I 

114TH CONGRESS 

2D SESSION H. R. 5432 

To prevent the abuse of opiates, to improve response and treatment for 

the abuse of opiates and related overdoses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2016 

Mr. JOYCE (for himself and Mr. RYAN of Ohio) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on the Judiciary, Oversight and Government 

Reform, and Armed Services, 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 prevent the abuse of opiates, to improve response and 

treatment for the abuse of opiates and related overdoses, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stem the Tide of Over5 dose Prevalence from Opiate Drugs Act of 2016’’ or as 

6 the ‘‘STOP OD Act of 2016’’. 

7 SEC. 2. SENSE OF CONGRESS. 

8 Congress finds as follows: 

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1 (1) The increase in fentanyl-related uninten2 tional overdose fatalities presents another life-threat3 ening scenario for its victims and threatens first-re4 sponders. 

5 (2) The U.S. Sentencing Commission— 

6 (A) ought to consider the presence of 

7 fentanyl in connection to the illicit distribution 

8 of an illicit substance, as a cutting agent; and 

9 (B) if fentanyl is present as a cutting 

10 agent or in its pure form, may consider such 

11 presence as an aggravating factor at sen12 tencing. 

13 (3) Better identification and reporting practices 

14 by medical examiners and coroners to identify 

15 fentanyl in an overdose mortality will help the States 

16 and the Federal Government to allocate resources 

17 more accurately. Those findings ought to be con18 fidential but for any aggregate data released by the 

19 appropriate government agency. 

20 (4) Congress encourages States to expand 

21 training opportunities to first responders to admin22 ister naloxone. 

23 (5) Eliminating the civil liability of first re24 sponders administering naloxone would save lives 

25 and protect our emergency personnel. 

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1 SEC. 3. EXPANSION OF EDUCATIONAL CAMPAIGN GRANTS. 

2 (a) IN GENERAL.—For each of fiscal years 2017 and 

3 2018, the Director of the Centers for Disease Control and 

4 Prevention, in consultation with the Director of the Office 

5 of National Drug Control Policy, may make not more than 

6 $75,000,000 in grants to eligible grantees for the fol7 lowing purposes: 

8 (1) Expansion of educational efforts to prevent 

9 abuse of opiates including heroin. 

10 (2) Promotion of treatment and recovery of per11 sons who abuse such substances. 

12 (3) Efforts to promote understanding of addic13 tion as a chronic disease. 

14 (b) ELIGIBLE GRANTEES.—A grant under this sec15 tion may be made only to the following entities: 

16 (1) A State, with grants first being awarded to 

17 States with laws in effect that provide for immunity 

18 from civil liability for first responders and health 

19 professionals who administer naloxone in the course 

20 of their duty to counteract opiate overdoses. 

21 (2) A local government. 

22 (3) A nonprofit organization. 

23 (4) An organization that has received a grant 

24 under the Drug-Free Communities Act of 1997 to 

25 implement a comprehensive community-wide strategy 

26 that addresses a local drug crisis. 

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1 (c) AMOUNT OF GRANTS.—The amount of a grant 

2 under this section to an eligible grantee for a fiscal year 

3 may not be more than $100,000. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

5 out this section, there are authorized to be appropriated 

6 $75,000,000 for each of fiscal years 2017 and 2018. 

7 SEC. 4. GRANTS FOR NALOXONE, TRAINING IN THE ADMIN8 ISTRATION OF NALOXONE, AND TESTING FOR 

9 FENTANYL. 

10 (a) IN GENERAL.—For each of fiscal years 2017 and 

11 2018, the Secretary of Health and Human Services, in 

12 consultation with the Director of the Office of National 

13 Drug Control Policy, may make grants to eligible appli14 cants to— 

15 (1) make naloxone available to be carried and 

16 administered by first responders in the course of 

17 their official duties; 

18 (2) train and provide resources for first re19 sponders for carrying and administering naloxone in 

20 the course of their official duties to prevent deaths 

21 from opiate (including heroin) overdoses; 

22 (3) establish processes, protocols, and mecha23 nisms for referral to treatment for opiate abuse; and 

24 (4) provide rebates for the testing of fentanyl in 

25 unintentional overdoses on opiates and report the remstockstill on DSK3G9T082PROD with BILLS

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1 sults of such testing to the Centers for Disease Con2 trol and Prevention. 

3 (b) ELIGIBLE APPLICANT.—A grant under this sec4 tion may be made only to a State or local government, 

5 or a nonprofit organization, that submits an application 

6 that includes the following: 

7 (1) A description of the evidence-based method8 ology and outcome measurements that will be used 

9 to evaluate any program funded by the eligible appli10 cant with a grant under this section, and a specific 

11 explanation of how such measurements will provide 

12 valid measures of the impact of the program. 

13 (2) A description of how the program could be 

14 broadly replicated if demonstrated to be effective. 

15 (3) An identification of the governmental and 

16 community agencies with respect to which the eligi17 ble applicant will provide coordination carrying out 

18 the program. 

19 (4) A description of how first responders will 

20 coordinate with corresponding State substance abuse 

21 clinics and coroners and medical examiners to iden22 tify protocols and resources that are available, in23 cluding information on treatment and recovery re24 sources. 

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1 (c) MAXIMUM AMOUNT.—The amount of a grant 

2 under this section to an eligible applicant for a fiscal year 

3 may not be more than $200,000. 

4 (d) FIRST RESPONDERS DEFINED.—In this section, 

5 the term ‘‘first responders’’ means law enforcement offi6 cers, emergency medical technicians, and firefighters. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 

8 out this section, there are authorized to be appropriated 

9 $150,000,000 for each of fiscal years 2017 and 2018. 

10 SEC. 5. FEE FOR FENTANYL. 

11 Section 401 of the Controlled Substances Act (21 

12 U.S.C. 841) is amended by adding at the end the fol13 lowing: 

14 ‘‘(i) FEE FOR FENTANYL.—In the 

15 case of any person who is convicted of a 

16 violation of subsection (a), or of a con17 spiracy to violate subsection (a) (including 

18 conviction arising from a plea of guilty or 

19 nolo contendere), the court shall, in addi20 tion to any other penalty, impose a fee of 

21 $80. Amounts collected as fees under this 

22 subsection shall be available to the Attor23 ney General for fiscal years 2017 and 2018 

24 for grants under section 4 of the Stem the 

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1 Tide of Overdose Prevalence from Opiate 

2 Drugs Act of 2016.’’. 

3 SEC. 6. FEDERAL DATA CENTER CONSOLIDATION INITIA4 TIVE. 

5 (a) FEDERAL DATA CENTER CONSOLIDATION IN6 VENTORIES AND STRATEGIES.— 

7 (1) IN GENERAL.— 

8 (A) ANNUAL REPORTING.—Except as pro9 vided in subparagraph (C), each year, beginning 

10 in the first fiscal year after the date of the en11 actment of this Act and each fiscal year there12 after, the head of each covered agency, assisted 

13 by the Chief Information Officer of the agency, 

14 shall submit to the Administrator— 

15 (i) a comprehensive inventory of the 

16 data centers owned, operated, or main17 tained by or on behalf of the agency; and 

18 (ii) a multiyear strategy to achieve the 

19 consolidation and optimization of the data 

20 centers inventoried under clause (i), that 

21 includes— 

22 (I) performance metrics— 

23 (aa) that are consistent with 

24 the Government-wide data center 

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1 consolidation and optimization 

2 metrics; and 

3 (bb) by which the quan4 titative and qualitative progress 

5 of the agency toward the goals of 

6 the FDCCI can be measured; 

7 (II) a timeline for agency activi8 ties to be completed under the 

9 FDCCI, with an emphasis on bench10 marks the agency can achieve by spe11 cific dates; 

12 (III) year-by-year calculations of 

13 investment and cost savings for the 

14 period beginning on the date of the 

15 enactment of this Act and ending on 

16 the date set forth in subsection (e), 

17 broken down by each year, including a 

18 description of any initial costs for 

19 data center consolidation and optimi20 zation and life cycle cost savings and 

21 other improvements, with an emphasis 

22 on— 

23 (aa) meeting the Govern24 ment-wide data center consolidamstockstill on DSK3G9T082PROD with BILLS

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1 tion and optimization metrics; 

2 and 

3 (bb) demonstrating the 

4 amount of agency-specific cost 

5 savings each fiscal year achieved 

6 through the FDCCI; and 

7 (IV) any additional information 

8 required by the Administrator. 

9 (B) USE OF OTHER REPORTING STRUC10 TURES.—The Administrator may require a cov11 ered agency to include the information required 

12 to be submitted under this subsection through 

13 reporting structures determined by the Admin14 istrator to be appropriate. 

15 (C) DEPARTMENT OF DEFENSE REPORT16 ING.—For any year that the Department of De17 fense is required to submit a performance plan 

18 for reduction of resources required for data 

19 servers and centers, as required under section 

20 2867(b) of the National Defense Authorization 

21 Act for Fiscal Year 2012 (10 U.S.C. 2223a 

22 note), the Department of Defense— 

23 (i) may submit to the Administrator, 

24 in lieu of the multiyear strategy required 

25 under subparagraph (A)(ii)— 

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1 (I) the defense-wide plan re2 quired under section 2867(b)(2) of 

3 the National Defense Authorization 

4 Act for Fiscal Year 2012 (10 U.S.C. 

5 2223a note); and 

6 (II) the report on cost savings re7 quired under section 2867(d) of the 

8 National Defense Authorization Act 

9 for Fiscal Year 2012 (10 U.S.C. 

10 2223a note); and 

11 (ii) shall submit the comprehensive in12 ventory required under subparagraph 

13 (A)(i), unless the defense-wide plan re14 quired under section 2867(b)(2) of the Na15 tional Defense Authorization Act for Fiscal 

16 Year 2012 (10 U.S.C. 2223a note)— 

17 (I) contains a comparable com18 prehensive inventory; and 

19 (II) is submitted under clause (i). 

20 (D) STATEMENT.—Each year, beginning in 

21 the first fiscal year after the date of the enact22 ment of this Act and each fiscal year thereafter, 

23 the head of each covered agency, acting through 

24 the Chief Information Officer of the agency, 

25 shall— 

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1 (i)(I) submit a statement to the Ad2 ministrator stating whether the agency has 

3 complied with the requirements of this sec4 tion; and 

5 (II) make the statement submitted 

6 under subclause (I) publicly available; and 

7 (ii) if the agency has not complied 

8 with the requirements of this section, sub9 mit a statement to the Administrator ex10 plaining the reasons for not complying 

11 with such requirements. 

12 (E) AGENCY IMPLEMENTATION OF STRAT13 EGIES.— 

14 (i) IN GENERAL.—Each covered agen15 cy, under the direction of the Chief Infor16 mation Officer of the agency, shall— 

17 (I) implement the strategy re18 quired under subparagraph (A)(ii); 

19 and 

20 (II) provide updates to the Ad21 ministrator, on a quarterly basis, of— 

22 (aa) the completion of activi23 ties by the agency under the 

24 FDCCI; 

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1 (bb) any progress of the 

2 agency towards meeting the Gov3 ernment-wide data center consoli4 dation and optimization metrics; 

5 and 

6 (cc) the actual cost savings 

7 and other improvements realized 

8 through the implementation of 

9 the strategy of the agency. 

10 (ii) DEPARTMENT OF DEFENSE.—For 

11 purposes of clause (i)(I), implementation of 

12 the defense-wide plan required under sec13 tion 2867(b)(2) of the National Defense 

14 Authorization Act for Fiscal Year 2012 

15 (10 U.S.C. 2223a note) by the Department 

16 of Defense shall be considered implementa17 tion of the strategy required under sub18 paragraph (A)(ii). 

19 (F) RULE OF CONSTRUCTION.—Nothing in 

20 this section shall be construed to limit the re21 porting of information by a covered agency to 

22 the Administrator, the Director of the Office of 

23 Management and Budget, or Congress. 

24 (2) ADMINISTRATOR RESPONSIBILITIES.—The 

25 Administrator shall— 

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1 (A) establish the deadline, on an annual 

2 basis, for covered agencies to submit informa3 tion under this section; 

4 (B) establish a list of requirements that 

5 the covered agencies must meet to be consid6 ered in compliance with paragraph (1); 

7 (C) ensure that information relating to 

8 agency progress towards meeting the Govern9 ment-wide data center consolidation and optimi10 zation metrics is made available in a timely 

11 manner to the general public; 

12 (D) review the inventories and strategies 

13 submitted under paragraph (1) to determine 

14 whether they are comprehensive and complete; 

15 (E) monitor the implementation of the 

16 data center strategy of each covered agency 

17 that is required under paragraph (1)(A)(ii); 

18 (F) update, on an annual basis, the cumu19 lative cost savings realized through the imple20 mentation of the FDCCI; and 

21 (G) establish metrics applicable to the con22 solidation and optimization of data centers Gov23 ernment-wide, including metrics with respect 

24 to— 

25 (i) costs; 

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1 (ii) efficiencies, including, at a min2 imum, server efficiency; and 

3 (iii) any other factors the Adminis4 trator considers appropriate. 

5 (3) COST SAVING GOAL AND UPDATES FOR CON6 GRESS.— 

7 (A) IN GENERAL.—Not later than one year 

8 after the date of the enactment of this Act, the 

9 Administrator shall develop, and make publicly 

10 available, a goal, broken down by year, for the 

11 amount of planned cost savings and optimiza12 tion improvements achieved through the FDCCI 

13 during the period beginning on the date of the 

14 enactment of this Act and ending on the date 

15 set forth in subsection (e). 

16 (B) ANNUAL UPDATE.— 

17 (i) IN GENERAL.—Not later than one 

18 year after the date on which the goal de19 scribed in subparagraph (A) is made pub20 licly available, and each year thereafter, 

21 the Administrator shall aggregate the re22 ported cost savings of each covered agency 

23 and optimization improvements achieved to 

24 date through the FDCCI and compare the 

25 savings to the projected cost savings and 

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1 optimization improvements developed 

2 under subparagraph (A). 

3 (ii) UPDATE FOR CONGRESS.—The 

4 goal required to be developed under sub5 paragraph (A) shall be submitted to Con6 gress and shall be accompanied by a state7 ment describing— 

8 (I) the extent to which each cov9 ered agency has developed and sub10 mitted a comprehensive inventory 

11 under paragraph (1)(A)(i), including 

12 an analysis of the inventory that de13 tails specific numbers, use, and effi14 ciency level of data centers in each in15 ventory; and 

16 (II) the extent to which each cov17 ered agency has submitted a com18 prehensive strategy that addresses the 

19 items listed in paragraph (1)(A)(ii). 

20 (4) GAO REVIEW.— 

21 (A) IN GENERAL.—Not later than one year 

22 after the date of the enactment of this Act, and 

23 each year thereafter, the Comptroller General of 

24 the United States shall review and verify the 

25 quality and completeness of the inventory and 

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1 strategy of each covered agency required under 

2 paragraph (1)(A). 

3 (B) REPORT.—The Comptroller General of 

4 the United States shall, on an annual basis, 

5 publish a report on each review conducted 

6 under subparagraph (A). 

7 (b) ENSURING CYBERSECURITY STANDARDS FOR

8 DATA CENTER CONSOLIDATION AND CLOUD COM9 PUTING.— 

10 (1) IN GENERAL.—In implementing a data cen11 ter consolidation and optimization strategy under 

12 this section, a covered agency shall do so in a man13 ner that is consistent with Federal guidelines on 

14 cloud computing security, including— 

15 (A) applicable provisions found within the 

16 Federal Risk and Authorization Management 

17 Program (FedRAMP); and 

18 (B) guidance published by the National In19 stitute of Standards and Technology. 

20 (2) RULE OF CONSTRUCTION.—Nothing in this 

21 section shall be construed to limit the ability of the 

22 Director of the Office of Management and Budget to 

23 update or modify the Federal guidelines on cloud 

24 computing security. 

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1 (c) WAIVER OF REQUIREMENTS.—The Director of 

2 National Intelligence and the Secretary of Defense, or 

3 their respective designee, may waive the applicability to 

4 any national security system, as defined in section 3552 

5 of title 44, United States Code, of any provision of this 

6 section if the Director of National Intelligence or the Sec7 retary of Defense, or their respective designee, determines 

8 that such waiver is in the interest of national security. 

9 Not later than 30 days after making a waiver under this 

10 subsection, the Director of National Intelligence or the 

11 Secretary of Defense, or their respective designee, shall 

12 submit to the Committee on Homeland Security and Gov13 ernmental Affairs and the Select Committee on Intel14 ligence of the Senate and the Committee on Oversight and 

15 Government Reform and the Permanent Select Committee 

16 on Intelligence of the House of Representatives a state17 ment describing the waiver and the reasons for the waiver. 

18 (d) DEFINITIONS.—In this section: 

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Office of 

21 Electronic Government established under section 

22 3602 of title 44, United States Code (and also 

23 known as the Office of E-Government and Informa24 tion Technology), within the Office of Management 

25 and Budget. 

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1 (2) COVERED AGENCY.—The term ‘‘covered 

2 agency’’ means the following (including all associ3 ated components of the agency): 

4 (A) Department of Agriculture. 

5 (B) Department of Commerce. 

6 (C) Department of Defense. 

7 (D) Department of Education. 

8 (E) Department of Energy. 

9 (F) Department of Health and Human 

10 Services. 

11 (G) Department of Homeland Security. 

12 (H) Department of Housing and Urban 

13 Development. 

14 (I) Department of the Interior. 

15 (J) Department of Justice. 

16 (K) Department of Labor. 

17 (L) Department of State. 

18 (M) Department of Transportation. 

19 (N) Department of Treasury. 

20 (O) Department of Veterans Affairs. 

21 (P) Environmental Protection Agency. 

22 (Q) General Services Administration. 

23 (R) National Aeronautics and Space Ad24 ministration. 

25 (S) National Science Foundation. 

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1 (T) Nuclear Regulatory Commission. 

2 (U) Office of Personnel Management. 

3 (V) Small Business Administration. 

4 (W) Social Security Administration. 

5 (X) United States Agency for International 

6 Development. 

7 (3) FDCCI.—The term ‘‘FDCCI’’ means the 

8 Federal Data Center Consolidation Initiative de9 scribed in the Office of Management and Budget 

10 Memorandum on the Federal Data Center Consoli11 dation Initiative, dated February 26, 2010, or any 

12 successor thereto. 

13 (4) GOVERNMENT-WIDE DATA CENTER CON14 SOLIDATION AND OPTIMIZATION METRICS.—The 

15 term ‘‘Government-wide data center consolidation 

16 and optimization metrics’’ means the metrics estab17 lished by the Administrator under subsection 

18 (a)(2)(G). 

19 (e) SUNSET.—This section is repealed effective on 

20 October 1, 2020. 

21 SEC. 7. DEFINITIONS. 

22 In this Act: 

23 (1) The term ‘‘fentanyl’’ means an opiate an24 algesic that is listed as a controlled substance in 

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1 schedule II under section 202 of the Controlled Sub2 stances Act (21 U.S.C. 812). 

3 (2) The term ‘‘naloxone’’ means the opiate an4 tagonist naloxone, approved by the Food and Drug 

5 Administration, in any approved manner of adminis6 tration. 

7 (3) The term ‘‘opiate’’ has the meaning given 

8 such term in section 102(18) of the Controlled Sub9 stances Act. 

Æ 

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