I 

114TH CONGRESS 

1ST SESSION H. R. 2805 

To address prescription opioid abuse and heroin use. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 17, 2015 

Mrs. BROOKS of Indiana (for herself, Mr. KENNEDY, Mr. CARSON of Indiana, 

Mrs. WALORSKI, Mr. WHITFIELD, and Mr. MESSER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To address prescription opioid abuse and heroin use. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Heroin and Prescrip5 tion Opioid Abuse Prevention, Education, and Enforce6 ment Act of 2015’’. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 


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1 (1) The Controlled Substances Act (21 U.S.C. 

2 801 et seq.) declares that many controlled sub3 stances have a useful and legitimate medical purpose 

4 and are necessary to maintain the health and gen5 eral welfare of the people of the United States. 

6 (2) Health care professionals, medical experts, 

7 researchers, and scientists have found pain to be a 

8 major national health problem. 

9 (3) The responsible treatment of pain is a high 

10 priority for our Nation and the needs of individuals 

11 with pain must be taken into careful consideration 

12 when taking steps to prevent prescription drug mis13 use and abuse. 

14 (4) When no longer needed or wanted for legiti15 mate pain management or health treatment, pre16 scription opioids are susceptible to diversion. Pre17 scription opioids also may be abused by individuals 

18 who were not prescribed such drugs, or misused by 

19 individuals not taking such drugs as directed. 

20 (5) Approximately 4 out of 5 new heroin users 

21 report that they became addicted to prescription 

22 opioids before they used heroin for the first time. 

23 (6) According to the National Institute on Drug 

24 Abuse, heroin attaches to the same brain cell recep25 tors as prescription opioids. 


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1 (7) The low cost and high purity of currently 

2 available heroin has contributed to an increase in 

3 heroin use across the United States. 

4 (8) More people are using heroin, and are using 

5 heroin at a younger age. The National Survey on 

6 Drug Use and Health reports that new heroin users 

7 numbered 142,000 in 2010, and increased to 

8 178,000 in 2011. In 2011, the average age at first 

9 use among heroin abusers between 12 and 49 years 

10 was 22.1 years. In 2009, the average age at first use 

11 among heroin abusers between 12 and 49 years was 

12 25.5 years. 

13 (9) According to the Department of Health and 

14 Human Services, heroin use nationwide rose 79 per15 cent between 2007 and 2012. 

16 (10) Deaths from heroin overdose have signifi17 cantly increased in communities across the United 

18 States. According to the Centers for Disease Control 

19 and Prevention, the number of deaths involving her20 oin almost tripled between 2010 and 2013. From 

21 2010 to 2013, the number of heroin deaths rose 

22 from 3,036 to 8,257. 

23 (11) The Edward Byrne Memorial Justice As24 sistance Grant Program under part E of title I of 

25 the Omnibus Crime Control and Safe Streets Act of 


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1 1968 (42 U.S.C. 3750 et seq.) is critical to fighting 

2 the prescription opioid abuse and heroin use 

3 epidemics, and should be reauthorized and fully 

4 funded. 

5 SEC. 3. DEVELOPMENT OF BEST PRESCRIBING PRACTICES. 

6 (a) INTER-AGENCY TASK FORCE.—Not later than 

7 120 days after the date of enactment of this Act, the Sec8 retary of Health and Human Services (referred to in this 

9 section as the ‘‘Secretary’’), in cooperation with the Sec10 retary of Veterans Affairs, the Secretary of Defense, and 

11 the Administrator of the Drug Enforcement Administra12 tion, shall convene a Pain Management Best Practices 

13 Inter-Agency Task Force (referred to in this section as 

14 the ‘‘task force’’). 

15 (b) MEMBERSHIP.—The task force shall be com16 prised of— 

17 (1) representatives of— 

18 (A) the Department of Health and Human 

19 Services, including the Centers for Disease Con20 trol and Prevention; 

21 (B) the Department of Veterans Affairs; 

22 (C) the Department of Defense; 

23 (D) the Drug Enforcement Administration; 

24 (E) the Office of National Drug Control 

25 Policy; and 


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1 (F) the Institute of Medicine; and 

2 (2) the Director of the National Institutes of 

3 Health; 

4 (3) physicians, dentists, and non-physician pre5 scribers; 

6 (4) pharmacists; 

7 (5) experts in the fields of pain research and 

8 addiction research; 

9 (6) representatives of— 

10 (A) pain management professional organi11 zations; 

12 (B) the mental health treatment commu13 nity; 

14 (C) the addiction treatment community; 

15 and 

16 (D) pain advocacy groups; 

17 (7) a person in recovery from addiction to medi18 cation for chronic pain; 

19 (8) a person with chronic pain; and 

20 (9) other stakeholders, as the Secretary deter21 mines appropriate. 

22 (c) DUTIES.—The task force shall— 

23 (1) not later than 180 days after the date on 

24 which the task force is convened, develop best prac25 tices for pain management and prescription pain 


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1 medication prescribing practices, taking into consid2 eration— 

3 (A) existing pain management research; 

4 (B) recommendations from relevant con5 ferences; and 

6 (C) ongoing efforts at the State and local 

7 levels and by medical professional organizations 

8 to develop improved pain management strate9 gies; 

10 (2) solicit and take into consideration public 

11 comment on the best practices developed under para12 graph (1), amending such best practices if appro13 priate; and 

14 (3) develop a strategy for disseminating infor15 mation about the best practices developed under 

16 paragraphs (1) and (2) to prescribers, pharmacists, 

17 State medical boards, educational institutions that 

18 educate prescribers and pharmacists, and other par19 ties, as the Secretary determines appropriate. 

20 (d) LIMITATION.—The task force shall not have rule21 making authority. 

22 (e) REPORT.—Not later than 270 days after the date 

23 on which the task force is convened under subsection (a), 

24 the task force shall submit to Congress a report that in25 cludes— 


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1 (1) the strategy for disseminating best practices 

2 developed under subsection (c); 

3 (2) the results of a feasibility study on linking 

4 best practices developed under paragraphs (1) and 

5 (2) of subsection (c) to receiving and renewing reg6 istrations under section 303(f) of the Controlled 

7 Substances Act (21 U.S.C. 823(f)); and 

8 (3) recommendations on how to apply such best 

9 practices to improve prescribing practices at medical 

10 facilities, including medical facilities of the Veterans 

11 Health Administration. 

12 SEC. 4. AMENDMENTS TO CONTROLLED SUBSTANCE MONI13 TORING PROGRAM. 

14 Section 399O of the Public Health Service Act (42 

15 U.S.C. 280g–3) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1)— 

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

19 ‘‘or’’; 

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

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

22 and 

23 (iii) by adding at the end the fol24 lowing: 


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

2 State-controlled substance monitoring pro3 gram.’’; and 

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

5 Secretary’’ after ‘‘Grants awarded’’; 

6 (2) by amending subsection (b) to read as fol7 lows: 

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

9 shall maintain and, as appropriate, supplement or revise 

10 (after publishing proposed additions and revisions in the 

11 Federal Register and receiving public comments thereon) 

12 minimum requirements for criteria to be used by States 

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

14 (c)(1)(A).’’; 

15 (3) in subsection (c)— 

16 (A) in paragraph (1)(B)— 

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

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

19 ‘‘(a)(1)(B) or (a)(1)(C)’’; 

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

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

22 be improved or maintained’’; 

23 (iii) by redesignating clauses (iii) and 

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


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

2 following: 

3 ‘‘(iii) a plan to apply the latest ad4 vances in health information technology in 

5 order to incorporate prescription drug 

6 monitoring program data directly into the 

7 workflow of prescribers and dispensers to 

8 ensure timely access to patients’ controlled 

9 prescription drug history;’’; 

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

11 inserting before the semicolon at the end 

12 ‘‘and at least one health information tech13 nology system such as an electronic health 

14 records system, a health information ex15 change, or an e-prescribing system’’; and 

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

17 striking ‘‘public health’’ and inserting 

18 ‘‘public health or public safety’’; 

19 (B) in paragraph (3)— 

20 (i) by striking ‘‘If a State that sub21 mits’’ and inserting the following: 

22 ‘‘(A) IN GENERAL.—If a State that sub23 mits’’; 

24 (ii) by striking the period at the end 

25 and inserting ‘‘and include timelines for 


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1 full implementation of such interoper2 ability. The State shall also describe the 

3 manner in which it will achieve interoper4 ability between its monitoring program and 

5 health information technology systems, as 

6 allowable under State law, and include 

7 timelines for implementation of such inter8 operability.’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(B) MONITORING OF EFFORTS.—The 

12 Secretary shall monitor State efforts to achieve 

13 interoperability, as described in subparagraph 

14 (A).’’; 

15 (C) in paragraph (5)— 

16 (i) by striking ‘‘implement or im17 prove’’ and inserting ‘‘establish, improve, 

18 or maintain’’; and 

19 (ii) by adding at the end the fol20 lowing: ‘‘The Secretary shall redistribute 

21 any funds that are so returned among the 

22 remaining grantees under this section in 

23 accordance with the formula described in 

24 subsection (a)(2)(B).’’; 

25 (4) in subsection (d)— 


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1 (A) in the matter preceding paragraph 

2 (1)— 

3 (i) by striking ‘‘In implementing or 

4 improving’’ and all that follows through 

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

6 improving, or maintaining a controlled sub7 stance monitoring program under this sec8 tion, a State shall comply, or with respect 

9 to a State that applies for a grant under 

10 subparagraph (B) or (C) of subsection 

11 (a)(1)’’; and 

12 (ii) by striking ‘‘public health’’ and in13 serting ‘‘public health or public safety’’; 

14 and 

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

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

17 on— 

18 ‘‘(A) as appropriate, interoperability with 

19 the controlled substance monitoring programs 

20 of Federal departments and agencies; 

21 ‘‘(B) as appropriate, interoperability with 

22 health information technology systems such as 

23 electronic health records systems, health infor24 mation exchanges, and e-prescribing systems; 

25 and 


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

2 automatic, real-time or daily information about 

3 a patient when a practitioner (or the designee 

4 of a practitioner, where permitted) requests in5 formation about such patient.’’; 

6 (5) in subsections (e), (f)(1), and (g), by strik7 ing ‘‘implementing or improving’’ each place it ap8 pears and inserting ‘‘establishing, improving, or 

9 maintaining’’; 

10 (6) in subsection (f)— 

11 (A) in paragraph (1)— 

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

13 ‘‘misuse of a schedule II, III, or IV sub14 stance’’ and inserting ‘‘misuse of a con15 trolled substance included in schedule II, 

16 III, or IV of section 202(c) of the Con17 trolled Substance Act’’; and 

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

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

20 State health department,’’; and 

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

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

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

24 subsection (a) shall provide the Secretary with ag25 gregate data and other information determined by 


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1 the Secretary to be necessary to enable the Sec2 retary— 

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

4 program in achieving its purposes; or 

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

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

7 ‘‘(4) RESEARCH BY OTHER ENTITIES.—A de8 partment, program, or administration receiving non9 identifiable information under paragraph (1)(D) 

10 may make such information available to other enti11 ties for research purposes.’’; 

12 (7) by redesignating subsections (h) through 

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

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

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

16 inserting ‘‘subsection (j)’’; 

17 (9) by inserting after subsection (g) the fol18 lowing: 

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

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

21 shall take steps to— 

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

23 the State’s controlled substance monitoring system; 

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

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


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

2 abuse agency and substance abuse disorder services. 

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

4 In carrying out this section, the Secretary shall consult 

5 with the Attorney General of the United States and other 

6 relevant Federal officials to— 

7 ‘‘(1) ensure maximum coordination of controlled 

8 substance monitoring programs and related activi9 ties; and 

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

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

12 paragraph (7)— 

13 (A) in clause (ii), by inserting ‘‘; estab14 lished or strengthened initiatives to ensure link15 ages to substance use disorder services;’’ before 

16 ‘‘or affected patient access’’; and 

17 (B) in clause (iii), by inserting ‘‘and be18 tween controlled substance monitoring pro19 grams and health information technology sys20 tems,’’ before ‘‘, including an assessment’’; 

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

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

23 (12) by redesignating subsections (m) through 

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

25 (l) through (o), respectively; 


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

2 paragraph (12), by striking ‘‘establishment, imple3 mentation, or improvement’’ and inserting ‘‘estab4 lishment, improvement, or maintenance’’; 

5 (14) in subsection (n)— 

6 (A) in paragraph (5)— 

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

8 and inserting the following: ‘‘means— 

9 ‘‘(A) the ability’’; 

10 (ii) by striking the period at the end 

11 and inserting ‘‘; or’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(B) sharing of State controlled substance 

15 monitoring program information with a health 

16 information technology system such as an elec17 tronic health records system, a health informa18 tion exchange, or an e-prescribing system.’’; 

19 (B) in paragraph (7), by striking ‘‘phar20 macy’’ and inserting ‘‘pharmacist’’; and 

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

22 District of Columbia’’ and inserting ‘‘, the Dis23 trict of Columbia, and any commonwealth or 

24 territory of the United States’’; and 


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1 (15) by amending subsection (o), as redesig2 nated by paragraph (12), to read as follows: 

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

4 carry out this section, there is authorized to be appro5 priated $10,000,000 for each of fiscal years from 2016 

6 through 2020.’’. 

7 SEC. 5. REAUTHORIZATION OF BYRNE JUSTICE ASSIST8 ANCE GRANT PROGRAM. 

9 Section 508 of title I of the Omnibus Crime Control 

10 and Safe Streets Act of 1968 (42 U.S.C. 3758) is amend11 ed by striking ‘‘2006 through 2012’’ and inserting ‘‘2016 

12 through 2020’’. 

13 SEC. 6. AWARENESS CAMPAIGNS. 

14 (a) IN GENERAL.—The Secretary of Health and 

15 Human Services shall advance the education and aware16 ness of the public, providers, patients, and other appro17 priate stakeholders regarding the risk of abuse of prescrip18 tion opioid drugs if such products are not taken as pre19 scribed. 

20 (b) DRUG-FREE MEDIA CAMPAIGN.— 

21 (1) IN GENERAL.—The Office of National Drug 

22 Control Policy, in coordination with the Secretary of 

23 Health and Human Services and the Attorney Gen24 eral, shall establish a national drug awareness cam25 paign. 


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1 (2) REQUIREMENTS.—The national drug aware2 ness campaign under paragraph (1) shall— 

3 (A) take into account the association be4 tween prescription opioid abuse and heroin use; 

5 (B) emphasize the similarities between her6 oin and prescription opioids and the effects of 

7 heroin and prescription opioids on the human 

8 body; and 

9 (C) bring greater public awareness to the 

10 dangerous effects of fentanyl when mixed with 

11 heroin or abused in a similar manner. 

12 (3) AVAILABLE FUNDS.—Funds for the na13 tional drug awareness campaign may be derived 

14 from amounts appropriated to the Office of National 

15 Drug Control Policy and otherwise available for obli16 gation and expenditure. 

17 SEC. 7. NALOXONE DEMONSTRATION GRANTS. 

18 (a) DEFINITIONS.—In this section— 

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

20 unit of local government, or a tribal government; 

21 (2) the term ‘‘first responder’’ includes fire22 fighters, law enforcement officers, paramedics, emer23 gency medical technicians, and other individuals (in24 cluding employees of legally organized and recog25 nized volunteer organizations, whether compensated 


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1 or not), who, in the course of professional duties, re2 spond to fire, medical, hazardous material, or other 

3 similar emergencies; and 

4 (3) the term ‘‘opioid overdose reversal drug’’ 

5 means a drug that, when administered, reverses in 

6 whole or part the pharmacological effects of an 

7 opioid overdose in the human body. 

8 (b) PROGRAM AUTHORIZED.—The Attorney General, 

9 in coordination with the Secretary of Health and Human 

10 Services and the Director of the Office of National Drug 

11 Control Policy, may make grants to eligible entities to cre12 ate not more than 8 demonstration programs to allow 

13 properly trained first responders to prevent prescription 

14 opioid and heroin overdose death by administering an 

15 opioid overdose reversal drug to an individual who has ex16 perienced overdose or who has been determined to have 

17 likely experienced overdose. 

18 (c) APPLICATION.— 

19 (1) IN GENERAL.—To be eligible to receive a 

20 grant under this section, an entity shall submit an 

21 application to the Attorney General, at such time, in 

22 such manner, and accompanied by such information 

23 as the Attorney General shall require, and— 

24 (A) that meets the criteria for selection 

25 under paragraph (2); and 


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1 (B) that describes— 

2 (i) the evidence-based methodology 

3 and outcome measures that will be used to 

4 evaluate the program funded with a grant 

5 under this section, and specifically explain 

6 how such measurements will provide valid 

7 measures of the impact of the program; 

8 (ii) how the program could be broadly 

9 replicated if demonstrated to be effective; 

10 (iii) how the eligible entity will coordi11 nate with their corresponding State sub12 stance abuse agency to identify protocols 

13 and resources that are available to victims 

14 and families, including information on 

15 treatment and recovery resources; and 

16 (iv) how the demonstration program 

17 will continue with State, local, or private 

18 funding after the expiration of the grant. 

19 (2) CRITERIA FOR SELECTION.—The Attorney 

20 General may award grants to eligible entities that 

21 demonstrate an institutional need for technical sup22 port and lack existing infrastructure in order to im23 plement and train first responders to carry out a 

24 demonstration program under paragraph (b). 


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1 (3) PRIORITY CONSIDERATION.—In awarding 

2 grants under this section, the Attorney General shall 

3 give priority to an eligible entity located in a State 

4 that provides civil liability protection for first re5 sponders administering an opioid overdose reversal 

6 drug to counteract opioid overdoses by— 

7 (A) enacting legislation that provides such 

8 civil liability protection; and 

9 (B) providing a certification by the attor10 ney general of the State that the attorney gen11 eral has— 

12 (i) reviewed any applicable civil liabil13 ity protection law to determine the applica14 bility of the law with respect to first re15 sponders who may administer an opioid 

16 overdose reversal drug to individuals rea17 sonably believed to be suffering from 

18 opioid overdose; and 

19 (ii) concluded that the law described 

20 in subparagraph (A) provides adequate 

21 civil liability protection applicable to such 

22 persons. 

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

24 grant received under this section to— 


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1 (1) make an opioid overdose reversal drug, 

2 which may include naloxone, available to be carried 

3 and administered by first responders; 

4 (2) train and provide resources for first re5 sponders, on carrying and administrating such 

6 opioid overdose reversal drug for the prevention of 

7 prescription opioid and heroin overdose deaths; and 

8 (3) establish processes, protocols, and mecha9 nisms for referral to treatment. 

10 (e) TECHNICAL SUPPORT.—The Attorney General 

11 shall provide individualized technical support, as re12 quested, to grant recipients under this section to assist 

13 with implementation of the demonstration program. 

14 (f) GRANT DURATION.—A demonstration project 

15 grant shall be for a period of 3 years. 

16 (g) EVALUATION.—Following the first grant year, a 

17 recipient of a grant awarded under this section shall re18 port to the Attorney General on an annual basis — 

19 (1) the number of first responders equipped 

20 with an opioid overdose reversal drug for the preven21 tion of fatal prescription opioid and heroin overdose; 

22 (2) the number of prescription opioid and her23 oin overdoses reversed by first responders; 

24 (3) the number of calls for service related to 

25 prescription opioid and heroin overdose; and 


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1 (4) the extent to which overdose victims and 

2 families receive information about treatment services 

3 and available data describing treatment admissions. 

4 (h) REPORT TO CONGRESS.—The Attorney General 

5 shall submit an annual report to the appropriate commit6 tees of Congress aggregating the data received from the 

7 grant recipients and evaluating the outcomes achieved by 

8 the demonstration projects funded under this section. 

9 SEC. 8. OFFSET. 

10 It is the sense of Congress that the amounts ex11 pended to carry out this Act and the amendments made 

12 by this Act should be offset by a corresponding reduction 

13 in Federal non-defense discretionary spending. 

Æ 


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