1), as redesignated by 

15 paragraph (12), by striking ‘‘establishment, imple16 mentation, or improvement’’ and inserting ‘‘estab17 lishment, improvement, or maintenance’’; 

18 (14) in subsection (n)— 

19 (A) in paragraph (5)— 

20 (i) by striking ‘‘means the ability’’ 

21 and inserting the following: ‘‘means— 

22 ‘‘(A) the ability’’; 

23 (ii) by striking the period at the end 

24 and inserting ‘‘; or’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(B) sharing of State controlled substance 

4 monitoring program information with a health 

5 information technology system such as an elec6 tronic health records system, a health informa7 tion exchange, or an e-prescribing system.’’; 

8 (B) in paragraph (7), by striking ‘‘phar9 macy’’ and inserting ‘‘pharmacist’’; and 

10 (C) in paragraph (8), by striking ‘‘and the 

11 District of Columbia’’ and inserting ‘‘, the Dis12 trict of Columbia, and any commonwealth or 

13 territory of the United States’’; and 

14 (15) by amending subsection (o), as redesig15 nated by paragraph (12), to read as follows: 

16 ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—To 

17 carry out this section, there is authorized to be appro18 priated $10,000,000 for each of fiscal years from 2016 

19 through 2020.’’. 

20 SEC. 10. OFFSET. 

21 It is the sense of Congress that the amounts ex22 pended to carry out this Act and the amendments made 

23 by this Act should be offset by a corresponding reduction 

24 in Federal discretionary spending. 

Æ 


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