II 

114TH CONGRESS 

1ST SESSION S. 1134 

To address prescription opioid abuse and heroin use. 

IN THE SENATE OF THE UNITED STATES 

APRIL 29, 2015 

Ms. AYOTTE (for herself and Mr. DONNELLY) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

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: 

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

10 801 et seq.) declares that many controlled sub11 stances have a useful and legitimate medical purpose 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 1134 IS

1 and are necessary to maintain the health and gen2 eral welfare of the people of the United States. 

3 (2) Health care professionals, medical experts, 

4 researchers, and scientists have found pain to be a 

5 major national health problem. 

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

7 priority for our Nation and the needs of individuals 

8 with pain must be taken into careful consideration 

9 when taking steps to prevent prescription drug mis10 use and abuse. 

11 (4) When no longer needed or wanted for legiti12 mate pain management or health treatment, pre13 scription opioids are susceptible to diversion. Pre14 scription opioids also may be abused by individuals 

15 who were not prescribed such drugs, or misused by 

16 individuals not taking such drugs as directed. 

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

18 report that they became addicted to prescription 

19 opioids before they used heroin for the first time. 

20 (6) According to the National Institute on Drug 

21 Abuse, heroin attaches to the same brain cell recep22 tors as prescription opioids. 

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

24 available heroin has contributed to an increase in 

25 heroin use across the United States. 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•S 1134 IS

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

2 heroin at a younger age. The National Survey on 

3 Drug Use and Health reports that new heroin users 

4 numbered 142,000 in 2010, and increased to 

5 178,000 in 2011. In 2011, the average age at first 

6 use among heroin abusers between 12 and 49 years 

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

8 among heroin abusers between 12 and 49 years was 

9 25.5 years. 

10 (9) According to the Department of Health and 

11 Human Services, heroin use nationwide rose 79 per12 cent between 2007 and 2012. 

13 (10) Deaths from heroin overdose have signifi14 cantly increased in communities across the United 

15 States. According to the Centers for Disease Control 

16 and Prevention, the number of deaths involving her17 oin almost tripled between 2010 and 2013. From 

18 2010 to 2013, the number of heroin deaths rose 

19 from 3,036 to 8,257. 

20 (11) The Edward Byrne Memorial Justice As21 sistance Grant Program under part E of title I of 

22 the Omnibus Crime Control and Safe Streets Act of 

23 1968 (42 U.S.C. 3750 et seq.) is critical to fighting 

24 the prescription opioid abuse and heroin use 

mstockstill on DSK4VPTVN1PROD with BILLS

4 

•S 1134 IS

1 epidemics, and should be reauthorized and fully 

2 funded. 

3 SEC. 3. DEVELOPMENT OF BEST PRESCRIBING PRACTICES. 

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

5 120 days after the date of enactment of this Act, the Sec6 retary of Health and Human Services (referred to in this 

7 section as the ‘‘Secretary’’), in cooperation with the Sec8 retary of Veterans Affairs, the Secretary of Defense, and 

9 the Administrator of the Drug Enforcement Administra10 tion, shall convene a Pain Management Best Practices 

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

12 the ‘‘task force’’). 

13 (b) MEMBERSHIP.—The task force shall be com14 prised of— 

15 (1) representatives of— 

16 (A) the Department of Health and Human 

17 Services, including the Centers for Disease Con18 trol and Prevention; 

19 (B) the Department of Veterans Affairs; 

20 (C) the Department of Defense; 

21 (D) the Drug Enforcement Administration; 

22 (E) the Office of National Drug Control 

23 Policy; and 

24 (F) the Institute of Medicine; 

mstockstill on DSK4VPTVN1PROD with BILLS

5 

•S 1134 IS

1 (2) the Director of the National Institutes of 

2 Health; 

3 (3) physicians, dentists, and non-physician pre4 scribers; 

5 (4) pharmacists; 

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

7 addiction research; 

8 (6) representatives of— 

9 (A) pain management professional organi10 zations; 

11 (B) the mental health treatment commu12 nity; 

13 (C) the addiction treatment community; 

14 and 

15 (D) pain advocacy groups; and 

16 (7) other stakeholders, as the Secretary deter17 mines appropriate. 

18 (c) DUTIES.—The task force shall— 

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

20 which the task force is convened, develop best prac21 tices for pain management and prescription pain 

22 medication prescribing practices, taking into consid23 eration— 

24 (A) existing pain management research; 

mstockstill on DSK4VPTVN1PROD with BILLS

6 

•S 1134 IS

1 (B) recommendations from relevant con2 ferences; and 

3 (C) ongoing efforts at the State and local 

4 levels and by medical professional organizations 

5 to develop improved pain management strate6 gies; 

7 (2) solicit and take into consideration public 

8 comment on the best practices developed under para9 graph (1), amending such best practices if appro10 priate; and 

11 (3) develop a strategy for disseminating infor12 mation about the best practices developed under 

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

14 State medical boards, and other parties, as the Sec15 retary determines appropriate. 

16 (d) LIMITATION.—The task force shall not have rule17 making authority. 

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

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

20 the task force shall submit to Congress a report that in21 cludes— 

22 (1) the strategy for disseminating best practices 

23 developed under subsection (c); 

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

25 best practices developed under paragraphs (1) and 

mstockstill on DSK4VPTVN1PROD with BILLS

7 

•S 1134 IS

1 (2) of subsection (c) to receiving and renewing reg2 istrations under section 303(f) of the Controlled 

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

4 (3) recommendations on how to apply such best 

5 practices to improve prescribing practices at medical 

6 facilities, including medical facilities of the Veterans 

7 Health Administration. 

8 SEC. 4. HAROLD ROGERS PRESCRIPTION DRUG MONI9 TORING PROGRAM. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—To carry 

11 out the Harold Rogers Prescription Drug Monitoring Pro12 gram established under the Departments of Commerce, 

13 Justice, and State, the Judiciary, and Related Agencies 

14 Appropriations Act, 2002 (Public Law 107–77; 115 Stat. 

15 748), there is authorized to be appropriated $9,000,000 

16 for each of fiscal years 2016 through 2020. 

17 (b) GAO REPORT.—Not later than 1 year after the 

18 date of enactment of this Act, the Comptroller General 

19 of the United States shall submit to Congress a report 

20 evaluating the effectiveness of the Harold Rogers Pre21 scription Drug Monitoring Program in reducing prescrip22 tion drug abuse, and, to the extent practicable, any cor23 responding increase or decrease in the use of heroin. 

mstockstill on DSK4VPTVN1PROD with BILLS

8 

•S 1134 IS

1 SEC. 5. REAUTHORIZATION OF BYRNE JUSTICE ASSIST2 ANCE GRANT PROGRAM. 

3 Section 508 of title I of the Omnibus Crime Control 

4 and Safe Streets Act of 1968 (42 U.S.C. 3758) is amend5 ed by striking ‘‘2006 through 2012’’ and inserting ‘‘2016 

6 through 2020’’. 

7 SEC. 6. AWARENESS CAMPAIGNS. 

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

9 Human Services shall advance the education and aware10 ness of the public, providers, patients, and other appro11 priate stakeholders regarding the risk of abuse of prescrip12 tion opioid drugs if such products are not taken as pre13 scribed. 

14 (b) DRUG-FREE MEDIA CAMPAIGN.— 

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

16 Control Policy, in coordination with the Secretary of 

17 Health and Human Services and the Attorney Gen18 eral, shall establish a national drug awareness cam19 paign. 

20 (2) REQUIREMENTS.—The national drug aware21 ness campaign under paragraph (1) shall— 

22 (A) take into account the association be23 tween prescription opioid abuse and heroin use; 

24 (B) emphasize the similarities between her25 oin and prescription opioids and the effects of 

mstockstill on DSK4VPTVN1PROD with BILLS

9 

•S 1134 IS

1 heroin and prescription opioids on the human 

2 body; and 

3 (C) bring greater public awareness to the 

4 dangerous effects of fentanyl when mixed with 

5 heroin or abused in a similar manner. 

6 (3) AVAILABLE FUNDS.—Funds for the na7 tional drug awareness campaign may be derived 

8 from amounts appropriated to the Office of National 

9 Drug Control Policy and otherwise available for obli10 gation and expenditure. 

11 SEC. 7. NALOXONE DEMONSTRATION GRANTS. 

12 (a) DEFINITIONS.—In this section— 

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

14 unit of local government, or a tribal government; 

15 (2) the term ‘‘first responder’’ includes fire16 fighters, law enforcement officers, paramedics, emer17 gency medical technicians, and other individuals (in18 cluding employees of legally organized and recog19 nized volunteer organizations, whether compensated 

20 or not), who, in the course of professional duties, re21 spond to fire, medical, hazardous material, or other 

22 similar emergencies; and 

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

24 means a drug that, when administered, reverses in 

mstockstill on DSK4VPTVN1PROD with BILLS

10 

•S 1134 IS

1 whole or part the pharmacological effects of an 

2 opioid overdose in the human body. 

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

4 in coordination with the Secretary of Health and Human 

5 Services and the Director of the Office of National Drug 

6 Control Policy, may make grants to eligible entities to cre7 ate not more than 8 demonstration programs to allow 

8 properly trained first responders to prevent prescription 

9 opioid and heroin overdose death by administering an 

10 opioid overdose reversal drug to an individual who has ex11 perienced overdose or who has been determined to have 

12 likely experienced overdose. 

13 (c) APPLICATION.— 

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

15 grant under this section, an entity shall submit an 

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

17 such manner, and accompanied by such information 

18 as the Attorney General shall require, and— 

19 (A) that meets the criteria for selection 

20 under paragraph (2); and 

21 (B) that describes— 

22 (i) the evidence-based methodology 

23 and outcome measures that will be used to 

24 evaluate the program funded with a grant 

25 under this section, and specifically explain 

mstockstill on DSK4VPTVN1PROD with BILLS

11 

•S 1134 IS

1 how such measurements will provide valid 

2 measures of the impact of the program; 

3 (ii) how the program could be broadly 

4 replicated if demonstrated to be effective; 

5 (iii) how the eligible entity will coordi6 nate with their corresponding State sub7 stance abuse agency to identify protocols 

8 and resources that are available to victims 

9 and families, including information on 

10 treatment and recovery resources; and 

11 (iv) how the demonstration program 

12 will continue with State, local, or private 

13 funding after the expiration of the grant. 

14 (2) CRITERIA FOR SELECTION.—The Attorney 

15 General may award grants to eligible entities that 

16 demonstrate an institutional need for technical sup17 port and lack existing infrastructure in order to im18 plement and train first responders to carry out a 

19 demonstration program under paragraph (b). 

20 (3) PRIORITY CONSIDERATION.—In awarding 

21 grants under this section, the Attorney General shall 

22 give priority to an eligible entity located in a State 

23 that provides civil liability protection for first re24 sponders administering an opioid overdose reversal 

25 drug to counteract opioid overdoses by— 

mstockstill on DSK4VPTVN1PROD with BILLS

12 

•S 1134 IS

1 (A) enacting legislation that provides such 

2 civil liability protection; and 

3 (B) providing a certification by the attor4 ney general of the State that the attorney gen5 eral has— 

6 (i) reviewed any applicable civil liabil7 ity protection law to determine the applica8 bility of the law with respect to first re9 sponders who may administer an opioid 

10 overdose reversal drug to individuals rea11 sonably believed to be suffering from 

12 opioid overdose; and 

13 (ii) concluded that the law described 

14 in subparagraph (A) provides adequate 

15 civil liability protection applicable to such 

16 persons. 

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

18 grant received under this section to— 

19 (1) make an opioid overdose reversal drug, 

20 which may include naloxone, available to be carried 

21 and administered by first responders; 

22 (2) train and provide resources for first re23 sponders, on carrying and administrating such 

24 opioid overdose reversal drug for the prevention of 

25 prescription opioid and heroin overdose deaths; and 

mstockstill on DSK4VPTVN1PROD with BILLS

13 

•S 1134 IS

1 (3) establish processes, protocols, and mecha2 nisms for referral to treatment. 

3 (e) TECHNICAL SUPPORT.—The Attorney General 

4 shall provide individualized technical support, as re5 quested, to grant recipients under this section to assist 

6 with implementation of the demonstration program. 

7 (f) GRANT DURATION.—A demonstration project 

8 grant shall be for a period of 3 years. 

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

10 recipient of a grant awarded under this section shall re11 port to the Attorney General on an annual basis — 

12 (1) the number of first responders equipped 

13 with an opioid overdose reversal drug for the preven14 tion of fatal prescription opioid and heroin overdose; 

15 (2) the number of prescription opioid and her16 oin overdoses reversed by first responders; 

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

18 prescription opioid and heroin overdose; and 

19 (4) the extent to which overdose victims and 

20 families receive information about treatment services 

21 and available data describing treatment admissions. 

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

23 shall submit an annual report to the appropriate commit24 tees of Congress aggregating the data received from the 

mstockstill on DSK4VPTVN1PROD with BILLS

14 

•S 1134 IS

1 grant recipients and evaluating the outcomes achieved by 

2 the demonstration projects funded under this section. 

3 SEC. 8. OFFSET. 

4 It is the sense of Congress that the amounts ex5 pended to carry out this Act and the amendments made 

6 by this Act should be offset by a corresponding reduction 

7 in Federal non-defense discretionary spending. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS