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[House Report 114-669]
[From the U.S. Government Publishing Office]

114th Congress    }                                        {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                        {    114-669

======================================================================

 
            COMPREHENSIVE ADDICTION AND RECOVERY ACT OF 2016

                                _______
                                

                  July 6, 2016.--Ordered to be printed

                                _______
                                

  Mr. Upton, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                         [To accompany S. 524]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendments of the House do the bill (S. 
524), to authorize the Attorney General to award grants to 
address the national epidemics of prescription opioid abuse and 
heroin use, having met, after full and free conference, have 
agreed to recommend and do recommend to their respective Houses 
as follows:
      That the Senate recede from its disagreement to the 
amendment of the House to the text of the bill and agree to the 
same with an amendment as follows:
      In lieu of the matter proposed to be inserted by the 
House amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Comprehensive Addiction and Recovery Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--PREVENTION AND EDUCATION

Sec. 101. Task force on pain management.
Sec. 102. Awareness campaigns.
Sec. 103. Community-based coalition enhancement grants to address local 
          drug crises.
Sec. 104. Information materials and resources to prevent addiction 
          related to youth sports injuries.
Sec. 105. Assisting veterans with military emergency medical training to 
          meet requirement for becoming civilian health care 
          professionals.
Sec. 106. FDA opioid action plan.
Sec. 107. Improving access to overdose treatment.
Sec. 108. NIH opioid research.
Sec. 109. National All Schedules Prescription Electronic Reporting 
          Reauthorization.
Sec. 110. Opioid overdose reversal medication access and education grant 
          programs.

                 TITLE II--LAW ENFORCEMENT AND TREATMENT

Sec. 201. Comprehensive Opioid Abuse Grant Program.
Sec. 202. First responder training.
Sec. 203. Prescription drug take back expansion.

                    TITLE III--TREATMENT AND RECOVERY

Sec. 301. Evidence-based prescription opioid and heroin treatment and 
          interventions demonstration.
Sec. 302. Building communities of recovery.
Sec. 303. Medication-assisted treatment for recovery from addiction.

              TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES

Sec. 401. GAO report on recovery and collateral consequences.

   TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND 
                                VETERANS

Sec. 501. Improving treatment for pregnant and postpartum women.
Sec. 502. Veterans treatment courts.
Sec. 503. Infant plan of safe care.
Sec. 504. GAO report on neonatal abstinence syndrome (NAS).

   TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS 
                        PRESCRIPTION OPIOID ABUSE

Sec. 601. State demonstration grants for comprehensive opioid abuse 
          response.

                        TITLE VII--MISCELLANEOUS

Sec. 701. Grant accountability and evaluations.
Sec. 702. Partial fills of schedule II controlled substances.
Sec. 703. Good samaritan assessment.
Sec. 704. Programs to prevent prescription drug abuse under Medicare 
          parts C and D.
Sec. 705. Excluding abuse-deterrent formulations of prescription drugs 
          from the Medicaid additional rebate requirement for new 
          formulations of prescription drugs.
Sec. 706. Limiting disclosure of predictive modeling and other analytics 
          technologies to identify and prevent waste, fraud, and abuse.
Sec. 707. Medicaid Improvement Fund.
Sec. 708. Sense of the Congress regarding treatment of substance abuse 
          epidemics.

               TITLE VIII--KINGPIN DESIGNATION IMPROVEMENT

Sec. 801. Protection of classified information in Federal court 
          challenges relating to designations under the Narcotics 
          Kingpin Designation Act.

                TITLE IX--DEPARTMENT OF VETERANS AFFAIRS

Sec. 901. Short title.
Sec. 902. Definitions.

             Subtitle A--Opioid Therapy and Pain Management

Sec. 911. Improvement of opioid safety measures by Department of 
          Veterans Affairs.
Sec. 912. Strengthening of joint working group on pain management of the 
          Department of Veterans Affairs and the Department of Defense.
Sec. 913. Review, investigation, and report on use of opioids in 
          treatment by Department of Veterans Affairs.
Sec. 914. Mandatory disclosure of certain veteran information to State 
          controlled substance monitoring programs.
Sec. 915. Elimination of copayment requirement for veterans receiving 
          opioid antagonists or education on use of opioid antagonists.

                      Subtitle B--Patient Advocacy

Sec. 921. Community meetings on improving care furnished by Department 
          of Veterans Affairs.
Sec. 922. Improvement of awareness of patient advocacy program and 
          patient bill of rights of Department of Veterans Affairs.
Sec. 923. Comptroller General report on patient advocacy program of 
          Department of Veterans Affairs.
Sec. 924. Establishment of Office of Patient Advocacy of the Department 
          of Veterans Affairs.

            Subtitle C--Complementary and Integrative Health

Sec. 931. Expansion of research and education on and delivery of 
          complementary and integrative health to veterans.
Sec. 932. Expansion of research and education on and delivery of 
          complementary and integrative health to veterans.
Sec. 933. Pilot program on integration of complementary and integrative 
          health and related issues for veterans and family members of 
          veterans.

              Subtitle D--Fitness of Health Care Providers

Sec. 941. Additional requirements for hiring of health care providers by 
          Department of Veterans Affairs.
Sec. 942. Provision of information on health care providers of 
          Department of Veterans Affairs to State medical boards.
Sec. 943. Report on compliance by Department of Veterans Affairs with 
          reviews of health care providers leaving the Department or 
          transferring to other facilities.

                        Subtitle E--Other Matters

Sec. 951. Modification to limitation on awards and bonuses.

                   TITLE I--PREVENTION AND EDUCATION

SEC. 101. TASK FORCE ON PAIN MANAGEMENT.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.
            (2) Task force.--The term ``task force'' means the 
        Pain Management Best Practices Inter-Agency Task Force 
        convened under subsection (b).
    (b) Inter-Agency Task Force.--Not later than 2 years after 
the date of enactment of this Act, the Secretary, in 
cooperation with the Secretary of Veterans Affairs and the 
Secretary of Defense, shall convene a Pain Management Best 
Practices Inter-Agency Task Force.
    (c) Membership.--The task force shall be comprised of--
            (1) representatives of--
                    (A) the Department of Health and Human 
                Services and relevant agencies within the 
                Department of Health and Human Services;
                    (B) the Department of Veterans Affairs;
                    (C) the Department of Defense; and
                    (D) the Office of National Drug Control 
                Policy;
            (2) currently licensed and practicing physicians, 
        dentists, and nonphysician prescribers;
            (3) currently licensed and practicing pharmacists 
        and pharmacies;
            (4) experts in the fields of pain research and 
        addiction research, including adolescent and young 
        adult addiction research;
            (5) representatives of--
                    (A) pain management professional 
                organizations;
                    (B) the mental health treatment community;
                    (C) the addiction treatment community, 
                including individuals in recovery from 
                substance use disorder;
                    (D) pain advocacy groups, including 
                patients;
                    (E) veteran service organizations;
                    (F) groups with expertise on overdose 
                reversal, including first responders;
                    (G) State medical boards; and
                    (H) hospitals;
            (6) experts on the health of, and prescription 
        opioid use disorders in, members of the Armed Forces 
        and veterans; and
            (7) experts in the field of minority health.
    (d) Representation.--The Secretary shall ensure that the 
membership of the task force includes individuals representing 
rural and underserved areas.
    (e) Duties.--The task force shall--
            (1) identify, review, and, as appropriate, 
        determine whether there are gaps in or inconsistencies 
        between best practices for pain management (including 
        chronic and acute pain) developed or adopted by Federal 
        agencies;
            (2) not later than 1 year after the date on which 
        the task force is convened under subsection (b), 
        propose updates to best practices and recommendations 
        on addressing gaps or inconsistencies identified under 
        paragraph (1), as appropriate, and submit to relevant 
        Federal agencies and the general public such proposed 
        updates and recommendations, taking into 
        consideration--
                    (A) existing pain management research and 
                other relevant research;
                    (B) recommendations from relevant 
                conferences and existing relevant evidence-
                based guidelines;
                    (C) ongoing efforts at the State and local 
                levels and by medical professional 
                organizations to develop improved pain 
                management strategies, including consideration 
                of differences within and between classes of 
                opioids, the availability of opioids with abuse 
                deterrent technology, and pharmacological, 
                nonpharmacological, and medical device 
                alternatives to opioids to reduce opioid 
                monotherapy in appropriate cases;
                    (D) the management of high-risk populations 
                who receive opioids in the course of medical 
                care, other than for pain management;
                    (E) the 2016 Guideline for Prescribing 
                Opioids for Chronic Pain issued by the Centers 
                for Disease Control and Prevention; and
                    (F) private sector, State, and local 
                government efforts related to pain management 
                and prescribing pain medication;
            (3) provide the public with at least 90 days to 
        submit comments on any proposed updates and 
        recommendations under paragraph (2); and
            (4) develop a strategy for disseminating 
        information about best practices for pain management 
        (including chronic and acute pain) to stakeholders, if 
        appropriate.
    (f) Limitation.--The task force shall not have rulemaking 
authority.
    (g) Sunset.--The task force under this section shall sunset 
after 3 years.

SEC. 102. AWARENESS CAMPAIGNS.

    (a) In General.--The Secretary of Health and Human 
Services, in coordination with the heads of other departments 
and agencies, shall, as appropriate, through existing programs 
and activities, advance the education and awareness of the 
public (including providers, patients, and consumers) and other 
appropriate entities regarding the risk of abuse of 
prescription opioids if such drugs are not taken as prescribed.
    (b) Topics.--The education and awareness campaigns under 
subsection (a) shall address--
            (1) the dangers of opioid abuse;
            (2) the prevention of opioid abuse, including 
        through safe disposal of prescription medications and 
        other safety precautions; and
            (3) the detection of early warning signs of 
        addiction.
    (c) Other Requirements.--The education and awareness 
campaigns under subsection (a) shall, as appropriate--
            (1) take into account any association between 
        prescription opioid abuse and heroin use;
            (2) emphasize--
                    (A) the similarities between heroin and 
                prescription opioids; and
                    (B) the effects of heroin and prescription 
                opioids on the human body; and
            (3) bring greater public awareness to the dangerous 
        effects of fentanyl when mixed with heroin or abused in 
        a similar manner.

SEC. 103. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL 
                    DRUG CRISES.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Substance Abuse and 
        Mental Health Services Administration.
            (2) Director.--The term ``Director'' means the 
        Director of the Office of National Drug Control Policy.
            (3) 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.).
            (4) Eligible entity.--The term ``eligible entity'' 
        means an organization that--
                    (A) on or before the date of submitting an 
                application for a grant under this section, 
                receives or has received a grant under the 
                Drug-Free Communities Act of 1997; and
                    (B) has documented, using local data, rates 
                of abuse of opioids or methamphetamines at 
                levels that are--
                            (i) significantly higher than the 
                        national average as determined by the 
                        Secretary (including appropriate 
                        consideration of the results of the 
                        Monitoring the Future Survey published 
                        by the National Institute on Drug Abuse 
                        and the National Survey on Drug Use and 
                        Health published by the Substance Abuse 
                        and Mental Health Services 
                        Administration); or
                            (ii) higher than the national 
                        average, as determined by the Secretary 
                        (including appropriate consideration of 
                        the results of the surveys described in 
                        clause (i)), over a sustained period of 
                        time.
            (5) Emerging drug abuse issue.--The term ``emerging 
        drug abuse issue'' means a substance use disorder 
        within an area involving--
                    (A) a sudden increase in demand for 
                particular drug abuse treatment services 
                relative to previous demand; and
                    (B) a lack of resources in the area to 
                address the emerging problem.
            (6) Local drug crisis.--The term ``local drug 
        crisis'' means, with respect to the area served by an 
        eligible entity--
                    (A) a sudden increase in the abuse of 
                opioids or methamphetamines, as documented by 
                local data;
                    (B) the abuse of prescription medications, 
                specifically opioids or methamphetamines, that 
                is significantly higher than the national 
                average, over a sustained period of time, as 
                documented by local data; or
                    (C) a sudden increase in opioid-related 
                deaths, as documented by local data.
            (7) Opioid.--The term ``opioid'' means any drug 
        having an addiction-forming or addiction-sustaining 
        liability similar to morphine or being capable of 
        conversion into a drug having such addiction-forming or 
        addiction-sustaining liability.
    (b) Program Authorized.--The Director, in coordination with 
the Administrator, may make grants to eligible entities to 
implement comprehensive community-wide strategies that address 
local drug crises and emerging drug abuse issues within the 
area served by the eligible entity.
    (c) Application.--
            (1) In general.--An eligible entity seeking a grant 
        under this section shall submit an application to the 
        Director at such time, in such manner, and accompanied 
        by such information as the Director may require.
            (2) Criteria.--As part of an application for a 
        grant under this section, the Director shall require an 
        eligible entity to submit a detailed, comprehensive, 
        multisector plan for addressing the local drug crisis 
        or emerging drug abuse issue 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);
            (2) to obtain specialized training and technical 
        assistance from the organization funded under section 4 
        of Public Law 107-82 (21 U.S.C. 1521 note); and
            (3) for programs designed to implement 
        comprehensive community-wide strategies to address 
        emerging drug abuse issues in the community.
    (e) 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 
the activities described in this section, and not to supplant 
those funds.
    (f) 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, and may also include an evaluation of the effectiveness 
at reducing abuse of opioids or methamphetamines.
    (g) 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 to pay for administrative 
expenses.
    (h) Delegation Authority.--The Director may enter into an 
interagency agreement with the Administrator to delegate 
authority for the execution of grants and for such other 
activities as may be necessary to carry out this section.
    (i) Authorization of Appropriations.--For the purpose of 
carrying out this section, there are authorized to be 
appropriated $5,000,000 for each of fiscal years 2017 through 
2021.

SEC. 104. INFORMATION MATERIALS AND RESOURCES TO PREVENT ADDICTION 
                    RELATED TO YOUTH SPORTS INJURIES.

    (a) Report.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall, not 
later than 24 months after the date of the enactment of this 
section, make publicly available on the appropriate website of 
the Department of Health and Human Services a report 
determining the extent to which informational materials and 
resources described in subsection (c) are available to 
teenagers and adolescents who play youth sports, families of 
such teenagers and adolescents, nurses, youth sports groups, 
and relevant health care provider groups.
    (b) Development of Informational Materials and Resources.--
The Secretary may, for purposes of preventing substance use 
disorder in teenagers and adolescents who are injured playing 
youth sports and are subsequently prescribed an opioid, not 
later than 12 months after the report is made publicly 
available under subsection (a), and taking into consideration 
the findings of such report and in coordination with relevant 
health care provider groups, facilitate the development of 
informational materials and resources described in subsection 
(c) for teenagers and adolescents who play youth sports, 
families of such teenagers and adolescents, nurses, youth 
sports groups, and relevant health care provider groups.
    (c) Materials and Resources Described.--For purposes of 
this section, the informational materials and resources 
described in this subsection are informational materials and 
resources with respect to youth sports injuries for which 
opioids are potentially prescribed, including materials and 
resources focused on the risks associated with opioid use and 
misuse, treatment options for such injuries that do not involve 
the use of opioids, and how to seek treatment for addiction.
    (d) No Additional Funds.--No additional funds are 
authorized to be appropriated for the purpose of carrying out 
this section. This section shall be carried out using amounts 
otherwise available for such purpose.

SEC. 105. ASSISTING VETERANS WITH MILITARY EMERGENCY MEDICAL TRAINING 
                    TO MEET REQUIREMENT FOR BECOMING CIVILIAN HEALTH 
                    CARE PROFESSIONALS.

    Part B of title III of the Public Health Service Act (42 
U.S.C. 243 et seq.) is amended by inserting after section 314 
the following:

``SEC. 315. ASSISTING VETERANS WITH MILITARY EMERGENCY MEDICAL TRAINING 
                    TO MEET REQUIREMENTS FOR BECOMING CIVILIAN HEALTH 
                    CARE PROFESSIONALS.

    ``(a) Program.--
            ``(1) In general.--The Secretary may establish a 
        program, in consultation with the Secretary of Labor, 
        consisting of awarding demonstration grants to States 
        to streamline State requirements and procedures in 
        order to assist veterans who held certain military 
        occupational specialties related to medical care or who 
        have completed certain medical training while serving 
        in the Armed Forces of the United States to meet 
        certification, licensure, and other requirements 
        applicable to civilian health care professions (such as 
        emergency medical technician, paramedic, licensed 
        practical nurse, registered nurse, physical therapy 
        assistant, or physician assistant professions) in the 
        State.
            ``(2) Consultation and collaboration.--In 
        determining the eligible military occupational 
        specialties or training courses and the assistance 
        required as described in paragraph (1), the Secretary 
        shall consult with the Secretary of Defense, the 
        Secretary of Veterans Affairs, and the Assistant 
        Secretary of Labor for Veterans' Employment and 
        Training, and shall collaborate with the initiatives 
        carried out under section 4114 of title 38, United 
        States Code, and sections 1142 through 1144 of title 
        10, United States Code.
    ``(b) Use of Funds.--Amounts received as a demonstration 
grant under this section shall be used to--
            ``(1) prepare and implement a plan to streamline 
        State requirements and procedures as described in 
        subsection (a), including by--
                    ``(A) determining the extent to which the 
                requirements for the education, training, and 
                skill level of civilian health care professions 
                (such as emergency medical technicians, 
                paramedics, licensed practical nurses, 
                registered nurses, physical therapy assistants, 
                or physician assistants) in the State are 
                equivalent to requirements for the education, 
                training, and skill level of veterans who 
                served in medical related fields while a member 
                of the Armed Forces of the United States; and
                    ``(B) identifying methods, such as waivers, 
                for veterans who served in medical related 
                fields while a member of the Armed Forces of 
                the United States to forgo or meet any such 
                equivalent State requirements; and
            ``(2) if necessary to meet workforce shortages or 
        address gaps in education, training, or skill level to 
        meet certification, licensure or other requirements 
        applicable to becoming a civilian health care 
        professional (such as an emergency medical technician, 
        paramedic, licensed practical nurse, registered nurse, 
        physical therapy assistant, or physician assistant 
        professions) in the State, develop or expand career 
        pathways at institutions of higher education to support 
        veterans in meeting such requirements.
    ``(c) Report.--Upon the completion of the demonstration 
program under this section, the Secretary shall submit to 
Congress a report on the program.
    ``(d) Funding.--No additional funds are authorized to be 
appropriated for the purpose of carrying out this section. This 
section shall be carried out using amounts otherwise available 
for such purpose.
    ``(e) Sunset.--The demonstration program under this section 
shall not exceed 5 years.''.

SEC. 106. FDA OPIOID ACTION PLAN.

    (a) In General.--
            (1) New drug application.--
                    (A) In general.--Subject to subparagraph 
                (B), prior to the approval pursuant to an 
                application submitted under section 505(b) of 
                the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 355(b)) of a new drug that is an opioid, 
                the Secretary of Health and Human Services 
                (referred to in this section as the 
                ``Secretary'') shall refer the application to 
                an advisory committee of the Food and Drug 
                Administration to seek recommendations from 
                such advisory committee.
                    (B) Public health exemption.--A referral to 
                an advisory committee under subparagraph (A) is 
                not required with respect to a new opioid drug 
                or drugs if the Secretary--
                            (i) finds that such a referral is 
                        not in the interest of protecting and 
                        promoting public health;
                            (ii) finds that such a referral is 
                        not necessary based on a review of the 
                        relevant scientific information; and
                            (iii) submits a notice containing 
                        the rationale for such findings to the 
                        Committee on Health, Education, Labor, 
                        and Pensions of the Senate and the 
                        Committee on Energy and Commerce of the 
                        House of Representatives.
            (2) Pediatric opioid labeling.--The Secretary shall 
        convene the Pediatric Advisory Committee of the Food 
        and Drug Administration to seek recommendations from 
        such Committee regarding a framework for the inclusion 
        of information in the labeling of drugs that are 
        opioids relating to the use of such drugs in pediatric 
        populations before the Secretary approves any labeling 
        or change to labeling for any drug that is an opioid 
        intended for use in a pediatric population.
            (3) Sunset.--The requirements of paragraphs (1) and 
        (2) shall cease to be effective on October 1, 2022.
    (b) Prescriber Education.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary, acting 
through the Commissioner of Food and Drugs, as part of the Food 
and Drug Administration's evaluation of the Extended-Release/
Long-Acting Opioid Analgesics Risk Evaluation and Mitigation 
Strategy, and in consultation with relevant stakeholders, shall 
develop recommendations regarding education programs for 
prescribers of opioids pursuant to section 505-1 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 355-1), including 
recommendations on--
            (1) which prescribers should participate in such 
        programs; and
            (2) how often participation in such programs is 
        necessary.
    (c) Guidance on Evaluating the Abuse Deterrence of Generic 
Solid Oral Opioid Drug Products.--Not later than 18 months 
after the end of the period for public comment on the draft 
guidance entitled ``General Principles for Evaluating the Abuse 
Deterrence of Generic Solid Oral Opioid Drug Products'' issued 
by the Center for Drug Evaluation and Research of the Food and 
Drug Administration in March 2016, the Commissioner of Food and 
Drugs shall publish in the Federal Register a final version of 
such guidance.

SEC. 107. IMPROVING ACCESS TO OVERDOSE TREATMENT.

    (a) Grants for Reducing Overdose Deaths.--Part D of title V 
of the Public Health Service Act (42 U.S.C. 290dd et seq.) is 
amended by adding at the end the following:

``SEC. 544. GRANTS FOR REDUCING OVERDOSE DEATHS.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary shall award grants 
        to eligible entities to expand access to drugs or 
        devices approved or cleared under the Federal Food, 
        Drug, and Cosmetic Act for emergency treatment of known 
        or suspected opioid overdose.
            ``(2) Maximum grant amount.--A grant awarded under 
        this section may not be for more than $200,000 per 
        grant year.
            ``(3) Eligible entity.--For purposes of this 
        section, the term `eligible entity' means a Federally 
        qualified health center (as defined in section 1861(aa) 
        of the Social Security Act), an opioid treatment 
        program under part 8 of title 42, Code of Federal 
        Regulations, any practitioner dispensing narcotic drugs 
        pursuant to section 303(g) of the Controlled Substances 
        Act, or any other entity that the Secretary deems 
        appropriate.
            ``(4) Prescribing.--For purposes of this section, 
        the term `prescribing' means, with respect to a drug or 
        device approved or cleared under the Federal Food, 
        Drug, and Cosmetic Act for emergency treatment of known 
        or suspected opioid overdose, the practice of 
        prescribing such drug or device--
                    ``(A) in conjunction with an opioid 
                prescription for patients at an elevated risk 
                of overdose;
                    ``(B) in conjunction with an opioid agonist 
                approved under section 505 of the Federal Food, 
                Drug, and Cosmetic Act for the treatment of 
                opioid use disorder;
                    ``(C) to the caregiver or a close relative 
                of patients at an elevated risk of overdose 
                from opioids; or
                    ``(D) in other circumstances in which a 
                provider identifies a patient is at an elevated 
                risk for an intentional or unintentional drug 
                overdose from heroin or prescription opioid 
                therapies.
    ``(b) Application.--To be eligible to receive a grant under 
this section, an eligible entity shall submit to the Secretary, 
in such form and manner as specified by the Secretary, an 
application that describes--
            ``(1) the extent to which the area to which the 
        entity will furnish services through use of the grant 
        is experiencing significant morbidity and mortality 
        caused by opioid abuse;
            ``(2) the criteria that will be used to identify 
        eligible patients to participate in such program; and
            ``(3) a plan for sustaining the program after 
        Federal support for the program has ended.
    ``(c) Use of Funds.--An eligible entity receiving a grant 
under this section may use amounts under the grant for any of 
the following activities, but may use not more than 20 percent 
of the grant funds for activities described in paragraphs (3) 
and (4):
            ``(1) To establish a program for prescribing a drug 
        or device approved or cleared under the Federal Food, 
        Drug, and Cosmetic Act for emergency treatment of known 
        or suspected opioid overdose.
            ``(2) To train and provide resources for health 
        care providers and pharmacists on the prescribing of 
        drugs or devices approved or cleared under the Federal 
        Food, Drug, and Cosmetic Act for emergency treatment of 
        known or suspected opioid overdose.
            ``(3) To purchase drugs or devices approved or 
        cleared under the Federal Food, Drug, and Cosmetic Act 
        for emergency treatment of known or suspected opioid 
        overdose, for distribution under the program described 
        in paragraph (1).
            ``(4) To offset the co-payments and other cost 
        sharing associated with drugs or devices approved or 
        cleared under the Federal Food, Drug, and Cosmetic Act 
        for emergency treatment of known or suspected opioid 
        overdose.
            ``(5) To establish protocols to connect patients 
        who have experienced a drug overdose with appropriate 
        treatment, including medication-assisted treatment and 
        appropriate counseling and behavioral therapies.
    ``(d) Evaluations by Recipients.--As a condition of receipt 
of a grant under this section, an eligible entity shall, for 
each year for which the grant is received, submit to the 
Secretary an evaluation of activities funded by the grant which 
contains such information as the Secretary may reasonably 
require.
    ``(e) Reports by the Secretary.--Not later than 5 years 
after the date on which the first grant under this section is 
awarded, the Secretary shall submit to the appropriate 
committees of the House of Representatives and of the Senate a 
report aggregating the information received from the grant 
recipients for such year under subsection (d) and evaluating 
the outcomes achieved by the programs funded by grants awarded 
under this section.
    ``(f) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section, $5,000,000 for 
the period of fiscal years 2017 through 2021.''.
    (b) Improving Access to Overdose Treatment.--
            (1) Information on best practices.--Not later than 
        180 days after the date of enactment of this Act:
                    (A) The Secretary of Health and Human 
                Services may provide information to prescribers 
                within Federally qualified health centers (as 
                defined in paragraph (4) of section 1861(aa) of 
                the Social Security Act (42 U.S.C. 1395x(aa))), 
                and the health care facilities of the Indian 
                Health Service, on best practices for 
                prescribing or co-prescribing a drug or device 
                approved or cleared under the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) 
                for emergency treatment of known or suspected 
                opioid overdose, including for patients 
                receiving chronic opioid therapy and patients 
                being treated for opioid use disorders.
                    (B) The Secretary of Defense may provide 
                information to prescribers within Department of 
                Defense medical facilities on best practices 
                for prescribing or co-prescribing a drug or 
                device approved or cleared under the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
                seq.) for emergency treatment of known or 
                suspected opioid overdose, including for 
                patients receiving chronic opioid therapy and 
                patients being treated for opioid use 
                disorders.
                    (C) The Secretary of Veterans Affairs may 
                provide information to prescribers within 
                Department of Veterans Affairs medical 
                facilities on best practices for prescribing or 
                co-prescribing a drug or device approved or 
                cleared under the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 301 et seq.) for 
                emergency treatment of known or suspected 
                opioid overdose, including for patients 
                receiving chronic opioid therapy and patients 
                being treated for opioid use disorders.
            (2) Rule of construction.--Nothing in this 
        subsection should be construed to establish or 
        contribute to a medical standard of care.

SEC. 108. NIH OPIOID RESEARCH.

    (a) In General.--The Director of the National Institutes of 
Health (referred to in this section as the ``NIH'') may 
intensify and coordinate fundamental, translational, and 
clinical research of the NIH with respect to--
            (1) the understanding of pain;
            (2) the discovery and development of therapies for 
        chronic pain; and
            (3) the development of alternatives to opioids for 
        effective pain treatments.
    (b) Priority and Direction.--The prioritization and 
direction of the Federally funded portfolio of pain research 
studies shall consider recommendations made by the Interagency 
Pain Research Coordinating Committee in concert with the Pain 
Management Best Practices Inter-Agency Task Force, and in 
accordance with the National Pain Strategy, the Federal Pain 
Research Strategy, and the NIH-Wide Strategic Plan for Fiscal 
Years 2016-2020, the latter of which calls for the relative 
burdens of individual diseases and medical disorders to be 
regarded as crucial considerations in balancing the priorities 
of the Federal research portfolio.

SEC. 109. NATIONAL ALL SCHEDULES PRESCRIPTION ELECTRONIC REPORTING 
                    REAUTHORIZATION.

    (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 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) 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)(1)--
                    (A) in the matter preceding subparagraph 
                (A), by inserting ``, in consultation with the 
                Administrator of the Substance Abuse and Mental 
                Health Services Administration and Director of 
                the Centers for Disease Control and 
                Prevention,'' after ``the Secretary'';
                    (B) in subparagraph (A), by striking 
                ``or'';
                    (C) in subparagraph (B), by striking the 
                period at the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(C) to maintain an existing State-
                controlled substance monitoring program.'';
            (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, to the extent practicable, 
                        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 so 
                        redesignated), by striking ``; and'' 
                        and inserting the following: ``and at 
                        least one health information technology 
                        system such as electronic health 
                        records, health information exchanges, 
                        or e-prescribing systems;'';
                            (vi) in clause (v) (as so 
                        redesignated)--
                                    (I) by striking ``public 
                                health'' and inserting ``public 
                                health or safety''; and
                                    (II) by striking the period 
                                and inserting ``; and''; and
                            (vii) by adding at the end the 
                        following:
                            ``(vi) information, where 
                        applicable, on how the controlled 
                        substance monitoring program jointly 
                        works with the applicant's respective 
                        State substance abuse agency to ensure 
                        information collected and maintained by 
                        the controlled substance monitoring 
                        program is used to inform the provision 
                        of clinically appropriate substance use 
                        disorder services to individuals in 
                        need.'';
                    (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 inserting before the period 
                        at the end ``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 the 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).''; and
                    (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 
                        safety''; and
                    (B) by adding at the end the following:
            ``(5) The State shall report on interoperability 
        with the controlled substance monitoring program of 
        Federal agencies, where appropriate, interoperability 
        with health information technology systems such as 
        electronic health records, health information 
        exchanges, and e-prescribing, where appropriate, and 
        whether or not the State provides automatic, up-to-
        date, 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 
                        Substances Act''; and
                            (ii) in subparagraph (D)--
                                    (I) by inserting ``a State 
                                substance abuse agency,'' after 
                                ``State health department,''; 
                                and
                                    (II) by striking ``such 
                                department, program, or 
                                administration'' each place it 
                                appears and inserting ``such 
                                department, program, agency, or 
                                administration'' in each such 
                                place; 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 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 (k)(2).
            ``(4) Research by other entities.--A department, 
        program, agency, or administration receiving 
        nonidentifiable information under paragraph (1)(D) may 
        make such information available to other entities for 
        research purposes.'';
            (7) by striking subsection (k);
            (8) by redesignating subsections (h) through (j) as 
        subsections (i) through (k), respectively;
            (9) in subsections (c)(1)(A)(iv) and (d)(4), by 
        striking ``subsection (h)'' each place it appears and 
        inserting ``subsection (i)'';
            (10) 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, to 
        the extent practicable; and
            ``(2) educate prescribers and dispensers on the 
        benefits of the system.'';
            (11) in subsection (k)(2)(A), as so redesignated--
                    (A) in clause (ii), by striking ``or 
                affected'' and inserting ``, established or 
                strengthened initiatives to ensure linkages to 
                substance use disorder services, or affected''; 
                and
                    (B) in clause (iii), by striking 
                ``including an assessment'' and inserting ``and 
                between controlled substance monitoring 
                programs and health information technology 
                systems, including an assessment'';
            (12) in subsection (l)(1), by striking 
        ``establishment, implementation, or improvement'' and 
        inserting ``establishment, improvement, or 
        maintenance'';
            (13) in subsection (m)(8), by striking ``and the 
        District of Columbia'' and inserting ``, the District 
        of Columbia, and any commonwealth or territory of the 
        United States''; and
            (14) by amending subsection (n) to read as follows:
    ``(n) Authorization of Appropriations.--To carry out this 
section, there are authorized to be appropriated, $10,000,000 
for each of fiscal years 2017 through 2021.''.

SEC. 110. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION 
                    GRANT PROGRAMS.

    (a) In General.--Part D of title V of the Public Health 
Service Act (42 U.S.C. 290dd et seq.), as amended by section 
107, is further amended by adding at the end the following:

``SEC. 545. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION 
                    GRANT PROGRAMS.

    ``(a) Grants to States.--The Secretary shall make grants to 
States to--
            ``(1) implement strategies for pharmacists to 
        dispense a drug or device approved or cleared under the 
        Federal Food, Drug, and Cosmetic Act for emergency 
        treatment of known or suspected opioid overdose, as 
        appropriate, pursuant to a standing order;
            ``(2) encourage pharmacies to dispense opioid 
        overdose reversal medication pursuant to a standing 
        order;
            ``(3) develop or provide training materials that 
        persons authorized to prescribe or dispense a drug or 
        device approved or cleared under the Federal Food, 
        Drug, and Cosmetic Act for emergency treatment of known 
        or suspected opioid overdose may use to educate the 
        public concerning--
                    ``(A) when and how to safely administer 
                such drug or device; and
                    ``(B) steps to be taken after administering 
                such drug or device; and
            ``(4) educate the public concerning the 
        availability of drugs or devices approved or cleared 
        under the Federal Food, Drug, and Cosmetic Act for 
        emergency treatment of known or suspected opioid 
        overdose without a person-specific prescription.
    ``(b) Certain Requirement.--A grant may be made under this 
section only if the State involved has authorized standing 
orders to be issued for drugs or devices approved or cleared 
under the Federal Food, Drug, and Cosmetic Act for emergency 
treatment of known or suspected opioid overdose.
    ``(c) Preference in Making Grants.--In making grants under 
this section, the Secretary may give preference to States that 
have a significantly higher rate of opioid overdoses than the 
national average, and that--
            ``(1) have not implemented standing orders 
        regarding drugs or devices approved or cleared under 
        the Federal Food, Drug, and Cosmetic Act for emergency 
        treatment of known or suspected opioid overdose;
            ``(2) authorize standing orders to be issued that 
        permit community-based organizations, substance abuse 
        programs, or other nonprofit entities to acquire, 
        dispense, or administer drugs or devices approved or 
        cleared under the Federal Food, Drug, and Cosmetic Act 
        for emergency treatment of known or suspected opioid 
        overdose; or
            ``(3) authorize standing orders to be issued that 
        permit police, fire, or emergency medical services 
        agencies to acquire and administer drugs or devices 
        approved or cleared under the Federal Food, Drug, and 
        Cosmetic Act for emergency treatment of known or 
        suspected opioid overdose.
    ``(d) Grant Terms.--
            ``(1) Number.--A State may not receive more than 
        one grant under this section at a time.
            ``(2) Period.--A grant under this section shall be 
        for a period of 3 years.
            ``(3) Limitation.--A State may use not more than 20 
        percent of a grant under this section for educating the 
        public pursuant to subsection (a)(4).
    ``(e) Applications.--To be eligible to receive a grant 
under this section, a State shall submit an application to the 
Secretary in such form and manner and containing such 
information as the Secretary may reasonably require, including 
detailed proposed expenditures of grant funds.
    ``(f) Reporting.--A State that receives a grant under this 
section shall, at least annually for the duration of the grant, 
submit a report to the Secretary evaluating the progress of the 
activities supported through the grant. Such reports shall 
include information on the number of pharmacies in the State 
that dispense a drug or device approved or cleared under the 
Federal Food, Drug, and Cosmetic Act for emergency treatment of 
known or suspected opioid overdose under a standing order, and 
other information as the Secretary determines appropriate to 
evaluate the use of grant funds.
    ``(g) Definitions.--In this section the term `standing 
order' means a document prepared by a person authorized to 
prescribe medication that permits another person to acquire, 
dispense, or administer medication without a person-specific 
prescription.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--To carry out this section, there 
        are authorized to be appropriated $5,000,000 for the 
        period of fiscal years 2017 through 2019.
            ``(2) Administrative costs.--Not more than 3 
        percent of the amounts made available to carry out this 
        section may be used by the Secretary for administrative 
        expenses of carrying out this section.''.
    (b) Technical Clarification.--Effective as if included in 
the enactment of the Children's Health Act of 2000 (Public Law 
106-310), section 3405(a) of such Act (114 Stat. 1221) is 
amended by striking ``Part E of title III'' and inserting 
``Part E of title III of the Public Health Service Act''.

                TITLE II--LAW ENFORCEMENT AND TREATMENT

SEC. 201. COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM.

    (a) Comprehensive Opioid Abuse Grant Program.--
            (1) In general.--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 the following:

          ``PART LL--COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM

``SEC. 3021. DESCRIPTION.

    ``(a) Grants Authorized.--From amounts made available to 
carry out this part, the Attorney General may make grants to 
States, units of local government, and Indian tribes, for use 
by the State, unit of local government, or Indian tribe to 
provide services primarily relating to opioid abuse, including 
for any one or more of the following:
            ``(1) Developing, implementing, or expanding a 
        treatment alternative to incarceration program, which 
        may include--
                    ``(A) prebooking or postbooking components, 
                which may include the activities described in 
                part DD or HH of this title;
                    ``(B) training for criminal justice agency 
                personnel on substance use disorders and co-
                occurring mental illness and substance use 
                disorders;
                    ``(C) a mental health court, including the 
                activities described in part V of this title;
                    ``(D) a drug court, including the 
                activities described in part EE of this title;
                    ``(E) a veterans treatment court program, 
                including the activities described in 
                subsection (i) of section 2991 of this title;
                    ``(F) a focus on parents whose 
                incarceration could result in their children 
                entering the child welfare system; and
                    ``(G) a community-based substance use 
                diversion program sponsored by a law 
                enforcement agency.
            ``(2) In the case of a State, facilitating or 
        enhancing planning and collaboration between State 
        criminal justice agencies and State substance abuse 
        agencies in order to more efficiently and effectively 
        carry out activities or services described in any 
        paragraph of this subsection that address problems 
        related to opioid abuse.
            ``(3) Providing training and resources for first 
        responders on carrying and administering an opioid 
        overdose reversal drug or device approved or cleared by 
        the Food and Drug Administration, and purchasing such a 
        drug or device for first responders who have received 
        such training to so carry and administer.
            ``(4) Locating or investigating illicit activities 
        related to the unlawful distribution of opioids.
            ``(5) Developing, implementing, or expanding a 
        medication-assisted treatment program used or operated 
        by a criminal justice agency, which may include 
        training criminal justice agency personnel on 
        medication-assisted treatment, and carrying out the 
        activities described in part S of this title.
            ``(6) In the case of a State, developing, 
        implementing, or expanding a prescription drug 
        monitoring program to collect and analyze data related 
        to the prescribing of schedules II, III, and IV 
        controlled substances through a centralized database 
        administered by an authorized State agency, which 
        includes tracking the dispensation of such substances, 
        and providing for interoperability and data sharing 
        with each other such program in each other State, and 
        with any interstate entity that shares information 
        between such programs.
            ``(7) Developing, implementing, or expanding a 
        program to prevent and address opioid abuse by 
        juveniles.
            ``(8) Developing, implementing, or expanding a 
        program (which may include demonstration projects) to 
        utilize technology that provides a secure container for 
        prescription drugs that would prevent or deter 
        individuals, particularly adolescents, from gaining 
        access to opioid medications that are lawfully 
        prescribed for other individuals.
            ``(9) Developing, implementing, or expanding a 
        prescription drug take-back program.
            ``(10) Developing, implementing, or expanding an 
        integrated and comprehensive opioid abuse response 
        program.
    ``(b) Contracts and Subawards.--A State, unit of local 
government, or Indian tribe may, in using a grant under this 
part for purposes authorized by subsection (a), use all or a 
portion of that grant to contract with, or make one or more 
subawards to, one or more--
            ``(1) local or regional organizations that are 
        private and nonprofit, including faith-based 
        organizations;
            ``(2) units of local government; or
            ``(3) tribal organizations.
    ``(c) Program Assessment Component; Waiver.--
            ``(1) Program assessment component.--Each program 
        funded under this part shall contain a program 
        assessment component, developed pursuant to guidelines 
        established by the Attorney General, in coordination 
        with the National Institute of Justice.
            ``(2) Waiver.--The Attorney General may waive the 
        requirement of paragraph (1) with respect to a program 
        if, in the opinion of the Attorney General, the program 
        is not of sufficient size to justify a full program 
        assessment.
    ``(d) Administrative Costs.--Not more than 10 percent of a 
grant made under this part may be used for costs incurred to 
administer such grant.
    ``(e) Period.--The period of a grant made under this part 
may not be longer than 4 years, except that renewals and 
extensions beyond that period may be granted at the discretion 
of the Attorney General.

``SEC. 3022. APPLICATIONS.

    ``To request a grant under this part, the chief executive 
officer of a State, unit of local government, or Indian tribe 
shall submit an application to the Attorney General at such 
time and in such form as the Attorney General may require. Such 
application shall include the following:
            ``(1) A certification that Federal funds made 
        available under this part will not be used to supplant 
        State, local, or tribal funds, but will be used to 
        increase the amounts of such funds that would, in the 
        absence of Federal funds, be made available for the 
        activities described in section 3021(a).
            ``(2) An assurance that, for each fiscal year 
        covered by an application, the applicant shall maintain 
        and report such data, records, and information 
        (programmatic and financial) as the Attorney General 
        may reasonably require.
            ``(3) A certification, made in a form acceptable to 
        the Attorney General and executed by the chief 
        executive officer of the applicant (or by another 
        officer of the applicant, if qualified under 
        regulations promulgated by the Attorney General), 
        that--
                    ``(A) the activities or services to be 
                funded by the grant meet all the requirements 
                of this part;
                    ``(B) all the information contained in the 
                application is correct;
                    ``(C) there has been appropriate 
                coordination with affected agencies; and
                    ``(D) the applicant will comply with all 
                provisions of this part and all other 
                applicable Federal laws.
            ``(4) An assurance that the applicant will work 
        with the Drug Enforcement Administration to develop an 
        integrated and comprehensive strategy to address opioid 
        abuse.

``SEC. 3023. REVIEW OF APPLICATIONS.

    ``The Attorney General shall not finally disapprove any 
application (or any amendment to that application) submitted 
under this part without first affording the applicant 
reasonable notice of any deficiencies in the application and an 
opportunity for correction of any such deficiencies and 
reconsideration.

``SEC. 3024. EQUITABLE DISTRIBUTION OF FUNDS.

    ``In awarding grants under this part, the Attorney General 
shall distribute funds in a manner that--
            ``(1) equitably addresses the needs of underserved 
        populations, including rural and tribal communities; 
        and
            ``(2) focuses on communities that have been 
        disproportionately impacted by opioid abuse as 
        evidenced in part by--
                    ``(A) high rates of primary treatment 
                admissions for heroin and other opioids;
                    ``(B) high rates of drug poisoning deaths 
                from heroin and other opioids; and
                    ``(C) a lack of accessibility to treatment 
                providers and facilities and to emergency 
                medical services.

``SEC. 3025. DEFINITIONS.

    ``In this part:
            ``(1) The term `first responder' includes a 
        firefighter, law enforcement officer, paramedic, 
        emergency medical technician, or other individual 
        (including an employee of a legally organized and 
        recognized volunteer organization, whether compensated 
        or not), who, in the course of his or her professional 
        duties, responds to fire, medical, hazardous material, 
        or other similar emergencies.
            ``(2) The term `medication-assisted treatment' 
        means the use of medications approved by the Food and 
        Drug Administration for the treatment of opioid abuse.
            ``(3) The term `opioid' means any drug, including 
        heroin, having an addiction-forming or addiction-
        sustaining liability similar to morphine or being 
        capable of conversion into a drug having such 
        addiction-forming or addiction-sustaining liability.
            ``(4) The term `schedule II, III, or IV controlled 
        substance' means a controlled substance that is listed 
        on schedule II, schedule III, or schedule IV of section 
        202(c) of the Controlled Substances Act (21 U.S.C. 
        812(c)).
            ``(5) The terms `drug' and `device' have the 
        meanings given those terms in section 201 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            ``(6) The term `criminal justice agency' means a 
        State, local, or tribal--
                    ``(A) court;
                    ``(B) prison;
                    ``(C) jail;
                    ``(D) law enforcement agency; or
                    ``(E) other agency that performs the 
                administration of criminal justice, including 
                prosecution, pretrial services, and community 
                supervision.
            ``(7) The term `tribal organization' has the 
        meaning given that term in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 
        U.S.C. 450b).
            ``(8) The term `State substance abuse agency' has 
        the meaning given that term in section 508(r)(6) of the 
        Public Health Service Act (42 U.S.C. 290bb-1).''.
            (2) Authorization of appropriations.--Section 
        1001(a) of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended 
        by inserting after paragraph (26) the following:
            ``(27) There are authorized to be appropriated to 
        carry out part LL $103,000,000 for each of fiscal years 
        2017 through 2021.''.
    (b) Emergency Federal Law Enforcement Assistance.--Section 
609Y(a) of the Justice Assistance Act of 1984 (42 U.S.C. 
10513(a)) is amended by striking ``September 30, 1984'' and 
inserting ``September 30, 2021''.
    (c) Inclusion of Services for Pregnant Women Under Family-
Based Substance Abuse Grants.--Part DD of title I of the 
Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3797s et 
seq.) is amended--
            (1) in section 2921(2), by inserting before the 
        period at the end ``or pregnant women''; and
            (2) in section 2927--
                    (A) in paragraph (1)(A), by inserting 
                ``pregnant or'' before ``a parent''; and
                    (B) in paragraph (3), by inserting ``or 
                pregnant women'' after ``incarcerated 
                parents''.
    (d) GAO Study and Report on Federal Agency Programs and 
Research Relative to Substance Use and Substance Use Disorders 
Among Adolescents and Young Adults.--
            (1) Study.--The Comptroller General of the United 
        States shall conduct a study on how Federal agencies, 
        through grant programs, are addressing prevention of, 
        treatment for, and recovery from, substance use by, and 
        substance use disorders among, adolescents and young 
        adults. Such study shall include an analysis of each of 
        the following:
                    (A) The research that has been, and is 
                being, conducted or supported pursuant to grant 
                programs operated by Federal agencies on 
                prevention of, treatment for, and recovery from 
                substance use by and substance use disorders 
                among adolescents and young adults, including 
                an assessment of--
                            (i) such research relative to any 
                        unique circumstances (including social 
                        and biological circumstances) of 
                        adolescents and young adults that may 
                        make adolescent-specific and young 
                        adult-specific treatment protocols 
                        necessary, including any effects that 
                        substance use and substance use 
                        disorders may have on brain development 
                        and the implications for treatment and 
                        recovery; and
                            (ii) areas of such research in 
                        which greater investment or focus is 
                        necessary relative to other areas of 
                        such research.
                    (B) Federal agency nonresearch programs and 
                activities that address prevention of, 
                treatment for, and recovery from substance use 
                by and substance use disorders among 
                adolescents and young adults, including an 
                assessment of the effectiveness of such 
                programs and activities in preventing substance 
                use by and substance use disorders among 
                adolescents and young adults, treating such 
                adolescents and young adults in a way that 
                accounts for any unique circumstances faced by 
                adolescents and young adults, and supports 
                long-term recovery among adolescents and young 
                adults.
                    (C) Gaps that have been identified by 
                officials of Federal agencies or experts in the 
                efforts supported by grant programs operated by 
                Federal agencies relating to prevention of, 
                treatment for, and recovery from substance use 
                by and substance use disorders among 
                adolescents and young adults, including gaps in 
                research, data collection, and measures to 
                evaluate the effectiveness of such efforts, and 
                the reasons for such gaps.
            (2) Report.--Not later than 2 years after the date 
        of enactment of this Act, the Comptroller General shall 
        submit to the appropriate committees of the Congress a 
        report containing the results of the study conducted 
        under paragraph (1), including--
                    (A) a summary of the findings of the study; 
                and
                    (B) recommendations based on the results of 
                the study, including recommendations for such 
                areas of research and legislative and 
                administrative action as the Comptroller 
                General determines appropriate.

SEC. 202. FIRST RESPONDER TRAINING.

    Part D of title V of the Public Health Service Act (42 
U.S.C. 290dd et seq.), as amended by section 110, is further 
amended by adding at the end the following:

``SEC. 546. FIRST RESPONDER TRAINING.

    ``(a) Program Authorized.--The Secretary shall make grants 
to States, local governmental entities, and Indian tribes and 
tribal organizations (as defined in section 4 of the Indian 
Self-Determination and Education Assistance Act) to allow first 
responders and members of other key community sectors to 
administer a drug or device approved or cleared under the 
Federal Food, Drug, and Cosmetic Act for emergency treatment of 
known or suspected opioid overdose.
    ``(b) Application.--
            ``(1) In general.--An entity seeking a grant under 
        this section shall submit an application to the 
        Secretary--
                    ``(A) that meets the criteria under 
                paragraph (2); and
                    ``(B) at such time, in such manner, and 
                accompanied by such information as the 
                Secretary may require.
            ``(2) Criteria.--An entity, in submitting an 
        application under paragraph (1), shall--
                    ``(A) describe the evidence-based 
                methodology and outcome measurements that will 
                be used to evaluate the program funded with a 
                grant under this section, and specifically 
                explain how such measurements will provide 
                valid measures of the impact of the program;
                    ``(B) describe how the program could be 
                broadly replicated if demonstrated to be 
                effective;
                    ``(C) identify the governmental and 
                community agencies with which the entity will 
                coordinate to implement the program; and
                    ``(D) describe how the entity will ensure 
                that law enforcement agencies will coordinate 
                with their corresponding State substance abuse 
                and mental health agencies to identify 
                protocols and resources that are available to 
                overdose victims and families, including 
                information on treatment and recovery 
                resources.
    ``(c) Use of Funds.--An entity shall use a grant received 
under this section to--
            ``(1) make a drug or device approved or cleared 
        under the Federal Food, Drug, and Cosmetic Act for 
        emergency treatment of known or suspected opioid 
        overdose available to be carried and administered by 
        first responders and members of other key community 
        sectors;
            ``(2) train and provide resources for first 
        responders and members of other key community sectors 
        on carrying and administering a drug or device approved 
        or cleared under the Federal Food, Drug, and Cosmetic 
        Act for emergency treatment of known or suspected 
        opioid overdose; and
            ``(3) establish processes, protocols, and 
        mechanisms for referral to appropriate treatment, which 
        may include an outreach coordinator or team to connect 
        individuals receiving opioid overdose reversal drugs to 
        followup services.
    ``(d) Technical Assistance Grants.--The Secretary shall 
make a grant for the purpose of providing technical assistance 
and training on the use of a drug or device approved or cleared 
under the Federal Food, Drug, and Cosmetic Act for emergency 
treatment of known or suspected opioid overdose, and mechanisms 
for referral to appropriate treatment for an entity receiving a 
grant under this section.
    ``(e) Geographic Distribution.--In making grants under this 
section, the Secretary shall ensure that not less than 20 
percent of grant funds are awarded to eligible entities that 
are not located in metropolitan statistical areas (as defined 
by the Office of Management and Budget). The Secretary shall 
take into account the unique needs of rural communities, 
including communities with an incidence of individuals with 
opioid use disorder that is above the national average and 
communities with a shortage of prevention and treatment 
services.
    ``(f) Evaluation.--The Secretary shall conduct an 
evaluation of grants made under this section to determine--
            ``(1) the number of first responders and members of 
        other key community sectors equipped with a drug or 
        device approved or cleared under the Federal Food, 
        Drug, and Cosmetic Act for emergency treatment of known 
        or suspected opioid overdose;
            ``(2) the number of opioid and heroin overdoses 
        reversed by first responders and members of other key 
        community sectors receiving training and supplies of a 
        drug or device approved or cleared under the Federal 
        Food, Drug, and Cosmetic Act for emergency treatment of 
        known or suspected opioid overdose, through a grant 
        received under this section;
            ``(3) the number of responses to requests for 
        services by the entity or subgrantee, to opioid and 
        heroin overdose; and
            ``(4) the extent to which overdose victims and 
        families receive information about treatment services 
        and available data describing treatment admissions.
    ``(g) Authorization of Appropriations.--To carry out this 
section, there are authorized to be appropriated $12,000,000 
for each of fiscal years 2017 through 2021.''.

SEC. 203. PRESCRIPTION DRUG TAKE BACK EXPANSION.

    (a) Definition of Covered Entity.--In this section, the 
term ``covered entity'' means--
            (1) a State, local, or tribal law enforcement 
        agency;
            (2) a manufacturer, distributor, or reverse 
        distributor of prescription medications;
            (3) a retail pharmacy;
            (4) a registered narcotic treatment program;
            (5) a hospital or clinic with an onsite pharmacy;
            (6) an eligible long-term care facility; or
            (7) any other entity authorized by the Drug 
        Enforcement Administration to dispose of prescription 
        medications.
    (b) Program Authorized.--The Attorney General, in 
coordination with the Administrator of the Drug Enforcement 
Administration, the Secretary of Health and Human Services, and 
the Director of the Office of National Drug Control Policy, 
shall coordinate with covered entities in expanding or making 
available disposal sites for unwanted prescription medications.

                   TITLE III--TREATMENT AND RECOVERY

SEC. 301. EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN TREATMENT AND 
                    INTERVENTIONS DEMONSTRATION.

    Subpart 1 of part B of title V of the Public Health Service 
Act (42 U.S.C. 290bb et seq.) is amended by adding at the end 
the following:

``SEC. 514B. EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN TREATMENT 
                    AND INTERVENTIONS DEMONSTRATION.

    ``(a) Grants To Expand Access.--
            ``(1) Authority to award grants.--The Secretary 
        shall award grants, contracts, or cooperative 
        agreements to State substance abuse agencies, units of 
        local government, nonprofit organizations, and Indian 
        tribes and tribal organizations (as defined in section 
        4 of the Indian Self-Determination and Education 
        Assistance Act) that have a high rate, or have had a 
        rapid increase, in the use of heroin or other opioids, 
        in order to permit such entities to expand activities, 
        including an expansion in the availability of evidence-
        based medication-assisted treatment and other 
        clinically appropriate services, with respect to the 
        treatment of addiction in the specific geographical 
        areas of such entities where there is a high rate or 
        rapid increase in the use of heroin or other opioids, 
        such as in rural areas.
            ``(2) Nature of activities.--Funds awarded under 
        paragraph (1) shall be used for activities that are 
        based on reliable scientific evidence of efficacy in 
        the treatment of problems related to heroin or other 
        opioids.
    ``(b) Application.--To be eligible for a grant, contract, 
or cooperative agreement under subsection (a), an entity shall 
submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary 
may reasonably require.
    ``(c) Evaluation.--An entity that receives a grant, 
contract, or cooperative agreement under subsection (a) shall 
submit, in the application for such grant, contract, or 
agreement a plan for the evaluation of any project undertaken 
with funds provided under this section. Such entity shall 
provide the Secretary with periodic evaluations of the progress 
of such project and an evaluation at the completion of such 
project as the Secretary determines to be appropriate.
    ``(d) Geographic Distribution.--In awarding grants, 
contracts, and cooperative agreements under this section, the 
Secretary shall ensure that not less than 15 percent of funds 
are awarded to eligible entities that are not located in 
metropolitan statistical areas (as defined by the Office of 
Management and Budget). The Secretary shall take into account 
the unique needs of rural communities, including communities 
with an incidence of individuals with opioid use disorder that 
is above the national average and communities with a shortage 
of prevention and treatment services.
    ``(e) Additional Activities.--In administering grants, 
contracts, and cooperative agreements under subsection (a), the 
Secretary shall--
            ``(1) evaluate the activities supported under such 
        subsection;
            ``(2) disseminate information, as appropriate, 
        derived from evaluations as the Secretary considers 
        appropriate;
            ``(3) provide States, Indian tribes and tribal 
        organizations, and providers with technical assistance 
        in connection with the provision of treatment of 
        problems related to heroin and other opioids; and
            ``(4) fund only those applications that 
        specifically support recovery services as a critical 
        component of the program involved.
    ``(f) Authorization of Appropriations.--To carry out this 
section, there are authorized to be appropriated $25,000,000 
for each of fiscal years 2017 through 2021.''.

SEC. 302. BUILDING COMMUNITIES OF RECOVERY.

    Part D of title V of the Public Health Service Act (42 
U.S.C. 290dd et seq.), as amended by section 202, is further 
amended by adding at the end the following:

``SEC. 547. BUILDING COMMUNITIES OF RECOVERY.

    ``(a) Definition.--In this section, the term `recovery 
community organization' means an independent nonprofit 
organization that--
            ``(1) mobilizes resources within and outside of the 
        recovery community to increase the prevalence and 
        quality of long-term recovery from substance use 
        disorders; and
            ``(2) is wholly or principally governed by people 
        in recovery for substance use disorders who reflect the 
        community served.
    ``(b) Grants Authorized.--The Secretary shall award grants 
to recovery community organizations to enable such 
organizations to develop, expand, and enhance recovery 
services.
    ``(c) Federal Share.--The Federal share of the costs of a 
program funded by a grant under this section may not exceed 50 
percent.
    ``(d) Use of Funds.--Grants awarded under subsection (b)--
            ``(1) shall be used to develop, expand, and enhance 
        community and statewide recovery support services; and
            ``(2) may be used to--
                    ``(A) build connections between recovery 
                networks, between recovery community 
                organizations, and with other recovery support 
                services, including--
                            ``(i) behavioral health providers;
                            ``(ii) primary care providers and 
                        physicians;
                            ``(iii) the criminal justice 
                        system;
                            ``(iv) employers;
                            ``(v) housing services;
                            ``(vi) child welfare agencies; and
                            ``(vii) other recovery support 
                        services that facilitate recovery from 
                        substance use disorders;
                    ``(B) reduce the stigma associated with 
                substance use disorders; and
                    ``(C) conduct outreach on issues relating 
                to substance use disorders and recovery, 
                including--
                            ``(i) identifying the signs of 
                        addiction;
                            ``(ii) the resources available to 
                        individuals struggling with addiction 
                        and to families with a family member 
                        struggling with, or being treated for, 
                        addiction, including programs that 
                        mentor and provide support services to 
                        children;
                            ``(iii) the resources available to 
                        help support individuals in recovery; 
                        and
                            ``(iv) related medical outcomes of 
                        substance use disorders, the potential 
                        of acquiring an infectious disease from 
                        intravenous drug use, and neonatal 
                        abstinence syndrome among infants 
                        exposed to opioids during pregnancy.
    ``(e) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section 
$1,000,000 for each of fiscal years 2017 through 2021.''.

SEC. 303. MEDICATION-ASSISTED TREATMENT FOR RECOVERY FROM ADDICTION.

    (a) In General.--
            (1) In general.--Section 303(g)(2) of the 
        Controlled Substances Act (21 U.S.C. 823(g)(2)) is 
        amended--
                    (A) in subparagraph (B), by striking 
                clauses (i), (ii), and (iii) and inserting the 
                following:
            ``(i) The practitioner is a qualifying practitioner 
        (as defined in subparagraph (G)).
            ``(ii) With respect to patients to whom the 
        practitioner will provide such drugs or combinations of 
        drugs, the practitioner has the capacity to provide 
        directly, by referral, or in such other manner as 
        determined by the Secretary--
                    ``(I) all drugs approved by the Food and 
                Drug Administration for the treatment of opioid 
                use disorder, including for maintenance, 
                detoxification, overdose reversal, and relapse 
                prevention; and
                    ``(II) appropriate counseling and other 
                appropriate ancillary services.
            ``(iii)(I) The total number of such patients of the 
        practitioner at any one time will not exceed the 
        applicable number. Except as provided in subclause 
        (II), the applicable number is 30.
            ``(II) The applicable number is 100 if, not sooner 
        than 1 year after the date on which the practitioner 
        submitted the initial notification, the practitioner 
        submits a second notification to the Secretary of the 
        need and intent of the practitioner to treat up to 100 
        patients.
            ``(III) The Secretary may by regulation change such 
        applicable number.
            ``(IV) The Secretary may exclude from the 
        applicable number patients to whom such drugs or 
        combinations of drugs are directly administered by the 
        qualifying practitioner in the office setting.'';
                    (B) in subparagraph (D)--
                            (i) in clause (ii), by striking 
                        ``Upon receiving a notification under 
                        subparagraph (B)'' and inserting ``Upon 
                        receiving a determination from the 
                        Secretary under clause (iii) finding 
                        that a practitioner meets all 
                        requirements for a waiver under 
                        subparagraph (B)''; and
                            (ii) in clause (iii)--
                                    (I) by inserting ``and 
                                shall forward such 
                                determination to the Attorney 
                                General'' before the period at 
                                the end of the first sentence; 
                                and
                                    (II) by striking 
                                ``physician'' and inserting 
                                ``practitioner'';
                    (C) in subparagraph (G)--
                            (i) by amending clause (ii)(I) to 
                        read as follows:
                                    ``(I) The physician holds a 
                                board certification in 
                                addiction psychiatry or 
                                addiction medicine from the 
                                American Board of Medical 
                                Specialties.'';
                            (ii) by amending clause (ii)(II) to 
                        read as follows:
                                    ``(II) The physician holds 
                                an addiction certification or 
                                board certification from the 
                                American Society of Addiction 
                                Medicine or the American Board 
                                of Addiction Medicine.'';
                            (iii) in clause (ii)(III), by 
                        striking ``subspecialty'';
                            (iv) by amending clause (ii)(IV) to 
                        read as follows:
                    ``(IV) The physician has, with respect to 
                the treatment and management of opiate-
                dependent patients, completed not less than 8 
                hours of training (through classroom 
                situations, seminars at professional society 
                meetings, electronic communications, or 
                otherwise) that is provided by the American 
                Society of Addiction Medicine, the American 
                Academy of Addiction Psychiatry, the American 
                Medical Association, the American Osteopathic 
                Association, the American Psychiatric 
                Association, or any other organization that the 
                Secretary determines is appropriate for 
                purposes of this subclause. Such training shall 
                include--
                            ``(aa) opioid maintenance and 
                        detoxification;
                            ``(bb) appropriate clinical use of 
                        all drugs approved by the Food and Drug 
                        Administration for the treatment of 
                        opioid use disorder;
                            ``(cc) initial and periodic patient 
                        assessments (including substance use 
                        monitoring);
                            ``(dd) individualized treatment 
                        planning, overdose reversal, and 
                        relapse prevention;
                            ``(ee) counseling and recovery 
                        support services;
                            ``(ff) staffing roles and 
                        considerations;
                            ``(gg) diversion control; and
                            ``(hh) other best practices, as 
                        identified by the Secretary.''; and
                            (v) by adding at the end the 
                        following:
            ``(iii) The term `qualifying practitioner' means--
                    ``(I) a qualifying physician, as defined in 
                clause (ii); or
                    ``(II) during the period beginning on the 
                date of enactment of the Comprehensive 
                Addiction and Recovery Act of 2016 and ending 
                on October 1, 2021, a qualifying other 
                practitioner, as defined in clause (iv).
            ``(iv) The term `qualifying other practitioner' 
        means a nurse practitioner or physician assistant who 
        satisfies each of the following:
                    ``(I) The nurse practitioner or physician 
                assistant is licensed under State law to 
                prescribe schedule III, IV, or V medications 
                for the treatment of pain.
                    ``(II) The nurse practitioner or physician 
                assistant has--
                            ``(aa) completed not fewer than 24 
                        hours of initial training addressing 
                        each of the topics listed in clause 
                        (ii)(IV) (through classroom situations, 
                        seminars at professional society 
                        meetings, electronic communications, or 
                        otherwise) provided by the American 
                        Society of Addiction Medicine, the 
                        American Academy of Addiction 
                        Psychiatry, the American Medical 
                        Association, the American Osteopathic 
                        Association, the American Nurses 
                        Credentialing Center, the American 
                        Psychiatric Association, the American 
                        Association of Nurse Practitioners, the 
                        American Academy of Physician 
                        Assistants, or any other organization 
                        that the Secretary determines is 
                        appropriate for purposes of this 
                        subclause; or
                            ``(bb) has such other training or 
                        experience as the Secretary determines 
                        will demonstrate the ability of the 
                        nurse practitioner or physician 
                        assistant to treat and manage opiate-
                        dependent patients.
                    ``(III) The nurse practitioner or physician 
                assistant is supervised by, or works in 
                collaboration with, a qualifying physician, if 
                the nurse practitioner or physician assistant 
                is required by State law to prescribe 
                medications for the treatment of opioid use 
                disorder in collaboration with or under the 
                supervision of a physician.

        The Secretary may, by regulation, revise the 
        requirements for being a qualifying other practitioner 
        under this clause.''; and
                    (D) in subparagraph (H)--
                            (i) in clause (i), by inserting 
                        after subclause (II) the following:
            ``(III) Such other elements of the requirements 
        under this paragraph as the Secretary determines 
        necessary for purposes of implementing such 
        requirements.''; and
                            (ii) by amending clause (ii) to 
                        read as follows:
    ``(ii) Not later than 18 months after the date of enactment 
of the Opioid Use Disorder Treatment Expansion and 
Modernization Act, the Secretary shall update the treatment 
improvement protocol containing best practice guidelines for 
the treatment of opioid-dependent patients in office-based 
settings. The Secretary shall update such protocol in 
consultation with experts in opioid use disorder research and 
treatment.''.
            (2) Opioid defined.--Section 102(18) of the 
        Controlled Substances Act (21 U.S.C. 802(18)) is 
        amended by inserting ``or `opioid''' after ``The term 
        `opiate'''.
            (3) Reports to congress.--
                    (A) In general.--Not later than 3 years 
                after the date of enactment of this Act and not 
                later than 3 years thereafter, the Secretary of 
                Health and Human Services, in consultation with 
                the Drug Enforcement Administration and experts 
                in opioid use disorder research and treatment, 
                shall--
                            (i) perform a thorough review of 
                        the provision of opioid use disorder 
                        treatment services in the United 
                        States, including services provided in 
                        opioid treatment programs and other 
                        specialty and nonspecialty settings; 
                        and
                            (ii) submit a report to the 
                        Congress on the findings and 
                        conclusions of such review.
                    (B) Contents.--Each report under 
                subparagraph (A) shall include an assessment 
                of--
                            (i) compliance with the 
                        requirements of section 303(g)(2) of 
                        the Controlled Substances Act (21 
                        U.S.C. 823(g)(2)), as amended by this 
                        section;
                            (ii) the measures taken by the 
                        Secretary of Health and Human Services 
                        to ensure such compliance;
                            (iii) whether there is further need 
                        to increase or decrease the number of 
                        patients a practitioner, pursuant to a 
                        waiver under section 303(g)(2) of the 
                        Controlled Substances Act (21 U.S.C. 
                        823(g)(2)), is permitted to treat;
                            (iv) the extent to which, and 
                        proportions with which, the full range 
                        of Food and Drug Administration-
                        approved treatments for opioid use 
                        disorder are used in routine health 
                        care settings and specialty substance 
                        use disorder treatment settings;
                            (v) access to, and use of, 
                        counseling and recovery support 
                        services, including the percentage of 
                        patients receiving such services;
                            (vi) changes in State or local 
                        policies and legislation relating to 
                        opioid use disorder treatment;
                            (vii) the use of prescription drug 
                        monitoring programs by practitioners 
                        who are permitted to dispense narcotic 
                        drugs to individuals pursuant to a 
                        waiver described in clause (iii);
                            (viii) the findings resulting from 
                        inspections by the Drug Enforcement 
                        Administration of practitioners 
                        described in clause (vii); and
                            (ix) the effectiveness of cross-
                        agency collaboration between Department 
                        of Health and Human Services and the 
                        Drug Enforcement Administration for 
                        expanding effective opioid use disorder 
                        treatment.
    (b) State Flexibility.--Section 303(g)(2) of the Controlled 
Substances Act (21 U.S.C. 823(g)(2)) is amended by striking 
subparagraphs (I) and (J), and inserting the following:
    ``(I) Notwithstanding section 708, nothing in this 
paragraph shall be construed to preempt any State law that--
            ``(i) permits a qualifying practitioner to dispense 
        narcotic drugs in schedule III, IV, or V, or 
        combinations of such drugs, for maintenance or 
        detoxification treatment in accordance with this 
        paragraph to a total number of patients that is more 
        than 30 or less than the total number applicable to the 
        qualifying practitioner under subparagraph (B)(iii)(II) 
        if a State enacts a law modifying such total number and 
        the Attorney General is notified by the State of such 
        modification; or
            ``(ii) requires a qualifying practitioner to comply 
        with additional requirements relating to the dispensing 
        of narcotic drugs in schedule III, IV, or V, or 
        combinations of such drugs, including requirements 
        relating to the practice setting in which the 
        qualifying practitioner practices and education, 
        training, and reporting requirements.''.
    (c) Update Regulations.--Not later than 18 months after the 
date of enactment of this Act, the Attorney General and the 
Secretary of Health and Human Services, as appropriate, shall 
update regulations regarding practitioners described in 
subsection (a)(3)(B)(vii) (as amended by this section) to 
include nurse practitioners and physician assistants to ensure 
the quality of patient care and prevent diversion.

              TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES

SEC. 401. GAO REPORT ON RECOVERY AND COLLATERAL CONSEQUENCES.

    (a) Report Required.--Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the United 
States shall submit to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House of 
Representatives a report that--
            (1) describes the collateral consequences for 
        individuals with convictions for nonviolent drug-
        related offenses;
            (2) describes the effect of the collateral 
        consequences described in paragraph (1) on individuals 
        in resuming their personal and professional activities, 
        especially, to the extent data are available, the 
        effect on individuals who are participating in or have 
        completed a recovery program for a substance use 
        disorder;
            (3) discusses policy bases and justifications for 
        imposing collateral consequences on individuals 
        convicted of nonviolent drug-related offenses 
        identified under paragraph (1); and
            (4) provides perspectives on the potential for 
        mitigating the effect of the collateral consequences 
        described in paragraph (1) on individuals who are 
        participating in or have completed a recovery program, 
        while also taking into account the policy interests 
        described in paragraph (3).
    (b) Definition.--In this section, the term ``collateral 
consequence''--
            (1) means a penalty, disability, or disadvantage 
        imposed upon an individual as a result of a criminal 
        conviction for a drug-related offense--
                    (A) automatically by operation of law; or
                    (B) by authorized action of an 
                administrative agency or court on a case-by-
                case basis; and
            (2) does not include a direct consequence imposed 
        as part of the judgment of a court at sentencing, 
        including a term of imprisonment or community 
        supervision, or a fine.

  TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND 
                                VETERANS

SEC. 501. IMPROVING TREATMENT FOR PREGNANT AND POSTPARTUM WOMEN.

    (a) General Amendments to the Residential Treatment Program 
for Pregnant and Postpartum Women.--Section 508 of the Public 
Health Service Act (42 U.S.C. 290bb-1) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``(referred to in 
                        this section as the `Director')'' after 
                        ``Substance Abuse Treatment'';
                            (ii) by striking ``grants, 
                        cooperative agreement,'' and inserting 
                        ``grants, including the grants under 
                        subsection (r), cooperative 
                        agreements''; and
                            (iii) by striking ``for substance 
                        abuse'' and inserting ``for substance 
                        use disorders''; and
                    (B) in paragraph (1), by inserting ``or 
                receive outpatient treatment services from'' 
                after ``reside in'';
            (2) in subsection (b)(2), by inserting ``and her 
        children'' before the period at the end;
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``to the 
                woman of the services'' and inserting ``of 
                services for the woman and her children''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by 
                        striking ``substance abuse'' and 
                        inserting ``substance use disorders''; 
                        and
                            (ii) in subparagraph (B), by 
                        striking ``such abuse'' and inserting 
                        ``such a disorder'';
            (4) in subsection (d)--
                    (A) in paragraph (3)(A), by striking 
                ``maternal substance abuse'' and inserting ``a 
                maternal substance use disorder'';
                    (B) by amending paragraph (4) to read as 
                follows:
            ``(4) Providing therapeutic, comprehensive child 
        care for children during the periods in which the woman 
        is engaged in therapy or in other necessary health and 
        rehabilitative activities.'';
                    (C) in paragraphs (9), (10), and (11), by 
                striking ``women'' each place such term appears 
                and inserting ``woman'';
                    (D) in paragraph (9), by striking ``units'' 
                and inserting ``unit''; and
                    (E) in paragraph (11)--
                            (i) in subparagraph (A), by 
                        striking ``their children'' and 
                        inserting ``any child of such woman'';
                            (ii) in subparagraph (B), by 
                        striking ``; and'' and inserting a 
                        semicolon;
                            (iii) in subparagraph (C), by 
                        striking the period and inserting ``; 
                        and''; and
                            (iv) by adding at the end the 
                        following:
                    ``(D) family reunification with children in 
                kinship or foster care arrangements, where safe 
                and appropriate.'';
            (5) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding 
                        subparagraph (A), by striking 
                        ``substance abuse'' and inserting 
                        ``substance use disorders''; and
                            (ii) in subparagraph (B), by 
                        striking ``substance abuse'' and 
                        inserting ``substance use disorders''; 
                        and
                    (B) in paragraph (2)--
                            (i) by striking ``(A) Subject'' and 
                        inserting the following:
                    ``(A) In general.--Subject'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(B)(i) In 
                                the case'' and inserting the 
                                following:
                    ``(B) Waiver of participation agreements.--
                            ``(i) In general.--In the case''; 
                        and
                                    (II) by striking ``(ii) A 
                                determination'' and inserting 
                                the following:
                            ``(ii) Donations.--A 
                        determination''; and
                            (iii) by striking ``(C) With 
                        respect'' and inserting the following:
                    ``(C) Nonapplication of certain 
                requirements.--With respect'';
            (6) in subsection (g)--
                    (A) by striking ``who are engaging in 
                substance abuse'' and inserting ``who have a 
                substance use disorder''; and
                    (B) by striking ``such abuse'' and 
                inserting ``such disorder'';
            (7) in subsection (j)--
                    (A) in the matter preceding paragraph (1), 
                by striking ``to on'' and inserting ``to or 
                on''; and
                    (B) in paragraph (3), by striking ``Office 
                for'' and inserting ``Office of'';
            (8) by amending subsection (m) to read as follows:
    ``(m) Allocation of Awards.--In making awards under 
subsection (a), the Director shall give priority to an 
applicant that agrees to use the award for a program serving an 
area that is a rural area, an area designated under section 332 
by the Secretary as a health professional shortage area, or an 
area determined by the Director to have a shortage of family-
based substance use disorder treatment options.''; and
            (9) in subsection (q)--
                    (A) in paragraph (3), by striking ``funding 
                agreement under subsection (a)'' and inserting 
                ``funding agreement''; and
                    (B) in paragraph (4), by striking 
                ``substance abuse'' and inserting ``a substance 
                use disorder''.
    (b) Reauthorization of Program.--Section 508 of the Public 
Health Service Act (42 U.S.C. 290bb-1), as amended by 
subsection (a), is further amended--
            (1) in subsection (p), in the first sentence, by 
        inserting ``(other than subsection (r))'' after 
        ``section''; and
            (2) in subsection (r), by striking ``such sums'' 
        and all that follows through ``2003'' and inserting 
        ``$16,900,000 for each of fiscal years 2017 through 
        2021''.
    (c) Pilot Program Grants for State Substance Abuse 
Agencies.--
            (1) In general.--Section 508 of the Public Health 
        Service Act (42 U.S.C. 290bb-1), as amended by 
        subsections (a) and (b), is further amended--
                    (A) by redesignating subsection (r), as 
                amended by subsection (b), as subsection (s); 
                and
                    (B) by inserting after subsection (q) the 
                following new subsection:
    ``(r) Pilot Program for State Substance Abuse Agencies.--
            ``(1) In general.--From amounts made available 
        under subsection (s), the Director of the Center for 
        Substance Abuse Treatment shall carry out a pilot 
        program under which competitive grants are made by the 
        Director to State substance abuse agencies--
                    ``(A) to enhance flexibility in the use of 
                funds designed to support family-based services 
                for pregnant and postpartum women with a 
                primary diagnosis of a substance use disorder, 
                including opioid use disorders;
                    ``(B) to help State substance abuse 
                agencies address identified gaps in services 
                furnished to such women along the continuum of 
                care, including services provided to women in 
                nonresidential-based settings; and
                    ``(C) to promote a coordinated, effective, 
                and efficient State system managed by State 
                substance abuse agencies by encouraging new 
                approaches and models of service delivery.
            ``(2) Requirements.--In carrying out the pilot 
        program under this subsection, the Director shall--
                    ``(A) require State substance abuse 
                agencies to submit to the Director 
                applications, in such form and manner and 
                containing such information as specified by the 
                Director, to be eligible to receive a grant 
                under the program;
                    ``(B) identify, based on such submitted 
                applications, State substance abuse agencies 
                that are eligible for such grants;
                    ``(C) require services proposed to be 
                furnished through such a grant to support 
                family-based treatment and other services for 
                pregnant and postpartum women with a primary 
                diagnosis of a substance use disorder, 
                including opioid use disorders;
                    ``(D) not require that services furnished 
                through such a grant be provided solely to 
                women that reside in facilities;
                    ``(E) not require that grant recipients 
                under the program make available through use of 
                the grant all the services described in 
                subsection (d); and
                    ``(F) consider not applying the 
                requirements described in paragraphs (1) and 
                (2) of subsection (f) to an applicant, 
                depending on the circumstances of the 
                applicant.
            ``(3) Required services.--
                    ``(A) In general.--The Director shall 
                specify a minimum set of services required to 
                be made available to eligible women through a 
                grant awarded under the pilot program under 
                this subsection. Such minimum set of services--
                            ``(i) shall include the services 
                        requirements described in subsection 
                        (c) and be based on the recommendations 
                        submitted under subparagraph (B); and
                            ``(ii) may be selected from among 
                        the services described in subsection 
                        (d) and include other services as 
                        appropriate.
                    ``(B) Stakeholder input.--The Director 
                shall convene and solicit recommendations from 
                stakeholders, including State substance abuse 
                agencies, health care providers, persons in 
                recovery from substance abuse, and other 
                appropriate individuals, for the minimum set of 
                services described in subparagraph (A).
            ``(4) Duration.--The pilot program under this 
        subsection shall not exceed 5 years.
            ``(5) Evaluation and report to congress.--
                    ``(A) In general.--The Director of the 
                Center for Behavioral Health Statistics and 
                Quality shall evaluate the pilot program at the 
                conclusion of the first grant cycle funded by 
                the pilot program.
                    ``(B) Report.--The Director of the Center 
                for Behavioral Health Statistics and Quality, 
                in coordination with the Director of the Center 
                for Substance Abuse Treatment shall submit to 
                the relevant committees of jurisdiction of the 
                House of Representatives and the Senate a 
                report on the evaluation under subparagraph 
                (A). The report shall include, at a minimum--
                            ``(i) outcomes information from the 
                        pilot program, including any resulting 
                        reductions in the use of alcohol and 
                        other drugs;
                            ``(ii) engagement in treatment 
                        services;
                            ``(iii) retention in the 
                        appropriate level and duration of 
                        services;
                            ``(iv) increased access to the use 
                        of medications approved by the Food and 
                        Drug Administration for the treatment 
                        of substance use disorders in 
                        combination with counseling; and
                            ``(v) other appropriate measures.
                    ``(C) Recommendation.--The report under 
                subparagraph (B) shall include a recommendation 
                by the Director of the Center for Substance 
                Abuse Treatment as to whether the pilot program 
                under this subsection should be extended.
            ``(6) State substance abuse agencies defined.--For 
        purposes of this subsection, the term `State substance 
        abuse agency' means, with respect to a State, the 
        agency in such State that manages the Substance Abuse 
        Prevention and Treatment Block Grant under part B of 
        title XIX.''.
            (2) Funding.--Subsection (s) of section 508 of the 
        Public Health Service Act (42 U.S.C. 290bb-1), as 
        amended by subsection (a) and redesignated by paragraph 
        (1), is further amended by adding at the end the 
        following new sentences: ``Of the amounts made 
        available for a year pursuant to the previous sentence 
        to carry out this section, not more than 25 percent of 
        such amounts shall be made available for such year to 
        carry out subsection (r), other than paragraph (5) of 
        such subsection. Notwithstanding the preceding 
        sentence, no funds shall be made available to carry out 
        subsection (r) for a fiscal year unless the amount made 
        available to carry out this section for such fiscal 
        year is more than the amount made available to carry 
        out this section for fiscal year 2016.''.

SEC. 502. VETERANS TREATMENT COURTS.

    Section 2991 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797aa) is amended--
            (1) by redesignating subsection (i) as subsection 
        (j); and
            (2) by inserting after subsection (h) the 
        following:
    ``(i) Assisting Veterans.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Peer-to-peer services or programs.--
                The term `peer-to-peer services or programs' 
                means services or programs that connect 
                qualified veterans with other veterans for the 
                purpose of providing support and mentorship to 
                assist qualified veterans in obtaining 
                treatment, recovery, stabilization, or 
                rehabilitation.
                    ``(B) Qualified veteran.--The term 
                `qualified veteran' means a preliminarily 
                qualified offender who--
                            ``(i) served on active duty in any 
                        branch of the Armed Forces, including 
                        the National Guard or Reserves; and
                            ``(ii) was discharged or released 
                        from such service under conditions 
                        other than dishonorable, unless the 
                        reason for the dishonorable discharge 
                        was attributable to a substance abuse 
                        disorder.
                    ``(C) Veterans treatment court program.--
                The term `veterans treatment court program' 
                means a court program involving collaboration 
                among criminal justice, veterans, and mental 
                health and substance abuse agencies that 
                provides qualified veterans with--
                            ``(i) intensive judicial 
                        supervision and case management, which 
                        may include random and frequent drug 
                        testing where appropriate;
                            ``(ii) a full continuum of 
                        treatment services, including mental 
                        health services, substance abuse 
                        services, medical services, and 
                        services to address trauma;
                            ``(iii) alternatives to 
                        incarceration; or
                            ``(iv) other appropriate services, 
                        including housing, transportation, 
                        mentoring, employment, job training, 
                        education, or assistance in applying 
                        for and obtaining available benefits.
            ``(2) Veterans assistance program.--
                    ``(A) In general.--The Attorney General, in 
                consultation with the Secretary of Veterans 
                Affairs, may award grants under this subsection 
                to applicants to establish or expand--
                            ``(i) veterans treatment court 
                        programs;
                            ``(ii) peer-to-peer services or 
                        programs for qualified veterans;
                            ``(iii) practices that identify and 
                        provide treatment, rehabilitation, 
                        legal, transitional, and other 
                        appropriate services to qualified 
                        veterans who have been incarcerated; or
                            ``(iv) training programs to teach 
                        criminal justice, law enforcement, 
                        corrections, mental health, and 
                        substance abuse personnel how to 
                        identify and appropriately respond to 
                        incidents involving qualified veterans.
                    ``(B) Priority.--In awarding grants under 
                this subsection, the Attorney General shall 
                give priority to applications that--
                            ``(i) demonstrate collaboration 
                        between and joint investments by 
                        criminal justice, mental health, 
                        substance abuse, and veterans service 
                        agencies;
                            ``(ii) promote effective strategies 
                        to identify and reduce the risk of harm 
                        to qualified veterans and public 
                        safety; and
                            ``(iii) propose interventions with 
                        empirical support to improve outcomes 
                        for qualified veterans.''.

SEC. 503. INFANT PLAN OF SAFE CARE.

    (a) Best Practices for Development of Plans of Safe Care.--
Section 103(b) of the Child Abuse Prevention and Treatment Act 
(42 U.S.C. 5104(b)) is amended--
            (1) by redesignating paragraphs (5) through (8) as 
        paragraphs (6) through (9), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) maintain and disseminate information about 
        the requirements of section 106(b)(2)(B)(iii) and best 
        practices relating to the development of plans of safe 
        care as described in such section for infants born and 
        identified as being affected by substance abuse or 
        withdrawal symptoms, or a Fetal Alcohol Spectrum 
        Disorder;''.
    (b) State Plans.--Section 106(b)(2)(B) of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)) is 
amended--
            (1) in clause (ii), by striking ``illegal substance 
        abuse'' and inserting ``substance abuse''; and
            (2) in clause (iii)--
                    (A) by striking ``illegal substance abuse'' 
                and inserting ``substance abuse''; and
                    (B) by inserting before the semicolon at 
                the end the following: ``to ensure the safety 
                and well-being of such infant following release 
                from the care of health care providers, 
                including through--
                            ``(I) addressing the health and 
                        substance use disorder treatment needs 
                        of the infant and affected family or 
                        caregiver; and
                            ``(II) the development and 
                        implementation by the State of 
                        monitoring systems regarding the 
                        implementation of such plans to 
                        determine whether and in what manner 
                        local entities are providing, in 
                        accordance with State requirements, 
                        referrals to and delivery of 
                        appropriate services for the infant and 
                        affected family or caregiver''.
    (c) Data Reports.--
            (1) In general.--Section 106(d) of the Child Abuse 
        Prevention and Treatment Act (42 U.S.C. 5106a(d)) is 
        amended by adding at the end of the following:
            ``(17) The number of infants--
                    ``(A) identified under subsection 
                (b)(2)(B)(ii);
                    ``(B) for whom a plan of safe care was 
                developed under subsection (b)(2)(B)(iii); and
                    ``(C) for whom a referral was made for 
                appropriate services, including services for 
                the affected family or caregiver, under 
                subsection (b)(2)(B)(iii).''.
            (2) Redesignation.--Effective on May 29, 2017, 
        section 106(d) of the Child Abuse Prevention and 
        Treatment Act (42 U.S.C. 5106a(d)) is amended by 
        redesignating paragraph (17) (as added by paragraph 
        (1)) as paragraph (18).
    (d) Monitoring and Oversight.--
            (1) Amendment.--Title I of the Child Abuse 
        Prevention and Treatment Act (42 U.S.C. 5101 et seq.) 
        is amended by adding at the end the following:

``SEC. 114. MONITORING AND OVERSIGHT.

    ``The Secretary shall conduct monitoring to ensure that 
each State that receives a grant under section 106 is in 
compliance with the requirements of section 106(b), which--
            ``(1) shall--
                    ``(A) be in addition to the review of the 
                State plan upon its submission under section 
                106(b)(1)(A); and
                    ``(B) include monitoring of State policies 
                and procedures required under clauses (ii) and 
                (iii) of section 106(b)(2)(B); and
            ``(2) may include--
                    ``(A) a comparison of activities carried 
                out by the State to comply with the 
                requirements of section 106(b) with the State 
                plan most recently approved under section 432 
                of the Social Security Act;
                    ``(B) a review of information available on 
                the website of the State relating to its 
                compliance with the requirements of section 
                106(b);
                    ``(C) site visits, as may be necessary to 
                carry out such monitoring; and
                    ``(D) a review of information available in 
                the State's Annual Progress and Services Report 
                most recently submitted under section 1357.16 
                of title 45, Code of Federal Regulations (or 
                successor regulations).''.
            (2) Table of contents.--The table of contents in 
        section 1(b) of the Child Abuse Prevention and 
        Treatment Act (42 U.S.C. 5101 note) is amended by 
        inserting after the item relating to section 113, the 
        following:

``Sec. 114. Monitoring and oversight.''.

    (e) Rule of Construction.--Nothing in this section, or the 
amendments made by this section, shall be construed to 
authorize the Secretary of Health and Human Services or any 
other officer of the Federal Government to add new requirements 
to section 106(b) of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5106a(b)), as amended by this section.

SEC. 504. GAO REPORT ON NEONATAL ABSTINENCE SYNDROME (NAS).

    (a) In General.--Not later than 1 year after the date of 
the enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on 
Finance and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on neonatal abstinence syndrome 
(in this section referred to as ``NAS'') in the United States.
    (b) Information To Be Included in Report.--Such report 
shall include information on the following:
            (1) The prevalence of NAS in the United States, 
        including the proportion of children born in the United 
        States with NAS who are eligible for medical assistance 
        under State Medicaid programs under title XIX of the 
        Social Security Act (42 U.S.C. 1396 et seq.) at birth, 
        and the costs associated with coverage under such 
        programs for treatment of infants with NAS.
            (2) The services for which coverage is available 
        under State Medicaid programs for treatment of infants 
        with NAS.
            (3) The settings (including inpatient, outpatient, 
        hospital-based, and other settings) for the treatment 
        of infants with NAS and the reimbursement methodologies 
        and costs associated with such treatment in such 
        settings.
            (4) The prevalence of utilization of various care 
        settings under State Medicaid programs for treatment of 
        infants with NAS and any Federal barriers to treating 
        such infants under such programs, particularly in non-
        hospital-based settings.
            (5) What is known about best practices for treating 
        infants with NAS.
    (c) Recommendations.--Such report also shall include such 
recommendations as the Comptroller General determines 
appropriate for improvements that will ensure access to 
treatment for infants with NAS under State Medicaid programs.

  TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS 
                       PRESCRIPTION OPIOID ABUSE

SEC. 601. STATE DEMONSTRATION GRANTS FOR COMPREHENSIVE OPIOID ABUSE 
                    RESPONSE.

    Part D of title V of the Public Health Service Act (42 
U.S.C. 290dd et seq.), as amended by section 302, is further 
amended by adding at the end the following:

``SEC. 548. STATE DEMONSTRATION GRANTS FOR COMPREHENSIVE OPIOID ABUSE 
                    RESPONSE.

    ``(a) Definitions.--In this section:
            ``(1) Dispenser.--The term `dispenser' has the 
        meaning given the term in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802).
            ``(2) Prescriber.--The term `prescriber' means a 
        dispenser who prescribes a controlled substance, or the 
        agent of such a dispenser.
            ``(3) Prescriber of a schedule ii, iii, or iv 
        controlled substance.--The term `prescriber of a 
        schedule II, III, or IV controlled substance' does not 
        include a prescriber of a schedule II, III, or IV 
        controlled substance that dispenses the substance--
                    ``(A) for use on the premises on which the 
                substance is dispensed;
                    ``(B) in a hospital emergency room, when 
                the substance is in short supply;
                    ``(C) for a certified opioid treatment 
                program; or
                    ``(D) in other situations as the Secretary 
                may reasonably determine.
            ``(4) Schedule ii, iii, or iv controlled 
        substance.--The term `schedule II, III, or IV 
        controlled substance' means a controlled substance that 
        is listed on schedule II, schedule III, or schedule IV 
        of section 202(c) of the Controlled Substances Act.
    ``(b) Grants for Comprehensive Opioid Abuse Response.--
            ``(1) In general.--The Secretary shall award grants 
        to States, and combinations of States, to implement an 
        integrated opioid abuse response initiative.
            ``(2) Purposes.--A State receiving a grant under 
        this section shall establish a comprehensive response 
        plan to opioid abuse, which may include--
                    ``(A) education efforts around opioid use, 
                treatment, and addiction recovery, including 
                education of residents, medical students, and 
                physicians and other prescribers of schedule 
                II, III, or IV controlled substances on 
                relevant prescribing guidelines, the 
                prescription drug monitoring program of the 
                State described in subparagraph (B), and 
                overdose prevention methods;
                    ``(B) establishing, maintaining, or 
                improving a comprehensive prescription drug 
                monitoring program to track dispensing of 
                schedule II, III, or IV controlled substances, 
                which may--
                            ``(i) provide for data sharing with 
                        other States; and
                            ``(ii) allow all individuals 
                        authorized by the State to write 
                        prescriptions for schedule II, III, or 
                        IV controlled substances to access the 
                        prescription drug monitoring program of 
                        the State;
                    ``(C) developing, implementing, or 
                expanding prescription drug and opioid 
                addiction treatment programs by--
                            ``(i) expanding the availability of 
                        treatment for prescription drug and 
                        opioid addiction, including medication-
                        assisted treatment and behavioral 
                        health therapy, as appropriate;
                            ``(ii) developing, implementing, or 
                        expanding screening for individuals in 
                        treatment for prescription drug and 
                        opioid addiction for hepatitis C and 
                        HIV, and treating or referring those 
                        individuals if clinically appropriate; 
                        or
                            ``(iii) developing, implementing, 
                        or expanding recovery support services 
                        and programs at high schools or 
                        institutions of higher education;
                    ``(D) developing, implementing, and 
                expanding efforts to prevent overdose death 
                from opioid abuse or addiction to prescription 
                medications and opioids; and
                    ``(E) advancing the education and awareness 
                of the public, providers, patients, consumers, 
                and other appropriate entities regarding the 
                dangers of opioid abuse, safe disposal of 
                prescription medications, and detection of 
                early warning signs of opioid use disorders.
            ``(3) Application.--A State seeking a grant under 
        this section shall submit to the Secretary an 
        application in such form, and containing such 
        information, as the Secretary may reasonably require.
            ``(4) Use of funds.--A State that receives a grant 
        under this section shall use the grant for the cost, 
        including the cost for technical assistance, training, 
        and administration expenses, of carrying out an 
        integrated opioid abuse response initiative as outlined 
        by the State's comprehensive response plan to opioid 
        abuse established under paragraph (2).
            ``(5) Priority considerations.--In awarding grants 
        under this section, the Secretary shall, as 
        appropriate, give priority to a State that--
                    ``(A)(i) provides civil liability 
                protection for first responders, health 
                professionals, and family members who have 
                received appropriate training in administering 
                a drug or device approved or cleared under the 
                Federal Food, Drug, and Cosmetic Act for 
                emergency treatment of known or suspected 
                opioid overdose; and
                    ``(ii) submits to the Secretary a 
                certification by the attorney general of the 
                State that the attorney general has--
                            ``(I) reviewed any applicable civil 
                        liability protection law to determine 
                        the applicability of the law with 
                        respect to first responders, health 
                        care professionals, family members, and 
                        other individuals who--
                                    ``(aa) have received 
                                appropriate training in 
                                administering a drug or device 
                                approved or cleared under the 
                                Federal Food, Drug, and 
                                Cosmetic Act for emergency 
                                treatment of known or suspected 
                                opioid overdose; and
                                    ``(bb) may administer a 
                                drug or device approved or 
                                cleared under the Federal Food, 
                                Drug, and Cosmetic Act for 
                                emergency treatment of known or 
                                suspected opioid overdose; and
                            ``(II) concluded that the law 
                        described in subclause (I) provides 
                        adequate civil liability protection 
                        applicable to such persons;
                    ``(B) has a process for enrollment in 
                services and benefits necessary by criminal 
                justice agencies to initiate or continue 
                treatment in the community, under which an 
                individual who is incarcerated may, while 
                incarcerated, enroll in services and benefits 
                that are necessary for the individual to 
                continue treatment upon release from 
                incarceration;
                    ``(C) ensures the capability of data 
                sharing with other States, where applicable, 
                such as by making data available to a 
                prescription monitoring hub;
                    ``(D) ensures that data recorded in the 
                prescription drug monitoring program database 
                of the State are regularly updated, to the 
                extent possible;
                    ``(E) ensures that the prescription drug 
                monitoring program of the State notifies 
                prescribers and dispensers of schedule II, III, 
                or IV controlled substances when overuse or 
                misuse of such controlled substances by 
                patients is suspected; and
                    ``(F) has in effect one or more statutes or 
                implements policies that maximize use of 
                prescription drug monitoring programs by 
                individuals authorized by the State to 
                prescribe schedule II, III, or IV controlled 
                substances.
            ``(6) Evaluation.--In conducting an evaluation of 
        the program under this section pursuant to section 701 
        of the Comprehensive Addiction and Recovery Act of 
        2016, with respect to a State, the Secretary shall 
        report on State legislation or policies related to 
        maximizing the use of prescription drug monitoring 
        programs and the incidence of opioid use disorders and 
        overdose deaths in such State.
            ``(7) States with local prescription drug 
        monitoring programs.--
                    ``(A) In general.--In the case of a State 
                that does not have a prescription drug 
                monitoring program, a county or other unit of 
                local government within the State that has a 
                prescription drug monitoring program shall be 
                treated as a State for purposes of this 
                section, including for purposes of eligibility 
                for grants under paragraph (1).
                    ``(B) Plan for interoperability.--In 
                submitting an application to the Secretary 
                under paragraph (3), a county or other unit of 
                local government shall submit a plan outlining 
                the methods such county or unit of local 
                government shall use to ensure the capability 
                of data sharing with other counties and units 
                of local government within the state and with 
                other States, as applicable.
    ``(c) Authorization of Funding.--For the purpose of 
carrying out this section, there are authorized to be 
appropriated $5,000,000 for each of fiscal years 2017 through 
2021.''.

                        TITLE VII--MISCELLANEOUS

SEC. 701. GRANT ACCOUNTABILITY AND EVALUATIONS.

    (a) Department of Justice Grant Accountability.--Part LL of 
title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3711 et seq.), as added by section 201, is 
amended by adding at the end the following:

``SEC. 3026. GRANT ACCOUNTABILITY.

    ``(a) Definition of Applicable Committees.--In this 
section, the term `applicable committees' means--
            ``(1) the Committee on the Judiciary of the Senate; 
        and
            ``(2) the Committee on the Judiciary of the House 
        of Representatives.
    ``(b) Accountability.--All grants awarded by the Attorney 
General under this part shall be subject to the following 
accountability provisions:
            ``(1) Audit requirement.--
                    ``(A) Definition.--In this paragraph, the 
                term `unresolved audit finding' means a finding 
                in the final audit report of the Inspector 
                General of the Department of Justice that the 
                audited grantee has utilized grant funds for an 
                unauthorized expenditure or otherwise 
                unallowable cost that is not closed or resolved 
                within 12 months after the date on which the 
                final audit report is issued.
                    ``(B) Audit.--Beginning in the first fiscal 
                year beginning after the date of enactment of 
                this section, and in each fiscal year 
                thereafter, the Inspector General of the 
                Department of Justice shall conduct audits of 
                recipients of grants awarded by the Attorney 
                General under this part to prevent waste, 
                fraud, and abuse of funds by grantees. The 
                Inspector General shall determine the 
                appropriate number of grantees to be audited 
                each year.
                    ``(C) Mandatory exclusion.--A recipient of 
                grant funds under this part that is found to 
                have an unresolved audit finding shall not be 
                eligible to receive grant funds under this part 
                during the first 2 fiscal years beginning after 
                the end of the 12-month period described in 
                subparagraph (A).
                    ``(D) Priority.--In awarding grants under 
                this part, the Attorney General shall give 
                priority to eligible applicants that did not 
                have an unresolved audit finding during the 3 
                fiscal years before submitting an application 
                for a grant under this part.
                    ``(E) Reimbursement.--If an entity is 
                awarded grant funds under this part during the 
                2-fiscal-year period during which the entity is 
                barred from receiving grants under subparagraph 
                (C), the Attorney General shall--
                            ``(i) deposit an amount equal to 
                        the amount of the grant funds that were 
                        improperly awarded to the grantee into 
                        the General Fund of the Treasury; and
                            ``(ii) seek to recoup the costs of 
                        the repayment to the fund from the 
                        grant recipient that was erroneously 
                        awarded grant funds.
            ``(2) Nonprofit organization requirements.--
                    ``(A) Definition.--For purposes of this 
                paragraph and the grant programs under this 
                part, the term `nonprofit organization' means 
                an organization that is described in section 
                501(c)(3) of the Internal Revenue Code of 1986 
                and is exempt from taxation under section 
                501(a) of such Code.
                    ``(B) Prohibition.--A nonprofit 
                organization that holds money in offshore 
                accounts for the purpose of avoiding paying the 
                tax described in section 511(a) of the Internal 
                Revenue Code of 1986 may not--
                            ``(i) be party to a contract 
                        entered into under section 3021(b); or
                            ``(ii) receive a subaward under 
                        section 3021(b).
                    ``(C) Disclosure.--Each nonprofit 
                organization that receives a subaward or is 
                party to a contract entered into under section 
                3021(b) and uses the procedures prescribed in 
                regulations to create a rebuttable presumption 
                of reasonableness for the compensation of its 
                officers, directors, trustees, and key 
                employees, shall disclose, in the application 
                for such contract or subaward, the process for 
                determining such compensation, including the 
                independent persons involved in reviewing and 
                approving such compensation, the comparability 
                data used, and contemporaneous substantiation 
                of the deliberation and decision. Upon request, 
                the Attorney General shall make the information 
                disclosed under this subparagraph available for 
                public inspection.
            ``(3) Conference expenditures.--
                    ``(A) Limitation.--No amounts made 
                available to the Attorney General under this 
                part may be used by the Attorney General, or by 
                any State, unit of local government, or entity 
                awarded a grant, subaward, or contract under 
                this part, to host or support any expenditure 
                for conferences that uses more than $20,000 in 
                funds made available by the Attorney General, 
                unless the head of the relevant agency, bureau, 
                or program office provides prior written 
                authorization that the funds may be expended to 
                host or support the conference.
                    ``(B) Written authorization.--Written 
                authorization under subparagraph (A) shall 
                include a written estimate of all costs 
                associated with the conference, including the 
                cost of all food, beverages, audio-visual 
                equipment, honoraria for speakers, and 
                entertainment.
                    ``(C) Report.--The Deputy Attorney General 
                shall submit to the applicable committees an 
                annual report on all conference expenditures 
                approved by the Attorney General under this 
                paragraph.
            ``(4) Annual certification.--Beginning in the first 
        fiscal year beginning after the date of enactment of 
        this section, the Attorney General shall submit to the 
        applicable committees an annual certification--
                    ``(A) indicating whether--
                            ``(i) all audits issued by the 
                        Inspector General of the Department of 
                        Justice under paragraph (1) have been 
                        completed and reviewed by the 
                        appropriate Assistant Attorney General 
                        or Director;
                            ``(ii) all mandatory exclusions 
                        required under paragraph (1)(C) have 
                        been issued; and
                            ``(iii) all reimbursements required 
                        under paragraph (1)(E) have been made; 
                        and
                    ``(B) that includes a list of any grant 
                recipients excluded under paragraph (1) from 
                the previous year.
    ``(c) Preventing Duplicative Grants.--
            ``(1) In general.--Before the Attorney General 
        awards a grant to an applicant under this part, the 
        Attorney General shall compare potential grant awards 
        with other grants awarded under this part by the 
        Attorney General to determine if duplicate grant awards 
        are awarded for the same purpose.
            ``(2) Report.--If the Attorney General awards 
        duplicate grants under this part to the same applicant 
        for the same purpose, the Attorney General shall submit 
        to the applicable committees a report that includes--
                    ``(A) a list of all duplicate grants 
                awarded under this part, including the total 
                dollar amount of any duplicate grants awarded; 
                and
                    ``(B) the reason the Attorney General 
                awarded the duplicate grants.''.
    (b) Evaluation of Performance of Department of Justice 
Programs.--
            (1) Evaluation of justice department comprehensive 
        opioid abuse grant program.--Not later than 5 years 
        after the date of enactment of this Act, the Attorney 
        General shall complete an evaluation of the 
        effectiveness of the Comprehensive Opioid Abuse Grant 
        Program under part LL of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968, as added by 
        section 201, administered by the Department of Justice 
        based upon the information reported under paragraph 
        (4).
            (2) Interim evaluation.--Not later than 3 years 
        after the date of enactment of this Act, the Attorney 
        General shall complete an interim evaluation assessing 
        the nature and extent of the incidence of opioid abuse 
        and illegal opioid distribution in the United States.
            (3) Metrics and outcomes for evaluation.--Not later 
        than 180 days after the date of enactment of this Act, 
        the Attorney General shall identify outcomes that are 
        to be achieved by activities funded by the 
        Comprehensive Opioid Abuse Grant Program and the 
        metrics by which the achievement of such outcomes shall 
        be determined.
            (4) Metrics data collection.--The Attorney General 
        shall require grantees under the Comprehensive Opioid 
        Abuse Grant Program (and those receiving subawards 
        under section 3021(b) of part LL of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968, as 
        added by section 201) to collect and annually report to 
        the Department of Justice data based upon the metrics 
        identified under paragraph (3).
            (5) Publication of data and findings.--
                    (A) Publication of outcomes and metrics.--
                The Attorney General shall, not later than 30 
                days after completion of the requirement under 
                paragraph (3), publish the outcomes and metrics 
                identified under that paragraph.
                    (B) Publication of evaluation.--In the case 
                of the interim evaluation under paragraph (2), 
                and the final evaluation under paragraph (1), 
                the entity conducting the evaluation shall, not 
                later than 90 days after such an evaluation is 
                completed, publish the results of such 
                evaluation and issue a report on such 
                evaluation to the Committee on the Judiciary of 
                the House of Representatives and the Committee 
                on the Judiciary of the Senate. Such report 
                shall also be published along with the data 
                used to make such evaluation.
            (6) Independent evaluation.--For purposes of 
        paragraphs (1), (2), and (3), the Attorney General 
        shall--
                    (A) enter into an arrangement with the 
                National Academy of Sciences; or
                    (B) enter into a contract or cooperative 
                agreement with an entity that is not an agency 
                of the Federal Government, and is qualified to 
                conduct and evaluate research pertaining to 
                opioid use and abuse, and draw conclusions 
                about overall opioid use and abuse on the basis 
                of that research.
    (c) Department of Health and Human Services Grant 
Accountability.--
            (1) Definitions.--In this subsection:
                    (A) Applicable committees.--The term 
                ``applicable committees'' means--
                            (i) the Committee on Health, 
                        Education, Labor and Pensions of the 
                        Senate; and
                            (ii) the Committee on Energy and 
                        Commerce of the House of 
                        Representatives.
                    (B) Covered grant.--The term ``covered 
                grant'' means a grant awarded by the Secretary 
                under a program established under this Act (or 
                an amendment made by this Act, other than 
                sections 703 through 707), including any grant 
                administered by the Administrator of the 
                Substance Abuse and Mental Health Services 
                Administration under section 103.
                    (C) Grantee.--The term ``grantee'' means 
                the recipient of a covered grant.
                    (D) Secretary.--The term ``Secretary'' 
                means the Secretary of Health and Human 
                Services.
            (2) Accountability measures.--Each covered grant 
        shall be subject to the following accountability 
        requirements:
                    (A) Effectiveness report.--The Secretary 
                shall require grantees to report on the 
                effectiveness of the activities carried out 
                with amounts made available to carry out the 
                program under which the covered grant is 
                awarded, including the number of persons served 
                by such grant, if applicable, the number of 
                persons seeking services who could not be 
                served by such grant, and such other 
                information as the Secretary may prescribe.
                    (B) Report on prevention of fraud, waste, 
                and abuse.--
                            (i) In general.--Not later than 1 
                        year after the date of the enactment of 
                        this Act, the Secretary, in 
                        coordination with the Inspector General 
                        of the Department of Health and Human 
                        Services, shall submit to the 
                        applicable committees a report on the 
                        policies and procedures the Department 
                        has in place to prevent waste, fraud, 
                        and abuse in the administration of 
                        covered grants.
                            (ii) Contents.--The policies and 
                        procedures referred to in clause (i) 
                        shall include policies and procedures 
                        that are designed to--
                                    (I) prevent grantees from 
                                utilizing funds awarded through 
                                a covered grant for 
                                unauthorized expenditures or 
                                otherwise unallowable costs; 
                                and
                                    (II) ensure grantees will 
                                not receive unwarranted 
                                duplicate grants for the same 
                                purpose.
                    (C) Conference expenditures.--
                            (i) In general.--No amounts made 
                        available to the Secretary under this 
                        Act (or in a provision of law amended 
                        by this Act, other than sections 703 
                        through 707) may be used by the 
                        Secretary, or by any individual or 
                        entity awarded discretionary funds 
                        through a cooperative agreement under a 
                        program established under this Act (or 
                        in a provision of law amended by this 
                        Act), to host or support any 
                        expenditure for conferences that uses 
                        more than $20,000 in funds made 
                        available by the Secretary, unless the 
                        head of the relevant operating division 
                        or program office provides prior 
                        written authorization that the funds 
                        may be expended to host or support the 
                        conference. Such written authorization 
                        shall include a written estimate of all 
                        costs associated with the conference, 
                        including the cost of all food, 
                        beverages, audio-visual equipment, 
                        honoraria for speakers, and 
                        entertainment.
                            (ii) Report.--The Secretary (or the 
                        Secretary's designee) shall submit to 
                        the applicable committees an annual 
                        report on all conference expenditures 
                        approved by the Secretary under this 
                        subparagraph.
    (d) Evaluation of Performance of Department of Health and 
Human Services Programs.--
            (1) Evaluations.--
                    (A) In general.--Not later than 5 years 
                after the date of enactment of this Act, except 
                as otherwise provided in this section, the 
                Secretary of Health and Human Services (in this 
                subsection referred to as the ``Secretary'') 
                shall complete an evaluation of any program 
                administered by the Secretary included in this 
                Act (or an amendment made by this Act, 
                excluding sections 703 through 707), including 
                any grant administered by the Administrator of 
                the Substance Abuse and Mental Health Services 
                Administration under section 103, that provides 
                grants for the primary purpose of providing 
                assistance in addressing problems pertaining to 
                opioid abuse based upon the outcomes and 
                metrics identified under paragraph (2).
                    (B) Publication.--With respect to each 
                evaluation completed under subparagraph (A), 
                the Secretary shall, not later than 90 days 
                after the date on which such evaluation is 
                completed, publish the results of such 
                evaluation and issue a report on such 
                evaluation to the appropriate committees. Such 
                report shall also be published along with the 
                data used to make such evaluation.
            (2) Metrics and outcomes.--
                    (A) In general.--Not later than 180 days 
                after the date of enactment of this Act, the 
                Secretary shall identify--
                            (i) outcomes that are to be 
                        achieved by activities funded by the 
                        programs described in paragraph (1)(A); 
                        and
                            (ii) the metrics by which the 
                        achievement of such outcomes shall be 
                        determined.
                    (B) Publication.--The Secretary shall, not 
                later than 30 days after completion of the 
                requirement under subparagraph (A), publish the 
                outcomes and metrics identified under such 
                subparagraph.
            (3) Metrics data collection.--The Secretary shall 
        require grantees under the programs described in 
        paragraph (1)(A) to collect, and annually report to the 
        Secretary, data based upon the metrics identified under 
        paragraph (2)(A).
            (4) Independent evaluation.--For purposes of 
        paragraph (1), the Secretary shall--
                    (A) enter into an arrangement with the 
                National Academy of Sciences; or
                    (B) enter into a contract or cooperative 
                agreement with an entity that--
                            (i) is not an agency of the Federal 
                        Government; and
                            (ii) is qualified to conduct and 
                        evaluate research pertaining to opioid 
                        use and abuse and draw conclusions 
                        about overall opioid use and abuse on 
                        the basis of that research.
            (5) Exception.--If a program described in paragraph 
        (1)(A) is subject to an evaluation similar to the 
        evaluation required under such paragraph pursuant to 
        another provision of Federal law, the Secretary may opt 
        not to conduct an evaluation under such paragraph with 
        respect to such program.
    (e) Additional Report.--In the case of a report submitted 
under subsection (c) to the applicable committees, if such 
report pertains to a grant under section 103, that report shall 
also be submitted, in the same manner and at the same time, to 
the Committee on Oversight and Government Reform of the House 
of Representatives and to the Committee on the Judiciary of the 
Senate.
    (f) No Additional Funds Authorized.--No additional funds 
are authorized to be appropriated to carry out this section.

SEC. 702. PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES.

    (a) In General.--Section 309 of the Controlled Substances 
Act (21 U.S.C. 829) is amended by adding at the end the 
following:
    ``(f) Partial Fills of Schedule II Controlled Substances.--
            ``(1) Partial fills.--A prescription for a 
        controlled substance in schedule II may be partially 
        filled if--
                    ``(A) it is not prohibited by State law;
                    ``(B) the prescription is written and 
                filled in accordance with this title, 
                regulations prescribed by the Attorney General, 
                and State law;
                    ``(C) the partial fill is requested by the 
                patient or the practitioner that wrote the 
                prescription; and
                    ``(D) the total quantity dispensed in all 
                partial fillings does not exceed the total 
                quantity prescribed.
            ``(2) Remaining portions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), remaining portions of a 
                partially filled prescription for a controlled 
                substance in schedule II--
                            ``(i) may be filled; and
                            ``(ii) shall be filled not later 
                        than 30 days after the date on which 
                        the prescription is written.
                    ``(B) Emergency situations.--In emergency 
                situations, as described in subsection (a), the 
                remaining portions of a partially filled 
                prescription for a controlled substance in 
                schedule II--
                            ``(i) may be filled; and
                            ``(ii) shall be filled not later 
                        than 72 hours after the prescription is 
                        issued.
            ``(3) Currently lawful partial fills.--
        Notwithstanding paragraph (1) or (2), in any 
        circumstance in which, as of the day before the date of 
        enactment of this subsection, a prescription for a 
        controlled substance in schedule II may be lawfully 
        partially filled, the Attorney General may allow such a 
        prescription to be partially filled.''.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of the Attorney General to 
allow a prescription for a controlled substance in schedule 
III, IV, or V of section 202(c) of the Controlled Substances 
Act (21 U.S.C. 812(c)) to be partially filled.

SEC. 703. GOOD SAMARITAN ASSESSMENT.

    (a) Finding.--The Congress finds that the executive branch, 
including the Office of National Drug Control Policy, has a 
policy focus on preventing and addressing prescription drug 
misuse and heroin use, and has worked with States and 
municipalities to enact Good Samaritan laws that would protect 
caregivers, law enforcement personnel, and first responders who 
administer opioid overdose reversal drugs or devices.
    (b) GAO Study on Good Samaritan Laws Pertaining to 
Treatment of Opioid Overdoses.--The Comptroller General of the 
United States shall submit to the Committee on the Judiciary of 
the House of Representatives, the Committee on Oversight and 
Government Reform of the House of Representatives, the 
Committee on the Judiciary of the Senate, and the Committee on 
Homeland Security and Governmental Affairs of the Senate a 
report on--
            (1) the extent to which the Director of National 
        Drug Control Policy has reviewed Good Samaritan laws, 
        and any findings from such a review, including findings 
        related to the potential effects of such laws, if 
        available;
            (2) efforts by the Director to encourage the 
        enactment of Good Samaritan laws; and
            (3) a compilation of Good Samaritan laws in effect 
        in the States, the territories, and the District of 
        Columbia.
    (c) Definitions.--In this section--
            (1) the term ``Good Samaritan law'' means a law of 
        a State or unit of local government that exempts from 
        criminal or civil liability any individual who 
        administers an opioid overdose reversal drug or device, 
        or who contacts emergency services providers in 
        response to an overdose; and
            (2) the term ``opioid'' means any drug, including 
        heroin, having an addiction-forming or addiction-
        sustaining liability similar to morphine or being 
        capable of conversion into a drug having such 
        addiction-forming or addiction-sustaining liability.

SEC. 704. PROGRAMS TO PREVENT PRESCRIPTION DRUG ABUSE UNDER MEDICARE 
                    PARTS C AND D.

    (a) Drug Management Program for At-Risk Beneficiaries.--
            (1) In general.--Section 1860D-4(c) of the Social 
        Security Act (42 U.S.C. 1395w-10(c)) is amended by 
        adding at the end the following:
            ``(5) Drug management program for at-risk 
        beneficiaries.--
                    ``(A) Authority to establish.--A PDP 
                sponsor may establish a drug management program 
                for at-risk beneficiaries under which, subject 
                to subparagraph (B), the PDP sponsor may, in 
                the case of an at-risk beneficiary for 
                prescription drug abuse who is an enrollee in a 
                prescription drug plan of such PDP sponsor, 
                limit such beneficiary's access to coverage for 
                frequently abused drugs under such plan to 
                frequently abused drugs that are prescribed for 
                such beneficiary by one or more prescribers 
                selected under subparagraph (D), and dispensed 
                for such beneficiary by one or more pharmacies 
                selected under such subparagraph.
                    ``(B) Requirement for notices.--
                            ``(i) In general.--A PDP sponsor 
                        may not limit the access of an at-risk 
                        beneficiary for prescription drug abuse 
                        to coverage for frequently abused drugs 
                        under a prescription drug plan until 
                        such sponsor--
                                    ``(I) provides to the 
                                beneficiary an initial notice 
                                described in clause (ii) and a 
                                second notice described in 
                                clause (iii); and
                                    ``(II) verifies with the 
                                providers of the beneficiary 
                                that the beneficiary is an at-
                                risk beneficiary for 
                                prescription drug abuse.
                            ``(ii) Initial notice.--An initial 
                        notice described in this clause is a 
                        notice that provides to the 
                        beneficiary--
                                    ``(I) notice that the PDP 
                                sponsor has identified the 
                                beneficiary as potentially 
                                being an at-risk beneficiary 
                                for prescription drug abuse;
                                    ``(II) information 
                                describing all State and 
                                Federal public health resources 
                                that are designed to address 
                                prescription drug abuse to 
                                which the beneficiary has 
                                access, including mental health 
                                services and other counseling 
                                services;
                                    ``(III) notice of, and 
                                information about, the right of 
                                the beneficiary to appeal such 
                                identification under subsection 
                                (h) and the option of an 
                                automatic escalation to 
                                external review;
                                    ``(IV) a request for the 
                                beneficiary to submit to the 
                                PDP sponsor preferences for 
                                which prescribers and 
                                pharmacies the beneficiary 
                                would prefer the PDP sponsor to 
                                select under subparagraph (D) 
                                in the case that the 
                                beneficiary is identified as an 
                                at-risk beneficiary for 
                                prescription drug abuse as 
                                described in clause (iii)(I);
                                    ``(V) an explanation of the 
                                meaning and consequences of the 
                                identification of the 
                                beneficiary as potentially 
                                being an at-risk beneficiary 
                                for prescription drug abuse, 
                                including an explanation of the 
                                drug management program 
                                established by the PDP sponsor 
                                pursuant to subparagraph (A);
                                    ``(VI) clear instructions 
                                that explain how the 
                                beneficiary can contact the PDP 
                                sponsor in order to submit to 
                                the PDP sponsor the preferences 
                                described in subclause (IV) and 
                                any other communications 
                                relating to the drug management 
                                program for at-risk 
                                beneficiaries established by 
                                the PDP sponsor; and
                                    ``(VII) contact information 
                                for other organizations that 
                                can provide the beneficiary 
                                with assistance regarding such 
                                drug management program 
                                (similar to the information 
                                provided by the Secretary in 
                                other standardized notices 
                                provided to part D eligible 
                                individuals enrolled in 
                                prescription drug plans under 
                                this part).
                            ``(iii) Second notice.--A second 
                        notice described in this clause is a 
                        notice that provides to the beneficiary 
                        notice--
                                    ``(I) that the PDP sponsor 
                                has identified the beneficiary 
                                as an at-risk beneficiary for 
                                prescription drug abuse;
                                    ``(II) that such 
                                beneficiary is subject to the 
                                requirements of the drug 
                                management program for at-risk 
                                beneficiaries established by 
                                such PDP sponsor for such plan;
                                    ``(III) of the prescriber 
                                (or prescribers) and pharmacy 
                                (or pharmacies) selected for 
                                such individual under 
                                subparagraph (D);
                                    ``(IV) of, and information 
                                about, the beneficiary's right 
                                to appeal such identification 
                                under subsection (h) and the 
                                option of an automatic 
                                escalation to external review;
                                    ``(V) that the beneficiary 
                                can, in the case that the 
                                beneficiary has not previously 
                                submitted to the PDP sponsor 
                                preferences for which 
                                prescribers and pharmacies the 
                                beneficiary would prefer the 
                                PDP sponsor select under 
                                subparagraph (D), submit such 
                                preferences to the PDP sponsor; 
                                and
                                    ``(VI) that includes clear 
                                instructions that explain how 
                                the beneficiary can contact the 
                                PDP sponsor.
                            ``(iv) Timing of notices.--
                                    ``(I) In general.--Subject 
                                to subclause (II), a second 
                                notice described in clause 
                                (iii) shall be provided to the 
                                beneficiary on a date that is 
                                not less than 30 days after an 
                                initial notice described in 
                                clause (ii) is provided to the 
                                beneficiary.
                                    ``(II) Exception.--In the 
                                case that the PDP sponsor, in 
                                conjunction with the Secretary, 
                                determines that concerns 
                                identified through rulemaking 
                                by the Secretary regarding the 
                                health or safety of the 
                                beneficiary or regarding 
                                significant drug diversion 
                                activities require the PDP 
                                sponsor to provide a second 
                                notice described in clause 
                                (iii) to the beneficiary on a 
                                date that is earlier than the 
                                date described in subclause 
                                (I), the PDP sponsor may 
                                provide such second notice on 
                                such earlier date.
                    ``(C) At-risk beneficiary for prescription 
                drug abuse.--
                            ``(i) In general.--For purposes of 
                        this paragraph, the term `at-risk 
                        beneficiary for prescription drug 
                        abuse' means a part D eligible 
                        individual who is not an exempted 
                        individual described in clause (ii) 
                        and--
                                    ``(I) who is identified as 
                                such an at-risk beneficiary 
                                through the use of clinical 
                                guidelines that indicate misuse 
                                or abuse of prescription drugs 
                                described in subparagraph (G) 
                                and that are developed by the 
                                Secretary in consultation with 
                                PDP sponsors and other 
                                stakeholders, including 
                                individuals entitled to 
                                benefits under part A or 
                                enrolled under part B, advocacy 
                                groups representing such 
                                individuals, physicians, 
                                pharmacists, and other 
                                clinicians, retail pharmacies, 
                                plan sponsors, entities 
                                delegated by plan sponsors, and 
                                biopharmaceutical 
                                manufacturers; or
                                    ``(II) with respect to whom 
                                the PDP sponsor of a 
                                prescription drug plan, upon 
                                enrolling such individual in 
                                such plan, received notice from 
                                the Secretary that such 
                                individual was identified under 
                                this paragraph to be an at-risk 
                                beneficiary for prescription 
                                drug abuse under the 
                                prescription drug plan in which 
                                such individual was most 
                                recently previously enrolled 
                                and such identification has not 
                                been terminated under 
                                subparagraph (F).
                            ``(ii) Exempted individual 
                        described.--An exempted individual 
                        described in this clause is an 
                        individual who--
                                    ``(I) receives hospice care 
                                under this title;
                                    ``(II) is a resident of a 
                                long-term care facility, of a 
                                facility described in section 
                                1905(d), or of another facility 
                                for which frequently abused 
                                drugs are dispensed for 
                                residents through a contract 
                                with a single pharmacy; or
                                    ``(III) the Secretary 
                                elects to treat as an exempted 
                                individual for purposes of 
                                clause (i).
                            ``(iii) Program size.--The 
                        Secretary shall establish policies, 
                        including the guidelines developed 
                        under clause (i)(I) and the exemptions 
                        under clause (ii)(III), to ensure that 
                        the population of enrollees in a drug 
                        management program for at-risk 
                        beneficiaries operated by a 
                        prescription drug plan can be 
                        effectively managed by such plans.
                            ``(iv) Clinical contact.--With 
                        respect to each at-risk beneficiary for 
                        prescription drug abuse enrolled in a 
                        prescription drug plan offered by a PDP 
                        sponsor, the PDP sponsor shall contact 
                        the beneficiary's providers who have 
                        prescribed frequently abused drugs 
                        regarding whether prescribed 
                        medications are appropriate for such 
                        beneficiary's medical conditions.
                    ``(D) Selection of prescribers and 
                pharmacies.--
                            ``(i) In general.--With respect to 
                        each at-risk beneficiary for 
                        prescription drug abuse enrolled in a 
                        prescription drug plan offered by such 
                        sponsor, a PDP sponsor shall, based on 
                        the preferences submitted to the PDP 
                        sponsor by the beneficiary pursuant to 
                        clauses (ii)(IV) and (iii)(V) of 
                        subparagraph (B) (except as otherwise 
                        provided in this subparagraph) select--
                                    ``(I) one, or, if the PDP 
                                sponsor reasonably determines 
                                it necessary to provide the 
                                beneficiary with reasonable 
                                access under clause (ii), more 
                                than one, individual who is 
                                authorized to prescribe 
                                frequently abused drugs 
                                (referred to in this paragraph 
                                as a `prescriber') who may 
                                write prescriptions for such 
                                drugs for such beneficiary; and
                                    ``(II) one, or, if the PDP 
                                sponsor reasonably determines 
                                it necessary to provide the 
                                beneficiary with reasonable 
                                access under clause (ii), more 
                                than one, pharmacy that may 
                                dispense such drugs to such 
                                beneficiary.

                        For purposes of subclause (II), in the 
                        case of a pharmacy that has multiple 
                        locations that share real-time 
                        electronic data, all such locations of 
                        the pharmacy shall collectively be 
                        treated as one pharmacy.
                            ``(ii) Reasonable access.--In 
                        making the selections under this 
                        subparagraph--
                                    ``(I) a PDP sponsor shall 
                                ensure that the beneficiary 
                                continues to have reasonable 
                                access to frequently abused 
                                drugs (as defined in 
                                subparagraph (G)), taking into 
                                account geographic location, 
                                beneficiary preference, impact 
                                on costsharing, and reasonable 
                                travel time; and
                                    ``(II) a PDP sponsor shall 
                                ensure such access (including 
                                access to prescribers and 
                                pharmacies with respect to 
                                frequently abused drugs) in the 
                                case of individuals with 
                                multiple residences, in the 
                                case of natural disasters and 
                                similar situations, and in the 
                                case of the provision of 
                                emergency services.
                            ``(iii) Beneficiary preferences.--
                        If an at-risk beneficiary for 
                        prescription drug abuse submits 
                        preferences for which in-network 
                        prescribers and pharmacies the 
                        beneficiary would prefer the PDP 
                        sponsor select in response to a notice 
                        under subparagraph (B), the PDP sponsor 
                        shall--
                                    ``(I) review such 
                                preferences;
                                    ``(II) select or change the 
                                selection of prescribers and 
                                pharmacies for the beneficiary 
                                based on such preferences; and
                                    ``(III) inform the 
                                beneficiary of such selection 
                                or change of selection.
                            ``(iv) Exception regarding 
                        beneficiary preferences.--In the case 
                        that the PDP sponsor determines that a 
                        change to the selection of prescriber 
                        or pharmacy under clause (iii)(II) by 
                        the PDP sponsor is contributing or 
                        would contribute to prescription drug 
                        abuse or drug diversion by the 
                        beneficiary, the PDP sponsor may change 
                        the selection of prescriber or pharmacy 
                        for the beneficiary without regard to 
                        the preferences of the beneficiary 
                        described in clause (iii). If the PDP 
                        sponsor changes the selection pursuant 
                        to the preceding sentence, the PDP 
                        sponsor shall provide the beneficiary 
                        with--
                                    ``(I) at least 30 days 
                                written notice of the change of 
                                selection; and
                                    ``(II) a rationale for the 
                                change.
                            ``(v) Confirmation.--Before 
                        selecting a prescriber or pharmacy 
                        under this subparagraph, a PDP sponsor 
                        must notify the prescriber and pharmacy 
                        that the beneficiary involved has been 
                        identified for inclusion in the drug 
                        management program for at-risk 
                        beneficiaries and that the prescriber 
                        and pharmacy has been selected as the 
                        beneficiary's designated prescriber and 
                        pharmacy.
                    ``(E) Terminations and appeals.--The 
                identification of an individual as an at-risk 
                beneficiary for prescription drug abuse under 
                this paragraph, a coverage determination made 
                under a drug management program for at-risk 
                beneficiaries, the selection of prescriber or 
                pharmacy under subparagraph (D), and 
                information to be shared under subparagraph 
                (I), with respect to such individual, shall be 
                subject to reconsideration and appeal under 
                subsection (h) and the option of an automatic 
                escalation to external review to the extent 
                provided by the Secretary.
                    ``(F) Termination of identification.--
                            ``(i) In general.--The Secretary 
                        shall develop standards for the 
                        termination of identification of an 
                        individual as an at-risk beneficiary 
                        for prescription drug abuse under this 
                        paragraph. Under such standards such 
                        identification shall terminate as of 
                        the earlier of--
                                    ``(I) the date the 
                                individual demonstrates that 
                                the individual is no longer 
                                likely, in the absence of the 
                                restrictions under this 
                                paragraph, to be an at-risk 
                                beneficiary for prescription 
                                drug abuse described in 
                                subparagraph (C)(i); and
                                    ``(II) the end of such 
                                maximum period of 
                                identification as the Secretary 
                                may specify.
                            ``(ii) Rule of construction.--
                        Nothing in clause (i) shall be 
                        construed as preventing a plan from 
                        identifying an individual as an at-risk 
                        beneficiary for prescription drug abuse 
                        under subparagraph (C)(i) after such 
                        termination on the basis of additional 
                        information on drug use occurring after 
                        the date of notice of such termination.
                    ``(G) Frequently abused drug.--For purposes 
                of this subsection, the term `frequently abused 
                drug' means a drug that is a controlled 
                substance that the Secretary determines to be 
                frequently abused or diverted.
                    ``(H) Data disclosure.--
                            ``(i) Data on decision to impose 
                        limitation.--In the case of an at-risk 
                        beneficiary for prescription drug abuse 
                        (or an individual who is a potentially 
                        at-risk beneficiary for prescription 
                        drug abuse) whose access to coverage 
                        for frequently abused drugs under a 
                        prescription drug plan has been limited 
                        by a PDP sponsor under this paragraph, 
                        the Secretary shall establish rules and 
                        procedures to require the PDP sponsor 
                        to disclose data, including any 
                        necessary individually identifiable 
                        health information, in a form and 
                        manner specified by the Secretary, 
                        about the decision to impose such 
                        limitations and the limitations imposed 
                        by the sponsor under this part.
                            ``(ii) Data to reduce fraud, abuse, 
                        and waste.--The Secretary shall 
                        establish rules and procedures to 
                        require PDP sponsors operating a drug 
                        management program for at-risk 
                        beneficiaries under this paragraph to 
                        provide the Secretary with such data as 
                        the Secretary determines appropriate 
                        for purposes of identifying patterns of 
                        prescription drug utilization for plan 
                        enrollees that are outside normal 
                        patterns and that may indicate 
                        fraudulent, medically unnecessary, or 
                        unsafe use.
                    ``(I) Sharing of information for subsequent 
                plan enrollments.--The Secretary shall 
                establish procedures under which PDP sponsors 
                who offer prescription drug plans shall share 
                information with respect to individuals who are 
                at-risk beneficiaries for prescription drug 
                abuse (or individuals who are potentially at-
                risk beneficiaries for prescription drug abuse) 
                and enrolled in a prescription drug plan and 
                who subsequently disenroll from such plan and 
                enroll in another prescription drug plan 
                offered by another PDP sponsor.
                    ``(J) Privacy issues.--Prior to the 
                implementation of the rules and procedures 
                under this paragraph, the Secretary shall 
                clarify privacy requirements, including 
                requirements under the regulations promulgated 
                pursuant to section 264(c) of the Health 
                Insurance Portability and Accountability Act of 
                1996 (42 U.S.C. 1320d-2 note), related to the 
                sharing of data under subparagraphs (H) and (I) 
                by PDP sponsors. Such clarification shall 
                provide that the sharing of such data shall be 
                considered to be protected health information 
                in accordance with the requirements of the 
                regulations promulgated pursuant to such 
                section 264(c).
                    ``(K) Education.--The Secretary shall 
                provide education to enrollees in prescription 
                drug plans of PDP sponsors and providers 
                regarding the drug management program for at-
                risk beneficiaries described in this paragraph, 
                including education--
                            ``(i) provided by Medicare 
                        administrative contractors through the 
                        improper payment outreach and education 
                        program described in section 1874A(h); 
                        and
                            ``(ii) through current education 
                        efforts (such as State health insurance 
                        assistance programs described in 
                        subsection (a)(1)(A) of section 119 of 
                        the Medicare Improvements for Patients 
                        and Providers Act of 2008 (42 U.S.C. 
                        1395b-3 note)) and materials directed 
                        toward such enrollees.
                    ``(L) Application under ma-pd plans.--
                Pursuant to section 1860D-21(c)(1), the 
                provisions of this paragraph apply under part D 
                to MA organizations offering MA-PD plans to MA 
                eligible individuals in the same manner as such 
                provisions apply under this part to a PDP 
                sponsor offering a prescription drug plan to a 
                part D eligible individual.
                    ``(M) CMS compliance review.--The Secretary 
                shall ensure that existing plan sponsor 
                compliance reviews and audit processes include 
                the drug management programs for at-risk 
                beneficiaries under this paragraph, including 
                appeals processes under such programs.''.
            (2) Information for consumers.--Section 1860D-
        4(a)(1)(B) of the Social Security Act (42 U.S.C. 1395w-
        104(a)(1)(B)) is amended by adding at the end the 
        following:
                            ``(v) The drug management program 
                        for at-risk beneficiaries under 
                        subsection (c)(5).''.
            (3) Dual eligibles.--Section 1860D-1(b)(3)(D) of 
        the Social Security Act (42 U.S.C. 1395w-101(b)(3)(D)) 
        is amended by inserting ``, subject to such limits as 
        the Secretary may establish for individuals identified 
        pursuant to section 1860D-4(c)(5)'' after ``the 
        Secretary''.
    (b) Utilization Management Programs.--Section 1860D-4(c) of 
the Social Security Act (42 U.S.C. 1395w-104(c)), as amended by 
subsection (a)(1), is further amended--
            (1) in paragraph (1), by inserting after 
        subparagraph (D) the following new subparagraph:
                    ``(E) A utilization management tool to 
                prevent drug abuse (as described in paragraph 
                (6)(A)).''; and
            (2) by adding at the end the following new 
        paragraph:
            ``(6) Utilization management tool to prevent drug 
        abuse.--
                    ``(A) In general.--A tool described in this 
                paragraph is any of the following:
                            ``(i) A utilization tool designed 
                        to prevent the abuse of frequently 
                        abused drugs by individuals and to 
                        prevent the diversion of such drugs at 
                        pharmacies.
                            ``(ii) Retrospective utilization 
                        review to identify--
                                    ``(I) individuals that 
                                receive frequently abused drugs 
                                at a frequency or in amounts 
                                that are not clinically 
                                appropriate; and
                                    ``(II) providers of 
                                services or suppliers that may 
                                facilitate the abuse or 
                                diversion of frequently abused 
                                drugs by beneficiaries.
                            ``(iii) Consultation with the 
                        contractor described in subparagraph 
                        (B) to verify if an individual 
                        enrolling in a prescription drug plan 
                        offered by a PDP sponsor has been 
                        previously identified by another PDP 
                        sponsor as an individual described in 
                        clause (ii)(I).
                    ``(B) Reporting.--A PDP sponsor offering a 
                prescription drug plan (and an MA organization 
                offering an MA-PD plan) in a State shall submit 
                to the Secretary and the Medicare drug 
                integrity contractor with which the Secretary 
                has entered into a contract under section 1893 
                with respect to such State a report, on a 
                monthly basis, containing information on--
                            ``(i) any provider of services or 
                        supplier described in subparagraph 
                        (A)(ii)(II) that is identified by such 
                        plan sponsor (or organization) during 
                        the 30-day period before such report is 
                        submitted; and
                            ``(ii) the name and prescription 
                        records of individuals described in 
                        paragraph (5)(C).
                    ``(C) CMS compliance review.--The Secretary 
                shall ensure that plan sponsor compliance 
                reviews and program audits biennially include a 
                certification that utilization management tools 
                under this paragraph are in compliance with the 
                requirements for such tools.''.
    (c) Expanding Activities of Medicare Drug Integrity 
Contractors (MEDICs).--
            (1) In general.--Section 1893 of the Social 
        Security Act (42 U.S.C. 1395ddd) is amended by adding 
        at the end the following new subsection:
    ``(j) Expanding Activities of Medicare Drug Integrity 
Contractors (MEDICs).--
            ``(1) Access to information.--Under contracts 
        entered into under this section with Medicare drug 
        integrity contractors (including any successor entity 
        to a Medicare drug integrity contractor), the Secretary 
        shall authorize such contractors to directly accept 
        prescription and necessary medical records from 
        entities such as pharmacies, prescription drug plans, 
        MA-PD plans, and physicians with respect to an 
        individual in order for such contractors to provide 
        information relevant to the determination of whether 
        such individual is an at-risk beneficiary for 
        prescription drug abuse, as defined in section 1860D-
        4(c)(5)(C).
            ``(2) Requirement for acknowledgment of 
        referrals.--If a PDP sponsor or MA organization refers 
        information to a contractor described in paragraph (1) 
        in order for such contractor to assist in the 
        determination described in such paragraph, the 
        contractor shall--
                    ``(A) acknowledge to the sponsor or 
                organization receipt of the referral; and
                    ``(B) in the case that any PDP sponsor or 
                MA organization contacts the contractor 
                requesting to know the determination by the 
                contractor of whether or not an individual has 
                been determined to be an individual described 
                in such paragraph, shall inform such sponsor or 
                organization of such determination on a date 
                that is not later than 15 days after the date 
                on which the sponsor or organization contacts 
                the contractor.
            ``(3) Making data available to other entities.--
                    ``(A) In general.--For purposes of carrying 
                out this subsection, subject to subparagraph 
                (B), the Secretary shall authorize MEDICs to 
                respond to requests for information from PDP 
                sponsors and MA organizations, State 
                prescription drug monitoring programs, and 
                other entities delegated by such sponsors or 
                organizations using available programs and 
                systems in the effort to prevent fraud, waste, 
                and abuse.
                    ``(B) HIPAA compliant information only.--
                Information may only be disclosed by a MEDIC 
                under subparagraph (A) if the disclosure of 
                such information is permitted under the Federal 
                regulations (concerning the privacy of 
                individually identifiable health information) 
                promulgated under section 264(c) of the Health 
                Insurance Portability and Accountability Act of 
                1996 (42 U.S.C. 1320d-2 note).''.
            (2) OIG study and report on effectiveness of 
        medics.--
                    (A) Study.--The Inspector General of the 
                Department of Health and Human Services shall 
                conduct a study on the effectiveness of 
                Medicare drug integrity contractors with which 
                the Secretary of Health and Human Services has 
                entered into a contract under section 1893 of 
                the Social Security Act (42 U.S.C. 1395ddd) in 
                identifying, combating, and preventing fraud 
                under the Medicare program, including under the 
                authority provided under section 1893(j) of the 
                Social Security Act, added by paragraph (1).
                    (B) Report.--Not later than 24 months after 
                the date of the enactment of this Act, the 
                Inspector General shall submit to Congress a 
                report on the study conducted under 
                subparagraph (A). Such report shall include 
                such recommendations for improvements in the 
                effectiveness of such contractors as the 
                Inspector General determines appropriate.
    (d) Treatment of Certain Complaints for Purposes of Quality 
or Performance Assessment.--Section 1860D-42 of the Social 
Security Act (42 U.S.C. 1395w-152) is amended by adding at the 
end the following new subsection:
    ``(d) Treatment of Certain Complaints for Purposes of 
Quality or Performance Assessment.--In conducting a quality or 
performance assessment of a PDP sponsor, the Secretary shall 
develop or utilize existing screening methods for reviewing and 
considering complaints that are received from enrollees in a 
prescription drug plan offered by such PDP sponsor and that are 
complaints regarding the lack of access by the individual to 
prescription drugs due to a drug management program for at-risk 
beneficiaries.''.
    (e) Sense of Congress Regarding Use of Technology Tools To 
Combat Fraud.--It is the sense of Congress that MA 
organizations and PDP sponsors should consider using e-
prescribing and other health information technology tools to 
support combating fraud under MA-PD plans and prescription drug 
plans under parts C and D of the Medicare program.
    (f) Reports.--
            (1) Report by secretary on appeals process.--
                    (A) In general.--Not later than 12 months 
                after the date of the enactment of this Act, 
                the Secretary of Health and Human Services 
                shall submit to the appropriate committees of 
                jurisdiction of Congress a report on ways to 
                improve upon the appeals process for Medicare 
                beneficiaries with respect to prescription drug 
                coverage under part D of title XVIII of the 
                Social Security Act. Such report shall include 
                an analysis comparing appeals processes under 
                parts C and D of such title XVIII.
                    (B) Feedback.--In development of the report 
                described in subparagraph (A), the Secretary of 
                Health and Human Services shall solicit 
                feedback on the current appeals process from 
                stakeholders, such as beneficiaries, consumer 
                advocates, plan sponsors, pharmacy benefit 
                managers, pharmacists, providers, independent 
                review entity evaluators, and pharmaceutical 
                manufacturers.
            (2) GAO study and report.--
                    (A) Study.--The Comptroller General of the 
                United States shall conduct a study on the 
                implementation of the amendments made by this 
                section, including the effectiveness of the at-
                risk beneficiaries for prescription drug abuse 
                drug management programs authorized by section 
                1860D-4(c)(5) of the Social Security Act (42 
                U.S.C. 1395w-10(c)(5)), as added by subsection 
                (a)(1). Such study shall include an analysis 
                of--
                            (i) the impediments, if any, that 
                        impair the ability of individuals 
                        described in subparagraph (C) of such 
                        section 1860D-4(c)(5) to access 
                        clinically appropriate levels of 
                        prescription drugs;
                            (ii) the effectiveness of the 
                        reasonable access protections under 
                        subparagraph (D)(ii) of such section 
                        1860D-4(c)(5), including the impact on 
                        beneficiary access and health;
                            (iii) the types of--
                                    (I) individuals who, in the 
                                implementation of such section, 
                                are determined to be 
                                individuals described in such 
                                subparagraph (C); and
                                    (II) prescribers and 
                                pharmacies that are selected 
                                under subparagraph (D) of such 
                                section; and
                            (iv) other areas determined 
                        appropriate by the Comptroller General.
                    (B) Report.--Not later than July 1, 2019, 
                the Comptroller General of the United States 
                shall submit to the appropriate committees of 
                jurisdiction of Congress a report on the study 
                conducted under subparagraph (A), together with 
                recommendations for such legislation and 
                administrative action as the Comptroller 
                General determines to be appropriate.
    (g) Effective Date; Rulemaking.--
            (1) In general.--The amendments made by this 
        section shall apply to prescription drug plans (and MA-
        PD plans) for plan years beginning on or after January 
        1, 2019.
            (2) Stakeholder meetings prior to effective date.--
                    (A) In general.--Not later than January 1, 
                2017, the Secretary of Health and Human 
                Services shall convene stakeholders, including 
                individuals entitled to benefits under part A 
                of title XVIII of the Social Security Act or 
                enrolled under part B of such title, advocacy 
                groups representing such individuals, 
                physicians, pharmacists, and other clinicians, 
                retail pharmacies, plan sponsors, entities 
                delegated by plan sponsors, and 
                biopharmaceutical manufacturers for input 
                regarding the topics described in subparagraph 
                (B). The input described in the preceding 
                sentence shall be provided to the Secretary in 
                sufficient time in order for the Secretary to 
                take such input into account in promulgating 
                the regulations pursuant to paragraph (3).
                    (B) Topics described.--The topics described 
                in this subparagraph are the topics of--
                            (i) the anticipated impact of drug 
                        management programs for at-risk 
                        beneficiaries under paragraph (5) of 
                        section 1860D-4(c) of the Social 
                        Security Act (42 U.S.C. 1395w-104(c)) 
                        on cost-sharing and ensuring 
                        accessibility to prescription drugs for 
                        enrollees in prescription drug plans of 
                        PDP sponsors, and enrollees in MA-PD 
                        plans, who are at-risk beneficiaries 
                        for prescription drug abuse (as defined 
                        in subparagraph (C) of such paragraph);
                            (ii) the use of an expedited 
                        appeals process under which such an 
                        enrollee may appeal an identification 
                        of such enrollee as an at-risk 
                        beneficiary for prescription drug abuse 
                        under such paragraph (similar to the 
                        processes established under the 
                        Medicare Advantage program under part C 
                        of title XVIII of the Social Security 
                        Act that allow an automatic escalation 
                        to external review of claims submitted 
                        under such part);
                            (iii) the types of enrollees that 
                        should be treated as exempted 
                        individuals, as described in 
                        subparagraph (C)(ii) of such paragraph;
                            (iv) the manner in which terms and 
                        definitions in such paragraph should be 
                        applied, such as the use of clinical 
                        appropriateness in determining whether 
                        an enrollee is an at-risk beneficiary 
                        for prescription drug abuse as defined 
                        in subparagraph (C) of such paragraph;
                            (v) the information to be included 
                        in the notices described in 
                        subparagraph (B) of such paragraph and 
                        the standardization of such notices;
                            (vi) with respect to a PDP sponsor 
                        (or Medicare Advantage organization) 
                        that establishes a drug management 
                        program for at-risk beneficiaries under 
                        such paragraph, the responsibilities of 
                        such PDP sponsor (or organization) with 
                        respect to the implementation of such 
                        program;
                            (vii) notices for plan enrollees at 
                        the point of sale that would explain 
                        why an at-risk beneficiary has been 
                        prohibited from receiving a 
                        prescription at a location outside of 
                        the designated pharmacy;
                            (viii) evidence-based prescribing 
                        guidelines for opiates; and
                            (ix) the sharing of claims data 
                        under parts A and B of title XVIII of 
                        the Social Security Act with PDP 
                        sponsors.
            (3) Rulemaking.--Not later than one year after the 
        date of the enactment of this Act, the Secretary of 
        Health and Human Services shall, taking into account 
        the input gathered pursuant to paragraph (2)(A) and 
        after providing notice and an opportunity to comment, 
        promulgate regulations to carry out the provisions of, 
        and amendments made by this section.
    (h) Deposit of Savings Into Medicare Improvement Fund.--
Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
1395iii(b)(1)) is amended by striking ``during and after fiscal 
year 2020, $0'' and inserting ``during and after fiscal year 
2021, $140,000,000''.

SEC. 705. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION DRUGS 
                    FROM THE MEDICAID ADDITIONAL REBATE REQUIREMENT FOR 
                    NEW FORMULATIONS OF PRESCRIPTION DRUGS.

    (a) In General.--The last sentence of section 1927(c)(2)(C) 
of the Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is 
amended by inserting before the period at the end the 
following: ``, but does not include an abuse-deterrent 
formulation of the drug (as determined by the Secretary), 
regardless of whether such abuse-deterrent formulation is an 
extended release formulation''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall apply to drugs that are paid for by a State in calendar 
quarters beginning on or after the date of the enactment of 
this Act.

SEC. 706. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER 
                    ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT 
                    WASTE, FRAUD, AND ABUSE.

    (a) In General.--Title XI of the Social Security Act is 
amended by inserting after section 1128J (42 U.S.C. 1320a-7k) 
the following new section:

``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS 
                    TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, 
                    AND ABUSE.

    ``(a) Reference to Predictive Modeling Technologies 
Requirements.--For provisions relating to the use of predictive 
modeling and other analytics technologies to identify and 
prevent waste, fraud, and abuse with respect to the Medicare 
program under title XVIII, the Medicaid program under title 
XIX, and the Children's Health Insurance Program under title 
XXI, see section 4241 of the Small Business Jobs Act of 2010 
(42 U.S.C. 1320a-7m).
    ``(b) Limiting Disclosure of Predictive Modeling 
Technologies.--In implementing such provisions under such 
section 4241 with respect to covered algorithms (as defined in 
subsection (c)), the following shall apply:
            ``(1) Nonapplication of foia.--The covered 
        algorithms used or developed for purposes of such 
        section 4241 (including by the Secretary or a State (or 
        an entity operating under a contract with a State)) 
        shall be exempt from disclosure under section 552(b)(3) 
        of title 5, United States Code.
            ``(2) Limitation with respect to use and disclosure 
        of information by state agencies.--
                    ``(A) In general.--A State agency may not 
                use or disclose covered algorithms used or 
                developed for purposes of such section 4241 
                except for purposes of administering the State 
                plan (or a waiver of the plan) under the 
                Medicaid program under title XIX or the State 
                child health plan (or a waiver of the plan) 
                under the Children's Health Insurance Program 
                under title XXI, including by enabling an 
                entity operating under a contract with a State 
                to assist the State to identify or prevent 
                waste, fraud, and abuse with respect to such 
                programs.
                    ``(B) Information security.--A State agency 
                shall have in effect data security and control 
                policies that the Secretary finds adequate to 
                ensure the security of covered algorithms used 
                or developed for purposes of such section 4241 
                and to ensure that access to such information 
                is restricted to authorized persons for 
                purposes of authorized uses and disclosures 
                described in subparagraph (A).
                    ``(C) Procedural requirements.--State 
                agencies to which information is disclosed 
                pursuant to such section 4241 shall adhere to 
                uniform procedures established by the 
                Secretary.
    ``(c) Covered Algorithm Defined.--In this section, the term 
`covered algorithm'--
            ``(1) means a predictive modeling or other 
        analytics technology, as used for purposes of section 
        4241(a) of the Small Business Jobs Act of 2010 (42 
        U.S.C. 1320a-7m(a)) to identify and prevent waste, 
        fraud, and abuse with respect to the Medicare program 
        under title XVIII, the Medicaid program under title 
        XIX, and the Children's Health Insurance Program under 
        title XXI; and
            ``(2) includes the mathematical expressions 
        utilized in the application of such technology and the 
        means by which such technology is developed.''.
    (b) Conforming Amendments.--
            (1) Medicaid state plan requirement.--Section 
        1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) 
        is amended--
                    (A) in paragraph (80), by striking ``and'' 
                at the end;
                    (B) in paragraph (81), by striking the 
                period at the end and inserting ``; and''; and
                    (C) by inserting after paragraph (81) the 
                following new paragraph:
            ``(82) provide that the State agency responsible 
        for administering the State plan under this title 
        provides assurances to the Secretary that the State 
        agency is in compliance with subparagraphs (A), (B), 
        and (C) of section 1128K(b)(2).''.
            (2) State child health plan requirement.--Section 
        2102(a)(7) of the Social Security Act (42 U.S.C. 
        1397bb(a)(7)) is amended--
                    (A) in subparagraph (A), by striking ``, 
                and'' at the end and inserting a semicolon;
                    (B) in subparagraph (B), by striking the 
                period at the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) to ensure that the State agency 
                involved is in compliance with subparagraphs 
                (A), (B), and (C) of section 1128K(b)(2).''.

SEC. 707. MEDICAID IMPROVEMENT FUND.

    Section 1941(b)(1) of the Social Security Act (42 U.S.C. 
1396w-1(b)(1)) is amended to read as follows:
            ``(1) In general.--There shall be available to the 
        Fund, for expenditures from the Fund for fiscal year 
        2021 and thereafter, $5,000,000.''.

SEC. 708. SENSE OF THE CONGRESS REGARDING TREATMENT OF SUBSTANCE ABUSE 
                    EPIDEMICS.

    It is the sense of the Congress that decades of experience 
and research have demonstrated that a fiscally responsible 
approach to addressing the opioid abuse epidemic and other 
substance abuse epidemics requires treating such epidemics as a 
public health emergency emphasizing prevention, treatment, and 
recovery.

              TITLE VIII--KINGPIN DESIGNATION IMPROVEMENT

SEC. 801. PROTECTION OF CLASSIFIED INFORMATION IN FEDERAL COURT 
                    CHALLENGES RELATING TO DESIGNATIONS UNDER THE 
                    NARCOTICS KINGPIN DESIGNATION ACT.

    Section 804 of the Foreign Narcotics Kingpin Designation 
Act (21 U.S.C. 1903) is amended by adding at the end the 
following:
    ``(i) Protection of Classified Information in Federal Court 
Challenges Relating to Designations.--In any judicial review of 
a determination made under this section, if the determination 
was based on classified information (as defined in section 1(a) 
of the Classified Information Procedures Act) such information 
may be submitted to the reviewing court ex parte and in camera. 
This subsection does not confer or imply any right to judicial 
review.''.

                TITLE IX--DEPARTMENT OF VETERANS AFFAIRS

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Jason Simcakoski Memorial 
and Promise Act''.

SEC. 902. DEFINITIONS.

    In this title:
            (1) The term ``controlled substance'' has the 
        meaning given that term in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802).
            (2) The term ``State'' means each of the several 
        States, territories, and possessions of the United 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
            (3) The term ``complementary and integrative 
        health'' has the meaning given that term, or any 
        successor term, by the National Institutes of Health.
            (4) The term ``opioid receptor antagonist'' means a 
        drug or device approved or cleared under the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) 
        for emergency treatment of known or suspected opioid 
        overdose.

             Subtitle A--Opioid Therapy and Pain Management

SEC. 911. IMPROVEMENT OF OPIOID SAFETY MEASURES BY DEPARTMENT OF 
                    VETERANS AFFAIRS.

    (a) Expansion of Opioid Safety Initiative.--
            (1) Inclusion of all medical facilities.--Not later 
        than 180 days after the date of the enactment of this 
        Act, the Secretary of Veterans Affairs shall expand the 
        Opioid Safety Initiative of the Department of Veterans 
        Affairs to include all medical facilities of the 
        Department.
            (2) Guidance.--The Secretary shall establish 
        guidance that each health care provider of the 
        Department of Veterans Affairs, before initiating 
        opioid therapy to treat a patient as part of the 
        comprehensive assessment conducted by the health care 
        provider, use the Opioid Therapy Risk Report tool of 
        the Department of Veterans Affairs (or any subsequent 
        tool), which shall include information from the 
        prescription drug monitoring program of each 
        participating State as applicable, that includes the 
        most recent information to date relating to the patient 
        that accessed such program to assess the risk for 
        adverse outcomes of opioid therapy for the patient, 
        including the concurrent use of controlled substances 
        such as benzodiazepines, as part of the comprehensive 
        assessment conducted by the health care provider.
            (3) Enhanced standards.--The Secretary shall 
        establish enhanced standards with respect to the use of 
        routine and random urine drug tests for all patients 
        before and during opioid therapy to help prevent 
        substance abuse, dependence, and diversion, including--
                    (A) that such tests occur not less 
                frequently than once each year or as otherwise 
                determined according to treatment protocols; 
                and
                    (B) that health care providers 
                appropriately order, interpret and respond to 
                the results from such tests to tailor pain 
                therapy, safeguards, and risk management 
                strategies to each patient.
    (b) Pain Management Education and Training.--
            (1) In general.--In carrying out the Opioid Safety 
        Initiative of the Department, the Secretary shall 
        require all employees of the Department responsible for 
        prescribing opioids to receive education and training 
        described in paragraph (2).
            (2) Education and training.--Education and training 
        described in this paragraph is education and training 
        on pain management and safe opioid prescribing 
        practices for purposes of safely and effectively 
        managing patients with chronic pain, including 
        education and training on the following:
                    (A) The implementation of and full 
                compliance with the VA/DOD Clinical Practice 
                Guideline for Management of Opioid Therapy for 
                Chronic Pain, including any update to such 
                guideline.
                    (B) The use of evidence-based pain 
                management therapies and complementary and 
                integrative health services, including 
                cognitive-behavioral therapy, non-opioid 
                alternatives, and non-drug methods and 
                procedures to managing pain and related health 
                conditions including, to the extent 
                practicable, medical devices approved or 
                cleared by the Food and Drug Administration for 
                the treatment of patients with chronic pain and 
                related health conditions.
                    (C) Screening and identification of 
                patients with substance use disorder, including 
                drug-seeking behavior, before prescribing 
                opioids, assessment of risk potential for 
                patients developing an addiction, and referral 
                of patients to appropriate addiction treatment 
                professionals if addiction is identified or 
                strongly suspected.
                    (D) Communication with patients on the 
                potential harm associated with the use of 
                opioids and other controlled substances, 
                including the need to safely store and dispose 
                of supplies relating to the use of opioids and 
                other controlled substances.
                    (E) Such other education and training as 
                the Secretary considers appropriate to ensure 
                that veterans receive safe and high-quality 
                pain management care from the Department.
            (3) Use of existing program.--In providing 
        education and training described in paragraph (2), the 
        Secretary shall use the Interdisciplinary Chronic Pain 
        Management Training Team Program of the Department (or 
        successor program).
    (c) Pain Management Teams.--
            (1) In general.--In carrying out the Opioid Safety 
        Initiative of the Department, the director of each 
        medical facility of the Department shall identify and 
        designate a pain management team of health care 
        professionals, which may include board certified pain 
        medicine specialists, responsible for coordinating and 
        overseeing pain management therapy at such facility for 
        patients experiencing acute and chronic pain that is 
        non-cancer related.
            (2) Establishment of protocols.--
                    (A) In general.--In consultation with the 
                Directors of each Veterans Integrated Service 
                Network, the Secretary shall establish standard 
                protocols for the designation of pain 
                management teams at each medical facility 
                within the Department.
                    (B) Consultation on prescription of 
                opioids.--Each protocol established under 
                subparagraph (A) shall ensure that any health 
                care provider without expertise in prescribing 
                analgesics or who has not completed the 
                education and training under subsection (b), 
                including a mental health care provider, does 
                not prescribe opioids to a patient unless that 
                health care provider--
                            (i) consults with a health care 
                        provider with pain management expertise 
                        or who is on the pain management team 
                        of the medical facility; and
                            (ii) refers the patient to the pain 
                        management team for any subsequent 
                        prescriptions and related therapy.
            (3) Report.--
                    (A) In general.--Not later than one year 
                after the date of enactment of this Act, the 
                director of each medical facility of the 
                Department shall submit to the Under Secretary 
                for Health and the director of the Veterans 
                Integrated Service Network in which the medical 
                facility is located a report identifying the 
                health care professionals that have been 
                designated as members of the pain management 
                team at the medical facility pursuant to 
                paragraph (1).
                    (B) Elements.--Each report submitted under 
                subparagraph (A) with respect to a medical 
                facility of the Department shall include--
                            (i) a certification as to whether 
                        all members of the pain management team 
                        at the medical facility have completed 
                        the education and training required 
                        under subsection (b);
                            (ii) a plan for the management and 
                        referral of patients to such pain 
                        management team if health care 
                        providers without expertise in 
                        prescribing analgesics prescribe opioid 
                        medications to treat acute and chronic 
                        pain that is non-cancer related; and
                            (iii) a certification as to whether 
                        the medical facility--
                                    (I) fully complies with the 
                                stepped-care model, or 
                                successor models, of pain 
                                management and other pain 
                                management policies of the 
                                Department; or
                                    (II) does not fully comply 
                                with such stepped-care model, 
                                or successor models, of pain 
                                management and other pain 
                                management policies but is 
                                carrying out a corrective plan 
                                of action to ensure such full 
                                compliance.
    (d) Tracking and Monitoring of Opioid Use.--
            (1) Prescription drug monitoring programs of 
        states.--In carrying out the Opioid Safety Initiative 
        and the Opioid Therapy Risk Report tool of the 
        Department, the Secretary shall--
                    (A) ensure access by health care providers 
                of the Department to information on controlled 
                substances, including opioids and 
                benzodiazepines, prescribed to veterans who 
                receive care outside the Department through the 
                prescription drug monitoring program of each 
                State with such a program, including by seeking 
                to enter into memoranda of understanding with 
                States to allow shared access of such 
                information between States and the Department;
                    (B) include such information in the Opioid 
                Therapy Risk Report tool; and
                    (C) require health care providers of the 
                Department to submit to the prescription drug 
                monitoring program of each State with such a 
                program information on prescriptions of 
                controlled substances received by veterans in 
                that State under the laws administered by the 
                Secretary.
            (2) Report on tracking of data on opioid use.--Not 
        later than 18 months after the date of the enactment of 
        this Act, the Secretary shall submit to the Committee 
        on Veterans' Affairs of the Senate and the Committee on 
        Veterans' Affairs of the House of Representatives a 
        report on the feasibility and advisability of improving 
        the Opioid Therapy Risk Report tool of the Department 
        to allow for more advanced real-time tracking of and 
        access to data on--
                    (A) the key clinical indicators with 
                respect to the totality of opioid use by 
                veterans;
                    (B) concurrent prescribing by health care 
                providers of the Department of opioids in 
                different health care settings, including data 
                on concurrent prescribing of opioids to treat 
                mental health disorders other than opioid use 
                disorder; and
                    (C) mail-order prescriptions of opioids 
                prescribed to veterans under the laws 
                administered by the Secretary.
    (e) Availability of Opioid Receptor Antagonists.--
            (1) Increased availability and use.--
                    (A) In general.--The Secretary shall 
                maximize the availability of opioid receptor 
                antagonists, including naloxone, to veterans.
                    (B) Availability, training, and 
                distributing.--In carrying out subparagraph 
                (A), not later than 90 days after the date of 
                the enactment of this Act, the Secretary 
                shall--
                            (i) equip each pharmacy of the 
                        Department with opioid receptor 
                        antagonists to be dispensed to 
                        outpatients as needed; and
                            (ii) expand the Overdose Education 
                        and Naloxone Distribution program of 
                        the Department to ensure that all 
                        veterans in receipt of health care 
                        under laws administered by the 
                        Secretary who are at risk of opioid 
                        overdose may access such opioid 
                        receptor antagonists and training on 
                        the proper administration of such 
                        opioid receptor antagonists.
                    (C) Veterans who are at risk.--For purposes 
                of subparagraph (B), veterans who are at risk 
                of opioid overdose include--
                            (i) veterans receiving long-term 
                        opioid therapy;
                            (ii) veterans receiving opioid 
                        therapy who have a history of substance 
                        use disorder or prior instances of 
                        overdose; and
                            (iii) veterans who are at risk as 
                        determined by a health care provider 
                        who is treating the veteran.
            (2) Report.--Not later than 120 days after the date 
        of the enactment of this Act, the Secretary shall 
        submit to the Committee on Veterans' Affairs of the 
        Senate and the Committee on Veterans' Affairs of the 
        House of Representatives a report on carrying out 
        paragraph (1), including an assessment of any remaining 
        steps to be carried out by the Secretary to carry out 
        such paragraph.
    (f) Inclusion of Certain Information and Capabilities in 
Opioid Therapy Risk Report Tool of the Department.--
            (1) Information.--The Secretary shall include in 
        the Opioid Therapy Risk Report tool of the Department--
                    (A) information on the most recent time the 
                tool was accessed by a health care provider of 
                the Department with respect to each veteran; 
                and
                    (B) information on the results of the most 
                recent urine drug test for each veteran.
            (2) Capabilities.--The Secretary shall include in 
        the Opioid Therapy Risk Report tool the ability of the 
        health care providers of the Department to determine 
        whether a health care provider of the Department 
        prescribed opioids to a veteran without checking the 
        information in the tool with respect to the veteran.
    (g) Notifications of Risk in Computerized Health Record.--
The Secretary shall modify the computerized patient record 
system of the Department to ensure that any health care 
provider that accesses the record of a veteran, regardless of 
the reason the veteran seeks care from the health care 
provider, will be immediately notified whether the veteran--
            (1) is receiving opioid therapy and has a history 
        of substance use disorder or prior instances of 
        overdose;
            (2) has a history of opioid abuse; or
            (3) is at risk of developing an opioid use 
        disorder, as determined by a health care provider who 
        is treating the veteran.

SEC. 912. STRENGTHENING OF JOINT WORKING GROUP ON PAIN MANAGEMENT OF 
                    THE DEPARTMENT OF VETERANS AFFAIRS AND THE 
                    DEPARTMENT OF DEFENSE.

    (a) In General.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Veterans Affairs and 
the Secretary of Defense shall ensure that the Pain Management 
Working Group of the Health Executive Committee of the 
Department of Veterans Affairs-Department of Defense Joint 
Executive Committee (Pain Management Working Group) established 
under section 320 of title 38, United States Code, includes a 
focus on the following:
            (1) The opioid prescribing practices of health care 
        providers of each Department.
            (2) The ability of each Department to manage acute 
        and chronic pain among individuals receiving health 
        care from the Department, including training health 
        care providers with respect to pain management.
            (3) The use by each Department of complementary and 
        integrative health in treating such individuals.
            (4) The concurrent use and practice by health care 
        providers of each Department of opioids and 
        prescription drugs to treat mental health disorders, 
        including benzodiazepines.
            (5) The use of care transition plans by health care 
        providers of each Department to address case management 
        issues for patients receiving opioid therapy who 
        transition between inpatient and outpatient care.
            (6) The coordination in coverage of and consistent 
        access to medications prescribed for patients 
        transitioning from receiving health care from the 
        Department of Defense to receiving health care from the 
        Department of Veterans Affairs.
            (7) The ability of each Department to properly 
        screen, identify, refer, and treat patients with 
        substance use disorders who are seeking treatment for 
        acute and chronic pain management conditions.
    (b) Coordination and Consultation.--The Secretary of 
Veterans Affairs and the Secretary of Defense shall ensure that 
the working group described in subsection (a)--
            (1) coordinates the activities of the working group 
        with other relevant working groups established under 
        section 320 of title 38, United States Code;
            (2) consults with other relevant Federal agencies, 
        including the Centers for Disease Control and 
        Prevention, with respect to the activities of the 
        working group; and
            (3) consults with the Department of Veterans 
        Affairs and the Department of Defense with respect to 
        the VA/DOD Clinical Practice Guideline for Management 
        of Opioid Therapy for Chronic Pain, or any successor 
        guideline, and reviews and provides comments before any 
        update to the guideline is released.
    (c) Clinical Practice Guidelines.--
            (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of 
        Veterans Affairs and the Secretary of Defense shall 
        issue an update to the VA/DOD Clinical Practice 
        Guideline for Management of Opioid Therapy for Chronic 
        Pain.
            (2) Matters included.--In conducting the update 
        under paragraph (1), the Pain Management Working Group, 
        in coordination with the Clinical Practice Guideline 
        VA/DoD Management of Opioid Therapy for Chronic Pain 
        Working Group, shall work to ensure that the Clinical 
        Practical Guideline includes the following:
                    (A) Enhanced guidance with respect to--
                            (i) the co-administration of an 
                        opioid and other drugs, including 
                        benzodiazepines, that may result in 
                        life-limiting drug interactions;
                            (ii) the treatment of patients with 
                        current acute psychiatric instability 
                        or substance use disorder or patients 
                        at risk of suicide; and
                            (iii) the use of opioid therapy to 
                        treat mental health disorders other 
                        than opioid use disorder.
                    (B) Enhanced guidance with respect to the 
                treatment of patients with behaviors or 
                comorbidities, such as post-traumatic stress 
                disorder or other psychiatric disorders, or a 
                history of substance abuse or addiction, that 
                requires a consultation or co-management of 
                opioid therapy with one or more specialists in 
                pain management, mental health, or addictions.
                    (C) Enhanced guidance with respect to 
                health care providers--
                            (i) conducting an effective 
                        assessment for patients beginning or 
                        continuing opioid therapy, including 
                        understanding and setting realistic 
                        goals with respect to achieving and 
                        maintaining an expected level of pain 
                        relief, improved function, or a 
                        clinically appropriate combination of 
                        both; and
                            (ii) effectively assessing whether 
                        opioid therapy is achieving or 
                        maintaining the established treatment 
                        goals of the patient or whether the 
                        patient and health care provider should 
                        discuss adjusting, augmenting, or 
                        discontinuing the opioid therapy.
                    (D) Guidelines to inform the methodologies 
                used by health care providers of the Department 
                of Veterans Affairs and the Department of 
                Defense to safely taper opioid therapy when 
                adjusting or discontinuing the use of opioid 
                therapy, including--
                            (i) prescription of the lowest 
                        effective dose based on patient need;
                            (ii) use of opioids only for a 
                        limited time; and
                            (iii) augmentation of opioid 
                        therapy with other pain management 
                        therapies and modalities.
                    (E) Guidelines with respect to appropriate 
                case management for patients receiving opioid 
                therapy who transition between inpatient and 
                outpatient health care settings, which may 
                include the use of care transition plans.
                    (F) Guidelines with respect to appropriate 
                case management for patients receiving opioid 
                therapy who transition from receiving care 
                during active duty to post-military health care 
                networks.
                    (G) Guidelines with respect to providing 
                options, before initiating opioid therapy, for 
                pain management therapies without the use of 
                opioids and options to augment opioid therapy 
                with other clinical and complementary and 
                integrative health services to minimize opioid 
                dependence.
                    (H) Guidelines with respect to the 
                provision of evidence-based non-opioid 
                treatments within the Department of Veterans 
                Affairs and the Department of Defense, 
                including medical devices and other therapies 
                approved or cleared by the Food and Drug 
                Administration for the treatment of chronic 
                pain as an alternative to or to augment opioid 
                therapy.
                    (I) Guidelines developed by the Centers for 
                Disease Control and Prevention for safely 
                prescribing opioids for the treatment of 
                chronic, non-cancer related pain in outpatient 
                settings.
            (3) Rule of construction.--Nothing in this 
        subsection shall be construed to prevent the Secretary 
        of Veterans Affairs and the Secretary of Defense from 
        considering all relevant evidence, as appropriate, in 
        updating the VA/DOD Clinical Practice Guideline for 
        Management of Opioid Therapy for Chronic Pain, as 
        required under paragraph (1), or from ensuring that the 
        final clinical practice guideline updated under such 
        paragraph remains applicable to the patient populations 
        of the Department of Veterans Affairs and the 
        Department of Defense.

SEC. 913. REVIEW, INVESTIGATION, AND REPORT ON USE OF OPIOIDS IN 
                    TREATMENT BY DEPARTMENT OF VETERANS AFFAIRS.

    (a) Comptroller General Report.--
            (1) In general.--Not later than two years after the 
        date of the enactment of this Act, the Comptroller 
        General of the United States shall submit to the 
        Committee on Veterans' Affairs of the Senate and the 
        Committee on Veterans' Affairs of the House of 
        Representatives a report on the Opioid Safety 
        Initiative of the Department of Veterans Affairs and 
        the opioid prescribing practices of health care 
        providers of the Department.
            (2) Elements.--The report submitted under paragraph 
        (1) shall include the following:
                    (A) An assessment of the implementation and 
                monitoring by the Veterans Health 
                Administration of the Opioid Safety Initiative 
                of the Department, including examining, as 
                appropriate, the following:
                            (i) How the Department monitors the 
                        key clinical outcomes of such safety 
                        initiative (for example, the percentage 
                        of unique veterans visiting each 
                        medical center of the Department that 
                        are prescribed an opioid or an opioid 
                        and benzodiazepine concurrently) and 
                        how the Department uses that 
                        information--
                                    (I) to improve prescribing 
                                practices; and
                                    (II) to identify high 
                                prescribing or otherwise 
                                inappropriate prescribing 
                                practices by health care 
                                providers.
                            (ii) How the Department monitors 
                        the use of the Opioid Therapy Risk 
                        Report tool of the Department (as 
                        developed through such safety 
                        initiative) and compliance with such 
                        tool by medical facilities and health 
                        care providers of the Department, 
                        including any findings by the 
                        Department of prescription rates or 
                        prescription practices by medical 
                        facilities or health care providers 
                        that are inappropriate.
                            (iii) The implementation of 
                        academic detailing programs within the 
                        Veterans Integrated Service Networks of 
                        the Department and how such programs 
                        are being used to improve opioid 
                        prescribing practices.
                            (iv) Recommendations on such 
                        improvements to the Opioid Safety 
                        Initiative of the Department as the 
                        Comptroller General considers 
                        appropriate.
                    (B) Information made available under the 
                Opioid Therapy Risk Report tool with respect 
                to--
                            (i) deaths resulting from sentinel 
                        events involving veterans prescribed 
                        opioids by a health care provider;
                            (ii) overall prescription rates 
                        and, if applicable, indications used by 
                        health care providers for prescribing 
                        chronic opioid therapy to treat non-
                        cancer, non-palliative, and non-hospice 
                        care patients;
                            (iii) the prescription rates and 
                        indications used by health care 
                        providers for prescribing 
                        benzodiazepines and opioids 
                        concomitantly;
                            (iv) the practice by health care 
                        providers of prescribing opioids to 
                        treat patients without any pain, 
                        including to treat patients with mental 
                        health disorders other than opioid use 
                        disorder; and
                            (v) the effectiveness of opioid 
                        therapy for patients receiving such 
                        therapy, including the effectiveness of 
                        long-term opioid therapy.
                    (C) An evaluation of processes of the 
                Department in place to oversee opioid use among 
                veterans, including procedures to identify and 
                remedy potential over-prescribing of opioids by 
                health care providers of the Department.
                    (D) An assessment of the implementation by 
                the Secretary of Veterans Affairs of the VA/DOD 
                Clinical Practice Guideline for Management of 
                Opioid Therapy for Chronic Pain, including any 
                figures or approaches used by the Department to 
                assess compliance with such guidelines by 
                medical centers of the Department and identify 
                any medical centers of the Department operating 
                action plans to improve compliance with such 
                guidelines.
                    (E) An assessment of the data that the 
                Department has developed to review the opioid 
                prescribing practices of health care providers 
                of the Department, as required by this 
                subtitle, including a review of how the 
                Department identifies the practices of 
                individual health care providers that warrant 
                further review based on prescribing levels, 
                health conditions for which the health care 
                provider is prescribing opioids or opioids and 
                benzodiazepines concurrently, or other 
                practices of the health care provider.
    (b) Semi-annual Progress Report on Implementation of 
Comptroller General Recommendations.--Not later than 180 days 
after the date of the submittal of the report required under 
subsection (a), and not less frequently than annually 
thereafter until the Comptroller General of the United States 
determines that all recommended actions are closed, the 
Secretary of Veterans Affairs shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' 
Affairs of the House of Representatives a progress report 
detailing the actions by the Secretary to address any 
outstanding findings and recommendations by the Comptroller 
General of the United States under subsection (a) with respect 
to the Veterans Health Administration.
    (c) Annual Report on Opioid Therapy and Prescription 
Rates.--Not later than one year after the date of the enactment 
of this Act, and not less frequently than annually for the 
following five years, the Secretary shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a report 
on opioid therapy and prescription rates for the one-year 
period preceding the date of the submission of the report. Each 
such report shall include each of the following:
            (1) The number of patients and the percentage of 
        the patient population of the Department who were 
        prescribed benzodiazepines and opioids concurrently by 
        a health care provider of the Department.
            (2) The number of patients and the percentage of 
        the patient population of the Department without any 
        pain who were prescribed opioids by a health care 
        provider of the Department, including those who were 
        prescribed benzodiazepines and opioids concurrently.
            (3) The number of non-cancer, non-palliative, and 
        non-hospice care patients and the percentage of such 
        patients who were treated with opioids by a health care 
        provider of the Department on an inpatient-basis and 
        who also received prescription opioids by mail from the 
        Department while being treated on an inpatient-basis.
            (4) The number of non-cancer, non-palliative, and 
        non-hospice care patients and the percentage of such 
        patients who were prescribed opioids concurrently by a 
        health care provider of the Department and a health 
        care provider that is not a health care provider of the 
        Department.
            (5) With respect to each medical facility of the 
        Department, the collected and reviewed information on 
        opioids prescribed by health care providers at the 
        facility to treat non-cancer, non-palliative, and non-
        hospice care patients, including--
                    (A) the prescription rate at which each 
                health care provider at the facility prescribed 
                benzodiazepines and opioids concurrently to 
                such patients and the aggregate of such 
                prescription rate for all health care providers 
                at the facility;
                    (B) the prescription rate at which each 
                health care provider at the facility prescribed 
                benzodiazepines or opioids to such patients to 
                treat conditions for which benzodiazepines or 
                opioids are not approved treatment and the 
                aggregate of such prescription rate for all 
                health care providers at the facility;
                    (C) the prescription rate at which each 
                health care provider at the facility prescribed 
                or dispensed mail-order prescriptions of 
                opioids to such patients while such patients 
                were being treated with opioids on an 
                inpatient-basis and the aggregate of such 
                prescription rate for all health care providers 
                at the facility; and
                    (D) the prescription rate at which each 
                health care provider at the facility prescribed 
                opioids to such patients who were also 
                concurrently prescribed opioids by a health 
                care provider that is not a health care 
                provider of the Department and the aggregate of 
                such prescription rates for all health care 
                providers at the facility.
            (6) With respect to each medical facility of the 
        Department, the number of times a pharmacist at the 
        facility overrode a critical drug interaction warning 
        with respect to an interaction between opioids and 
        another medication before dispensing such medication to 
        a veteran.
    (d) Investigation of Prescription Rates.--If the Secretary 
determines that a prescription rate with respect to a health 
care provider or medical facility of the Department conflicts 
with or is otherwise inconsistent with the standards of 
appropriate and safe care, the Secretary shall--
            (1) immediately notify the Committee on Veterans' 
        Affairs of the Senate and the Committee on Veterans' 
        Affairs of the House of Representatives of such 
        determination, including information relating to such 
        determination, prescription rate, and health care 
        provider or medical facility, as the case may be; and
            (2) through the Office of the Medical Inspector of 
        the Veterans Health Administration, conduct a full 
        investigation of the health care provider or medical 
        facility, as the case may be.
    (e) Prescription Rate Defined.--In this section, the term 
``prescription rate'' means, with respect to a health care 
provider or medical facility of the Department, each of the 
following:
            (1) The number of patients treated with opioids by 
        the health care provider or at the medical facility, as 
        the case may be, divided by the total number of 
        pharmacy users of that health care provider or medical 
        facility.
            (2) The average number of morphine equivalents per 
        day prescribed by the health care provider or at the 
        medical facility, as the case may be, to patients being 
        treated with opioids.
            (3) Of the patients being treated with opioids by 
        the health care provider or at the medical facility, as 
        the case may be, the average number of prescriptions of 
        opioids per patient.

SEC. 914. MANDATORY DISCLOSURE OF CERTAIN VETERAN INFORMATION TO STATE 
                    CONTROLLED SUBSTANCE MONITORING PROGRAMS.

    Section 5701(l) of title 38, United States Code, is amended 
by striking ``may'' and inserting ``shall''.

SEC. 915. ELIMINATION OF COPAYMENT REQUIREMENT FOR VETERANS RECEIVING 
                    OPIOID ANTAGONISTS OR EDUCATION ON USE OF OPIOID 
                    ANTAGONISTS.

    (a) Copayment for Opioid Antagonists.--Section 1722A(a) of 
title 38, United States Code, is amended by adding at the end 
the following new paragraph:
    ``(4) Paragraph (1) does not apply to opioid antagonists 
furnished under this chapter to a veteran who is at high risk 
for overdose of a specific medication or substance in order to 
reverse the effect of such an overdose.''.
    (b) Copayment for Education on Use of Opioid Antagonists.--
Section 1710(g)(3) of such title is amended--
            (1) by striking ``with respect to home health 
        services'' and inserting ``with respect to the 
        following:''
            ``(A) Home health services''; and
            (2) by adding at the end the following 
        subparagraph:
            ``(B) Education on the use of opioid antagonists to 
        reverse the effects of overdoses of specific 
        medications or substances.''.

                      Subtitle B--Patient Advocacy

SEC. 921. COMMUNITY MEETINGS ON IMPROVING CARE FURNISHED BY DEPARTMENT 
                    OF VETERANS AFFAIRS.

    (a) Community Meetings.--
            (1) Medical centers.--Not later than 90 days after 
        the date of the enactment of this Act, and not less 
        frequently than once every 90 days thereafter, the 
        Secretary shall ensure that each medical facility of 
        the Department of Veterans Affairs hosts a community 
        meeting open to the public on improving health care 
        furnished by the Secretary.
            (2) Community-based outpatient clinics.--Not later 
        than one year after the date of the enactment of this 
        Act, and not less frequently than annually thereafter, 
        the Secretary shall ensure that each community-based 
        outpatient clinic of the Department hosts a community 
        meeting open to the public on improving health care 
        furnished by the Secretary.
    (b) Attendance by Director of Veterans Integrated Service 
Network or Designee.--
            (1) In general.--Each community meeting hosted by a 
        medical facility or community-based outpatient clinic 
        under subsection (a) shall be attended by the Director 
        of the Veterans Integrated Service Network in which the 
        medical facility or community-based outpatient clinic, 
        as the case may be, is located. Subject to paragraph 
        (2), the Director may delegate such attendance only to 
        an employee who works in the Office of the Director.
            (2) Attendance by director.--Each Director of a 
        Veterans Integrated Service Network shall personally 
        attend not less than one community meeting under 
        subsection (a) hosted by each medical facility located 
        in the Veterans Integrated Service Network each year.
    (c) Notice.--The Secretary shall notify the Committee on 
Veterans' Affairs of the Senate, the Committee on Veterans' 
Affairs of the House of Representatives, and each Member of 
Congress (as defined in section 902) who represents the area in 
which the medical facility is located of a community meeting 
under subsection (a) by not later than 10 days before such 
community meeting occurs.

SEC. 922. IMPROVEMENT OF AWARENESS OF PATIENT ADVOCACY PROGRAM AND 
                    PATIENT BILL OF RIGHTS OF DEPARTMENT OF VETERANS 
                    AFFAIRS.

    Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Veterans Affairs shall, in as many 
prominent locations as the Secretary determines appropriate to 
be seen by the largest percentage of patients and family 
members of patients at each medical facility of the Department 
of Veterans Affairs--
            (1) display the purposes of the Patient Advocacy 
        Program of the Department and the contact information 
        for the patient advocate at such medical facility; and
            (2) display the rights and responsibilities of--
                    (A) patients and family members of patients 
                at such medical facility; and
                    (B) with respect to community living 
                centers and other residential facilities of the 
                Department, residents and family members of 
                residents at such medical facility.

SEC. 923. COMPTROLLER GENERAL REPORT ON PATIENT ADVOCACY PROGRAM OF 
                    DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Not later than two years after the date of 
the enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Veterans' 
Affairs of the Senate and the Committee on Veterans' Affairs of 
the House of Representatives a report on the Patient Advocacy 
Program of the Department of Veterans Affairs (in this section 
referred to as the ``Program'').
    (b) Elements.--The report required by subsection (a) shall 
include the following:
            (1) A description of the Program, including--
                    (A) the purpose of the Program;
                    (B) the activities carried out under the 
                Program; and
                    (C) the sufficiency of the Program in 
                achieving the purpose of the Program.
            (2) An assessment of the sufficiency of staffing of 
        employees of the Department responsible for carrying 
        out the Program.
            (3) An assessment of the sufficiency of the 
        training of such employees.
            (4) An assessment of--
                    (A) the awareness of the Program among 
                veterans and family members of veterans; and
                    (B) the use of the Program by veterans and 
                family members of veterans.
            (5) Such recommendations and proposals for 
        improving or modifying the Program as the Comptroller 
        General considers appropriate.
            (6) Such other information with respect to the 
        Program as the Comptroller General considers 
        appropriate.

SEC. 924. ESTABLISHMENT OF OFFICE OF PATIENT ADVOCACY OF THE DEPARTMENT 
                    OF VETERANS AFFAIRS.

    (a) In General.--Subchapter I of chapter 73 of title 38, 
United States Code, is amended by adding at the end the 
following new section:

``Sec. 7309A. Office of Patient Advocacy

    ``(a) Establishment.--There is established in the 
Department within the Office of the Under Secretary for Health 
an office to be known as the `Office of Patient Advocacy' (in 
this section referred to as the `Office').
    ``(b) Head.--(1) The Director of the Office of Patient 
Advocacy shall be the head of the Office.
    ``(2) The Director of the Office of Patient Advocacy shall 
be appointed by the Under Secretary for Health from among 
individuals qualified to perform the duties of the position and 
shall report directly to the Under Secretary for Health.
    ``(c) Function.--(1) The function of the Office is to carry 
out the Patient Advocacy Program of the Department.
    ``(2) In carrying out the Patient Advocacy Program of the 
Department, the Director shall ensure that patient advocates of 
the Department--
            ``(A) advocate on behalf of veterans with respect 
        to health care received and sought by veterans under 
        the laws administered by the Secretary;
            ``(B) carry out the responsibilities specified in 
        subsection (d); and
            ``(C) receive training in patient advocacy.
    ``(d) Patient Advocacy Responsibilities.--The 
responsibilities of each patient advocate at a medical facility 
of the Department are the following:
            ``(1) To resolve complaints by veterans with 
        respect to health care furnished under the laws 
        administered by the Secretary that cannot be resolved 
        at the point of service or at a higher level easily 
        accessible to the veteran.
            ``(2) To present at various meetings and to various 
        committees the issues experienced by veterans in 
        receiving such health care at such medical facility.
            ``(3) To express to veterans their rights and 
        responsibilities as patients in receiving such health 
        care.
            ``(4) To manage the Patient Advocate Tracking 
        System of the Department at such medical facility.
            ``(5) To compile data at such medical facility of 
        complaints made by veterans with respect to the receipt 
        of such health care at such medical facility and the 
        satisfaction of veterans with such health care at such 
        medical facility to determine whether there are trends 
        in such data.
            ``(6) To ensure that a process is in place for the 
        distribution of the data compiled under paragraph (5) 
        to appropriate leaders, committees, services, and staff 
        of the Department.
            ``(7) To identify, not less frequently than 
        quarterly, opportunities for improvements in the 
        furnishing of such health care to veterans at such 
        medical facility based on complaints by veterans.
            ``(8) To ensure that any significant complaint by a 
        veteran with respect to such health care is brought to 
        the attention of appropriate staff of the Department to 
        trigger an assessment of whether there needs to be a 
        further analysis of the problem at the facility-wide 
        level.
            ``(9) To support any patient advocacy programs 
        carried out by the Department.
            ``(10) To ensure that all appeals and final 
        decisions with respect to the receipt of such health 
        care are entered into the Patient Advocate Tracking 
        System of the Department.
            ``(11) To understand all laws, directives, and 
        other rules with respect to the rights and 
        responsibilities of veterans in receiving such health 
        care, including the appeals processes available to 
        veterans.
            ``(12) To ensure that veterans receiving mental 
        health care, or the surrogate decision-makers for such 
        veterans, are aware of the rights of veterans to seek 
        representation from systems established under section 
        103 of the Protection and Advocacy for Mentally Ill 
        Individuals Act of 1986 (42 U.S.C. 10803) to protect 
        and advocate the rights of individuals with mental 
        illness and to investigate incidents of abuse and 
        neglect of such individuals.
            ``(13) To fulfill requirements established by the 
        Secretary with respect to the inspection of controlled 
        substances.
            ``(14) To document potentially threatening behavior 
        and report such behavior to appropriate authorities.
    ``(e) Training.--In providing training to patient advocates 
under subsection (c)(2)(C), the Director shall ensure that such 
training is consistent throughout the Department.
    ``(f) Controlled Substance Defined.--In this section, the 
term `controlled substance' has the meaning given that term in 
section 102 of the Controlled Substances Act (21 U.S.C. 
802).''.
    (b) Clerical Amendment.--The table of sections at the 
beginning of chapter 73 of such title is amended by inserting 
after the item relating to section 7309 the following new item:

``7309A. Office of Patient Advocacy.''.

    (c) Date Fully Operational.--The Secretary of Veterans 
Affairs shall ensure that the Office of Patient Advocacy 
established under section 7309A of title 38, United States 
Code, as added by subsection (a), is fully operational not 
later than the date that is one year after the date of the 
enactment of this Act.

            Subtitle C--Complementary and Integrative Health

SEC. 931. EXPANSION OF RESEARCH AND EDUCATION ON AND DELIVERY OF 
                    COMPLEMENTARY AND INTEGRATIVE HEALTH TO VETERANS.

    (a) Establishment.--There is established a commission to be 
known as the ``Creating Options for Veterans' Expedited 
Recovery'' or the ``COVER Commission'' (in this section 
referred to as the ``Commission''). The Commission shall 
examine the evidence-based therapy treatment model used by the 
Secretary of Veterans Affairs for treating mental health 
conditions of veterans and the potential benefits of 
incorporating complementary and integrative health treatments 
available in non-Department facilities (as defined in section 
1701 of title 38, United States Code).
    (b) Duties.--The Commission shall perform the following 
duties:
            (1) Examine the efficacy of the evidence-based 
        therapy model used by the Secretary for treating mental 
        health illnesses of veterans and identify areas to 
        improve wellness-based outcomes.
            (2) Conduct a patient-centered survey within each 
        of the Veterans Integrated Service Networks to 
        examine--
                    (A) the experience of veterans with the 
                Department of Veterans Affairs when seeking 
                medical assistance for mental health issues 
                through the health care system of the 
                Department;
                    (B) the experience of veterans with non-
                Department facilities and health professionals 
                for treating mental health issues;
                    (C) the preference of veterans regarding 
                available treatment for mental health issues 
                and which methods the veterans believe to be 
                most effective;
                    (D) the experience, if any, of veterans 
                with respect to the complementary and 
                integrative health treatment therapies 
                described in paragraph (3);
                    (E) the prevalence of prescribing 
                prescription medication among veterans seeking 
                treatment through the health care system of the 
                Department as remedies for addressing mental 
                health issues; and
                    (F) the outreach efforts of the Secretary 
                regarding the availability of benefits and 
                treatments for veterans for addressing mental 
                health issues, including by identifying ways to 
                reduce barriers to gaps in such benefits and 
                treatments.
            (3) Examine available research on complementary and 
        integrative health treatment therapies for mental 
        health issues and identify what benefits could be made 
        with the inclusion of such treatments for veterans, 
        including with respect to--
                    (A) music therapy;
                    (B) equine therapy;
                    (C) training and caring for service dogs;
                    (D) yoga therapy;
                    (E) acupuncture therapy;
                    (F) meditation therapy;
                    (G) outdoor sports therapy;
                    (H) hyperbaric oxygen therapy;
                    (I) accelerated resolution therapy;
                    (J) art therapy;
                    (K) magnetic resonance therapy; and
                    (L) other therapies the Commission 
                determines appropriate.
            (4) Study the sufficiency of the resources of the 
        Department to ensure the delivery of quality health 
        care for mental health issues among veterans seeking 
        treatment within the Department.
            (5) Study the current treatments and resources 
        available within the Department and assess--
                    (A) the effectiveness of such treatments 
                and resources in decreasing the number of 
                suicides per day by veterans;
                    (B) the number of veterans who have been 
                diagnosed with mental health issues;
                    (C) the percentage of veterans using the 
                resources of the Department who have been 
                diagnosed with mental health issues;
                    (D) the percentage of veterans who have 
                completed counseling sessions offered by the 
                Department; and
                    (E) the efforts of the Department to expand 
                complementary and integrative health treatments 
                viable to the recovery of veterans with mental 
                health issues as determined by the Secretary to 
                improve the effectiveness of treatments offered 
                by the Department.
    (c) Membership.--
            (1) In general.--The Commission shall be composed 
        of 10 members, appointed as follows:
                    (A) Two members appointed by the Speaker of 
                the House of Representatives, at least one of 
                whom shall be a veteran.
                    (B) Two members appointed by the minority 
                leader of the House of Representatives, at 
                least one of whom shall be a veteran.
                    (C) Two members appointed by the majority 
                leader of the Senate, at least one of whom 
                shall be a veteran.
                    (D) Two members appointed by the minority 
                leader of the Senate, at least one of whom 
                shall be a veteran.
                    (E) Two members appointed by the President, 
                at least one of whom shall be a veteran.
            (2) Qualifications.--Members of the Commission 
        shall be individuals who--
                    (A) are of recognized standing and 
                distinction within the medical community with a 
                background in treating mental health;
                    (B) have experience working with the 
                military and veteran population; and
                    (C) do not have a financial interest in any 
                of the complementary and integrative health 
                treatments reviewed by the Commission.
            (3) Chairman.--The President shall designate a 
        member of the Commission to be the Chairman.
            (4) Period of appointment.--Members of the 
        Commission shall be appointed for the life of the 
        Commission.
            (5) Vacancy.--A vacancy in the Commission shall be 
        filled in the manner in which the original appointment 
        was made.
            (6) Appointment deadline.--The appointment of 
        members of the Commission in this section shall be made 
        not later than 90 days after the date of the enactment 
        of this Act.
    (d) Powers of Commission.--
            (1) Meetings.--
                    (A) Initial meeting.--The Commission shall 
                hold its first meeting not later than 30 days 
                after a majority of members are appointed to 
                the Commission.
                    (B) Meeting.--The Commission shall 
                regularly meet at the call of the Chairman. 
                Such meetings may be carried out through the 
                use of telephonic or other appropriate 
                telecommunication technology if the Commission 
                determines that such technology will allow the 
                members to communicate simultaneously.
            (2) Hearings.--The Commission may hold such 
        hearings, sit and act at such times and places, take 
        such testimony, and receive evidence as the Commission 
        considers advisable to carry out the responsibilities 
        of the Commission.
            (3) Information from federal agencies.--The 
        Commission may secure directly from any department or 
        agency of the Federal Government such information as 
        the Commission considers necessary to carry out the 
        duties of the Commission.
            (4) Information from nongovernmental 
        organizations.--In carrying out its duties, the 
        Commission may seek guidance through consultation with 
        foundations, veteran service organizations, nonprofit 
        groups, faith-based organizations, private and public 
        institutions of higher education, and other 
        organizations as the Commission determines appropriate.
            (5) Commission records.--The Commission shall keep 
        an accurate and complete record of the actions and 
        meetings of the Commission. Such record shall be made 
        available for public inspection and the Comptroller 
        General of the United States may audit and examine such 
        record.
            (6) Personnel records.--The Commission shall keep 
        an accurate and complete record of the actions and 
        meetings of the Commission. Such record shall be made 
        available for public inspection and the Comptroller 
        General of the United States may audit and examine such 
        records.
            (7) Compensation of members; travel expenses.--Each 
        member shall serve without pay but shall receive travel 
        expenses to perform the duties of the Commission, 
        including per diem in lieu of substances, at rates 
        authorized under subchapter I of chapter 57 of title 5, 
        United States Code.
            (8) Staff.--The Chairman, in accordance with rules 
        agreed upon the Commission, may appoint and fix the 
        compensation of a staff director and such other 
        personnel as may be necessary to enable the Commission 
        to carry out its functions, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, without regard 
        to the provision of chapter 51 and subchapter III of 
        chapter 53 of such title relating to classification and 
        General Schedule pay rates, except that no rate of pay 
        fixed under this paragraph may exceed the equivalent of 
        that payable for a position at level IV of the 
        Executive Schedule under section 5315 of title 5, 
        United States Code.
            (9) Personnel as federal employees.--
                    (A) In general.--The executive director and 
                any personnel of the Commission are employees 
                under section 2105 of title 5, United States 
                Code, for purpose of chapters 63, 81, 83, 84, 
                85, 87, 89, and 90 of such title.
                    (B) Members of the commission.--
                Subparagraph (A) shall not be construed to 
                apply to members of the Commission.
            (10) Contracting.--The Commission may, to such 
        extent and in such amounts as are provided in 
        appropriations Acts, enter into contracts to enable the 
        Commission to discharge the duties of the Commission 
        under this Act.
            (11) Expert and consultant service.--The Commission 
        may procure the services of experts and consultants in 
        accordance with section 3109 of title 5, United States 
        Code, at rates not to exceed the daily rate paid to a 
        person occupying a position at level IV of the 
        Executive Schedule under section 5315 of title 5, 
        United States Code.
            (12) Postal service.--The Commission may use the 
        United States mails in the same manner and under the 
        same conditions as departments and agencies of the 
        United States.
            (13) Physical facilities and equipment.--Upon the 
        request of the Commission, the Administrator of General 
        Services shall provide to the Commission, on a 
        reimbursable basis, the administrative support services 
        necessary for the Commission to carry out its 
        responsibilities under this Act. These administrative 
        services may include human resource management, budget, 
        leasing accounting, and payroll services.
    (e) Report.--
            (1) Interim reports.--
                    (A) In general.--Not later than 60 days 
                after the date on which the Commission first 
                meets, and each 30-day period thereafter ending 
                on the date on which the Commission submits the 
                final report under paragraph (2), the 
                Commission shall submit to the Committees on 
                Veterans' Affairs of the House of 
                Representatives and the Senate and the 
                President a report detailing the level of 
                cooperation the Secretary of Veterans Affairs 
                (and the heads of other departments or agencies 
                of the Federal Government) has provided to the 
                Commission.
                    (B) Other reports.--In carrying out its 
                duties, at times that the Commission determines 
                appropriate, the Commission shall submit to the 
                Committees on Veterans' Affairs of the House of 
                Representatives and the Senate and any other 
                appropriate entities an interim report with 
                respect to the findings identified by the 
                Commission.
            (2) Final report.--Not later than 18 months after 
        the first meeting of the Commission, the Commission 
        shall submit to the Committee on Veterans' Affairs of 
        the House of Representatives and the Senate, the 
        President, and the Secretary of Veterans Affairs a 
        final report on the findings of the Commission. Such 
        report shall include the following:
                    (A) Recommendations to implement in a 
                feasible, timely, and cost-efficient manner the 
                solutions and remedies identified within the 
                findings of the Commission pursuant to 
                subsection (b).
                    (B) An analysis of the evidence-based 
                therapy model used by the Secretary of Veterans 
                Affairs for treating veterans with mental 
                health care issues, and an examination of the 
                prevalence and efficacy of prescription drugs 
                as a means for treatment.
                    (C) The findings of the patient-centered 
                survey conducted within each of the Veterans 
                Integrated Service Networks pursuant to 
                subsection (b)(2).
                    (D) An examination of complementary and 
                integrative health treatments described in 
                subsection (b)(3) and the potential benefits of 
                incorporating such treatments in the therapy 
                models used by the Secretary for treating 
                veterans with mental health issues.
            (3) Plan.--Not later than 90 days after the date on 
        which the Commission submits the final report under 
        paragraph (2), the Secretary of Veterans Affairs shall 
        submit to the Committees on Veterans' Affairs of the 
        House of Representatives and the Senate a report on the 
        following:
                    (A) An action plan for implementing the 
                recommendations established by the Commission 
                on such solutions and remedies for improving 
                wellness-based outcomes for veterans with 
                mental health care issues.
                    (B) A feasible timeframe on when the 
                complementary and integrative health treatments 
                described in subsection (b)(3) can be 
                implemented Department-wide.
                    (C) With respect to each recommendation 
                established by the Commission, including any 
                complementary and integrative health treatment, 
                that the Secretary determines is not 
                appropriate or feasible to implement, a 
                justification for such determination and an 
                alternative solution to improve the efficacy of 
                the therapy models used by the Secretary for 
                treating veterans with mental health issues.
    (f) Termination of Commission.--The Commission shall 
terminate 30 days after the Commission submits the final report 
under subsection (e)(2).

SEC. 932. EXPANSION OF RESEARCH AND EDUCATION ON AND DELIVERY OF 
                    COMPLEMENTARY AND INTEGRATIVE HEALTH TO VETERANS.

    (a) Development of Plan To Expand Research, Education, and 
Delivery.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall 
develop a plan to expand materially and substantially the scope 
of the effectiveness of research and education on, and delivery 
and integration of, complementary and integrative health 
services into the health care services provided to veterans.
    (b) Elements.--The plan required by subsection (a) shall 
provide for the following:
            (1) Research on the following:
                    (A) The effectiveness of various 
                complementary and integrative health services, 
                including the effectiveness of such services 
                integrated with clinical services.
                    (B) Approaches to integrating complementary 
                and integrative health services into other 
                health care services provided by the Department 
                of Veterans Affairs.
            (2) Education and training for health care 
        professionals of the Department on the following:
                    (A) Complementary and integrative health 
                services selected by the Secretary for purposes 
                of the plan.
                    (B) Appropriate uses of such services.
                    (C) Integration of such services into the 
                delivery of health care to veterans.
            (3) Research, education, and clinical activities on 
        complementary and integrative health at centers of 
        innovation at medical centers of the Department.
            (4) Identification or development of metrics and 
        outcome measures to evaluate the effectiveness of the 
        provision and integration of complementary and 
        integrative health services into the delivery of health 
        care to veterans.
            (5) Integration and delivery of complementary and 
        integrative health services with other health care 
        services provided by the Department.
    (c) Consultation.--
            (1) In general.--In carrying out subsection (a), 
        the Secretary shall consult with the following:
                    (A) The Director of the National Center for 
                Complementary and Integrative Health of the 
                National Institutes of Health.
                    (B) The Commissioner of Food and Drugs.
                    (C) Institutions of higher education, 
                private research institutes, and individual 
                researchers with extensive experience in 
                complementary and integrative health and the 
                integration of complementary and integrative 
                health practices into the delivery of health 
                care.
                    (D) Nationally recognized providers of 
                complementary and integrative health.
                    (E) Such other officials, entities, and 
                individuals with expertise on complementary and 
                integrative health as the Secretary considers 
                appropriate.
            (2) Scope of consultation.--The Secretary shall 
        undertake consultation under paragraph (1) in carrying 
        out subsection (a) with respect to the following:
                    (A) To develop the plan.
                    (B) To identify specific complementary and 
                integrative health practices that, on the basis 
                of research findings or promising clinical 
                interventions, are appropriate to include as 
                services to veterans.
                    (C) To identify barriers to the effective 
                provision and integration of complementary and 
                integrative health services into the delivery 
                of health care to veterans, and to identify 
                mechanisms for overcoming such barriers.

SEC. 933. PILOT PROGRAM ON INTEGRATION OF COMPLEMENTARY AND INTEGRATIVE 
                    HEALTH AND RELATED ISSUES FOR VETERANS AND FAMILY 
                    MEMBERS OF VETERANS.

    (a) Pilot Program.--
            (1) In general.--Not later than 180 days after the 
        date on which the Secretary of Veterans Affairs 
        receives the final report under section 931(e)(2), the 
        Secretary shall commence a pilot program to assess the 
        feasibility and advisability of using complementary and 
        integrative health and wellness-based programs (as 
        defined by the Secretary) to complement the provision 
        of pain management and related health care services, 
        including mental health care services, to veterans.
            (2) Matters addressed.--In carrying out the pilot 
        program, the Secretary shall assess the following:
                    (A) Means of improving coordination between 
                Federal, State, local, and community providers 
                of health care in the provision of pain 
                management and related health care services to 
                veterans.
                    (B) Means of enhancing outreach, and 
                coordination of outreach, by and among 
                providers of health care referred to in 
                subparagraph (A) on the pain management and 
                related health care services available to 
                veterans.
                    (C) Means of using complementary and 
                integrative health and wellness-based programs 
                of providers of health care referred to in 
                subparagraph (A) as complements to the 
                provision by the Department of Veterans Affairs 
                of pain management and related health care 
                services to veterans.
                    (D) Whether complementary and integrative 
                health and wellness-based programs described in 
                subparagraph (C)--
                            (i) are effective in enhancing the 
                        quality of life and well-being of 
                        veterans;
                            (ii) are effective in increasing 
                        the adherence of veterans to the 
                        primary pain management and related 
                        health care services provided such 
                        veterans by the Department;
                            (iii) have an effect on the sense 
                        of well-being of veterans who receive 
                        primary pain management and related 
                        health care services from the 
                        Department; and
                            (iv) are effective in encouraging 
                        veterans receiving health care from the 
                        Department to adopt a more healthy 
                        lifestyle.
    (b) Duration.--The Secretary shall carry out the pilot 
program under subsection (a)(1) for a period of three years.
    (c) Locations.--
            (1) Facilities.--The Secretary shall carry out the 
        pilot program under subsection (a)(1) at facilities of 
        the Department providing pain management and related 
        health care services, including mental health care 
        services, to veterans. In selecting such facilities to 
        carry out the pilot program, the Secretary shall select 
        not fewer than 15 geographically diverse medical 
        centers of the Department, of which not fewer than two 
        shall be polytrauma rehabilitation centers of the 
        Department.
            (2) Medical centers with prescription rates of 
        opioids that conflict with care standards.--In 
        selecting the medical centers under paragraph (1), the 
        Secretary shall give priority to medical centers of the 
        Department at which there is a prescription rate of 
        opioids that conflicts with or is otherwise 
        inconsistent with the standards of appropriate and safe 
        care.
    (d) Provision of Services.--Under the pilot program under 
subsection (a)(1), the Secretary shall provide covered services 
to covered veterans by integrating complementary and 
integrative health services with other services provided by the 
Department at the medical centers selected under subsection 
(c).
    (e) Covered Veterans.--For purposes of the pilot program 
under subsection (a)(1), a covered veteran is any veteran who--
            (1) has a mental health condition diagnosed by a 
        clinician of the Department;
            (2) experiences chronic pain;
            (3) has a chronic condition being treated by a 
        clinician of the Department; or
            (4) is not described in paragraph (1), (2), or (3) 
        and requests to participate in the pilot program or is 
        referred by a clinician of the Department who is 
        treating the veteran.
    (f) Covered Services.--
            (1) In general.--For purposes of the pilot program, 
        covered services are services consisting of 
        complementary and integrative health services as 
        selected by the Secretary.
            (2) Administration of services.--Covered services 
        shall be administered under the pilot program as 
        follows:
                    (A) Covered services shall be administered 
                by professionals or other instructors with 
                appropriate training and expertise in 
                complementary and integrative health services 
                who are employees of the Department or with 
                whom the Department enters into an agreement to 
                provide such services.
                    (B) Covered services shall be included as 
                part of the Patient Aligned Care Teams 
                initiative of the Office of Patient Care 
                Services, Primary Care Program Office, in 
                coordination with the Office of Patient 
                Centered Care and Cultural Transformation.
                    (C) Covered services shall be made 
                available to--
                            (i) covered veterans who have 
                        received conventional treatments from 
                        the Department for the conditions for 
                        which the covered veteran seeks 
                        complementary and integrative health 
                        services under the pilot program; and
                            (ii) covered veterans who have not 
                        received conventional treatments from 
                        the Department for such conditions.
    (g) Reports.--
            (1) In general.--Not later than 30 months after the 
        date on which the Secretary commences the pilot program 
        under subsection (a)(1), the Secretary shall submit to 
        the Committee on Veterans' Affairs of the Senate and 
        the Committee on Veterans' Affairs of the House of 
        Representatives a report on the pilot program.
            (2) Elements.--The report under paragraph (1) shall 
        include the following:
                    (A) The findings and conclusions of the 
                Secretary with respect to the pilot program 
                under subsection (a)(1), including with respect 
                to--
                            (i) the use and efficacy of the 
                        complementary and integrative health 
                        services established under the pilot 
                        program;
                            (ii) the outreach conducted by the 
                        Secretary to inform veterans and 
                        community organizations about the pilot 
                        program; and
                            (iii) an assessment of the benefit 
                        of the pilot program to covered 
                        veterans in mental health diagnoses, 
                        pain management, and treatment of 
                        chronic illness.
                    (B) Identification of any unresolved 
                barriers that impede the ability of the 
                Secretary to incorporate complementary and 
                integrative health services with other health 
                care services provided by the Department.
                    (C) Such recommendations for the 
                continuation or expansion of the pilot program 
                as the Secretary considers appropriate.

              Subtitle D--Fitness of Health Care Providers

SEC. 941. ADDITIONAL REQUIREMENTS FOR HIRING OF HEALTH CARE PROVIDERS 
                    BY DEPARTMENT OF VETERANS AFFAIRS.

    As part of the hiring process for each health care provider 
considered for a position at the Department of Veterans Affairs 
after the date of the enactment of the Act, the Secretary of 
Veterans Affairs shall require from the medical board of each 
State in which the health care provider has or had a medical 
license--
            (1) information on any violation of the 
        requirements of the medical license of the health care 
        provider during the 20-year period preceding the 
        consideration of the health care provider by the 
        Department; and
            (2) information on whether the health care provider 
        has entered into any settlement agreement for a 
        disciplinary charge relating to the practice of 
        medicine by the health care provider.

SEC. 942. PROVISION OF INFORMATION ON HEALTH CARE PROVIDERS OF 
                    DEPARTMENT OF VETERANS AFFAIRS TO STATE MEDICAL 
                    BOARDS.

    Notwithstanding section 552a of title 5, United States 
Code, with respect to each health care provider of the 
Department of Veterans Affairs who has violated a requirement 
of the medical license of the health care provider, the 
Secretary of Veterans Affairs shall provide to the medical 
board of each State in which the health care provider is 
licensed detailed information with respect to such violation, 
regardless of whether such board has formally requested such 
information.

SEC. 943. REPORT ON COMPLIANCE BY DEPARTMENT OF VETERANS AFFAIRS WITH 
                    REVIEWS OF HEALTH CARE PROVIDERS LEAVING THE 
                    DEPARTMENT OR TRANSFERRING TO OTHER FACILITIES.

    Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Veterans Affairs shall submit to the 
Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a report 
on the compliance by the Department of Veterans Affairs with 
the policy of the Department--
            (1) to conduct a review of each health care 
        provider of the Department who transfers to another 
        medical facility of the Department, resigns, retires, 
        or is terminated to determine whether there are any 
        concerns, complaints, or allegations of violations 
        relating to the medical practice of the health care 
        provider; and
            (2) to take appropriate action with respect to any 
        such concern, complaint, or allegation.

                       Subtitle E--Other Matters

SEC. 951. MODIFICATION TO LIMITATION ON AWARDS AND BONUSES.

    Section 705 of the Veterans Access, Choice, and 
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 
note) is amended to read as follows:

``SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF 
                    DEPARTMENT OF VETERANS AFFAIRS.

    ``(a) Limitation.--The Secretary of Veterans Affairs shall 
ensure that the aggregate amount of awards and bonuses paid by 
the Secretary in a fiscal year under chapter 45 or 53 of title 
5, United States Code, or any other awards or bonuses 
authorized under such title or title 38, United States Code, 
does not exceed the following amounts:
            ``(1) With respect to each of fiscal years 2017 
        through 2018, $230,000,000.
            ``(2) With respect to each of fiscal years 2019 
        through 2021, $225,000,000.
            ``(3) With respect to each of fiscal years 2022 
        through 2024, $360,000,000.
    ``(b) Sense of Congress.--It is the sense of Congress that 
the limitation under subsection (a) should not 
disproportionately impact lower-wage employees and that the 
Department of Veterans Affairs is encouraged to use bonuses to 
incentivize high-performing employees in areas in which 
retention is challenging.''.
      And the House agree to the same.
      That the Senate recede from its disagreement to the 
amendment of the House to the title of the bill and agree to 
the same with an amendment as follows:
      In lieu of the matter proposed to be inserted by the 
House amendment to the title of the bill, insert the following: 
``An Act to authorize the Attorney General and Secretary of 
Health and Human Services to award grants to address the 
prescription opioid abuse and heroin use crisis, and for other 
purposes.''.
      And the House agree to the same.
                For consideration of the Senate bill and the 
                House amendments, and modifications committed 
                to conference:
                                   Fred Upton,
                                   Joseph R. Pitts,
                                   Leonard Lance,
                                   Brett Guthrie,
                                   Adam Kinzinger,
                                   Larry Bucshon,
                                   Susan W. Brooks,
                                   Bob Goodlatte,
                                   F. James Sensenbrenner, Jr.,
                                   Lamar Smith,
                                   Tom Marino,
                                   Doug Collins,
                                   David A. Trott,
                                   Mike Bishop,
                                   Kevin McCarthy,
                From the Committee on Education and the 
                Workforce, for consideration of title VII of 
                the House amendment, and modifications 
                committed to conference:
                                   Lou Barletta,
                                   Earl L. ``Buddy'' Carter,
                From the Committee on Veterans' Affairs, for 
                consideration of title III of the House 
                amendment, and modifications committed to 
                conference:
                                   Gus M. Bilirakis,
                                   Jackie Walorski,
                From the Committee on Ways and Means, for 
                consideration of sec. 705 of the Senate bill, 
                and sec. 804 of the House amendment, and 
                modifications committed to conference:
                                   Patrick Meehan,
                                   Robert J. Dold,
                                 Managers on the Part of the House.

                                   Chuck Grassley,
                                   Lamar Alexander,
                                   Orrin G. Hatch,
                                   Jeff Sessions,
                                Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendments of the House to the bill (S. 524), to authorize 
the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use, submit 
the following joint statement to the House and the Senate in 
explanation of the effect of the action agreed upon by the 
managers and recommended in the accompanying conference report:
      The House amendment to the text of the bill struck all of 
the Senate bill after the enacting clause and inserted a 
substitute text.
      The Senate recedes from its disagreement to the amendment 
of the House with an amendment that is a substitute for the 
Senate bill and the House amendment. The differences between 
the Senate bill, the House amendment, and the substitute agreed 
to in conference are noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor drafting and clarifying 
changes.
      S. 524, the Comprehensive Addiction and Recovery Act 
(CARA), authorizes the Attorney General and the Secretary of 
Health and Human Services to award grants to address the 
national epidemics of addiction to heroin and prescription 
opioids, and makes various other changes to Federal law to 
combat opioid addiction and abuse.

                   TITLE I--PREVENTION AND EDUCATION

Section 101--Task force on pain management
      S. 524 included a task force to review best practices for 
chronic and acute pain management and prescribing pain 
medication. It was unclear which best practices the task force 
would review, modify, and update. The task force would have 
been required to convene not later than December 14, 2018, and 
within 180 days, modify and update such best practices, as 
appropriate, and amend them further, if appropriate, after 
soliciting and taking into consideration public comment. Not 
later than 90 days after that, the task force would have been 
required to submit a report to Congress, including a strategy 
for disseminating best practices as reviewed, modified, or 
updated.
      The House amendment included the same timeframes and 
underlying activities but added a number of participants to the 
task force. The House amendment also added considerations that 
the task force would have been required to take into account 
while reviewing, modifying, and updating best practices, 
several of which extended beyond the scope of chronic and acute 
pain management.
      Section 101 of the conference report requires the 
Secretary of Health and Human Services (HHS), within two years 
of enactment, to convene a task force comprised of federal 
agencies and non-governmental stakeholders to identify, review, 
and as appropriate, determine whether there are gaps or 
inconsistencies between best practices for chronic and acute 
pain management that have been developed or adopted by Federal 
agencies. The task force is required to consider a number of 
factors, existing research, and related efforts, and, within 
one year of convening, propose any updates to such best 
practices and recommendations on addressing gaps or 
inconsistencies after providing the public with at least 90 
days to submit comments. The task force would also develop a 
strategy for disseminating information about best practices 
prior to disbanding three years after enactment.
Section 102--Awareness campaigns
      Section 102 requires that the Secretary of HHS, as 
appropriate, to advance education and awareness of issues 
related to opioid abuse. The Secretary is directed to carry out 
these activities through existing programs and activities. The 
awareness campaigns should address information on prevention 
and detection of opioid abuse. Section 102 of S. 524 included a 
similar provision.
Section 103--Community-based coalition enhancement grants to address 
        local drug crises
      Section 103 authorizes the Office of National Drug 
Control Policy (ONDCP) to award grants to implement community-
wide prevention strategies for addressing the local drug crisis 
or emerging drug abuse issue in areas with high rates of opioid 
or methamphetamine abuse. The section authorizes the 
appropriation of $5 million for each of fiscal years 2017 
through 2021, and allows ONDCP to delegate authority for 
carrying out the grant program. Section 103 of S. 524 included 
a similar provision.
Section 104--Information materials and resources to prevent addiction 
        related to youth sports injuries
      Section 104 directs the Secretary of HHS to make 
publically available a report determining the extent to which 
informational materials and resources are available with 
respect to youth sports injuries for which opioids are 
potentially prescribed. The Secretary may then facilitate the 
development of materials if gaps are found in resources that 
are currently available. Teenage athletes who are prescribed an 
opioid are uniquely susceptible to opioid addiction. The House 
amendment included similar language.
Section 105--Assisting veterans with military emergency medical 
        training to meet requirements for becoming civilian health care 
        professionals
      Section 105 would award demonstration grants to states to 
streamline the licensure requirements for veterans who held 
military occupational specialties related to medical care or 
who completed certain military medical training to more easily 
meet civilian health care licensure requirements. The House 
amendment included similar language that applied only to 
military emergency medical technicians.
Section 106--FDA opioid action plan
      Section 106 requires that the Food and Drug 
Administration (FDA) consult with advisory committees prior to 
approval or labeling of certain new opioids in pediatric 
populations. FDA must also issue final guidance for generic 
drugs that claim abuse deterrence within 18 months of the date 
of enactment, and develop recommendations regarding educational 
programs for prescribers of opioids. The House amendment 
included similar language.
Section 107--Improving access to overdose treatment
      Currently, there are questions as to when co-prescribing 
or prescribing of opioid reversal drugs approved by the Federal 
Food, Drug and Cosmetic Act for emergency treatment of known or 
suspected opioid overdose is appropriate. Section 107 would 
allow the Secretary of HHS, the Secretary of Veterans Affairs 
(VA), and the Secretary of Defense, 180 days after enactment, 
to provide information to prescribers on co-prescribing or 
prescribing a drug or device for emergency treatment of known 
or suspected opioid overdose. It explicitly states that the 
best practices in this section are not to be construed as or to 
establish a medical standard of care. This section also 
establishes a grant program to increase access to opioid 
overdose treatment. The House amendment included similar 
language.
Section 108--NIH opioid research
      Section 108 allows the National Institutes of Health 
(NIH) to intensify and coordinate fundamental, translational, 
and clinical research with respect to the understanding of 
pain, the discovery and development of therapies for chronic 
pain, and the development of alternatives to opioids for 
effective pain treatments in order to advance the discovery and 
development of novel, safe, non-addictive, effective, and 
affordable pharmaceuticals and other therapies for chronic 
pain.
Section 109--National All Schedules Prescription Electronic Reporting 
        reauthorization
      Section 109 reauthorizes the National All Schedules 
Prescription Electronic Reporting (NASPER) Act within HHS to 
provide grants to states to establish, implement, and improve 
state-based prescription drug monitoring programs (PDMPs). 
NASPER first became law in 2005 but expired in 2010. CARA will 
extend funding for NASPER for five years at $10 million a year 
for FY 2017 through FY 2021. The House amendment included 
similar language.
Section 110--Opioid overdose reversal medication access and education 
        grant programs
      Section 110 would allow the Secretary of HHS to make 
grants available for states to implement standing orders for 
opioid reversal drugs approved by the Federal Food, Drug and 
Cosmetic Act for emergency treatment of known or suspected 
opioid overdose. These grants may target states that have a 
significantly higher per-capita rate of opioid overdoses than 
the national average. Each state that is awarded a grant under 
this program must submit a report to the Secretary of HHS 
evaluating the grant and the services that were provided. The 
House amendment included similar language.

                TITLE II--LAW ENFORCEMENT AND TREATMENT

Section 201--Comprehensive opioid abuse grant program
      Section 201 includes the provisions of Title II of the 
House amendment to S. 524. It creates a comprehensive grant 
program at the Department of Justice (DOJ) to address the 
problems of opioid addiction and abuse. Though there is no 
corresponding provision in S. 524 as passed by the Senate, the 
program created by this section includes several ``allowable 
uses'' that are similar to provisions in that bill. Minor 
changes have been made to the conference provisions for 
clarity. The allowable uses of grant funds include:
            (1) Alternatives to incarceration programs, which 
        replaces Section 201 of the Senate bill. The list of 
        allowable alternatives to incarceration programs is 
        very similar to the programs in the Senate bill, 
        including pre- and post-booking treatment programs such 
        as drug courts and veterans treatment courts, and 
        criminal justice training programs.
            (2) Collaboration between criminal justice agencies 
        and substance abuse systems, which is nearly identical 
        to Section 201 of the Senate bill;
            (3) Training for first responders in carrying and 
        administering opioid overdose reversal drugs and 
        purchasing such drugs for first responders who have 
        received training;
            (4) Investigative purposes related to the unlawful 
        distribution of opioids;
            (5) Medication-assisted treatment by criminal 
        justice agencies, which is highlighted in Section 302 
        of the Senate bill;
            (6) Prescription drug monitoring programs 
        administered by states;
            (7) Programs that address juvenile opioid abuse, 
        which does not have a Senate companion;
            (8) Initiatives to prevent pilfering of 
        prescription opioids, which does not have a Senate 
        companion;
            (9) Prescription drug take-back programs; and
            (10) Development of a jurisdiction's own 
        comprehensive opioid abuse reduction program.
      $103,000,000 is authorized to be appropriated for each of 
fiscal years 2017 through 2021 to carry out this grant program. 
This discretionary authorization is fully offset in accordance 
with the House's CUTGO protocol.
      This section also allows grantees to make subawards to 
local or regional nonprofit organizations, including faith-
based organizations, units of local government, and tribal 
organizations. This section would permit organizations that are 
private and nonprofit to receive subawards, including 
organizations that provide alternative complementary mental 
health services.
      This section requires that the Attorney General ensure 
equitable distribution of funds, taking into consideration the 
needs of underserved populations such as rural and tribal 
communities, and the prevalence of opioid abuse in a community. 
It also ensures that entities that provide services to pregnant 
women are eligible for grants under the Family-Based Substance 
Abuse Grant Program.
      Finally, this section directs the Government 
Accountability Office (GAO) to study and report on how federal 
agencies, including ONDCP, through grant programs, are 
addressing prevention, treatment, and recovery from substance 
abuse disorders on the part of adolescents and young adults.
Section 202--First responder training
      Section 201 of the conference report codifies an existing 
grant program at the Substance Abuse and Mental Health Services 
Administration (SAMSHA) to expand access to life-saving opioid 
overdose reversal drugs by supporting the purchase and 
distribution of opioid overdose reversal drugs and training for 
first responders and other key community sectors. S. 524 
included similar language.
Section 203--Prescription drug take-back expansion
      This section, identical to Section 203 of the Senate 
bill, authorizes the Attorney General, in coordination with the 
Administrator of the Drug Enforcement Administration (DEA), the 
Secretary of HHS, and the Director of ONDCP, to coordinate with 
certain entities in expanding or making available disposal 
sites for unwanted prescription medications. These entities 
include state and local law enforcement agencies, manufacturers 
and distributors of prescription medications, retail 
pharmacies, narcotic treatment programs, hospitals with on-site 
pharmacies, and long-term care facilities.

                   TITLE III--TREATMENT AND RECOVERY

Section 301--Evidence-based prescription opioid and heroin treatment 
        and interventions demonstration
      Section 301 of the conference report codifies an existing 
grant program at SAMHSA to support states in expanding access 
to addiction treatment services for individuals with an opioid 
use disorder, including evidence-based medication assisted 
treatment. This program is targeted toward areas where there is 
a high rate or a rapid increase in the use of heroin or other 
opioids, including rural areas. S. 524 included this language.
Section 302--Building communities of recovery
      Section 302 of the conference report allows HHS to 
provide grants to community organizations to develop, expand, 
and enhance recovery services and build connections between 
recovery networks, including physicians, the criminal justice 
system, employers, and other recovery support systems. Recovery 
services help individuals with a substance use disorder get and 
stay well and increase long-term recovery from substance use 
disorders. S. 524 included this language.
Section 303--Medication-assisted treatment for recovery from addiction
      The House amendment included provisions amending the 
Controlled Substances Act to permit nurse practitioners and 
physician assistants (NPs and PAs) who meet certain criteria to 
receive a waiver from SAMHSA to dispense certain drugs for 
maintenance or detoxification treatment in an office-based 
setting to up to 30 patients in the first year and up to 100 
patients after the first year and going forward. In states 
where NPs and PAs are required to practice in collaboration 
with, or under the supervision of a physician, such physician 
would also need to be a qualifying practitioner (i.e., have 
their own waiver from SAMHSA). This new authority for NPs and 
PAs would sunset three years after the date of enactment.
      Section 303 of the conference report includes similar 
operative language to the House amendment, though it requires 
the implementing regulations to be updated no later than 18 
months after the date of enactment and the new authority for 
NPs and PAs expires October 1, 2021. Further, this section 
would not preempt any state law that establishes a lower limit 
on the number of patients a qualifying practitioner can treat 
at any given time or requires a qualifying practitioner to 
comply with additional requirements relating to the dispensing 
of such drugs.

              TITLE IV--ADDRESING COLLATORAL CONSEQUENCES

Section 401--GAO report on recovery and collateral consequences
      This section directs GAO to submit a report to the Senate 
and House Judiciary Committees on recovery and the collateral 
consequences of drug-related criminal convictions within one 
year of the date of the Act's enactment. The report will study 
the collateral consequences for individuals with convictions 
for non-violent drug-related offenses and the effects of these 
collateral consequences on individuals in recovery on their 
ability to resume their personal and professional activities. 
The report will also discuss the policy bases and 
justifications for imposing these collateral consequences and 
provide perspectives on the potential for mitigating the effect 
of these collateral consequences on individuals in recovery.

  TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND 
                                VETERANS

Section 501--Improving treatment for pregnant and postpartum women
      Section 501 reauthorizes a grant program for residential 
treatment for pregnant and postpartum women who have an opioid 
use disorder. This program also provides services for the 
children of such women, including those who may be born with 
neonatal abstinence syndrome. It creates a new pilot program to 
enhance the flexibility of the funds so states can more broadly 
support family-based services for pregnant and postpartum women 
and their children. S. 524 included language to reauthorize 
this program and create a pilot program but at a lower 
authorized level than the language included in the House 
amendment.
Section 502--Veterans treatment courts
      The language in this section is drawn from the House 
amendment to S. 524, and replaces the language from Section 503 
of the Senate bill. However, consistent with the Senate bill, 
this section defines ``qualified veterans'' for purposes of the 
DOJ grant program as those who have served on active duty in 
any branch of the Armed Services and have been discharged under 
conditions other than dishonorable, unless the reason for the 
dishonorable discharge was attributable to a substance abuse 
disorder.
      Additionally, this section provides a definitional 
framework for ``peer-to peer'' programs, ``veterans treatment 
court'' programs, and ``veterans assistance'' programs that are 
eligible under this section. This section is cross-referenced 
in the ``alternatives to incarceration'' piece of section 201 
of the conference report, and should provide guidance on how 
grantees are to use grant funds received for veterans courts.
Section 503--Infant plan of safe care
      Section 503 incorporates text originally passed as part 
of the House amendment to S. 524 and responds to concerns about 
the increased number of infants born suffering from opioid 
withdrawal symptoms and ensures states are in compliance with 
the Child Abuse Prevention and Treatment Act (CAPTA). No 
corresponding provision was included in S. 524. This section 
requires the Department of HHS to review and confirm states 
have CAPTA policies in place as required under the law, 
strengthens protections for infants born with substance 
exposure by clarifying the intent of safe care plans, and 
requires the HHS Secretary to share best practices for 
developing plans to keep infants and their caregivers safe and 
healthy. It also improves accountability related to the care of 
infants and their families by requiring additional information 
be shared on incidents of infants exposed and their subsequent 
care. Additionally, it encourages the use of information made 
available through other child welfare laws in verifying CAPTA 
compliance. Finally, section 503 prevents HHS from adding new 
requirements to state assurances and plans.
Section 504--GAO report on Neonatal Abstinence Syndrome (NAS)
      Section 504 requires the Comptroller General of the 
United States to, one year after enactment, issue a report on 
neonatal abstinence syndrome (NAS), including information on 
the treatment for infants with NAS under Medicaid. 
Specifically, the report will examine what is known about the 
prevalence of NAS in the country; the Medicaid-reimbursable 
services available to treat NAS; the types of, and 
reimbursement for care settings in which infants with NAS 
receive care; and any federal policy barriers for treating 
infants with NAS and what is known about best practices for 
caring for infants with NAS. Similar language was included in 
the House amendment.

  TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS 
                       PRESCRIPTION OPIOID ABUSE

Section 601--State demonstration grants for comprehensive opioid abuse 
        response
      Section 601 of the conference report supports State 
efforts to combat opioid abuse by authorizing HHS to award 
grants to States and combinations of States to carry out a 
comprehensive opioid abuse response, including education, 
treatment, and recovery efforts, maintaining prescription drug 
monitoring programs, and efforts to prevent overdose deaths. S. 
524 included this language; there was no corresponding 
legislation in the House amendment.

                        TITLE VII--MISCELLANEOUS

Section 701--Grant accountability and evaluations
      This section combines language that originated in both 
the House and Senate on grant oversight. It requires the DOJ 
Inspector General, at his or her discretion, to conduct audits 
of covered grantees to prevent waste, fraud, and abuse of 
funds. This section prohibits grantees with unresolved audit 
findings from receiving grants in the following fiscal year, 
and prioritizes grantees that do not have unresolved audit 
findings. If a grantee nevertheless receives funds 
inappropriately, this section also compels DOJ to reimburse the 
Department of the Treasury for the amount awarded, and to seek 
to recoup the funds from the grantee.
      With respect to nonprofit organizations, this section 
prohibits nonprofits that hold money in offshore accounts for 
the purpose of avoiding certain federal taxes from receiving 
subawards from grant recipients. It also requires nonprofit 
organizations to disclose, in a grant application, the 
compensation of its board of directors. Finally, this section 
limits the use of grant funds for conference expenditures, and 
prevents the awarding of duplicative grants.
      This section also contains the provisions applicable to 
DOJ from Title VI of the House amendment to S. 524, the Opioid 
Program Evaluation (OPEN) Act, which did not have a Senate 
companion. It requires the Attorney General to complete an 
evaluation of the effectiveness of the Comprehensive Opioid 
Abuse Grant Program based upon the information reported by 
grantees not later than 5 years after the enactment of the Act. 
It requires the Attorney General to identify outcomes to be 
achieved under the Comprehensive Opioid Grant Abuse Program, 
and the metrics by which the achievement of such outcomes shall 
be determined, not later than 180 days after the enactment of 
the Act.
      This section provides that the Attorney General must 
require grantees and those receiving subawards to collect and 
annually report data on the activities conducted using their 
grant funding. It requires that the Attorney General publish 
the outcomes and metrics to be used to evaluate the program not 
later than 30 days after identifying such outcomes and metrics, 
and that the entity conducting the evaluation publish the 
results and issue a report to the House and Senate Judiciary 
Committees not later than 90 days after completion of the 
evaluation. It further requires the data collected from 
grantees to be published along with the report.
      Finally, this section requires that the Attorney General 
enter into an arrangement with the National Academy of 
Sciences--or another non-government entity with expertise in 
conducting and evaluating research pertaining to opioid use and 
abuse and drawing conclusions about overall opioid use and 
abuse on the basis of that research--to identify the outcomes 
to be achieved, the metrics by which performance will be 
evaluated, and the evaluation of the Comprehensive Opioid Abuse 
Grant Program.
      Section 701 also authorizes HHS to evaluate grants 
authorized within the Comprehensive Addiction Recovery Act and 
identify outcomes to be achieved by the programs, and metrics 
by which to measure those outcomes.
      This section also places restrictions on conference 
expenditures using funding under a grant program in this Act.
Section 702--Partial fill of Schedule II controlled substances
      Section 702 clarifies that if a doctor or patient 
requests a prescription for a Schedule II substance (such as an 
opioid) not be filled in its entirety, in accordance with state 
law; pharmacists are permitted to dispense only part of the 
prescription. This change could lead to fewer opioids being 
dispensed. The House amendment to CARA permitted more 
flexibility in filling Schedule II prescriptions such as 
opioids.
Section 703--Good Samaritan Assessment
      This section includes the provisions of Title V of the 
House amendment to S. 524, the Good Samaritan Assessment Act, 
which did not have a Senate companion. It directs the GAO to 
issue a report to the House and Senate Judiciary Committees, 
the House Oversight and Government Reform Committee, and the 
Senate Homeland Security and Governmental Affairs Committee, on 
the extent to which ONDCP has reviewed Good Samaritan laws and 
the findings from such a review; efforts by the ONDCP Director 
to encourage the enactment of Good Samaritan laws; and a 
compilation of Good Samaritan laws in effect in the States, the 
territories, and the District of Columbia.
      Currently, more than half the states and the District of 
Columbia have some form of Good Samaritan law on the books, to 
protect citizens who render help to someone in need--or, in the 
context of opioids, to exempt from criminal or civil liability 
someone who administers an opioid overdose reversal drug or 
device, such as naloxone, or who calls 911 to report an 
overdose.
      Given the widespread activity in state legislatures on 
this issue, and the differences between individual state 
statutes, this section directs GAO to study and report to 
Congress on the effects of the various Good Samaritan laws at 
the state level, and efforts by ONDCP to address the issue.
Section 704--Programs to prevent prescription drug abuse under Medicare 
        Parts C and D
      Section 704 would allow prescription drug plans in 
Medicare, including Medicare Part D plans as well as standalone 
Medicare Advantage Prescription Drug Plans, to develop a safe 
prescribing and dispensing program for beneficiaries that are 
at risk of abuse or diversion of drugs that are frequently 
abused or diverted. The provision allows the Secretary of HHS 
to work with private drug plan sponsors to facilitate the 
creation and management of ``lock-in'' programs to curb 
identified fraud, abuse, and misuse of prescribed medications 
while at the same time ensuring that legitimate beneficiary 
access to needed medications is not impeded.
      Such controls would prevent doctor/pharmacy shopping as 
well as duplicative and inappropriate drug therapies that can 
lead to prescription drug abuse. The conference report gives 
the Secretary responsibility to define an at-risk beneficiary 
using clinical guidelines developed in consultation with 
stakeholders. Plans would be able to identify enrolled Medicare 
beneficiaries deemed at high risk of abusing prescription 
drugs, and to limit such beneficiaries' choice of prescribers 
or pharmacies in order to better monitor their use of these 
medications. For example, restrictions might be placed on 
beneficiaries suspected of abusing or reselling certain 
controlled substances, but not placed on beneficiaries with 
cancer or other conditions for which those drugs are considered 
appropriate. Plan sponsors, under the conference report, would 
have to take into consideration where an at-risk beneficiary 
lives and works, as well as other relevant factors when 
assigning providers and pharmacies and would also consider the 
beneficiary's preferences unless it is deemed the cause of 
potential abuse. Plan sponsors also will have to comply with a 
number of beneficiary protections including ensuring access, 
notifications and disclosure requirements, as well as appeal 
rights. S. 524 included similar language.
Sections 705-707--Exempting abuse-deterrent formulations of 
        prescription drugs from the Medicaid additional rebate 
        requirement for new formulations of prescription drugs; 
        limiting disclosure of predictive modeling and other analytics 
        technologies to identify and prevent fraud, waste, and abuse; 
        and Medicaid improvement fund
      Sections 705-707 would exempt abuse deterrent 
formulations of opioid drugs (ADFs) from the definition of 
``line extension'' for the purpose of calculating Medicaid 
rebates. In its Opioids Action Plan, FDA said its goal is to 
``expand access to abuse deterrent formulations to discourage 
abuse.'' And in its ADF guidance to manufacturers, the agency 
has said it ``considers the development of these products a 
high public health priority.'' This policy was also included in 
the President's FY 2017 Budget, which noted that this statutory 
change would ``incentivize continued development of abuse 
deterrent formulations.''
      The budgetary impact of the ADF policy is being offset by 
a policy from the President's budget that prevents the public 
disclosure of program integrity algorithms used to identify and 
predict waste, fraud, and abuse in Medicare, Medicaid, and the 
Children's Health Insurance Program (CHIP) and places the 
remaining savings in a Medicaid Improvement Fund. The 
mathematical algorithms and predictive technologies the Centers 
for Medicare and Medicaid Services (CMS) uses in Medicare, 
Medicaid, and CHIP are vital to uncovering fraud, waste, and 
abuse. However, if various aspects of these algorithms were to 
become publicly known, fraudsters could utilize the information 
to re-direct their schemes to other areas of the Medicare, 
Medicaid, and CHIP programs or adjust their schemes to avoid 
detection. This policy would simply prevent the disclosure of 
these anti-fraud tools through FOIA-related laws while still 
allowing CMS and state Medicaid and CHIP programs to freely 
share algorithms and other predictive analytical tools.
      The conference provision is the same as the provision 
included in the House amendment.
Section 708--Sense of Congress regarding treatment of substance abuse 
        epidemics
      This section includes a Sense of Congress that decades of 
experience and research have demonstrated that a fiscally 
responsible approach to addressing the opioid abuse epidemic 
and other substance abuse epidemics requires treating such 
epidemics as a public health emergency emphasizing prevention, 
treatment, and recovery.

              TITLE VIII--KINGPIN DESIGNATION IMPROVEMENT

Section 801--Protection of classified information
      This section incorporates the provisions of Title IV of 
the House amendment to S. 524, which passed the House on May 
10, 2016, and its Senate companion, S. 2914, the ``Kingpin 
Designation Improvement Act.'' The section amends Section 804 
of the Foreign Narcotics Kingpin Designation Act to include 
language to protect classified information from disclosure 
during a federal court challenge by a designee.
      Under current law, the Treasury Department's Office of 
Foreign Assets Control (OFAC) uses the International Emergency 
Economic Powers Act (IEEPA) and the Foreign Narcotics Kingpin 
Designation Act (the ``Kingpin Act'') to target and apply 
sanctions to international narcotics traffickers and their 
organizations. The Kingpin Act is the principal mechanism by 
which OFAC sanctions foreign persons tied to global narcotics 
trafficking.
      OFAC's designations are often based upon classified 
information. Unlike in a related federal statute, the Kingpin 
Act does not contain such a mechanism to protect classified 
information from release during a ``de-listing'' process. That 
means OFAC may lose the opportunity to designate a high-level 
drug kingpin because it cannot risk the disclosure of 
classified information.
      This section clarifies that OFAC can submit classified 
information to defend its designations ex parte and in camera 
in the relevant U.S. district court, thereby ensuring 
classified information can be protected from disclosure.

                TITLE IX--DEPARTMENT OF VETERANS AFFAIRS

Section 901--Short title
      Includes the title ``Jason Simcakoski Memorial and 
Promise Act.''
Section 902--Definitions
      This section includes various definitions of terms used 
throughout Title IX.
Section 911--Improvement of opioid safety measures by the Department of 
        Veterans Affairs
      This provision requires the Secretary to expand the 
Opioid Safety Initiative to include all VA medical facilities 
within 180 days of enactment of this act, and would require 
that all VA employees who prescribe opioids receive education 
and training on pain management and safe opioid prescribing 
practices. The Secretary would also be required to establish 
enhanced standards with respect to the use of routine and 
random drug tests for all patients before and during opioid 
therapy. Directors of each medical facility will be required to 
designate a pain management team of health care professionals 
responsible for coordinating and overseeing pain management 
therapy and will provide an annual report identifying the 
members of the facility's pain management team, certification 
as to education and training, and compliance with the stepped-
care model or other pain management policies. This provision 
also requires participation in state prescription drug 
monitoring programs; a report on the feasibility and 
advisability of advanced real-time tracking of opioid use data 
in the Opioid Therapy Risk Report tool; an increase in the 
availability of opioid receptor antagonists such as naloxone 
and a report on compliance; inclusion in the Opioid Therapy 
Risk Report tool of information identifying when health care 
providers access the tool and the most recent urine drug test 
for each veteran; and notification of opioid abuse risk in the 
computerized patient record system.
      Both H.R. 4063 and S. 2921, as reported, included similar 
language.
Section 912--Strengthening of joint working group on pain management of 
        the Department of Veterans Affairs and the Department of 
        Defense
      H.R. 4063 and S. 2921, as reported, require that VA and 
the Department of Defense (DOD) ensure that the Health 
Executive Committee's Pain Management Working Group (PMWG) 
includes a focus on the opioid prescribing practices of health 
care providers of each Department; the ability of each 
Department to manage acute and chronic pain, including training 
health care providers with respect to pain management; the use 
by each Department of complementary and integrative health; the 
concurrent use by health care providers of each Department of 
opioids and prescription drugs to treat mental health 
disorders, including benzodiazepines; the use of care 
transition plans by health care providers of each Department to 
address case management issues for patients receiving opioid 
therapy who transition between inpatient and outpatient 
settings; coordination in coverage of and consistent access to 
medications prescribed for patients transitioning from 
receiving health care from DOD to VA; and the ability of each 
Department to screen, identify, and treat patients with 
substance use disorders who are seeking treatment for acute and 
chronic pain.
      This provision also ensures the PMWG coordinates its 
activities with other relevant working groups; consults with 
other relevant federal agencies, including the Centers for 
Disease Control and Prevention; consults with the VA and DOD 
with respect to the VA/DOD Clinical Practice Guideline for 
Management of Opioid Therapy for Chronic Pain; and reviews and 
comments on the guideline before any update to such guideline 
is released.
      This provision requires VA and DOD to jointly update the 
VA/DOD Clinical Practice Guideline for Management of Opioid 
Therapy for Chronic Pain within 180 days of enactment. This 
provision requires that the PMWG, in coordination with the 
Clinical Practice Guideline VA/DOD Management of Opioid Therapy 
for Chronic Pain Working Group, examine whether the guidelines 
should include numerous elements. The elements to be considered 
include, but are not limited to, enhanced guidance with respect 
to: opioid and other drug prescription practices; treatment of 
patients with behaviors or comorbidities that require co-
management of opioid therapy; patient status assessments 
conducted by providers; governance of the methodologies used by 
VA and DOD providers to taper opioid therapy; appropriate case 
management for opioid patients transitioning from an inpatient 
setting to an outpatient setting; appropriate case management 
for opioid patients transitioning from active duty to post-
military health care networks; how providers should discuss 
with patients options for pain management therapies before 
initiating opioid therapy; provision of evidence-based non-
opioid treatments within VA and DOD; and consideration of 
guidelines developed by CDC for safely prescribing opioids.
Section 913--Review, investigation, and report on use of opioids in 
        treatment by Department of Veterans Affairs
      This provision requires GAO, not later than 2 years after 
enactment, to submit a report on the Opioid Safety Initiative 
and the opioid prescribing practices of VA health care 
providers. This provision also requires semi-annual progress 
reports on the implementation of any GAO recommendations 
generated by this report. The Secretary must also review and 
report annually on the patient population receiving opioid 
therapy and the prescription rates of each medical facility and 
conduct investigations, through the Office of the Medical 
Inspector, on prescription rates that conflict with or are 
otherwise inconsistent with the standards of appropriate and 
safe care.
      Both H.R. 4063 and S. 2921, as reported, included similar 
language.
Section 914--Mandatory disclosure of certain veteran information to 
        state controlled substance monitoring programs
      This provision includes the H.R. 4063, as reported, 
language requiring that VA providers shall disclose certain 
veteran information to state controlled substance monitoring 
programs.
Section 915--Elimination of copayment requirement for veterans 
        receiving opioid antagonists or education on use of opioid 
        antagonists
      This provision includes the S. 2921, as reported, 
language that would eliminate the copayment requirement for 
veterans receiving opioid antagonists or education on the use 
of opioid antagonists.
Section 921--Community meetings on improving care furnished by 
        Department of Veterans Affairs
      This provision requires that, within 90 days of the 
enactment of this act, and quarterly thereafter, each VA 
medical facility hosts a public community meeting on improving 
VA health care; and within one year of the enactment of this 
act, and at least annually thereafter, that each community-
based outpatient clinic (CBOC) hosts such a community meeting. 
These meetings will require regular senior leadership 
attendance and notice will be given to the Committees on 
Veterans' Affairs of the House and of the Senate and the 
Members of Congress who represent the area in which the 
facility is located at least ten days in advance.
      Both H.R. 4063 and S. 2921, as reported, included similar 
language.
Section 922--Improvement of awareness of Patient Advocacy Program and 
        Patient Bill of Rights of Department of Veterans Affairs
      This provision would require, within 90 days of the 
enactment of this act, the display of, in as many prominent 
locations as the Secretary determines appropriate to be seen by 
the largest percentage of patients at each VA medical facility: 
(1) the purposes of the VA Patient Advocacy Program and the 
contact information for the patient advocate at each medical 
facility; and (2) the rights and responsibilities of patients 
and family members and, with respect to community living 
centers and other VA residential facilities.
      Both H.R. 4063 and S. 2921, as reported, included similar 
language.
Section 923--Comptroller General report on Patient Advocacy Programs of 
        Department of Veterans Affairs
      Both H.R. 4063 and S. 2921 require that, within two years 
of the enactment of this act, GAO submit a report on the VA 
Patient Advocacy Program to the Committees on Veterans' Affairs 
of the House and of the Senate. The report will include: (1) a 
description of the Program, including the Program's purpose, 
activities, and sufficiency in achieving its purpose; (2) an 
assessment of the sufficiency of the Program's staffing; (3) an 
assessment of the Program's employee training; (4) an 
assessment of veterans' and family members' awareness of and 
utilization of the Program; (5) recommendations for improving 
the Program; and (6) any other information the GAO considers 
appropriate.
      Both H.R. 4063 and S. 2921, as reported, included similar 
language.
Section 924--Establishment of office of patient advocacy of the 
        Department of Veterans Affairs
      This section establishes an office of patient advocacy 
within the Office of the Undersecretary for Health of the 
Department of Veterans Affairs. This office will ensure patient 
advocates appropriately advocate for veteran patients and are 
trained in their responsibilities.
Section 931--Expansion of research and education on and delivery of 
        complementary and integrative health to veterans
      H.R. 4063, as reported, establishes a Commission to 
examine the evidence-based therapy treatment model used by VA 
for treating mental health conditions of veterans and the 
potential benefits of incorporating complementary and 
integrative health as standard practice throughout the 
Department. The Commission would: (1) examine the efficacy of 
the evidence-based therapy model used by VA to treat mental 
health illnesses and identify areas of improvement; (2) conduct 
a patient-centered survey within each VISN to examine: the 
experiences of veterans with VA facilities regarding mental 
health care, the experiences of veterans with non-VA facilities 
regarding mental health care, the preferences of veterans 
regarding available treatment for mental health issues and 
which methods the veterans believe to be most effective, the 
experience, if any, of veterans with respect to the 
complementary and integrative health treatment therapies, the 
prevalence of prescribing medication to veterans seeking 
treatment for mental health disorders through VA, and the 
outreach efforts of VA regarding the availability of benefits 
and treatments for veterans for addressing mental health 
issues; (3) examine available research on complementary and 
integrative health for mental health disorders in areas of 
therapy including: music therapy, equine therapy, training and 
caring for service dogs, yoga therapy, acupuncture therapy, 
meditation therapy, outdoor sports therapy, hyperbaric oxygen 
therapy, accelerated resolution therapy, art therapy, magnetic 
resonance therapy, and others; (4) study the sufficiency of VA 
resources to deliver quality mental health care; and (5) study 
the current treatments and resources available within VA and 
assess: the effectiveness of such treatments and resources in 
decreasing the number of suicides per day by veterans, the 
number of veterans who have been diagnosed with mental health 
issues, the percentage of veterans who have completed VA 
counseling sessions, and the efforts of VA to expand 
complementary and integrative health treatments viable to the 
recovery of veterans with mental health issues as determined by 
the Secretary to improve the effectiveness of treatments 
offered by VA.
Section 932--Pilot program on integration of complementary and 
        integrative health and related issues for veterans and family 
        members of veterans
      The provision requires that the Secretary, informed by 
the Commission's findings, commence a pilot program to assess 
the feasibility and advisability of using wellness-based 
programs to complement pain management and related health care 
services. The pilot program would last for three years and be 
carried out at no fewer than 15 VA facilities providing pain 
management, two of which must be polytrauma centers. The 
Secretary should prioritize medical centers at which there is a 
prescription rate that is inconsistent with the standards of 
appropriate care when selecting medical centers for the pilot. 
The Secretary will report on findings and conclusions regarding 
the use and efficacy of complementary and integrative health 
services established under the pilot program, the outreach 
conducted by VA about the pilot, and an assessment of the 
benefit of the pilot program to covered veterans, as well as 
identify any unresolved barriers to VA's use of complementary 
and integrative medicine, and make recommendations for the 
continuation or expansion of the pilot program.
      Both H.R. 4063 and S. 2921, as reported, included similar 
language.
Section 941--Additional requirements for hiring of health care 
        providers by Department of Veterans Affairs
      This provision would require that, as part of the hiring 
process for all heath care providers considered for a position 
after the date of the enactment of this act, that the Secretary 
require from the medical board of the State in which the 
applicant is licensed: (1) information on any violations of the 
requirements of medical license over the previous 20 years; and 
(2) information on whether the provider has entered into any 
settlement agreements for disciplinary charges related to the 
practice of medicine.
      Both H.R. 4063 and S. 2921, as reported, included similar 
language.
Section 942--Provision of information on health care providers of 
        Department of Veterans Affairs to state medical boards
      This provision would require that VA provide to the 
medical board of each State in which the provider is licensed 
information regarding violations, regardless of whether the 
board has requested such information.
      Both H.R. 4063 and S. 2921, as reported, included similar 
language.
Section 943--Report on compliance by Department of Veterans Affairs 
        with reviews of health care providers leaving the department or 
        transferring to other facilities
      This provision would require that, within 180 days of the 
enactment of this act, that the Secretary submit to the 
Committees on Veterans' Affairs of the House and of the Senate 
a report on VA's compliance with VA policy to conduct a review 
of each provider who transfers from another VA medical 
facility, retires, or is terminated, and to take appropriate 
actions with respect to any concerns, complaints, or 
allegations against the provider.
      Both H.R. 4063 and S. 2921, as reported, included similar 
language.
Section 951--Modification to limitation on bonus and awards
      This provision limits the amounts of funds available for 
payment as bonuses and awards and directs those amounts now 
available within the budget toward the payment for the programs 
and services directed in this title.
      This section also includes a Sense of Congress that 
states the limitation under this subsection should not 
disproportionately impact lower-wage employees within the VA.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

      In compliance with clause 9(e), 9(f), and 9(g) of Rule 
XXI of the Rules of the House of Representatives, the 
conference report and joint explanatory statement contain no 
earmarks, limited tax benefits, or limited tariff benefits.

                 Constitutional Statement of Authority

      Congress has the power to enact this legislation pursuant 
to the following: Article I, Section 8, Clause 3 of the United 
States Constitution.

                For consideration of the Senate bill and the 
                House amendments, and modifications committed 
                to conference:
                                   Fred Upton,
                                   Joseph R. Pitts,
                                   Leonard Lance,
                                   Brett Guthrie,
                                   Adam Kinzinger,
                                   Larry Bucshon,
                                   Susan W. Brooks,
                                   Bob Goodlatte,
                                   F. James Sensenbrenner, Jr.,
                                   Lamar Smith,
                                   Tom Marino,
                                   Doug Collins,
                                   David A. Trott,
                                   Mike Bishop,
                                   Kevin McCarthy,
                From the Committee on Education and the 
                Workforce, for consideration of title VII of 
                the House amendment, and modifications 
                committed to conference:
                                   Lou Barletta,
                                   Earl L. ``Buddy'' Carter,
                From the Committee on Veterans' Affairs, for 
                consideration of title III of the House 
                amendment, and modifications committed to 
                conference:
                                   Gus M. Bilirakis,
                                   Jackie Walorski,
                From the Committee on Ways and Means, for 
                consideration of sec. 705 of the Senate bill, 
                and sec. 804 of the House amendment, and 
                modifications committed to conference:
                                   Patrick Meehan,
                                   Robert J. Dold,
                                 Managers on the Part of the House.

                                   Chuck Grassley,
                                   Lamar Alexander,
                                   Orrin G. Hatch,
                                   Jeff Sessions,
                                Managers on the Part of the Senate.

                                  [all]
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