69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–144 

VA PRESCRIPTION DATA ACCOUNTABILITY ACT 2017 

MAY 22, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. ROE of Tennessee, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 1545] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 1545) to amend title 38, United States Code, to clarify 

the authority of the Secretary of Veterans Affairs to disclose certain patient information to State controlled substance monitoring 

programs, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that 

the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 3 

Subcommittee Consideration .................................................................................. 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 4 

Statement of General Performance Goals and Objectives .................................... 4 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 4 

Earmarks and Tax and Tariff Benefits .................................................................. 4 

Committee Cost Estimate ....................................................................................... 4 

Congressional Budget Office Estimate ................................................................... 4 

Federal Mandates Statement ................................................................................. 5 

Advisory Committee Statement .............................................................................. 5 

Constitutional Authority Statement ...................................................................... 5 

Applicability to Legislative Branch ........................................................................ 5 

Statement on Duplication of Federal Programs .................................................... 5 

Disclosure of Directed Rulemaking ........................................................................ 6 

Section-by-Section Analysis of the Legislation ...................................................... 6 

Changes in Existing Law Made by the Bill as Reported ...................................... 6 

2 

1 U.S. Department of Justice—Drug Enforcement Administration. State Prescription Drug 

Monitoring Programs, https://www.deadiversion.usdoj.gov/faq/rx_monitor.htm#1. Accessed 

May 18, 2017. 2 Ibid. 

3 United States Cong. House Committee on Veterans’ Affairs Subcommittee on Health. Legislative Hearing. March 29, 2017. 115th Cong. 1st sess. Washington: GPO, 2017 (statement from 

Representative Ann M. Kuster). 

PURPOSE AND SUMMARY

H.R. 1545, the VA Prescription Data Accountability Act of 2017, 

was introduced by Representative Ann M. Kuster of New Hampshire on March 15, 2017. 

H.R. 1545 would require the Department of Veterans Affairs 

(VA) to disclose information about any individual who is dispensed 

medication prescribed by a VA employee or a non-VA provider authorized by VA to a state prescription drug monitoring program 

(PDMP) to the extent necessary to prevent misuse and diversion of 

prescription medication. 

BACKGROUND AND NEED FOR LEGISLATION

Section 2. Secretary of Veterans Affairs disclosure of patient information to state controlled Substance Monitoring Programs 

State PDMPs are statewide electronic databases that are used to 

address prescription drug abuse, addiction, and diversion through 

the collection and distribution of data on substances dispensed in 

a given state to authorized individuals or entities.1 According to 

the National Alliance for Model State Drug Laws, PDMPs can be 

beneficial in: supporting access to legitimate medical use of controlled substances; identifying and deterring drug abuse and diversion; facilitating and encouraging the identification of persons addicted to prescription drugs and subsequent intervention and treatment; and, informing public health initiatives through outlining of 

use and abuse trends.2

§5701(l) of title 38 United States Code (U.S.C.) requires VA to 

disclose information to PDMPs for either a veteran or the dependent of a veteran who is prescribed medication through VA. However, VA’s current information technology (IT) system is unable to 

differentiate between a dependent of a veteran and other non-veterans and, as a result, VA only transmits veteran data to PDMPs.3

This leaves out approximately 10% of VA’s patient population who 

are non-veterans and who may be prescribed medication from VA 

that is not shared with State PDMPs. In FY 2017, that translated 

to approximately 715,928 patients. Non-veterans who may receive 

prescriptions from VA include: descendants of veterans; caregivers 

of veterans; individuals receiving disaster relief from VA; 

TRICARE beneficiaries, active duty service members, or others who 

receive VA care through sharing agreements with either the Department of Defense or academic affiliates; or, VA staff. The Committee is concerned about ongoing public health risks of the misuse 

or diversion of prescription medication, which may be exacerbated 

by VA’s failure to provide information about all VA patients—veterans and non-veterans—to PDMPs. 

Section 2 of the bill would require VA to disclose information to 

PDMPs for anyone—veteran or non-veteran—who is prescribed 

medication through the VA healthcare system. According to VA, enactment of section 2 would, ‘‘. . . provide an important authority 

3 

4 United States Cong. House Committee on Veterans’ Affairs Subcommittee on Health. Legislative Hearing. March 29, 2017. 115th Cong. 1st sess. Washington: GPO, 2017 (statement from 

Jennifer S. Lee, Deputy Under Secretary for Health for Policy and Services, Veterans Health 

Administration, U.S. Department of Veterans Affairs). 

to ensure that VA is able to fulfill its public health role in sharing 

vital clinical information to help guide treatment decisions.’’ 4

HEARINGS

There were no full Committee hearings held on H.R. 1545. 

On March 29, 2017, the Subcommittee on Health conducted a 

legislative hearing on a number of bills including H.R. 1545. 

The following witnesses testified: 

The Honorable David. P. Roe M.D. of Tennessee; The Honorable Jackie Walorski of Indiana; The Honorable Doug Collins 

of Georgia; The Honorable Mike Coffman of Colorado; The 

Honorable Stephen Knight of California; The Honorable Ann 

M. Kuster of New Hampshire; Jennifer S. Lee, M.D., the Deputy Under Secretary for Health for Policy and Services for the 

Veterans Health Administration of the U.S. Department of 

Veterans Affairs who was accompanied by Susan Blauert, the 

Chief Counsel for the Health Care Law Group of the Office of 

the General Counsel for the U.S. Department of Veterans Affairs; Kayda Keleher, Legislative Associate for the National 

Legislative Service of the Veterans of Foreign Wars of the 

United States; Shurhonda Y. Love, the Assistant National Legislative Director for the Disabled American Veterans; and, 

Sarah S. Dean, the Associate Legislative Director for the Paralyzed Veterans of America. 

Statements for the record were submitted by: 

The Honorable Lee Zeldin of New York; The American Legion; the National Association of State Veteran Homes; Swords 

to Plowshares; and, the Wounded Warrior Project. 

SUBCOMMITTEE CONSIDERATION

On April 6, 2017, the Subcommittee on Health met in an open 

markup session, a quorum being present, and ordered H.R. 1545 to 

be reported favorably to the full Committee by voice vote. 

COMMITTEE CONSIDERATION

On May 17, 2017, the full Committee met in open markup session, a quorum being present, and ordered H.R. 1545 to be reported 

favorably to the House of Representatives by voice vote. A motion 

by Representative Tim Walz of Minnesota, Ranking Member of the 

Committee on Veterans’ Affairs, to report H.R. 1545 favorably to 

the House of Representatives was agreed to by voice vote. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, there were no recorded votes taken on 

amendments or in connection with ordering H.R. 1545 reported to 

the House. 

4 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are to ensure a complete and accurate transmittal of prescription information from VA to PDMPs. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 1545 does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI of the Rules of the House of Representatives. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 1545 

prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate for H.R. 1545 

provided by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 19, 2017. 

Hon. PHIL ROE, M.D., 

Chairman, Committee on Veterans’ Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1545, the VA Prescription 

Data Accountability Act 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Ann E. Futrell. 

Sincerely, 

KEITH HALL. 

Enclosure. 

5 

H.R. 1545—VA Prescription Data Accountability Act 2017 

H.R. 1545 would require the Department of Veterans Affairs 

(VA) to disclose to state programs that monitor prescription drugs 

certain information about all people who receive prescriptions from 

VA. Under current law, VA is required to disclose such information 

only for veterans or their dependents who are prescribed medication through VA. H.R. 1545 would expand that group to include 

anyone who is prescribed medication through VA, including descendants of veterans, staff at VA, and individuals receiving disaster relief. CBO estimates that implementing the bill would cost 

less than $500,000 over the 2018–2022 period, primarily to prepare 

the necessary regulations; that spending would be subject to the 

availability of appropriated funds. 

Enacting H.R. 1545 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting H.R. 1545 would not increase net direct spending or 

on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act, and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Ann E. Futrell. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 1545 prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 1545. 

STATEMENT OF CONSTITUTIONAL AUTHORITY

Pursuant to Article I, section 8 of the United States Constitution, 

H.R. 1545 is authorized by Congress’ power to ‘‘provide for the common Defense and general Welfare of the United States.’’ 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that H.R. 1545 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

STATEMENT ON DUPLICATION OF FEDERAL PROGRAMS

Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), the 

Committee finds that no provision of H.R. 1545 establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139, or a program related 

6 

to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULEMAKING

Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015), the 

Committee estimates that H.R. 1545 contains no directed rulemaking that would require the Secretary to prescribe regulations. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 of the bill would provide a short title of the ‘‘VA Prescription Data Accountability Act of 2017’’. 

Section 2. Secretary of Veterans Affairs disclosure of patient information to state controlled Substance Monitoring Programs 

Section 2 of the bill would amend section 5701(1) of title 38 

U.S.C. by: 

(1) inserting ‘‘(1)’’ before ‘‘Under’’; 

(2) striking ‘‘a veteran or the dependent of a veteran’’ and inserting ‘‘a covered individual’’; 

(3) adding at the end a new paragraph that would stipulate 

that a ‘‘covered individual’’ is an individual who is dispensed 

medication prescribed by a VA employee or by a provider authorized by VA to prescribe such medication. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 38, UNITED STATES CODE 

* * * * * * * 

PART IV—GENERAL ADMINISTRATIVE 

PROVISIONS 

* * * * * * * 

CHAPTER 57—RECORDS AND INVESTIGATIONS 

* * * * * * * 

7 

SUBCHAPTER I—RECORDS 

§ 5701. Confidential nature of claims 

(a) All files, records, reports, and other papers and documents 

pertaining to any claim under any of the laws administered by the 

Secretary and the names and addresses of present or former members of the Armed Forces, and their dependents, in the possession 

of the Department shall be confidential and privileged, and no disclosure thereof shall be made except as provided in this section. 

(b) The Secretary shall make disclosure of such files, records, reports, and other papers and documents as are described in subsection (a) of this section as follows: 

(1) To a claimant or duly authorized agent or representative 

of a claimant as to matters concerning the claimant alone 

when, in the judgment of the Secretary, such disclosure would 

not be injurious to the physical or mental health of the claimant and to an independent medical expert or experts for an advisory opinion pursuant to section 5109 or 7109 of this title. 

(2) When required by process of a United States court to be 

produced in any suit or proceeding therein pending. 

(3) When required by any department or other agency of the 

United States Government. 

(4) In all proceedings in the nature of an inquest into the 

mental competency of a claimant. 

(5) In any suit or other judicial proceeding when in the judgment of the Secretary such disclosure is deemed necessary and 

proper. 

(6) In connection with any proceeding for the collection of an 

amount owed to the United States by virtue of a person’s participation in any benefit program administered by the Secretary when in the judgment of the Secretary such disclosure 

is deemed necessary and proper. 

(c)(1) The amount of any payment made by the Secretary to any 

person receiving benefits under a program administered by the Secretary shall be made known to any person who applies for such information. 

(2) Any appraisal report or certificate of reasonable value submitted to or prepared by the Secretary in connection with any loan 

guaranteed, insured, or made under chapter 37 of this title shall 

be made available to any person who applies for such report or certificate. 

(3) Subject to the approval of the President, the Secretary may 

publish at any time and in any manner any or all information of 

record pertaining to any claim filed with the Secretary if the Secretary determines that the public interest warrants or requires 

such publication. 

(d) The Secretary as a matter of discretion may authorize an inspection of Department records by duly authorized representatives 

of recognized organizations. 

(e) Except as otherwise specifically provided in this section with 

respect to certain information, the Secretary may release information, statistics, or reports to individuals or organizations when in 

the Secretary’s judgment such release would serve a useful purpose. 

8 

(f) The Secretary may, pursuant to regulations the Secretary 

shall prescribe, release the name or address, or both, of any 

present or former member of the Armed Forces, or a dependent of 

a present or former member of the Armed Forces, (1) to any nonprofit organization if the release is directly connected with the conduct of programs and the utilization of benefits under this title, or 

(2) to any criminal or civil law enforcement governmental agency 

or instrumentality charged under applicable law with the protection of the public health or safety if a qualified representative of 

such agency or instrumentality has made a written request that 

such name or address be provided for a purpose authorized by law. 

Any organization or member thereof or other person who, knowing 

that the use of any name or address released by the Secretary pursuant to the preceding sentence is limited to the purpose specified 

in such sentence, willfully uses such name or address for a purpose 

other than those so specified, shall be guilty of a misdemeanor and 

be fined not more than $5,000 in the case of a first offense and not 

more than $20,000 in the case of any subsequent offense. 

(g)(1) Subject to the provisions of this subsection, and under regulations which the Secretary shall prescribe, the Secretary may release the name or address, or both, of any person who is a present 

or former member of the Armed Forces, or who is a dependent of 

a present or former member of the Armed Forces, to a consumer 

reporting agency if the release of such information is necessary for 

a purpose described in paragraph (2) of this subsection. 

(2) A release of information under paragraph (1) of this subsection concerning a person described in such paragraph may be 

made for the purpose of— 

(A) locating such a person— 

(i) who has been administratively determined to be indebted to the United States by virtue of the person’s participation in a benefits program administered by the Secretary; or 

(ii) if the Secretary has determined under such regulations that (I) it is necessary to locate such person in order 

to conduct a study pursuant to section 527 of this title or 

a study required by any other provision of law, and (II) all 

reasonable steps have been taken to assure that the release of such information to such reporting agency will not 

have an adverse effect on such person; or 

(B) Obtaining a consumer report in order to assess the ability of a person described in subparagraph (A)(i) of this paragraph to repay the indebtedness of such person to the United 

States, but the Secretary may release the name or address of 

such person for the purpose stated in this clause only if the 

Secretary determines under such regulations that such person 

has failed to respond appropriately to administrative efforts to 

collect such indebtedness. 

(3) The Secretary may also release to a consumer reporting agency, for the purposes specified in subparagraph (A) or (B) of paragraph (2) of this subsection, such other information as the Secretary determines under such regulations is reasonably necessary 

to identify a person described in such paragraph, except that the 

Secretary may not release to a consumer reporting agency any information which indicates any indebtedness on the part of such 

9 

person to the United States or any information which reflects adversely on such person. Before releasing any information under this 

paragraph, the Secretary shall, under such regulations, take reasonable steps to provide for the protection of the personal privacy 

of persons about whom information is proposed to be released 

under this paragraph. 

(4)(A) If the Secretary determines, under regulations which the 

Secretary shall prescribe, that a person described in paragraph (1) 

of this subsection has failed to respond appropriately to reasonable 

administrative efforts to collect an indebtedness of such person described in paragraph (2)(A)(i) of this subsection, the Secretary may 

release information concerning the indebtedness, including the 

name and address of such person, to a consumer reporting agency 

for the purpose of making such information available for inclusion 

in consumer reports regarding such person and, if necessary, for 

the purpose of locating such person, if— 

(i) the Secretary has (I) made reasonable efforts to notify 

such person of such person’s right to dispute through prescribed administrative processes the existence or amount of 

such indebtedness and of such person’s right to request a waiver of such indebtedness under section 5302 of this title, (II) afforded such person a reasonable opportunity to exercise such 

rights, and (III) made a determination with respect to any such 

dispute or request; and 

(ii) thirty calendar days have elapsed after the day on which 

the Secretary has made a determination that reasonable efforts 

have been made to notify such person (I) that the Secretary intends to release such information for such purpose or purposes, 

and (II) that, upon the request of such person, the Secretary 

shall inform such person of whether such information has been 

so released and of the name and address of each consumer reporting agency to which such information was released by the 

Secretary and of the specific information so released. 

(B) After release of any information under subparagraph (A) of 

this paragraph concerning the indebtedness of any person, the Secretary shall promptly notify— 

(i) each consumer reporting agency to which such information has been released by the Secretary; and 

(ii) each consumer reporting agency described in subsection 

(i)(3)(B)(i) of this section to which such information has been 

transmitted by the Secretary through a consumer reporting 

agency described in subsection (i)(3)(B)(ii)(I) of this section, 

of any substantial change in the status or amount of such indebtedness and, upon the request of any such consumer reporting agency 

for verification of any or all information so released, promptly 

verify or correct, as appropriate, such information. The Secretary 

shall also, after the release of such information, inform such person, upon the request of such person, of the name and address of 

each consumer reporting agency described in clause (i) or (ii) of this 

subparagraph to which such information was released or transmitted by the Secretary and of the specific information so released 

or transmitted. 

(h)(1) Under regulations which the Secretary shall prescribe, the 

Secretary may release the name or address, or both, of any person 

who is a present or former member of the Armed Forces, or who 

10 

is a dependent of a present or former member of the Armed Forces 

(and other information relating to the identity of such person), to 

any person in a category of persons described in such regulations 

and specified in such regulations as a category of persons to whom 

such information may be released, if the release of such information is necessary for a purpose described in paragraph (2) of this 

subsection. 

(2) A release of information under paragraph (1) of this subsection may be made for the purpose of— 

(A) determining the creditworthiness, credit capacity, income, or financial resources of a person who has (i) applied for 

any benefit under chapter 37 of this title, or (ii) submitted an 

offer to the Secretary for the purchase of property acquired by 

the Secretary under section 3720(a)(5) of this title; 

(B) verifying, either before or after the Secretary has approved a person’s application for assistance in the form of a 

loan guaranty or loan insurance under chapter 37 of this title, 

information submitted by a lender to the Secretary regarding 

the creditworthiness, credit capacity, income, or financial resources of such person; 

(C) offering for sale or other disposition by the Secretary, 

pursuant to section 3720 of this title, any loan or installment 

sale contract owned or held by the Secretary; or 

(D) providing assistance to any applicant for benefits under 

chapter 37 of this title or administering such benefits if the 

Secretary promptly records the fact of such release in appropriate records pertaining to the person concerning whom such 

release was made. 

(i)(1) No contract entered into for any of the purposes of subsection (g) or (h) of this section, and no action taken pursuant to 

any such contract or either such subsection, shall result in the application of section 552a of title 5 to any consumer reporting agency 

or any employee of a consumer reporting agency. 

(2) The Secretary shall take reasonable steps to provide for the 

protection of the personal privacy of persons about whom information is disclosed under subsection (g) or (h) of this section. 

(3) For the purposes of this subsection and of subsection (g) of 

this section— 

(A) The term ‘‘consumer report’’ has the meaning provided 

such term in subsection (d) of section 603 of the Fair Credit 

Reporting Act (15 U.S.C. 1681a(d)). 

(B) The term ‘‘consumer reporting agency’’ means— 

(i) a consumer reporting agency as such term is defined 

in subsection (f) of section 603 of the Fair Credit Reporting 

Act (15 U.S.C. 1681a(f)), or 

(ii) any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in 

part in the practice of (I) obtaining credit or other information on consumers for the purpose of furnishing such information to consumer reporting agencies (as defined in 

clause (i) of this paragraph), or (II) serving as a marketing 

agent under arrangements enabling third parties to obtain 

such information from such reporting agencies. 

11 

(j) Except as provided in subsection (i)(1) of this section, any disclosure made pursuant to this section shall be made in accordance 

with the provisions of section 552a of title 5. 

(k)(1)(A) Under regulations that the Secretary shall prescribe, 

the Secretary may disclose the name and address of any individual 

described in subparagraph (C) to an entity described in subparagraph (B) in order to facilitate the determination by such entity 

whether the individual is, or after death will be, a suitable organ, 

tissue, or eye donor if— 

(i) the individual is near death (as determined by the Secretary) or is deceased; and 

(ii) the disclosure is permitted under regulations promulgated pursuant to section 264 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). 

(B) An entity described in this subparagraph is— 

(i) an organ procurement organization, including eye and tissue banks; or 

(ii) an entity that the Secretary has determined— 

(I) is substantially similar in function, professionalism, 

and reliability to an organ procurement organization; and 

(II) should be treated for purposes of this subsection in 

the same manner as an organ procurement organization. 

(C) An individual described in this subparagraph is— 

(i) a veteran; or 

(ii) a dependent of veteran. 

(2) In this subsection, the term ‘‘organ procurement organization’’ 

has the meaning given the term ‘‘qualified organ procurement organization’’ in section 371(b) of the Public Health Service Act (42 

U.S.C. 273(b)). 

(l)(1) Under regulations the Secretary shall prescribe, the Secretary shall disclose information about øa veteran or the dependent 

of a veteran¿ a covered individual to a State controlled substance 

monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the 

Public Health Service Act (42 U.S.C. 280g-3), to the extent necessary to prevent misuse and diversion of prescription medicines. 

(2) In this subsection, a ‘‘covered individual’’ is an individual who 

is dispensed medication prescribed by an employee of the Department or by a non-Department provider authorized to prescribe such 

medication by the Department. 

* * * * * * * 

Æ