114TH CONGRESS 

2D SESSION S. 524 

AN ACT 

To authorize the Attorney General to award grants to address the national epidemics of 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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Comprehensive Addiction and Recovery Act of 2016’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—PREVENTION AND EDUCATION 

Sec. 101. Development of best practices for the prescribing of prescription 

opioids. 

Sec. 102. Awareness campaigns. 

Sec. 103. Community-based coalition enhancement grants to address local drug 

crises. 

TITLE II—LAW ENFORCEMENT AND TREATMENT 

Sec. 201. Treatment alternative to incarceration programs. 

Sec. 202. First responder training for the use of drugs and devices that rapidly 

reverse the effects of opioids. 

Sec. 203. Prescription drug take back expansion. 

Sec. 204. Heroin and methamphetamine task forces. 

TITLE III—TREATMENT AND RECOVERY 

Sec. 301. Evidence-based prescription opioid and heroin treatment and interventions demonstration. 

Sec. 302. Criminal justice medication assisted treatment and interventions demonstration. 

Sec. 303. National youth recovery initiative. 

Sec. 304. Building communities of recovery. 

TITLE IV—ADDRESSING COLLATERAL CONSEQUENCES 

Sec. 401. Correctional education demonstration grant program. 

Sec. 402. National Task Force 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. Report on grants for family-based substance abuse treatment. 

Sec. 503. Veterans’ treatment courts. 

TITLE VI—INCENTIVIZING STATE COMPREHENSIVE INITIATIVES 

TO ADDRESS PRESCRIPTION OPIOID AND HEROIN ABUSE 

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

TITLE VII—MISCELLANEOUS 
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Sec. 701. GAO report on IMD exclusion. 

Sec. 702. Funding. 

Sec. 703. Conforming amendments. 

Sec. 704. Grant accountability. 

Sec. 705. Programs to prevent prescription drug abuse under the Medicare program. 

TITLE VIII—TRANSNATIONAL DRUG TRAFFICKING ACT 

Sec. 801. Short title. 

Sec. 802. Possession, manufacture or distribution for purposes of unlawful importations. 

Sec. 803. Trafficking in counterfeit goods or services. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The abuse of heroin and prescription opioid 

4 painkillers is having a devastating effect on public 

5 health and safety in communities across the United 

6 States. According to the Centers for Disease Control 

7 and Prevention, drug overdose deaths now surpass 

8 traffic accidents in the number of deaths caused by 

9 injury in the United States. In 2014, an average of 

10 more than 120 people in the United States died 

11 from drug overdoses every day. 

12 (2) According to the National Institute on Drug 

13 Abuse (commonly known as ‘‘NIDA’’), the number 

14 of prescriptions for opioids increased from approxi15 mately 76,000,000 in 1991 to nearly 207,000,000 in 

16 2013, and the United States is the biggest consumer 

17 of opioids globally, accounting for almost 100 per18 cent of the world total for hydrocodone and 81 per19 cent for oxycodone. 
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1 (3) Opioid pain relievers are the most widely 

2 misused or abused controlled prescription drugs 

3 (commonly referred to as ‘‘CPDs’’) and are involved 

4 in most CPD-related overdose incidents. According 

5 to the Drug Abuse Warning Network (commonly 

6 known as ‘‘DAWN’’), the estimated number of emer7 gency department visits involving nonmedical use of 

8 prescription opiates or opioids increased by 112 per9 cent between 2006 and 2010, from 84,671 to 

10 179,787. 

11 (4) The use of heroin in the United States has 

12 also spiked sharply in recent years. According to the 

13 most recent National Survey on Drug Use and 

14 Health, more than 900,000 people in the United 

15 States reported using heroin in 2014, nearly a 35 

16 percent increase from the previous year. Heroin 

17 overdose deaths more than tripled from 2010 to 

18 2014. 

19 (5) The supply of cheap heroin available in the 

20 United States has increased dramatically as well, 

21 largely due to the activity of Mexican drug traf22 ficking organizations. The Drug Enforcement Ad23 ministration (commonly known as the ‘‘DEA’’) esti24 mates that heroin seizures at the Mexican border 

25 have more than doubled since 2010, and heroin pro-
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1 duction in Mexico increased 62 percent from 2013 to 

2 2014. While only 8 percent of State and local law 

3 enforcement officials across the United States identi4 fied heroin as the greatest drug threat in their area 

5 in 2008, that number rose to 38 percent in 2015. 

6 (6) Law enforcement officials and treatment ex7 perts throughout the country report that many peo8 ple who have misused prescription opioids have 

9 turned to heroin as a cheaper or more easily ob10 tained alternative to prescription opioids. 

11 (7) According to a report by the National Asso12 ciation of State Alcohol and Drug Abuse Directors 

13 (commonly referred to as ‘‘NASADAD’’), 37 States 

14 reported an increase in admissions to treatment for 

15 heroin use during the past 2 years, while admissions 

16 to treatment for prescription opiates increased 500 

17 percent from 2000 to 2012. 

18 (8) Research indicates that combating the 

19 opioid crisis, including abuse of prescription pain20 killers and, increasingly, heroin, requires a 

21 multipronged approach that involves prevention, 

22 education, monitoring, law enforcement initiatives, 

23 reducing drug diversion and the supply of illicit 

24 drugs, expanding delivery of existing treatments (in25 cluding medication assisted treatments), expanding 
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1 access to overdose medications and interventions, 

2 and the development of new medications for pain 

3 that can augment the existing treatment arsenal. 

4 (9) Substance use disorders are a treatable dis5 ease. Discoveries in the science of addiction have led 

6 to advances in the treatment of substance use dis7 orders that help people stop abusing drugs and pre8 scription medications and resume their productive 

9 lives. 

10 (10) According to the National Survey on Drug 

11 Use and Health, approximately 22,700,000 people in 

12 the United States needed substance use disorder 

13 treatment in 2013, but only 2,500,000 people re14 ceived it. Furthermore, current treatment services 

15 are not adequate to meet demand. According to a re16 port commissioned by the Substance Abuse and 

17 Mental Health Services Administration (commonly 

18 known as ‘‘SAMHSA’’), there are approximately 32 

19 providers for every 1,000 individuals needing sub20 stance use disorder treatment. In some States, the 

21 ratio is much lower. 

22 (11) The overall cost of drug abuse, from 

23 health care- and criminal justice-related costs to lost 

24 productivity, is steep, totaling more than 

25 $700,000,000,000 a year, according to NIDA. Effec-
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1 tive substance abuse prevention can yield major eco2 nomic dividends. 

3 (12) According to NIDA, when schools and 

4 communities properly implement science-validated 

5 substance abuse prevention programs, abuse of alco6 hol, tobacco, and illicit drugs is reduced. Such pro7 grams help teachers, parents, and healthcare profes8 sionals shape the perceptions of youths about the 

9 risks of drug abuse. 

10 (13) Diverting certain individuals with sub11 stance use disorders from criminal justice systems 

12 into community-based treatment can save billions of 

13 dollars and prevent sizeable numbers of crimes, ar14 rests, and re-incarcerations over the course of those 

15 individuals’ lives. 

16 (14) According to the DEA, more than 2,700 

17 tons of expired, unwanted prescription medications 

18 have been collected since the enactment of the Se19 cure and Responsible Drug Disposal Act of 2010 

20 (Public Law 111–273; 124 Stat. 2858). 

21 (15) Faith-based, holistic, or drug-free models 

22 can provide a critical path to successful recovery for 

23 a number of people in the United States. The 2015 

24 membership survey conducted by Alcoholics Anony25 mous (commonly known as ‘‘AA’’) found that 73 
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1 percent of AA members were sober longer than 1 

2 year and attended 2.5 meetings per week. 

3 (16) Research shows that combining treatment 

4 medications with behavioral therapy is an effective 

5 way to facilitate success for some patients. Treat6 ment approaches must be tailored to address the 

7 drug abuse patterns and drug-related medical, psy8 chiatric, and social problems of each individual. Dif9 ferent types of medications may be useful at dif10 ferent stages of treatment or recovery to help a pa11 tient stop using drugs, stay in treatment, and avoid 

12 relapse. Patients have a range of options regarding 

13 their path to recovery and many have also success14 fully addressed drug abuse through the use of faith15 based, holistic, or drug-free models. 

16 (17) Individuals with mental illness, especially 

17 severe mental illness, are at considerably higher risk 

18 for substance abuse than the general population, and 

19 the presence of a mental illness complicates recovery 

20 from substance abuse. 

21 (18) Rural communities are especially suscep22 tible to heroin and opioid abuse. Individuals in rural 

23 counties have higher rates of drug poisoning deaths, 

24 including deaths from opioids. According to the 

25 American Journal of Public Health, ‘‘[O]pioid 
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1 poisonings in nonmetropolitan counties have in2 creased at a rate greater than threefold the increase 

3 in metropolitan counties.’’ According to a February 

4 19, 2016, report from the Maine Rural Health Re5 search Center, ‘‘[M]ultiple studies document a high6 er prevalence [of abuse] among specific vulnerable 

7 rural populations, particularly among youth, women 

8 who are pregnant or experiencing partner violence, 

9 and persons with co-occurring disorders.’’ 

10 SEC. 3. DEFINITIONS. 

11 In this Act— 

12 (1) the term ‘‘first responder’’ includes a fire13 fighter, law enforcement officer, paramedic, emer14 gency medical technician, or other individual (includ15 ing an employee of a legally organized and recog16 nized volunteer organization, whether compensated 

17 or not), who, in the course of professional duties, re18 sponds to fire, medical, hazardous material, or other 

19 similar emergencies; 

20 (2) the term ‘‘medication assisted treatment’’ 

21 means the use, for problems relating to heroin and 

22 other opioids, of medications approved by the Food 

23 and Drug Administration in combination with coun24 seling and behavioral therapies; 
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1 (3) the term ‘‘opioid’’ means any drug having 

2 an addiction-forming or addiction-sustaining liability 

3 similar to morphine or being capable of conversion 

4 into a drug having such addiction-forming or addic5 tion-sustaining liability; and 

6 (4) the term ‘‘State’’ means any State of the 

7 United States, the District of Columbia, the Com8 monwealth of Puerto Rico, and any territory or pos9 session of the United States. 

10 TITLE I—PREVENTION AND 

11 EDUCATION 

12 SEC. 101. DEVELOPMENT OF BEST PRACTICES FOR THE 

13 PRESCRIBING OF PRESCRIPTION OPIOIDS. 

14 (a) DEFINITIONS.—In this section— 

15 (1) the term ‘‘Secretary’’ means the Secretary 

16 of Health and Human Services; and 

17 (2) the term ‘‘task force’’ means the Pain Man18 agement Best Practices Interagency Task Force 

19 convened under subsection (b). 

20 (b) INTERAGENCY TASK FORCE.—Not later than De21 cember 14, 2018, the Secretary, in cooperation with the 

22 Secretary of Veterans Affairs, the Secretary of Defense, 

23 and the Administrator of the Drug Enforcement Adminis24 tration, shall convene a Pain Management Best Practices 

25 Interagency Task Force to review, modify, and update, as 
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1 appropriate, best practices for pain management (includ2 ing chronic and acute pain) and prescribing pain medica3 tion. 

4 (c) MEMBERSHIP.—The task force shall be comprised 

5 of— 

6 (1) representatives of— 

7 (A) the Department of Health and Human 

8 Services; 

9 (B) the Department of Veterans Affairs; 

10 (C) the Food and Drug Administration; 

11 (D) the Department of Defense; 

12 (E) the Drug Enforcement Administration; 

13 (F) the Centers for Disease Control and 

14 Prevention; 

15 (G) the National Academy of Medicine; 

16 (H) the National Institutes of Health; 

17 (I) the Office of National Drug Control 

18 Policy; and 

19 (J) the Office of Rural Health Policy of 

20 the Department of Health and Human Services; 

21 (2) physicians, dentists, and nonphysician pre22 scribers; 

23 (3) pharmacists; 

24 (4) experts in the fields of pain research and 

25 addiction research; 
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1 (5) representatives of— 

2 (A) pain management professional organi3 zations; 

4 (B) the mental health treatment commu5 nity; 

6 (C) the addiction treatment community; 

7 (D) pain advocacy groups; and 

8 (E) groups with expertise around overdose 

9 reversal; and 

10 (6) other stakeholders, as the Secretary deter11 mines appropriate. 

12 (d) DUTIES.—The task force shall— 

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

14 which the task force is convened under subsection 

15 (b), review, modify, and update, as appropriate, best 

16 practices for pain management (including chronic 

17 and acute pain) and prescribing pain medication, 

18 taking into consideration— 

19 (A) existing pain management research; 

20 (B) recommendations from relevant con21 ferences and existing relevant evidence-based 

22 guidelines; 

23 (C) ongoing efforts at the State and local 

24 levels and by medical professional organizations 

25 to develop improved pain management strate-
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1 gies, including consideration of alternatives to 

2 opioids to reduce opioid monotherapy in appro3 priate cases; 

4 (D) the management of high-risk popu5 lations, other than populations who suffer pain, 

6 who— 

7 (i) may use or be prescribed 

8 benzodiazepines, alcohol, and diverted 

9 opioids; or 

10 (ii) receive opioids in the course of 

11 medical care; and 

12 (E) the Proposed 2016 Guideline for Pre13 scribing Opioids for Chronic Pain issued by the 

14 Centers for Disease Control and Prevention (80 

15 Fed. Reg. 77351 (December 14, 2015)) and 

16 any final guidelines issued by the Centers for 

17 Disease Control and Prevention; 

18 (2) solicit and take into consideration public 

19 comment on the practices developed under para20 graph (1), amending such best practices if appro21 priate; and 

22 (3) develop a strategy for disseminating infor23 mation about the best practices to stakeholders, as 

24 appropriate. 
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1 (e) LIMITATION.—The task force shall not have rule2 making authority. 

3 (f) REPORT.—Not later than 270 days after the date 

4 on which the task force is convened under subsection (b), 

5 the task force shall submit to Congress a report that in6 cludes— 

7 (1) the strategy for disseminating best practices 

8 for pain management (including chronic and acute 

9 pain) and prescribing pain medication, as reviewed, 

10 modified, or updated under subsection (d); and 

11 (2) recommendations for effectively applying 

12 the best practices described in paragraph (1) to im13 prove prescribing practices at medical facilities, in14 cluding medical facilities of the Veterans Health Ad15 ministration. 

16 SEC. 102. AWARENESS CAMPAIGNS. 

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

18 Human Services, in coordination with the Attorney Gen19 eral, shall advance the education and awareness of the 

20 public, providers, patients, consumers, and other appro21 priate entities regarding the risk of abuse of prescription 

22 opioid drugs if such products are not taken as prescribed, 

23 including opioid and methadone abuse. Such education 

24 and awareness campaigns shall include information on the 

25 dangers of opioid abuse, how to prevent opioid abuse in-
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1 cluding through safe disposal of prescription medications 

2 and other safety precautions, and detection of early warn3 ing signs of addiction. 

4 (b) DRUG-FREE MEDIA CAMPAIGN.— 

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

6 Control Policy, in coordination with the Secretary of 

7 Health and Human Services and the Attorney Gen8 eral, shall establish a national drug awareness cam9 paign. 

10 (2) REQUIREMENTS.—The national drug aware11 ness campaign required under paragraph (1) shall— 

12 (A) take into account the association be13 tween prescription opioid abuse and heroin use; 

14 (B) emphasize the similarities between her15 oin and prescription opioids and the effects of 

16 heroin and prescription opioids on the human 

17 body; and 

18 (C) bring greater public awareness to the 

19 dangerous effects of fentanyl when mixed with 

20 heroin or abused in a similar manner. 

21 SEC. 103. COMMUNITY-BASED COALITION ENHANCEMENT 

22 GRANTS TO ADDRESS LOCAL DRUG CRISES. 

23 Part II of title I of the Omnibus Crime Control and 

24 Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.) is 
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1 amended by striking section 2997 and inserting the fol2 lowing: 

3 ‘‘SEC. 2997. COMMUNITY-BASED COALITION ENHANCEMENT 

4 GRANTS TO ADDRESS LOCAL DRUG CRISES. 

5 ‘‘(a) DEFINITIONS.—In this section— 

6 ‘‘(1) the term ‘Drug-Free Communities Act of 

7 1997’ means chapter 2 of the National Narcotics 

8 Leadership Act of 1988 (21 U.S.C. 1521 et seq.); 

9 ‘‘(2) the term ‘eligible entity’ means an organi10 zation that— 

11 ‘‘(A) on or before the date of submitting 

12 an application for a grant under this section, 

13 receives or has received a grant under the 

14 Drug-Free Communities Act of 1997; and 

15 ‘‘(B) has documented, using local data, 

16 rates of abuse of opioids or methamphetamines 

17 at levels that are— 

18 ‘‘(i) significantly higher than the na19 tional average as determined by the Sec20 retary (including appropriate consideration 

21 of the results of the Monitoring the Future 

22 Survey published by the National Institute 

23 on Drug Abuse and the National Survey 

24 on Drug Use and Health published by the 
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1 Substance Abuse and Mental Health Serv2 ices Administration); or 

3 ‘‘(ii) higher than the national average, 

4 as determined by the Secretary (including 

5 appropriate consideration of the results of 

6 the surveys described in clause (i)), over a 

7 sustained period of time; 

8 ‘‘(3) the term ‘local drug crisis’ means, with re9 spect to the area served by an eligible entity— 

10 ‘‘(A) a sudden increase in the abuse of 

11 opioids or methamphetamines, as documented 

12 by local data; 

13 ‘‘(B) the abuse of prescription medications, 

14 specifically opioids or methamphetamines, that 

15 is significantly higher than the national aver16 age, over a sustained period of time, as docu17 mented by local data; or 

18 ‘‘(C) a sudden increase in opioid-related 

19 deaths, as documented by local data; 

20 ‘‘(4) the term ‘opioid’ means any drug having 

21 an addiction-forming or addiction-sustaining liability 

22 similar to morphine or being capable of conversion 

23 into a drug having such addiction-forming or addic24 tion-sustaining liability; and 
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1 ‘‘(5) the term ‘Secretary’ means the Secretary 

2 of Health and Human Services. 

3 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary, in co4 ordination with the Director of the Office of National 

5 Drug Control Policy, may make grants to eligible entities 

6 to implement comprehensive community-wide strategies 

7 that address local drug crises within the area served by 

8 the eligible entity. 

9 ‘‘(c) APPLICATION.— 

10 ‘‘(1) IN GENERAL.—An eligible entity seeking a 

11 grant under this section shall submit an application 

12 to the Secretary at such time, in such manner, and 

13 accompanied by such information as the Secretary 

14 may require. 

15 ‘‘(2) CRITERIA.—As part of an application for 

16 a grant under this section, the Secretary shall re17 quire an eligible entity to submit a detailed, com18 prehensive, multisector plan for addressing the local 

19 drug crisis within the area served by the eligible en20 tity. 

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

22 grant received under this section— 

23 ‘‘(1) for programs designed to implement com24 prehensive community-wide prevention strategies to 

25 address the local drug crisis in the area served by 
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1 the eligible entity, in accordance with the plan sub2 mitted under subsection (c)(2); and 

3 ‘‘(2) to obtain specialized training and technical 

4 assistance from the organization funded under sec5 tion 4 of Public Law 107–82 (21 U.S.C. 1521 note). 

6 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—An eligible en7 tity shall use Federal funds received under this section 

8 only to supplement the funds that would, in the absence 

9 of those Federal funds, be made available from other Fed10 eral and non-Federal sources for the activities described 

11 in this section, and not to supplant those funds. 

12 ‘‘(f) EVALUATION.—A grant under this section shall 

13 be subject to the same evaluation requirements and proce14 dures as the evaluation requirements and procedures im15 posed on the recipient of a grant under the Drug-Free 

16 Communities Act of 1997, and may also include an evalua17 tion of the effectiveness at reducing abuse of opioids, 

18 methadone, or methamphetamines. 

19 ‘‘(g) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

20 Not more than 8 percent of the amounts made available 

21 to carry out this section for a fiscal year may be used 

22 by the Secretary to pay for administrative expenses.’’. 
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1 TITLE II—LAW ENFORCEMENT 

2 AND TREATMENT 

3 SEC. 201. TREATMENT ALTERNATIVE TO INCARCERATION 

4 PROGRAMS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means a State, unit of local government, Indian 

8 tribe, or nonprofit organization. 

9 (2) ELIGIBLE PARTICIPANT.—The term ‘‘eligi10 ble participant’’ means an individual who— 

11 (A) comes into contact with the juvenile 

12 justice system or criminal justice system or is 

13 arrested or charged with an offense that is 

14 not— 

15 (i) a crime of violence, as defined 

16 under applicable State law or section 3156 

17 of title 18, United States Code; or 

18 (ii) a serious drug offense, as defined 

19 under section 924(e)(2)(A) of title 18, 

20 United States Code; 

21 (B) has been screened by a qualified men22 tal health professional and determined to suffer 

23 from a substance use disorder, or co-occurring 

24 mental illness and substance use disorder, that 
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1 there is a reasonable basis to believe is related 

2 to the commission of the offense; and 

3 (C) has been, after consideration of any 

4 potential risk of violence to any person in the 

5 program or the public if the individual were se6 lected to participate in the program, unani7 mously approved for participation in a program 

8 funded under this section by, as applicable de9 pending on the stage of the criminal justice 

10 process— 

11 (i) the relevant law enforcement agen12 cy; 

13 (ii) the prosecuting attorney; 

14 (iii) the defense attorney; 

15 (iv) the pretrial, probation, or correc16 tional officer; 

17 (v) the judge; and 

18 (vi) a representative from the relevant 

19 mental health or substance abuse agency. 

20 (b) PROGRAM AUTHORIZED.—The Secretary of 

21 Health and Human Services, in coordination with the At22 torney General, may make grants to eligible entities to— 

23 (1) develop, implement, or expand a treatment 

24 alternative to incarceration program for eligible par25 ticipants, including— 
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1 (A) pre-booking, including pre-arrest, 

2 treatment alternative to incarceration pro3 grams, including— 

4 (i) law enforcement training on sub5 stance use disorders and co-occurring men6 tal illness and substance use disorders; 

7 (ii) receiving centers as alternatives to 

8 incarceration of eligible participants; 

9 (iii) specialized response units for 

10 calls related to substance use disorders and 

11 co-occurring mental illness and substance 

12 use disorders; and 

13 (iv) other pre-arrest or pre-booking 

14 treatment alternative to incarceration mod15 els; and 

16 (B) post-booking treatment alternative to 

17 incarceration programs, including— 

18 (i) specialized clinical case manage19 ment; 

20 (ii) pretrial services related to sub21 stance use disorders and co-occurring men22 tal illness and substance use disorders; 

23 (iii) prosecutor and defender based 

24 programs; 

25 (iv) specialized probation; 
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1 (v) programs utilizing the American 

2 Society of Addiction Medicine patient 

3 placement criteria; 

4 (vi) treatment and rehabilitation pro5 grams and recovery support services; and 

6 (vii) drug courts, DWI courts, and 

7 veterans treatment courts; and 

8 (2) facilitate or enhance planning and collabora9 tion between State criminal justice systems and 

10 State substance abuse systems in order to more effi11 ciently and effectively carry out programs described 

12 in paragraph (1) that address problems related to 

13 the use of heroin and misuse of prescription drugs 

14 among eligible participants. 

15 (c) APPLICATION.— 

16 (1) IN GENERAL.—An eligible entity seeking a 

17 grant under this section shall submit an application 

18 to the Secretary of Health and Human Services— 

19 (A) that meets the criteria under para20 graph (2); and 

21 (B) at such time, in such manner, and ac22 companied by such information as the Secretary 

23 of Health and Human Services may require. 

24 (2) CRITERIA.—An eligible entity, in submitting 

25 an application under paragraph (1), shall— 
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1 (A) provide extensive evidence of collabora2 tion with State and local government agencies 

3 overseeing health, community corrections, 

4 courts, prosecution, substance abuse, mental 

5 health, victims services, and employment serv6 ices, and with local law enforcement agencies; 

7 (B) demonstrate consultation with the Sin8 gle State Authority for Substance Abuse (as de9 fined in section 201(e) of the Second Chance 

10 Act of 2007 (42 U.S.C. 17521(e))); 

11 (C) demonstrate consultation with the Sin12 gle State criminal justice planning agency; 

13 (D) demonstrate that evidence-based treat14 ment practices, including if applicable the use 

15 of medication assisted treatment, will be uti16 lized; and 

17 (E) demonstrate that evidenced-based 

18 screening and assessment tools will be utilized 

19 to place participants in the treatment alter20 native to incarceration program. 

21 (d) REQUIREMENTS.—Each eligible entity awarded a 

22 grant for a treatment alternative to incarceration program 

23 under this section shall— 

24 (1) determine the terms and conditions of par25 ticipation in the program by eligible participants, 
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1 taking into consideration the collateral consequences 

2 of an arrest, prosecution, or criminal conviction; 

3 (2) ensure that each substance abuse and men4 tal health treatment component is licensed and 

5 qualified by the relevant jurisdiction; 

6 (3) for programs described in subsection (b)(2), 

7 organize an enforcement unit comprised of appro8 priately trained law enforcement professionals under 

9 the supervision of the State, tribal, or local criminal 

10 justice agency involved, the duties of which shall in11 clude— 

12 (A) the verification of addresses and other 

13 contacts of each eligible participant who partici14 pates or desires to participate in the program; 

15 and 

16 (B) if necessary, the location, apprehen17 sion, arrest, and return to court of an eligible 

18 participant in the program who has absconded 

19 from the facility of a treatment provider or has 

20 otherwise violated the terms and conditions of 

21 the program, consistent with Federal and State 

22 confidentiality requirements; 

23 (4) notify the relevant criminal justice entity if 

24 any eligible participant in the program absconds 

25 from the facility of the treatment provider or other-
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1 wise violates the terms and conditions of the pro2 gram, consistent with Federal and State confiden3 tiality requirements; 

4 (5) submit periodic reports on the progress of 

5 treatment or other measured outcomes from partici6 pation in the program of each eligible participant in 

7 the program to the relevant State, tribal, or local 

8 criminal justice agency; 

9 (6) describe the evidence-based methodology 

10 and outcome measurements that will be used to 

11 evaluate the program, and specifically explain how 

12 such measurements will provide valid measures of 

13 the impact of the program; and 

14 (7) describe how the program could be broadly 

15 replicated if demonstrated to be effective. 

16 (e) USE OF FUNDS.—An eligible entity shall use a 

17 grant received under this section for expenses of a treat18 ment alternative to incarceration program, including— 

19 (1) salaries, personnel costs, equipment costs, 

20 and other costs directly related to the operation of 

21 the program, including the enforcement unit; 

22 (2) payments for treatment providers that are 

23 approved by the relevant State or tribal jurisdiction 

24 and licensed, if necessary, to provide needed treat25 ment to eligible participants in the program, includ-
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1 ing medication assisted treatment, aftercare super2 vision, vocational training, education, and job place3 ment; 

4 (3) payments to public and nonprofit private 

5 entities that are approved by the State or tribal ju6 risdiction and licensed, if necessary, to provide alco7 hol and drug addiction treatment and mental health 

8 treatment to eligible participants in the program; 

9 and 

10 (4) salaries, personnel costs, and other costs re11 lated to strategic planning among State and local 

12 government agencies. 

13 (f) SUPPLEMENT NOT SUPPLANT.—An eligible entity 

14 shall use Federal funds received under this section only 

15 to supplement the funds that would, in the absence of 

16 those Federal funds, be made available from other Federal 

17 and non-Federal sources for the activities described in this 

18 section, and not to supplant those funds. 

19 (g) GEOGRAPHIC DISTRIBUTION.—The Secretary of 

20 Health and Human Services shall ensure that, to the ex21 tent practicable, the geographical distribution of grants 

22 under this section is equitable and includes a grant to an 

23 eligible entity in— 

24 (1) each State; 

25 (2) rural, suburban, and urban areas; and 
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1 (3) tribal jurisdictions. 

2 (h) PRIORITY CONSIDERATION WITH RESPECT TO

3 STATES.—In awarding grants to States under this sec4 tion, the Secretary of Health and Human Services shall 

5 give priority to— 

6 (1) a State that submits a joint application 

7 from the substance abuse agencies and criminal jus8 tice agencies of the State that proposes to use grant 

9 funds to facilitate or enhance planning and collabo10 ration between the agencies, including coordination 

11 to better address the needs of incarcerated popu12 lations; and 

13 (2) a State that— 

14 (A) provides civil liability protection for 

15 first responders, health professionals, and fam16 ily members who have received appropriate 

17 training in the administration of naloxone in 

18 administering naloxone to counteract opioid 

19 overdoses; and 

20 (B) submits to the Secretary a certification 

21 by the attorney general of the State that the at22 torney general has— 

23 (i) reviewed any applicable civil liabil24 ity protection law to determine the applica25 bility of the law with respect to first re-
29 

†S 524 ES

1 sponders, health care professionals, family 

2 members, and other individuals who— 

3 (I) have received appropriate 

4 training in the administration of 

5 naloxone; and 

6 (II) may administer naloxone to 

7 individuals reasonably believed to be 

8 suffering from opioid overdose; and 

9 (ii) concluded that the law described 

10 in subparagraph (A) provides adequate 

11 civil liability protection applicable to such 

12 persons. 

13 (i) REPORTS AND EVALUATIONS.— 

14 (1) IN GENERAL.—Each fiscal year, each recipi15 ent of a grant under this section during that fiscal 

16 year shall submit to the Secretary of Health and 

17 Human Services a report on the outcomes of activi18 ties carried out using that grant in such form, con19 taining such information, and on such dates as the 

20 Secretary of Health and Human Services shall speci21 fy. 

22 (2) CONTENTS.—A report submitted under 

23 paragraph (1) shall— 

24 (A) describe best practices for treatment 

25 alternatives; and 
30 

†S 524 ES

1 (B) identify training requirements for law 

2 enforcement officers who participate in treat3 ment alternative to incarceration programs. 

4 (j) FUNDING.—During the 5-year period beginning 

5 on the date of enactment of this Act, the Secretary of 

6 Health and Human Services may carry out this section 

7 using not more than $5,000,000 each fiscal year of 

8 amounts appropriated to the Substance Abuse and Mental 

9 Health Services Administration for Criminal Justice Ac10 tivities. No additional funds are authorized to be appro11 priated to carry out this section. 

12 SEC. 202. FIRST RESPONDER TRAINING FOR THE USE OF 

13 DRUGS AND DEVICES THAT RAPIDLY RE14 VERSE THE EFFECTS OF OPIOIDS. 

15 Part II of title I of the Omnibus Crime Control and 

16 Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as 

17 amended by section 103, is amended by adding at the end 

18 the following: 

19 ‘‘SEC. 2998. FIRST RESPONDER TRAINING FOR THE USE OF 

20 DRUGS AND DEVICES THAT RAPIDLY RE21 VERSE THE EFFECTS OF OPIOIDS. 

22 ‘‘(a) DEFINITION.—In this section— 

23 ‘‘(1) the terms ‘drug’ and ‘device’ have the 

24 meanings given those terms in section 201 of the 
31 

†S 524 ES

1 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

2 321); 

3 ‘‘(2) the term ‘eligible entity’ means a State, a 

4 unit of local government, or an Indian tribal govern5 ment; 

6 ‘‘(3) the term ‘first responder’ includes a fire7 fighter, law enforcement officer, paramedic, emer8 gency medical technician, or other individual (includ9 ing an employee of a legally organized and recog10 nized volunteer organization, whether compensated 

11 or not), who, in the course of professional duties, re12 sponds to fire, medical, hazardous material, or other 

13 similar emergencies; 

14 ‘‘(4) the term ‘opioid’ means any drug having 

15 an addiction-forming or addiction-sustaining liability 

16 similar to morphine or being capable of conversion 

17 into a drug having such addiction-forming or addic18 tion-sustaining liability; and 

19 ‘‘(5) the term ‘Secretary’ means the Secretary 

20 of Health and Human Services. 

21 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary, in co22 ordination with the Attorney General, may make grants 

23 to eligible entities to allow appropriately trained first re24 sponders to administer an opioid overdose reversal drug 

25 to an individual who has— 
32 

†S 524 ES

1 ‘‘(1) experienced a prescription opioid or heroin 

2 overdose; or 

3 ‘‘(2) been determined to have likely experienced 

4 a prescription opioid or heroin overdose. 

5 ‘‘(c) APPLICATION.— 

6 ‘‘(1) IN GENERAL.—An eligible entity seeking a 

7 grant under this section shall submit an application 

8 to the Secretary— 

9 ‘‘(A) that meets the criteria under para10 graph (2); and 

11 ‘‘(B) at such time, in such manner, and 

12 accompanied by such information as the Sec13 retary may require. 

14 ‘‘(2) CRITERIA.—An eligible entity, in submit15 ting an application under paragraph (1), shall— 

16 ‘‘(A) describe the evidence-based method17 ology and outcome measurements that will be 

18 used to evaluate the program funded with a 

19 grant under this section, and specifically ex20 plain how such measurements will provide valid 

21 measures of the impact of the program; 

22 ‘‘(B) describe how the program could be 

23 broadly replicated if demonstrated to be effec24 tive; 
33 

†S 524 ES

1 ‘‘(C) identify the governmental and com2 munity agencies that the program will coordi3 nate; and 

4 ‘‘(D) describe how law enforcement agen5 cies will coordinate with their corresponding 

6 State substance abuse and mental health agen7 cies to identify protocols and resources that are 

8 available to overdose victims and families, in9 cluding information on treatment and recovery 

10 resources. 

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

12 grant received under this section to— 

13 ‘‘(1) make such opioid overdose reversal drugs 

14 or devices that are approved by the Food and Drug 

15 Administration, such as naloxone, available to be 

16 carried and administered by first responders; 

17 ‘‘(2) train and provide resources for first re18 sponders on carrying an opioid overdose reversal 

19 drug or device approved by the Food and Drug Ad20 ministration, such as naloxone, and administering 

21 the drug or device to an individual who has experi22 enced, or has been determined to have likely experi23 enced, a prescription opioid or heroin overdose; and 

24 ‘‘(3) establish processes, protocols, and mecha25 nisms for referral to appropriate treatment, which 
34 

†S 524 ES

1 may include an outreach coordinator or team to con2 nect individuals receiving opioid overdose reversal 

3 drugs to follow-up services. 

4 ‘‘(e) TECHNICAL ASSISTANCE GRANTS.—The Sec5 retary shall make a grant for the purpose of providing 

6 technical assistance and training on the use of an opioid 

7 overdose reversal drug, such as naloxone, to respond to 

8 an individual who has experienced, or has been determined 

9 to have likely experienced, a prescription opioid or heroin 

10 overdose, and mechanisms for referral to appropriate 

11 treatment for an eligible entity receiving a grant under 

12 this section. 

13 ‘‘(f) EVALUATION.—The Secretary shall conduct an 

14 evaluation of grants made under this section to deter15 mine— 

16 ‘‘(1) the number of first responders equipped 

17 with naloxone, or another opioid overdose reversal 

18 drug, for the prevention of fatal opioid and heroin 

19 overdose; 

20 ‘‘(2) the number of opioid and heroin overdoses 

21 reversed by first responders receiving training and 

22 supplies of naloxone, or another opioid overdose re23 versal drug, through a grant received under this sec24 tion; 
35 

†S 524 ES

1 ‘‘(3) the number of calls for service related to 

2 opioid and heroin overdose; 

3 ‘‘(4) the extent to which overdose victims and 

4 families receive information about treatment services 

5 and available data describing treatment admissions; 

6 and 

7 ‘‘(5) the research, training, and naloxone, or 

8 another opioid overdose reversal drug, supply needs 

9 of first responder agencies, including those agencies 

10 that are not receiving grants under this section. 

11 ‘‘(g) RURAL AREAS WITH LIMITED ACCESS TO

12 EMERGENCY MEDICAL SERVICES.—In making grants 

13 under this section, the Secretary shall ensure that not less 

14 than 25 percent of grant funds are awarded to eligible 

15 entities that are not located in metropolitan statistical 

16 areas, as defined by the Office of Management and Budg17 et.’’. 

18 SEC. 203. PRESCRIPTION DRUG TAKE BACK EXPANSION. 

19 (a) DEFINITION OF COVERED ENTITY.—In this sec20 tion, the term ‘‘covered entity’’ means— 

21 (1) a State, local, or tribal law enforcement 

22 agency; 

23 (2) a manufacturer, distributor, or reverse dis24 tributor of prescription medications; 

25 (3) a retail pharmacy; 
36 

†S 524 ES

1 (4) a registered narcotic treatment program; 

2 (5) a hospital or clinic with an onsite pharmacy; 

3 (6) an eligible long-term care facility; or 

4 (7) any other entity authorized by the Drug 

5 Enforcement Administration to dispose of prescrip6 tion medications. 

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

8 in coordination with the Administrator of the Drug En9 forcement Administration, the Secretary of Health and 

10 Human Services, and the Director of the Office of Na11 tional Drug Control Policy, shall coordinate with covered 

12 entities in expanding or making available disposal sites for 

13 unwanted prescription medications. 

14 SEC. 204. HEROIN AND METHAMPHETAMINE TASK FORCES. 

15 Part II of title I of the Omnibus Crime Control and 

16 Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as 

17 amended by section 202, is amended by adding at the end 

18 the following: 

19 ‘‘SEC. 2999. HEROIN AND METHAMPHETAMINE TASK 

20 FORCES. 

21 ‘‘(a) DEFINITION OF OPIOID.—In this section, the 

22 term ‘opioid’ means any drug having an addiction-forming 

23 or addiction-sustaining liability similar to morphine or 

24 being capable of conversion into a drug having such addic25 tion-forming or addiction-sustaining liability. 
37 

†S 524 ES

1 ‘‘(b) AUTHORITY.—The Attorney General may make 

2 grants to State law enforcement agencies for investigative 

3 purposes— 

4 ‘‘(1) to locate or investigate illicit activities 

5 through statewide collaboration, including activities 

6 related to— 

7 ‘‘(A) the distribution of heroin or fentanyl, 

8 or the unlawful distribution of prescription 

9 opioids; or 

10 ‘‘(B) unlawful heroin, fentanyl, and pre11 scription opioid traffickers; and 

12 ‘‘(2) to locate or investigate illicit activities, in13 cluding precursor diversion, laboratories, or meth14 amphetamine traffickers.’’. 

15 TITLE III—TREATMENT AND 

16 RECOVERY 

17 SEC. 301. EVIDENCE-BASED PRESCRIPTION OPIOID AND 

18 HEROIN TREATMENT AND INTERVENTIONS 

19 DEMONSTRATION. 

20 Part II of title I of the Omnibus Crime Control and 

21 Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as 

22 amended by section 204, is amended by adding at the end 

23 the following: 
38 

†S 524 ES

1 ‘‘SEC. 2999A. EVIDENCE-BASED PRESCRIPTION OPIOID AND 

2 HEROIN TREATMENT AND INTERVENTIONS 

3 DEMONSTRATION. 

4 ‘‘(a) DEFINITIONS.—In this section— 

5 ‘‘(1) the terms ‘Indian tribe’ and ‘tribal organi6 zation’ have the meaning given those terms in sec7 tion 4 of the Indian Health Care Improvement Act 

8 (25 U.S.C. 1603)); 

9 ‘‘(2) the term ‘medication assisted treatment’ 

10 means the use, for problems relating to heroin and 

11 other opioids, of medications approved by the Food 

12 and Drug Administration in combination with coun13 seling and behavioral therapies; 

14 ‘‘(3) the term ‘opioid’ means any drug having 

15 an addiction-forming or addiction-sustaining liability 

16 similar to morphine or being capable of conversion 

17 into a drug having such addiction-forming or addic18 tion-sustaining liability; 

19 ‘‘(4) the term ‘Secretary’ means the Secretary 

20 of Health and Human Services; and 

21 ‘‘(5) the term ‘State substance abuse agency’ 

22 means the agency of a State responsible for the 

23 State prevention, treatment, and recovery system, 

24 including management of the Substance Abuse Pre25 vention and Treatment Block Grant under subpart 
39 

†S 524 ES

1 II of part B of title XIX of the Public Health Serv2 ice Act (42 U.S.C. 300x–21 et seq.). 

3 ‘‘(b) GRANTS.— 

4 ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec5 retary, acting through the Director of the Center for 

6 Substance Abuse Treatment of the Substance Abuse 

7 and Mental Health Services Administration, and in 

8 coordination with the Attorney General and other 

9 departments or agencies, as appropriate, may award 

10 grants to State substance abuse agencies, units of 

11 local government, nonprofit organizations, and In12 dian tribes or tribal organizations that have a high 

13 rate, or have had a rapid increase, in the use of her14 oin or other opioids, in order to permit such entities 

15 to expand activities, including an expansion in the 

16 availability of medication assisted treatment and 

17 other clinically appropriate services, with respect to 

18 the treatment of addiction in the specific geo19 graphical areas of such entities where there is a high 

20 rate or rapid increase in the use of heroin or other 

21 opioids. 

22 ‘‘(2) NATURE OF ACTIVITIES.—The grant funds 

23 awarded under paragraph (1) shall be used for ac24 tivities that are based on reliable scientific evidence 
40 

†S 524 ES

1 of efficacy in the treatment of problems related to 

2 heroin or other opioids. 

3 ‘‘(c) GEOGRAPHIC DISTRIBUTION.—The Secretary 

4 shall ensure that grants awarded under subsection (b) are 

5 distributed equitably among the various regions of the 

6 United States and among rural, urban, and suburban 

7 areas that are affected by the use of heroin or other 

8 opioids. 

9 ‘‘(d) ADDITIONAL ACTIVITIES.—In administering 

10 grants under subsection (b), the Secretary shall— 

11 ‘‘(1) evaluate the activities supported by grants 

12 awarded under subsection (b); 

13 ‘‘(2) disseminate information, as appropriate, 

14 derived from the evaluation as the Secretary con15 siders appropriate; 

16 ‘‘(3) provide States, Indian tribes and tribal or17 ganizations, and providers with technical assistance 

18 in connection with the provision of treatment of 

19 problems related to heroin and other opioids; and 

20 ‘‘(4) fund only those applications that specifi21 cally support recovery services as a critical compo22 nent of the grant program.’’. 
41 

†S 524 ES

1 SEC. 302. CRIMINAL JUSTICE MEDICATION ASSISTED 

2 TREATMENT AND INTERVENTIONS DEM3 ONSTRATION. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘criminal justice agency’’ means a 

6 State, local, or tribal— 

7 (A) court; 

8 (B) prison; 

9 (C) jail; or 

10 (D) other agency that performs the admin11 istration of criminal justice, including prosecu12 tion, pretrial services, and community super13 vision; 

14 (2) the term ‘‘eligible entity’’ means a State, 

15 unit of local government, or Indian tribe; and 

16 (3) the term ‘‘Secretary’’ means the Secretary 

17 of Health and Human Services. 

18 (b) PROGRAM AUTHORIZED.—The Secretary, in co19 ordination with the Attorney General, may make grants 

20 to eligible entities to implement medication assisted treat21 ment programs through criminal justice agencies. 

22 (c) APPLICATION.— 

23 (1) IN GENERAL.—An eligible entity seeking a 

24 grant under this section shall submit an application 

25 to the Secretary— 
42 

†S 524 ES

1 (A) that meets the criteria under para2 graph (2); and 

3 (B) at such time, in such manner, and ac4 companied by such information as the Secretary 

5 may require. 

6 (2) CRITERIA.—An eligible entity, in submitting 

7 an application under paragraph (1), shall— 

8 (A) certify that each medication assisted 

9 treatment program funded with a grant under 

10 this section has been developed in consultation 

11 with the Single State Authority for Substance 

12 Abuse (as defined in section 201(e) of the Sec13 ond Chance Act of 2007 (42 U.S.C. 17521(e))); 

14 and 

15 (B) describe how data will be collected and 

16 analyzed to determine the effectiveness of the 

17 program described in subparagraph (A). 

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

19 grant received under this section for expenses of— 

20 (1) a medication assisted treatment program, 

21 including the expenses of prescribing medications 

22 recognized by the Food and Drug Administration for 

23 opioid treatment in conjunction with psychological 

24 and behavioral therapy; 
43 

†S 524 ES

1 (2) training criminal justice agency personnel 

2 and treatment providers on medication assisted 

3 treatment; 

4 (3) cross-training personnel providing behav5 ioral health and health services, administration of 

6 medicines, and other administrative expenses, includ7 ing required reports; and 

8 (4) the provision of recovery coaches who are 

9 responsible for providing mentorship and transition 

10 plans to individuals reentering society following in11 carceration or alternatives to incarceration. 

12 (e) PRIORITY CONSIDERATION WITH RESPECT TO

13 STATES.—In awarding grants to States under this sec14 tion, the Secretary shall give priority to a State that— 

15 (1) provides civil liability protection for first re16 sponders, health professionals, and family members 

17 who have received appropriate training in the admin18 istration of naloxone in administering naloxone to 

19 counteract opioid overdoses; and 

20 (2) submits to the Secretary a certification by 

21 the attorney general of the State that the attorney 

22 general has— 

23 (A) reviewed any applicable civil liability 

24 protection law to determine the applicability of 

25 the law with respect to first responders, health 
44 

†S 524 ES

1 care professionals, family members, and other 

2 individuals who— 

3 (i) have received appropriate training 

4 in the administration of naloxone; and 

5 (ii) may administer naloxone to indi6 viduals reasonably believed to be suffering 

7 from opioid overdose; and 

8 (B) concluded that the law described in 

9 subparagraph (A) provides adequate civil liabil10 ity protection applicable to such persons. 

11 (f) TECHNICAL ASSISTANCE.—The Secretary, in co12 ordination with the Director of the National Institute on 

13 Drug Abuse and the Attorney General, shall provide tech14 nical assistance and training for an eligible entity receiv15 ing a grant under this section. 

16 (g) REPORTS.— 

17 (1) IN GENERAL.—An eligible entity receiving a 

18 grant under this section shall submit a report to the 

19 Secretary on the outcomes of each grant received 

20 under this section for individuals receiving medica21 tion assisted treatment, based on— 

22 (A) the recidivism of the individuals; 

23 (B) the treatment outcomes of the individ24 uals, including maintaining abstinence from ille-
45 

†S 524 ES

1 gal, unauthorized, and unprescribed or 

2 undispensed opioids and heroin; 

3 (C) a comparison of the cost of providing 

4 medication assisted treatment to the cost of in5 carceration or other participation in the crimi6 nal justice system; 

7 (D) the housing status of the individuals; 

8 and 

9 (E) the employment status of the individ10 uals. 

11 (2) CONTENTS AND TIMING.—Each report de12 scribed in paragraph (1) shall be submitted annually 

13 in such form, containing such information, and on 

14 such dates as the Secretary shall specify. 

15 (h) FUNDING.—During the 5-year period beginning 

16 on the date of enactment of this Act, the Secretary may 

17 carry out this section using not more than $5,000,000 

18 each fiscal year of amounts appropriated to the Substance 

19 Abuse and Mental Health Services Administration for 

20 Criminal Justice Activities. No additional funds are au21 thorized to be appropriated to carry out this section. 

22 SEC. 303. NATIONAL YOUTH RECOVERY INITIATIVE. 

23 Part II of title I of the Omnibus Crime Control and 

24 Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as 
46 

†S 524 ES

1 amended by section 301, is amended by adding at the end 

2 the following: 

3 ‘‘SEC. 2999B. NATIONAL YOUTH RECOVERY INITIATIVE. 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en6 tity’ means— 

7 ‘‘(A) a high school that has been accred8 ited as a recovery high school by the Associa9 tion of Recovery Schools; 

10 ‘‘(B) an accredited high school that is 

11 seeking to establish or expand recovery support 

12 services; 

13 ‘‘(C) an institution of higher education; 

14 ‘‘(D) a recovery program at a nonprofit 

15 collegiate institution; or 

16 ‘‘(E) a nonprofit organization. 

17 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

18 The term ‘institution of higher education’ has the 

19 meaning given the term in section 101 of the Higher 

20 Education Act of 1965 (20 U.S.C. 1001). 

21 ‘‘(3) RECOVERY PROGRAM.—The term ‘recovery 

22 program’— 

23 ‘‘(A) means a program to help individuals 

24 who are recovering from substance use dis25 orders to initiate, stabilize, and maintain 
47 

†S 524 ES

1 healthy and productive lives in the community; 

2 and 

3 ‘‘(B) includes peer-to-peer support and 

4 communal activities to build recovery skills and 

5 supportive social networks. 

6 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of 

7 Health and Human Services, in coordination with the Sec8 retary of Education, may award grants to eligible entities 

9 to enable the entities to— 

10 ‘‘(1) provide substance use disorder recovery 

11 support services to young people in high school and 

12 enrolled in institutions of higher education; 

13 ‘‘(2) help build communities of support for 

14 young people in recovery through a spectrum of ac15 tivities such as counseling and health- and wellness16 oriented social activities; and 

17 ‘‘(3) encourage initiatives designed to help 

18 young people achieve and sustain recovery from sub19 stance use disorders. 

20 ‘‘(c) USE OF FUNDS.—Grants awarded under sub21 section (b) may be used for activities to develop, support, 

22 and maintain youth recovery support services, including— 

23 ‘‘(1) the development and maintenance of a 

24 dedicated physical space for recovery programs; 
48 

†S 524 ES

1 ‘‘(2) dedicated staff for the provision of recov2 ery programs; 

3 ‘‘(3) health- and wellness-oriented social activi4 ties and community engagement; 

5 ‘‘(4) establishment of recovery high schools; 

6 ‘‘(5) coordination of recovery programs with— 

7 ‘‘(A) substance use disorder treatment pro8 grams and systems; 

9 ‘‘(B) providers of mental health services; 

10 ‘‘(C) primary care providers and physi11 cians; 

12 ‘‘(D) the criminal justice system, including 

13 the juvenile justice system; 

14 ‘‘(E) employers; 

15 ‘‘(F) housing services; 

16 ‘‘(G) child welfare services; 

17 ‘‘(H) high schools and institutions of high18 er education; and 

19 ‘‘(I) other programs or services related to 

20 the welfare of an individual in recovery from a 

21 substance use disorder; 

22 ‘‘(6) the development of peer-to-peer support 

23 programs or services; and 
49 

†S 524 ES

1 ‘‘(7) additional activities that help youths and 

2 young adults to achieve recovery from substance use 

3 disorders.’’. 

4 SEC. 304. BUILDING COMMUNITIES OF RECOVERY. 

5 Part II of title I of the Omnibus Crime Control and 

6 Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as 

7 amended by section 303, is amended by adding at the end 

8 the following: 

9 ‘‘SEC. 2999C. BUILDING COMMUNITIES OF RECOVERY. 

10 ‘‘(a) DEFINITION.—In this section, the term ‘recov11 ery community organization’ means an independent non12 profit organization that— 

13 ‘‘(1) mobilizes resources within and outside of 

14 the recovery community to increase the prevalence 

15 and quality of long-term recovery from substance 

16 use disorders; and 

17 ‘‘(2) is wholly or principally governed by people 

18 in recovery for substance use disorders who reflect 

19 the community served. 

20 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of 

21 Health and Human Services may award grants to recovery 

22 community organizations to enable such organizations to 

23 develop, expand, and enhance recovery services. 
50 

†S 524 ES

1 ‘‘(c) FEDERAL SHARE.—The Federal share of the 

2 costs of a program funded by a grant under this section 

3 may not exceed 50 percent. 

4 ‘‘(d) USE OF FUNDS.—Grants awarded under sub5 section (b)— 

6 ‘‘(1) shall be used to develop, expand, and en7 hance community and statewide recovery support 

8 services; and 

9 ‘‘(2) may be used to— 

10 ‘‘(A) advocate for individuals in recovery 

11 from substance use disorders; 

12 ‘‘(B) build connections between recovery 

13 networks, between recovery community organi14 zations, and with other recovery support serv15 ices, including— 

16 ‘‘(i) substance use disorder treatment 

17 programs and systems; 

18 ‘‘(ii) providers of mental health serv19 ices; 

20 ‘‘(iii) primary care providers and phy21 sicians; 

22 ‘‘(iv) the criminal justice system; 

23 ‘‘(v) employers; 

24 ‘‘(vi) housing services; 

25 ‘‘(vii) child welfare agencies; and 
51 

†S 524 ES

1 ‘‘(viii) other recovery support services 

2 that facilitate recovery from substance use 

3 disorders; 

4 ‘‘(C) reduce the stigma associated with 

5 substance use disorders; 

6 ‘‘(D) conduct public education and out7 reach on issues relating to substance use dis8 orders and recovery, including— 

9 ‘‘(i) how to identify the signs of addic10 tion; 

11 ‘‘(ii) the resources that are available 

12 to individuals struggling with addiction 

13 and families who have a family member 

14 struggling with or being treated for addic15 tion, including programs that mentor and 

16 provide support services to children; 

17 ‘‘(iii) the resources that are available 

18 to help support individuals in recovery; and 

19 ‘‘(iv) information on the medical con20 sequences of substance use disorders, in21 cluding neonatal abstinence syndrome and 

22 potential infection with human immuno23 deficiency virus and viral hepatitis; and 
52 

†S 524 ES

1 ‘‘(E) carry out other activities that 

2 strengthen the network of community support 

3 for individuals in recovery.’’. 

4 TITLE IV—ADDRESSING 

5 COLLATERAL CONSEQUENCES 

6 SEC. 401. CORRECTIONAL EDUCATION DEMONSTRATION 

7 GRANT PROGRAM. 

8 Part II of title I of the Omnibus Crime Control and 

9 Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as 

10 amended by section 304, is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 2999D. CORRECTIONAL EDUCATION DEMONSTRA13 TION GRANT PROGRAM. 

14 ‘‘(a) DEFINITION.—In this section, the term ‘eligible 

15 entity’ means a State, unit of local government, nonprofit 

16 organization, or Indian tribe. 

17 ‘‘(b) GRANT PROGRAM AUTHORIZED.—The Attorney 

18 General may make grants to eligible entities to design, im19 plement, and expand educational programs for offenders 

20 in prisons, jails, and juvenile facilities, including to pay 

21 for— 

22 ‘‘(1) basic education, secondary level academic 

23 education, high school equivalency examination prep24 aration, career technical education, and English lan25 guage learner instruction at the basic, secondary, or 
53 

†S 524 ES

1 post-secondary levels, for adult and juvenile popu2 lations; 

3 ‘‘(2) screening and assessment of inmates to as4 sess education level and needs, occupational interest 

5 or aptitude, risk level, and other needs, and case 

6 management services; 

7 ‘‘(3) hiring and training of instructors and 

8 aides, reimbursement of non-corrections staff and 

9 experts, reimbursement of stipends paid to inmate 

10 tutors or aides, and the costs of training inmate tu11 tors and aides; 

12 ‘‘(4) instructional supplies and equipment, in13 cluding occupational program supplies and equip14 ment to the extent that the supplies and equipment 

15 are used for instructional purposes; 

16 ‘‘(5) partnerships and agreements with commu17 nity colleges, universities, and career technology edu18 cation program providers; 

19 ‘‘(6) certification programs providing recognized 

20 high school equivalency certificates and industry rec21 ognized credentials; and 

22 ‘‘(7) technology solutions to— 

23 ‘‘(A) meet the instructional, assessment, 

24 and information needs of correctional popu25 lations; and 
54 

†S 524 ES

1 ‘‘(B) facilitate the continued participation 

2 of incarcerated students in community-based 

3 education programs after the students are re4 leased from incarceration. 

5 ‘‘(c) APPLICATION.—An eligible entity seeking a 

6 grant under this section shall submit to the Attorney Gen7 eral an application in such form and manner, at such time, 

8 and accompanied by such information as the Attorney 

9 General specifies. 

10 ‘‘(d) PRIORITY CONSIDERATIONS.—In awarding 

11 grants under this section, the Attorney General shall give 

12 priority to applicants that— 

13 ‘‘(1) assess the level of risk and need of in14 mates, including by— 

15 ‘‘(A) assessing the need for English lan16 guage learner instruction; 

17 ‘‘(B) conducting educational assessments; 

18 and 

19 ‘‘(C) assessing occupational interests and 

20 aptitudes; 

21 ‘‘(2) target educational services to assessed 

22 needs, including academic and occupational at the 

23 basic, secondary, or post-secondary level; 

24 ‘‘(3) target career and technology education 

25 programs to— 
55 

†S 524 ES

1 ‘‘(A) areas of identified occupational de2 mand; and 

3 ‘‘(B) employment opportunities in the com4 munities in which students are reasonably ex5 pected to reside post-release; 

6 ‘‘(4) include a range of appropriate educational 

7 opportunities at the basic, secondary, and post-sec8 ondary levels; 

9 ‘‘(5) include opportunities for students to attain 

10 industry recognized credentials; 

11 ‘‘(6) include partnership or articulation agree12 ments linking institutional education programs with 

13 community sited programs provided by adult edu14 cation program providers and accredited institutions 

15 of higher education, community colleges, and voca16 tional training institutions; and 

17 ‘‘(7) explicitly include career pathways models 

18 offering opportunities for incarcerated students to 

19 develop academic skills, in-demand occupational 

20 skills and credentials, occupational experience in in21 stitutional work programs or work release programs, 

22 and linkages with employers in the community, so 

23 that incarcerated students have opportunities to em24 bark on careers with strong prospects for both post- 
56 

†S 524 ES

1 release employment and advancement in a career 

2 ladder over time. 

3 ‘‘(e) REQUIREMENTS.—An eligible entity seeking a 

4 grant under this section shall— 

5 ‘‘(1) describe the evidence-based methodology 

6 and outcome measurements that will be used to 

7 evaluate each program funded with a grant under 

8 this section, and specifically explain how such meas9 urements will provide valid measures of the impact 

10 of the program; and 

11 ‘‘(2) describe how each program described in 

12 paragraph (1) could be broadly replicated if dem13 onstrated to be effective. 

14 ‘‘(f) CONTROL OF INTERNET ACCESS.—An entity 

15 that receives a grant under this section may restrict access 

16 to the Internet by prisoners, as appropriate and in accord17 ance with Federal and State law, to ensure public safety.’’. 

18 SEC. 402. NATIONAL TASK FORCE ON RECOVERY AND COL19 LATERAL CONSEQUENCES. 

20 (a) DEFINITION.—In this section, the term ‘‘collat21 eral consequence’’ means a penalty, disability, or dis22 advantage imposed on an individual who is in recovery for 

23 a substance use disorder (including by an administrative 

24 agency, official, or civil court ) as a result of a Federal 

25 or State conviction for a drug-related offense but not as 
57 

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1 part of the judgment of the court that imposes the convic2 tion. 

3 (b) ESTABLISHMENT.— 

4 (1) IN GENERAL.—Not later than 30 days after 

5 the date of enactment of this Act, the Attorney Gen6 eral shall establish a bipartisan task force to be 

7 known as the Task Force on Recovery and Collateral 

8 Consequences (in this section referred to as the 

9 ‘‘Task Force’’). 

10 (2) MEMBERSHIP.— 

11 (A) TOTAL NUMBER OF MEMBERS.—The 

12 Task Force shall include 10 members, who shall 

13 be appointed by the Attorney General in accord14 ance with subparagraphs (B) and (C). 

15 (B) MEMBERS OF THE TASK FORCE.—The 

16 Task Force shall include— 

17 (i) members who have national rec18 ognition and significant expertise in areas 

19 such as health care, housing, employment, 

20 substance use disorders, mental health, law 

21 enforcement, and law; 

22 (ii) not fewer than 2 members— 

23 (I) who have personally experi24 enced a substance abuse disorder or 

25 addiction and are in recovery; and 
58 

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1 (II) not fewer than 1 of whom 

2 has benefitted from medication as3 sisted treatment; and 

4 (iii) to the extent practicable, mem5 bers who formerly served as elected offi6 cials at the State and Federal levels. 

7 (C) TIMING.—The Attorney General shall 

8 appoint the members of the Task Force not 

9 later than 60 days after the date on which the 

10 Task Force is established under paragraph (1). 

11 (3) CHAIRPERSON.—The Task Force shall se12 lect a chairperson or co-chairpersons from among 

13 the members of the Task Force. 

14 (c) DUTIES OF THE TASK FORCE.— 

15 (1) IN GENERAL.—The Task Force shall— 

16 (A) identify collateral consequences for in17 dividuals with Federal or State convictions for 

18 drug-related offenses who are in recovery for 

19 substance use disorder; and 

20 (B) examine any policy basis for the impo21 sition of collateral consequences identified 

22 under subparagraph (A) and the effect of the 

23 collateral consequences on individuals in recov24 ery in resuming their personal and professional 

25 activities. 
59 

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1 (2) RECOMMENDATIONS.—Not later than 180 

2 days after the date of the first meeting of the Task 

3 Force, the Task Force shall develop recommenda4 tions, as it considers appropriate, for proposed legis5 lative and regulatory changes related to the collat6 eral consequences identified under paragraph (1). 

7 (3) COLLECTION OF INFORMATION.—The Task 

8 Force shall hold hearings, require the testimony and 

9 attendance of witnesses, and secure information 

10 from any department or agency of the United States 

11 in performing the duties under paragraphs (1) and 

12 (2). 

13 (4) REPORT.— 

14 (A) SUBMISSION TO EXECUTIVE

15 BRANCH.—Not later than 1 year after the date 

16 of the first meeting of the Task Force, the 

17 Task Force shall submit a report detailing the 

18 findings and recommendations of the Task 

19 Force to— 

20 (i) the head of each relevant depart21 ment or agency of the United States; 

22 (ii) the President; and 

23 (iii) the Vice President. 

24 (B) SUBMISSION TO CONGRESS.—The indi25 viduals who receive the report under subpara-
60 

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1 graph (A) shall submit to Congress such legisla2 tive recommendations, if any, as those individ3 uals consider appropriate based on the report. 

4 TITLE V—ADDICTION AND 

5 TREATMENT SERVICES FOR 

6 WOMEN, FAMILIES, AND VET7 ERANS 

8 SEC. 501. IMPROVING TREATMENT FOR PREGNANT AND 

9 POSTPARTUM WOMEN. 

10 (a) IN GENERAL.—Section 508 of the Public Health 

11 Service Act (42 U.S.C. 290bb–1) is amended— 

12 (1) in subsection (a), by inserting ‘‘(referred to 

13 in this section as the ‘Director’)’’ after ‘‘Director of 

14 the Center for Substance Abuse Treatment’’; and 

15 (2) in subsection (p), in the first sentence— 

16 (A) by striking ‘‘Committee on Labor and 

17 Human Resources’’ and inserting ‘‘Committee 

18 on Health, Education, Labor, and Pensions’’; 

19 and 

20 (B) by inserting ‘‘(other than subsection 

21 (r))’’ after ‘‘this section’’. 

22 (b) PILOT PROGRAM GRANTS FOR STATE SUB23 STANCE ABUSE AGENCIES.—Section 508 of the Public 

24 Health Service Act (42 U.S.C. 290bb–1) is amended— 

25 (1) by striking subsection (r); and 
61 

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1 (2) by inserting after subsection (q) the fol2 lowing: 

3 ‘‘(r) PILOT PROGRAM FOR STATE SUBSTANCE

4 ABUSE AGENCIES.— 

5 ‘‘(1) IN GENERAL.—The Director shall carry 

6 out a pilot program under which the Director makes 

7 competitive grants to State substance abuse agencies 

8 to— 

9 ‘‘(A) enhance flexibility in the use of funds 

10 designed to support family-based services for 

11 pregnant and postpartum women with a pri12 mary diagnosis of a substance use disorder, in13 cluding opioid use disorders; 

14 ‘‘(B) help State substance abuse agencies 

15 address identified gaps in services furnished to 

16 such women along the continuum of care, in17 cluding services provided to women in non-resi18 dential based settings; and 

19 ‘‘(C) promote a coordinated, effective, and 

20 efficient State system managed by State sub21 stance abuse agencies by encouraging new ap22 proaches and models of service delivery that are 

23 evidence-based, including effective family-based 

24 programs for women involved with the criminal 

25 justice system. 
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1 ‘‘(2) REQUIREMENTS.—In carrying out the 

2 pilot program under this subsection, the Director— 

3 ‘‘(A) shall require State substance abuse 

4 agencies to submit to the Director applications, 

5 in such form and manner and containing such 

6 information as specified by the Director, to be 

7 eligible to receive a grant under the program; 

8 ‘‘(B) shall identify, based on such sub9 mitted applications, State substance abuse 

10 agencies that are eligible for such grants; 

11 ‘‘(C) shall require services proposed to be 

12 furnished through such a grant to support fam13 ily-based treatment and other services for preg14 nant and postpartum women with a primary di15 agnosis of a substance use disorder, including 

16 opioid use disorders; 

17 ‘‘(D) notwithstanding subsection (a)(1), 

18 shall not require that services furnished 

19 through such a grant be provided solely to 

20 women that reside in facilities; and 

21 ‘‘(E) shall not require that grant recipients 

22 under the program make available all services 

23 described in subsection (d). 

24 ‘‘(3) REQUIRED SERVICES.— 
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1 ‘‘(A) IN GENERAL.—The Director shall 

2 specify minimum services required to be made 

3 available to eligible women through a grant 

4 awarded under the pilot program under this 

5 subsection. Such minimum services— 

6 ‘‘(i) shall include the requirements de7 scribed in subsection (c); 

8 ‘‘(ii) may include any of the services 

9 described in subsection (d); 

10 ‘‘(iii) may include other services, as 

11 appropriate; and 

12 ‘‘(iv) shall be based on the rec13 ommendations submitted under subpara14 graph (B) 

15 ‘‘(B) STAKEHOLDER INPUT.—The Director 

16 shall convene and solicit recommendations from 

17 stakeholders, including State substance abuse 

18 agencies, health care providers, persons in re19 covery from a substance use disorder, and other 

20 appropriate individuals, for the minimum serv21 ices described in subparagraph (A). 

22 ‘‘(4) DURATION.—The pilot program under this 

23 subsection shall not exceed 5 years. 

24 ‘‘(5) EVALUATION AND REPORT TO CON25 GRESS.— 
64 

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1 ‘‘(A) IN GENERAL.—Out of amounts made 

2 available to the Center for Behavioral Health 

3 Statistics and Quality, the Director of the Cen4 ter for Behavioral Health Statistics and Qual5 ity, in cooperation with the recipients of grants 

6 under this subsection, shall conduct an evalua7 tion of the pilot program under this subsection, 

8 beginning 1 year after the date on which a 

9 grant is first awarded under this subsection. 

10 The Director of the Center for Behavioral 

11 Health Statistics and Quality, in coordination 

12 with the Director of the Center for Substance 

13 Abuse Treatment, not later than 120 days after 

14 completion of such evaluation, shall submit to 

15 the relevant Committees of the Senate and the 

16 House of Representatives a report on such eval17 uation. 

18 ‘‘(B) CONTENTS.—The report to Congress 

19 under subparagraph (A) shall include, at a min20 imum, outcomes information from the pilot pro21 gram, including any resulting reductions in the 

22 use of alcohol and other drugs, engagement in 

23 treatment services, retention in the appropriate 

24 level and duration of services, increased access 

25 to the use of drugs approved by the Food and 
65 

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1 Drug Administration for the treatment of sub2 stance use disorders in combination with coun3 seling, and other appropriate measures. 

4 ‘‘(6) DEFINITION OF STATE SUBSTANCE ABUSE

5 AGENCY.—For purposes of this subsection, the term 

6 ‘State substance abuse agency’ means, with respect 

7 to a State, the agency in such State that manages 

8 the substance abuse prevention and treatment block 

9 grant program under part B of title XIX. 

10 ‘‘(s) FUNDING.— 

11 ‘‘(1) IN GENERAL.—For the purpose of car12 rying out this section, there are authorized to be ap13 propriated $15,900,000 for each of fiscal years 2016 

14 through 2020. 

15 ‘‘(2) LIMITATION.—Of the amounts made avail16 able under paragraph (1) to carry out this section, 

17 not more than 25 percent may be used each fiscal 

18 year to carry out subsection (r).’’. 

19 SEC. 502. REPORT ON GRANTS FOR FAMILY-BASED SUB20 STANCE ABUSE TREATMENT. 

21 Section 2925 of the Omnibus Crime Control and Safe 

22 Streets Act of 1968 (42 U.S.C. 3797s–4) is amended— 

23 (1) by striking ‘‘An entity’’ and inserting ‘‘(a) 

24 ENTITY REPORTS.—An entity’’; and 

25 (2) by adding at the end the following: 
66 

†S 524 ES

1 ‘‘(b) ATTORNEY GENERAL REPORT ON FAMILY2 BASED SUBSTANCE ABUSE TREATMENT.—The Attorney 

3 General shall submit to Congress an annual report that 

4 describes the number of grants awarded under section 

5 2921(1) and how such grants are used by the recipients 

6 for family-based substance abuse treatment programs that 

7 serve as alternatives to incarceration for custodial parents 

8 to receive treatment and services as a family.’’. 

9 SEC. 503. VETERANS’ TREATMENT COURTS. 

10 Section 2991(j)(1)(B)(ii) of title I of the Omnibus 

11 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

12 3797aa(j)(1)(B)(ii)), as amended by the Comprehensive 

13 Justice and Mental Health Act of 2015 (S. 993, 114th 

14 Congress), is amended— 

15 (1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; 

16 (2) in subclause (I), as so designated, by strik17 ing the period and inserting ‘‘; or’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(II) was discharged or released from 

20 such service under dishonorable conditions, 

21 if the reason for that discharge or release, 

22 if known, is attributable to a substance use 

23 disorder.’’. 
67 

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1 TITLE VI—INCENTIVIZING STATE 

2 COMPREHENSIVE INITIA3 TIVES TO ADDRESS PRE4 SCRIPTION OPIOID AND HER5 OIN ABUSE 

6 SEC. 601. STATE DEMONSTRATION GRANTS FOR COM7 PREHENSIVE OPIOID ABUSE RESPONSE. 

8 (a) DEFINITIONS.—In this section— 

9 (1) the term ‘‘dispenser’’ has the meaning given 

10 the term in section 102 of the Controlled Substances 

11 Act (21 U.S.C. 802); 

12 (2) the term ‘‘prescriber’’ means a dispenser 

13 who prescribes a controlled substance, or the agent 

14 of such a dispenser; 

15 (3) the term ‘‘prescriber of a schedule II, III, 

16 or IV controlled substance’’ does not include a pre17 scriber of a schedule II, III, or IV controlled sub18 stance that dispenses the substance— 

19 (A) for use on the premises on which the 

20 substance is dispensed; 

21 (B) in a hospital emergency room, when 

22 the substance is in short supply; 

23 (C) for a certified opioid treatment pro24 gram; or 
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1 (D) in other situations as the Attorney 

2 General may reasonably determine; and 

3 (4) the term ‘‘schedule II, III, or IV controlled 

4 substance’’ means a controlled substance that is list5 ed on schedule II, schedule III, or schedule IV of 

6 section 202(c) of the Controlled Substances Act (21 

7 U.S.C. 812(c)). 

8 (b) PLANNING AND IMPLEMENTATION GRANTS.— 

9 (1) IN GENERAL.—The Attorney General, in co10 ordination with the Secretary of Health and Human 

11 Services and in consultation with the Director of the 

12 Office of National Drug Control Policy, may award 

13 grants to States, and combinations thereof, to pre14 pare a comprehensive plan for and implement an in15 tegrated opioid abuse response initiative. 

16 (2) PURPOSES.—A State receiving a grant 

17 under this section shall establish a comprehensive 

18 response to opioid abuse, which shall include— 

19 (A) prevention and education efforts 

20 around heroin and opioid use, treatment, and 

21 recovery, including education of residents, med22 ical students, and physicians and other pre23 scribers of schedule II, III, or IV controlled 

24 substances on relevant prescribing guidelines 
69 

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1 and the prescription drug monitoring program 

2 of the State; 

3 (B) a comprehensive prescription drug 

4 monitoring program to track dispensing of 

5 schedule II, III, or IV controlled substances, 

6 which shall— 

7 (i) provide for data sharing with other 

8 States by statute, regulation, or interstate 

9 agreement; and 

10 (ii) allow for access to all individuals 

11 authorized by the State to write prescrip12 tions for schedule II, III, or IV controlled 

13 substances on the prescription drug moni14 toring program of the State; 

15 (C) developing, implementing, or expand16 ing prescription drug and opioid addiction 

17 treatment programs by— 

18 (i) expanding programs for medication 

19 assisted treatment of prescription drug and 

20 opioid addiction, including training for 

21 treatment and recovery support providers; 

22 (ii) developing, implementing, or ex23 panding programs for behavioral health 

24 therapy for individuals who are in treat-
70 

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1 ment for prescription drug and opioid ad2 diction; 

3 (iii) developing, implementing, or ex4 panding programs to screen individuals 

5 who are in treatment for prescription drug 

6 and opioid addiction for hepatitis C and 

7 HIV, and provide treatment for those indi8 viduals if clinically appropriate; or 

9 (iv) developing, implementing, or ex10 panding programs that provide screening, 

11 early intervention, and referral to treat12 ment (commonly known as ‘‘SBIRT’’) to 

13 teenagers and young adults in primary 

14 care, middle schools, high schools, univer15 sities, school-based health centers, and 

16 other community-based health care settings 

17 frequently accessed by teenagers or young 

18 adults; and 

19 (D) developing, implementing, and expand20 ing programs to prevent overdose death from 

21 prescription medications and opioids. 

22 (3) PLANNING GRANT APPLICATIONS.— 

23 (A) APPLICATION.— 

24 (i) IN GENERAL.—A State seeking a 

25 planning grant under this section to pre-
71 

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1 pare a comprehensive plan for an inte2 grated opioid abuse response initiative 

3 shall submit to the Attorney General an 

4 application in such form, and containing 

5 such information, as the Attorney General 

6 may require. 

7 (ii) REQUIREMENTS.—An application 

8 for a planning grant under this section 

9 shall, at a minimum, include— 

10 (I) a budget and a budget jus11 tification for the activities to be car12 ried out using the grant; 

13 (II) a description of the activities 

14 proposed to be carried out using the 

15 grant, including a schedule for com16 pletion of such activities; 

17 (III) outcome measures that will 

18 be used to measure the effectiveness 

19 of the programs and initiatives to ad20 dress opioids; and 

21 (IV) a description of the per22 sonnel necessary to complete such ac23 tivities. 

24 (B) PERIOD; NONRENEWABILITY.—A plan25 ning grant under this section shall be for a pe-
72 

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1 riod of 1 year. A State may not receive more 

2 than 1 planning grant under this section. 

3 (C) STRATEGIC PLAN AND PROGRAM IM4 PLEMENTATION PLAN.—A State receiving a 

5 planning grant under this section shall develop 

6 a strategic plan and a program implementation 

7 plan. 

8 (4) IMPLEMENTATION GRANTS.— 

9 (A) APPLICATION.—A State seeking an 

10 implementation grant under this section to im11 plement a comprehensive strategy for address12 ing opioid abuse shall submit to the Attorney 

13 General an application in such form, and con14 taining such information, as the Attorney Gen15 eral may require. 

16 (B) USE OF FUNDS.—A State that receives 

17 an implementation grant under this section 

18 shall use the grant for the cost of carrying out 

19 an integrated opioid abuse response program in 

20 accordance with this section, including for tech21 nical assistance, training, and administrative 

22 expenses. 

23 (C) REQUIREMENTS.—An integrated 

24 opioid abuse response program carried out 
73 

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1 using an implementation grant under this sec2 tion shall— 

3 (i) require that each prescriber of a 

4 schedule II, III, or IV controlled substance 

5 in the State— 

6 (I) registers with the prescription 

7 drug monitoring program of the 

8 State; and 

9 (II) consults the prescription 

10 drug monitoring program database of 

11 the State before prescribing a sched12 ule II, III, or IV controlled substance; 

13 (ii) require that each dispenser of a 

14 schedule II, III, or IV controlled substance 

15 in the State— 

16 (I) registers with the prescription 

17 drug monitoring program of the 

18 State; 

19 (II) consults the prescription 

20 drug monitoring program database of 

21 the State before dispensing a schedule 

22 II, III, or IV controlled substance; 

23 and 

24 (III) reports to the prescription 

25 drug monitoring program of the 
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1 State, at a minimum, each instance in 

2 which a schedule II, III, or IV con3 trolled substance is dispensed, with 

4 limited exceptions, as defined by the 

5 State, which shall indicate the pre6 scriber by name and National Pro7 vider Identifier; 

8 (iii) require that, not fewer than 4 

9 times each year, the State agency or agen10 cies that administer the prescription drug 

11 monitoring program of the State prepare 

12 and provide to each prescriber of a sched13 ule II, III, or IV controlled substance an 

14 informational report that shows how the 

15 prescribing patterns of the prescriber com16 pare to prescribing practices of the peers 

17 of the prescriber and expected norms; 

18 (iv) if informational reports provided 

19 to a prescriber under clause (iii) indicate 

20 that the prescriber is repeatedly falling 

21 outside of expected norms or standard 

22 practices for the prescriber’s field, direct 

23 the prescriber to educational resources on 

24 appropriate prescribing of controlled sub25 stances; 
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1 (v) ensure that the prescriber licens2 ing board of the State receives a report de3 scribing any prescribers that repeatedly 

4 fall outside of expected norms or standard 

5 practices for the prescriber’s field, as de6 scribed in clause (iii); 

7 (vi) require consultation with the Sin8 gle State Authority for Substance Abuse 

9 (as defined in section 201(e) of the Second 

10 Chance Act of 2007 (42 U.S.C. 

11 17521(e))); and 

12 (vii) establish requirements for how 

13 data will be collected and analyzed to de14 termine the effectiveness of the program. 

15 (D) PERIOD.—An implementation grant 

16 under this section shall be for a period of 2 

17 years. 

18 (5) PRIORITY CONSIDERATIONS.—In awarding 

19 planning and implementation grants under this sec20 tion, the Attorney General shall give priority to a 

21 State that— 

22 (A)(i) provides civil liability protection for 

23 first responders, health professionals, and fam24 ily members who have received appropriate 

25 training in the administration of naloxone in 
76 

†S 524 ES

1 administering naloxone to counteract opioid 

2 overdoses; and 

3 (ii) submits to the Attorney General a cer4 tification by the attorney general of the State 

5 that the attorney general 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, health care professionals, family 

10 members, and other individuals who— 

11 (aa) have received appropriate 

12 training in the administration of 

13 naloxone; and 

14 (bb) may administer naloxone to 

15 individuals reasonably believed to be 

16 suffering from opioid overdose; and 

17 (II) concluded that the law described 

18 in subclause (I) provides adequate civil li19 ability protection applicable to such per20 sons; 

21 (B) has in effect legislation or implements 

22 a policy under which the State shall not termi23 nate, but may suspend, enrollment under the 

24 State plan for medical assistance under title 

25 XIX of the Social Security Act (42 U.S.C. 1396 
77 

†S 524 ES

1 et seq.) for an individual who is incarcerated for 

2 a period of fewer than 2 years; 

3 (C) has a process for enrollment in services 

4 and benefits necessary by criminal justice agen5 cies to initiate or continue treatment in the 

6 community, under which an individual who is 

7 incarcerated may, while incarcerated, enroll in 

8 services and benefits that are necessary for the 

9 individual to continue treatment upon release 

10 from incarceration; 

11 (D) ensures the capability of data sharing 

12 with other States, such as by making data 

13 available to a prescription monitoring hub; 

14 (E) ensures that data recorded in the pre15 scription drug monitoring program database of 

16 the State is available within 24 hours, to the 

17 extent possible; and 

18 (F) ensures that the prescription drug 

19 monitoring program of the State notifies pre20 scribers and dispensers of schedule II, III, or 

21 IV controlled substances when overuse or mis22 use of such controlled substances by patients is 

23 suspected. 

24 (c) AUTHORIZATION OF FUNDING.—For each of fis25 cal years 2016 through 2020, the Attorney General may 
78 

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1 use, from any unobligated balances made available under 

2 the heading ‘‘GENERAL ADMINISTRATION’’ to the 

3 Department of Justice in an appropriation Act, such 

4 amounts as are necessary to carry out this section, not 

5 to exceed $5,000,000 per fiscal year. 

6 TITLE VII—MISCELLANEOUS 

7 SEC. 701. GAO REPORT ON IMD EXCLUSION. 

8 (a) DEFINITION.—In this section, the term ‘‘Med9 icaid Institutions for Mental Disease exclusion’’ means the 

10 prohibition on Federal matching payments under Medicaid 

11 for patients who have attained age 22, but have not at12 tained age 65, in an institution for mental diseases under 

13 subparagraph (B) of the matter following subsection (a) 

14 of section 1905 of the Social Security Act (42 U.S.C. 

15 1396d) and subsection (i) of such section. 

16 (b) REPORT REQUIRED.—Not later than 1 year after 

17 the date of enactment of this Act, the Comptroller General 

18 of the United States shall submit to Congress a report 

19 on the impact that the Medicaid Institutions for Mental 

20 Disease exclusion has on access to treatment for individ21 uals with a substance use disorder. 

22 (c) ELEMENTS.—The report required under sub23 section (b) shall include a review of what is known regard24 ing— 
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1 (1) Medicaid beneficiary access to substance use 

2 disorder treatments in institutions for mental dis3 ease; and 

4 (2) the quality of care provided to Medicaid 

5 beneficiaries treated in and outside of institutions 

6 for mental disease for substance use disorders. 

7 SEC. 702. FUNDING. 

8 Part II of title I of the Omnibus Crime Control and 

9 Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as 

10 amended by section 401, is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 2999E. FUNDING. 

13 ‘‘There are authorized to be appropriated to the At14 torney General and the Secretary of Health and Human 

15 Services to carry out this part $62,000,000 for each of 

16 fiscal years 2016 through 2020.’’. 

17 SEC. 703. CONFORMING AMENDMENTS. 

18 Part II of title I of the Omnibus Crime Control and 

19 Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.) is 

20 amended— 

21 (1) in the part heading, by striking ‘‘CON22 FRONTING USE OF METHAMPHETAMINE’’ and 

23 inserting ‘‘COMPREHENSIVE ADDICTION AND

24 RECOVERY’’; and 
80 

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1 (2) in section 2996(a)(1), by striking ‘‘this 

2 part’’ and inserting ‘‘this section’’. 

3 SEC. 704. GRANT ACCOUNTABILITY. 

4 (a) GRANTS UNDER PART II OF TITLE I OF THE OM5 NIBUS CRIME CONTROL AND SAFE STREETS ACT OF

6 1968.—Part II of title I of the Omnibus Crime Control 

7 and Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.); 

8 as amended by section 702, is amended by adding at the 

9 end the following: 

10 ‘‘SEC. 2999F. GRANT ACCOUNTABILITY. 

11 ‘‘(a) DEFINITIONS.—In this section— 

12 ‘‘(1) the term ‘applicable committees’— 

13 ‘‘(A) with respect to the Attorney General 

14 and any other official of the Department of 

15 Justice, means— 

16 ‘‘(i) the Committee on the Judiciary 

17 of the Senate; and 

18 ‘‘(ii) the Committee on the Judiciary 

19 of the House of Representatives; and 

20 ‘‘(B) with respect to the Secretary of 

21 Health and Human Services and any other offi22 cial of the Department of Health and Human 

23 Services, means— 
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1 ‘‘(i) the Committee on Health, Edu2 cation, Labor, and Pensions of the Senate; 

3 and 

4 ‘‘(ii) the Committee on Energy and 

5 Commerce of the House of Representa6 tives; 

7 ‘‘(2) the term ‘covered agency’ means— 

8 ‘‘(A) the Department of Justice; and 

9 ‘‘(B) the Department of Health and 

10 Human Services; and 

11 ‘‘(3) the term ‘covered official’ means— 

12 ‘‘(A) the Attorney General; and 

13 ‘‘(B) the Secretary of Health and Human 

14 Services. 

15 ‘‘(b) ACCOUNTABILITY.—All grants awarded by a 

16 covered official under this part shall be subject to the fol17 lowing accountability provisions: 

18 ‘‘(1) AUDIT REQUIREMENT.— 

19 ‘‘(A) DEFINITION.—In this paragraph, the 

20 term ‘unresolved audit finding’ means a finding 

21 in the final audit report of the Inspector Gen22 eral of a covered agency that the audited grant23 ee has utilized grant funds for an unauthorized 

24 expenditure or otherwise unallowable cost that 

25 is not closed or resolved within 12 months after 
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1 the date on which the final audit report is 

2 issued. 

3 ‘‘(B) AUDIT.—Beginning in the first fiscal 

4 year beginning after the date of enactment of 

5 this section, and in each fiscal year thereafter, 

6 the Inspector General of a covered agency shall 

7 conduct audits of recipients of grants awarded 

8 by the applicable covered official under this 

9 part to prevent waste, fraud, and abuse of 

10 funds by grantees. The Inspector General shall 

11 determine the appropriate number of grantees 

12 to be audited each year. 

13 ‘‘(C) MANDATORY EXCLUSION.—A recipi14 ent of grant funds under this part that is found 

15 to have an unresolved audit finding shall not be 

16 eligible to receive grant funds under this part 

17 during the first 2 fiscal years beginning after 

18 the end of the 12-month period described in 

19 subparagraph (A). 

20 ‘‘(D) PRIORITY.—In awarding grants 

21 under this part, a covered official shall give pri22 ority to eligible applicants that did not have an 

23 unresolved audit finding during the 3 fiscal 

24 years before submitting an application for a 

25 grant under this part. 
83 

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1 ‘‘(E) REIMBURSEMENT.—If an entity is 

2 awarded grant funds under this part during the 

3 2-fiscal-year period during which the entity is 

4 barred from receiving grants under subpara5 graph (C), the covered official that awarded the 

6 grant funds shall— 

7 ‘‘(i) deposit an amount equal to the 

8 amount of the grant funds that were im9 properly awarded to the grantee into the 

10 General Fund of the Treasury; and 

11 ‘‘(ii) seek to recoup the costs of the 

12 repayment to the fund from the grant re13 cipient that was erroneously awarded grant 

14 funds. 

15 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE16 MENTS.— 

17 ‘‘(A) DEFINITION.—For purposes of this 

18 paragraph and the grant programs under this 

19 part, the term ‘nonprofit organization’ means 

20 an organization that is described in section 

21 501(c)(3) of the Internal Revenue Code of 1986 

22 and is exempt from taxation under section 

23 501(a) of such Code. 

24 ‘‘(B) PROHIBITION.—A covered official 

25 may not award a grant under this part to a 
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1 nonprofit organization that holds money in off2 shore accounts for the purpose of avoiding pay3 ing the tax described in section 511(a) of the 

4 Internal Revenue Code of 1986. 

5 ‘‘(C) DISCLOSURE.—Each nonprofit orga6 nization that is awarded a grant under this part 

7 and uses the procedures prescribed in regula8 tions to create a rebuttable presumption of rea9 sonableness for the compensation of its officers, 

10 directors, trustees, and key employees, shall dis11 close to the applicable covered official, in the 

12 application for the grant, the process for deter13 mining such compensation, including the inde14 pendent persons involved in reviewing and ap15 proving such compensation, the comparability 

16 data used, and contemporaneous substantiation 

17 of the deliberation and decision. Upon request, 

18 a covered official shall make the information 

19 disclosed under this subparagraph available for 

20 public inspection. 

21 ‘‘(3) CONFERENCE EXPENDITURES.— 

22 ‘‘(A) LIMITATION.—No amounts made 

23 available to a covered official under this part 

24 may be used by the covered official, or by any 

25 individual or entity awarded discretionary funds 
85 

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1 through a cooperative agreement under this 

2 part, to host or support any expenditure for 

3 conferences that uses more than $20,000 in 

4 funds made available by the covered official, un5 less the covered official provides prior written 

6 authorization that the funds may be expended 

7 to host the conference. 

8 ‘‘(B) WRITTEN AUTHORIZATION.—Written 

9 authorization under subparagraph (A) shall in10 clude a written estimate of all costs associated 

11 with the conference, including the cost of all 

12 food, beverages, audio-visual equipment, hono13 raria for speakers, and entertainment. 

14 ‘‘(C) REPORT.— 

15 ‘‘(i) DEPARTMENT OF JUSTICE.—The 

16 Deputy Attorney General shall submit to 

17 the applicable committees an annual report 

18 on all conference expenditures approved by 

19 the Attorney General under this para20 graph. 

21 ‘‘(ii) DEPARTMENT OF HEALTH AND

22 HUMAN SERVICES.—The Deputy Secretary 

23 of Health and Human Services shall sub24 mit to the applicable committees an annual 

25 report on all conference expenditures ap-
86 

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1 proved by the Secretary of Health and 

2 Human Services under this paragraph. 

3 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in 

4 the first fiscal year beginning after the date of en5 actment of this section, each covered official shall 

6 submit to the applicable committees an annual cer7 tification— 

8 ‘‘(A) indicating whether— 

9 ‘‘(i) all audits issued by the Office of 

10 the Inspector General of the applicable 

11 agency under paragraph (1) have been 

12 completed and reviewed by the appropriate 

13 Assistant Attorney General or Director, or 

14 the appropriate official of the Department 

15 of Health and Human Services, as applica16 ble; 

17 ‘‘(ii) all mandatory exclusions required 

18 under paragraph (1)(C) have been issued; 

19 and 

20 ‘‘(iii) all reimbursements required 

21 under paragraph (1)(E) have been made; 

22 and 

23 ‘‘(B) that includes a list of any grant re24 cipients excluded under paragraph (1) from the 

25 previous year. 
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1 ‘‘(c) PREVENTING DUPLICATIVE GRANTS.— 

2 ‘‘(1) IN GENERAL.—Before a covered official 

3 awards a grant to an applicant under this part, the 

4 covered official shall compare potential grant awards 

5 with other grants awarded under this part by the 

6 covered official to determine if duplicate grant 

7 awards are awarded for the same purpose. 

8 ‘‘(2) REPORT.—If a covered official awards du9 plicate grants to the same applicant for the same 

10 purpose, the covered official shall submit to the ap11 plicable committees a report that includes— 

12 ‘‘(A) a list of all duplicate grants awarded, 

13 including the total dollar amount of any dupli14 cate grants awarded; and 

15 ‘‘(B) the reason the covered official award16 ed the duplicate grants.’’. 

17 (b) OTHER GRANTS.— 

18 (1) DEFINITIONS.—In this subsection— 

19 (A) the term ‘‘applicable committees’’— 

20 (i) with respect to the Attorney Gen21 eral and any other official of the Depart22 ment of Justice, means— 

23 (I) the Committee on the Judici24 ary of the Senate; and 
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1 (II) the Committee on the Judici2 ary of the House of Representatives; 

3 and 

4 (ii) with respect to the Secretary of 

5 Health and Human Services and any other 

6 official of the Department of Health and 

7 Human Services, means— 

8 (I) the Committee on Health, 

9 Education, Labor, and Pensions of 

10 the Senate; and 

11 (II) the Committee on Energy 

12 and Commerce of the House of Rep13 resentatives; 

14 (B) the term ‘‘covered agency’’ means— 

15 (i) the Department of Justice; and 

16 (ii) the Department of Health and 

17 Human Services; 

18 (C) the term ‘‘covered grant’’ means a 

19 grant under section 201, 302, or 601 of this 

20 Act or section 508 of the Public Health Service 

21 Act (42 U.S.C. 290bb–1) (as amended by sec22 tion 501 of this Act); and 

23 (D) the term ‘‘covered official’’ means— 

24 (i) the Attorney General; and 
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1 (ii) the Secretary of Health and 

2 Human Services. 

3 (2) ACCOUNTABILITY.—All covered grants 

4 awarded by a covered official shall be subject to the 

5 following accountability provisions: 

6 (A) AUDIT REQUIREMENT.— 

7 (i) DEFINITION.—In this subpara8 graph, the term ‘‘unresolved audit finding’’ 

9 means a finding in the final audit report of 

10 the Inspector General of a covered agency 

11 that the audited grantee has utilized grant 

12 funds for an unauthorized expenditure or 

13 otherwise unallowable cost that is not 

14 closed or resolved within 12 months after 

15 the date on which the final audit report is 

16 issued. 

17 (ii) AUDIT.—Beginning in the first 

18 fiscal year beginning after the date of en19 actment of this Act, and in each fiscal year 

20 thereafter, the Inspector General of a cov21 ered agency shall conduct audits of recipi22 ents of covered grants awarded by the ap23 plicable covered official to prevent waste, 

24 fraud, and abuse of funds by grantees. The 

25 Inspector General shall determine the ap-
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1 propriate number of grantees to be audited 

2 each year. 

3 (iii) MANDATORY EXCLUSION.—A re4 cipient of covered grant funds that is 

5 found to have an unresolved audit finding 

6 shall not be eligible to receive covered 

7 grant funds during the first 2 fiscal years 

8 beginning after the end of the 12-month 

9 period described in clause (i). 

10 (iv) PRIORITY.—In awarding covered 

11 grants, a covered official shall give priority 

12 to eligible applicants that did not have an 

13 unresolved audit finding during the 3 fiscal 

14 years before submitting an application for 

15 a covered grant. 

16 (v) REIMBURSEMENT.—If an entity is 

17 awarded covered grant funds during the 2- 

18 fiscal-year period during which the entity 

19 is barred from receiving grants under 

20 clause (iii), the covered official that award21 ed the funds shall— 

22 (I) deposit an amount equal to 

23 the amount of the grant funds that 

24 were improperly awarded to the grant-
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1 ee into the General Fund of the 

2 Treasury; and 

3 (II) seek to recoup the costs of 

4 the repayment to the fund from the 

5 grant recipient that was erroneously 

6 awarded grant funds. 

7 (B) NONPROFIT ORGANIZATION REQUIRE8 MENTS.— 

9 (i) DEFINITION.—For purposes of 

10 this subparagraph and the covered grant 

11 programs, the term ‘‘nonprofit organiza12 tion’’ means an organization that is de13 scribed in section 501(c)(3) of the Internal 

14 Revenue Code of 1986 and is exempt from 

15 taxation under section 501(a) of such 

16 Code. 

17 (ii) PROHIBITION.—A covered official 

18 may not award a covered grant to a non19 profit organization that holds money in off20 shore accounts for the purpose of avoiding 

21 paying the tax described in section 511(a) 

22 of the Internal Revenue Code of 1986. 

23 (iii) DISCLOSURE.—Each nonprofit 

24 organization that is awarded a covered 

25 grant and uses the procedures prescribed 
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1 in regulations to create a rebuttable pre2 sumption of reasonableness for the com3 pensation of its officers, directors, trustees, 

4 and key employees, shall disclose to the ap5 plicable covered official, in the application 

6 for the grant, the process for determining 

7 such compensation, including the inde8 pendent persons involved in reviewing and 

9 approving such compensation, the com10 parability data used, and contemporaneous 

11 substantiation of the deliberation and deci12 sion. Upon request, a covered official shall 

13 make the information disclosed under this 

14 clause available for public inspection. 

15 (C) CONFERENCE EXPENDITURES.— 

16 (i) LIMITATION.—No amounts made 

17 available to a covered official under a cov18 ered grant program may be used by the 

19 covered official, or by any individual or en20 tity awarded discretionary funds through a 

21 cooperative agreement under a covered 

22 grant program, to host or support any ex23 penditure for conferences that uses more 

24 than $20,000 in funds made available by 

25 the covered official, unless the covered offi-
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1 cial provides prior written authorization 

2 that the funds may be expended to host 

3 the conference. 

4 (ii) WRITTEN AUTHORIZATION.— 

5 Written authorization under clause (i) 

6 shall include a written estimate of all costs 

7 associated with the conference, including 

8 the cost of all food, beverages, audio-visual 

9 equipment, honoraria for speakers, and en10 tertainment. 

11 (iii) REPORT.— 

12 (I) DEPARTMENT OF JUSTICE.— 

13 The Deputy Attorney General shall 

14 submit to the applicable committees 

15 an annual report on all conference ex16 penditures approved by the Attorney 

17 General under this subparagraph. 

18 (II) DEPARTMENT OF HEALTH

19 AND HUMAN SERVICES.—The Deputy 

20 Secretary of Health and Human Serv21 ices shall submit to the applicable 

22 committees an annual report on all 

23 conference expenditures approved by 

24 the Secretary of Health and Human 

25 Services under this subparagraph. 
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1 (D) ANNUAL CERTIFICATION.—Beginning 

2 in the first fiscal year beginning after the date 

3 of enactment of this Act, each covered official 

4 shall submit to the applicable committees an 

5 annual certification— 

6 (i) indicating whether— 

7 (I) all audits issued by the Office 

8 of the Inspector General of the appli9 cable agency under subparagraph (A) 

10 have been completed and reviewed by 

11 the appropriate Assistant Attorney 

12 General or Director, or the appro13 priate official of the Department of 

14 Health and Human Services, as appli15 cable; 

16 (II) all mandatory exclusions re17 quired under subparagraph (A)(iii) 

18 have been issued; and 

19 (III) all reimbursements required 

20 under subparagraph (A)(v) have been 

21 made; and 

22 (ii) that includes a list of any grant 

23 recipients excluded under subparagraph 

24 (A) from the previous year. 

25 (3) PREVENTING DUPLICATIVE GRANTS.— 
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1 (A) IN GENERAL.—Before a covered offi2 cial awards a covered grant to an applicant, the 

3 covered official shall compare potential grant 

4 awards with other covered grants awarded by 

5 the covered official to determine if duplicate 

6 grant awards are awarded for the same pur7 pose. 

8 (B) REPORT.—If a covered official awards 

9 duplicate grants to the same applicant for the 

10 same purpose, the covered official shall submit 

11 to the applicable committees a report that in12 cludes— 

13 (i) a list of all duplicate grants award14 ed, including the total dollar amount of 

15 any duplicate grants awarded; and 

16 (ii) the reason the covered official 

17 awarded the duplicate grants. 

18 SEC. 705. PROGRAMS TO PREVENT PRESCRIPTION DRUG 

19 ABUSE UNDER THE MEDICARE PROGRAM. 

20 (a) DRUG MANAGEMENT PROGRAM FOR AT-RISK

21 BENEFICIARIES.— 

22 (1) IN GENERAL.—Section 1860D–4(c) of the 

23 Social Security Act (42 U.S.C. 1395w–104(c)) is 

24 amended by adding at the end the following: 
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1 ‘‘(5) DRUG MANAGEMENT PROGRAM FOR AT2 RISK BENEFICIARIES.— 

3 ‘‘(A) AUTHORITY TO ESTABLISH.—A PDP 

4 sponsor may establish a drug management pro5 gram for at-risk beneficiaries under which, sub6 ject to subparagraph (B), the PDP sponsor 

7 may, in the case of an at-risk beneficiary for 

8 prescription drug abuse who is an enrollee in a 

9 prescription drug plan of such PDP sponsor, 

10 limit such beneficiary’s access to coverage for 

11 frequently abused drugs under such plan to fre12 quently abused drugs that are prescribed for 

13 such beneficiary by a prescriber (or prescribers) 

14 selected under subparagraph (D), and dis15 pensed for such beneficiary by a pharmacy (or 

16 pharmacies) selected under such subparagraph. 

17 ‘‘(B) REQUIREMENT FOR NOTICES.— 

18 ‘‘(i) IN GENERAL.—A PDP sponsor 

19 may not limit the access of an at-risk ben20 eficiary for prescription drug abuse to cov21 erage for frequently abused drugs under a 

22 prescription drug plan until such spon23 sor— 

24 ‘‘(I) provides to the beneficiary 

25 an initial notice described in clause 
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1 (ii) and a second notice described in 

2 clause (iii); and 

3 ‘‘(II) verifies with the providers 

4 of the beneficiary that the beneficiary 

5 is an at-risk beneficiary for prescrip6 tion drug abuse, as described in sub7 paragraph (C)(iv). 

8 ‘‘(ii) INITIAL NOTICE.—An initial 

9 written notice described in this clause is a 

10 notice that provides to the beneficiary— 

11 ‘‘(I) notice that the PDP sponsor 

12 has identified the beneficiary as po13 tentially being an at-risk beneficiary 

14 for prescription drug abuse; 

15 ‘‘(II) information, when possible, 

16 describing State and Federal public 

17 health resources that are designed to 

18 address prescription drug abuse to 

19 which the beneficiary may have ac20 cess, including substance use disorder 

21 treatment services, addiction treat22 ment services, mental health services, 

23 and other counseling services; 

24 ‘‘(III) a request for the bene25 ficiary to submit to the PDP sponsor 
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1 preferences for which prescribers and 

2 pharmacies the beneficiary would pre3 fer the PDP sponsor to select under 

4 subparagraph (D) in the case that the 

5 beneficiary is identified as an at-risk 

6 beneficiary for prescription drug 

7 abuse as described in clause (iii)(I); 

8 ‘‘(IV) an explanation of the 

9 meaning and consequences of the 

10 identification of the beneficiary as po11 tentially being an at-risk beneficiary 

12 for prescription drug abuse, including 

13 an explanation of the drug manage14 ment program established by the PDP 

15 sponsor pursuant to subparagraph 

16 (A); 

17 ‘‘(V) clear instructions that ex18 plain how the beneficiary can contact 

19 the PDP sponsor in order to submit 

20 to the PDP sponsor the preferences 

21 described in subclause (IV) and any 

22 other communications relating to the 

23 drug management program for at-risk 

24 beneficiaries established by the PDP 

25 sponsor; 
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1 ‘‘(VI) contact information for 

2 other organizations that can provide 

3 the beneficiary with information re4 garding drug management program 

5 for at-risk beneficiaries (similar to the 

6 information provided by the Secretary 

7 in other standardized notices to part 

8 D eligible individuals enrolled in pre9 scription drug plans under this part); 

10 and 

11 ‘‘(VII) notice that the beneficiary 

12 has a right to an appeal pursuant to 

13 subparagraph (E). 

14 ‘‘(iii) SECOND NOTICE.—A second 

15 written notice described in this clause is a 

16 notice that provides to the beneficiary no17 tice— 

18 ‘‘(I) that the PDP sponsor has 

19 identified the beneficiary as an at-risk 

20 beneficiary for prescription drug 

21 abuse; 

22 ‘‘(II) that such beneficiary has 

23 been sent, or informed of, such identi24 fication in the initial notice and is 

25 now subject to the requirements of the 
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1 drug management program for at-risk 

2 beneficiaries established by such PDP 

3 sponsor for such plan; 

4 ‘‘(III) of the prescriber and phar5 macy selected for such individual 

6 under subparagraph (D); 

7 ‘‘(IV) of, and information about, 

8 the right of the beneficiary to a recon9 sideration and an appeal under sub10 section (h) of such identification and 

11 the prescribers and pharmacies se12 lected; 

13 ‘‘(V) that the beneficiary can, in 

14 the case that the beneficiary has not 

15 previously submitted to the PDP 

16 sponsor preferences for which pre17 scribers and pharmacies the bene18 ficiary would prefer the PDP sponsor 

19 select under subparagraph (D), sub20 mit such preferences to the PDP 

21 sponsor; and 

22 ‘‘(VI) that includes clear instruc23 tions that explain how the beneficiary 

24 can contact the PDP sponsor in order 

25 to submit to the PDP sponsor the 
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1 preferences described in subclause 

2 (V). 

3 ‘‘(iv) TIMING OF NOTICES.— 

4 ‘‘(I) IN GENERAL.—Subject to 

5 subclause (II), a second written notice 

6 described in clause (iii) shall be pro7 vided to the beneficiary on a date that 

8 is not less than 30 days after an ini9 tial notice described in clause (ii) is 

10 provided to the beneficiary. 

11 ‘‘(II) EXCEPTION.—In the case 

12 that the PDP sponsor, in conjunction 

13 with the Secretary, determines that 

14 concerns identified through rule15 making by the Secretary regarding 

16 the health or safety of the beneficiary 

17 or regarding significant drug diversion 

18 activities require the PDP sponsor to 

19 provide a second notice described in 

20 clause (iii) to the beneficiary on a 

21 date that is earlier than the date de22 scribed in subclause (II), the PDP 

23 sponsor may provide such second no24 tice on such earlier date. 
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1 ‘‘(III) FORM OF NOTICE.—The 

2 written notices under clauses (ii) and 

3 (iii) shall be in a format determined 

4 appropriate by the Secretary, taking 

5 into account beneficiary preferences. 

6 ‘‘(C) AT-RISK BENEFICIARY FOR PRE7 SCRIPTION DRUG ABUSE.— 

8 ‘‘(i) IN GENERAL.—For purposes of 

9 this paragraph, the term ‘at-risk bene10 ficiary for prescription drug abuse’ means 

11 a part D eligible individual who is not an 

12 exempted individual described in clause (ii) 

13 and— 

14 ‘‘(I) who is identified through cri15 teria developed by the Secretary in 

16 consultation with PDP sponsors and 

17 other stakeholders described in sub18 section section ll(g)(2)(A) of the 

19 Comprehensive Addiction and Recov20 ery Act of 2016 based on clinical fac21 tors indicating misuse or abuse of pre22 scription drugs described in subpara23 graph (G), including dosage, quantity, 

24 duration of use, number of and rea25 sonable access to prescribers, and 
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1 number of and reasonable access to 

2 pharmacies used to obtain such drug; 

3 or 

4 ‘‘(II) with respect to whom the 

5 PDP sponsor of a prescription drug 

6 plan, upon enrolling such individual in 

7 such plan, received notice from the 

8 Secretary that such individual was 

9 identified under this paragraph to be 

10 an at-risk beneficiary for prescription 

11 drug abuse under a prescription drug 

12 plan in which such individual was pre13 viously enrolled and such identifica14 tion has not been terminated under 

15 subparagraph (F). 

16 ‘‘(ii) EXEMPTED INDIVIDUAL DE17 SCRIBED.—An exempted individual de18 scribed in this clause is an individual 

19 who— 

20 ‘‘(I) receives hospice care under 

21 this title; 

22 ‘‘(II) resides in a long-term care 

23 facility, a facility described in section 

24 1905(d), or other facility under con25 tract with a single pharmacy; or 
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1 ‘‘(III) the Secretary elects to 

2 treat as an exempted individual for 

3 purposes of clause (i). 

4 ‘‘(iii) PROGRAM SIZE.—The Secretary 

5 shall establish policies, including the cri6 teria developed under clause (i)(I) and the 

7 exemptions under clause (ii)(III), to ensure 

8 that the population of enrollees in a drug 

9 management program for at-risk bene10 ficiaries operated by a prescription drug 

11 plan can be effectively managed by such 

12 plans. 

13 ‘‘(iv) CLINICAL CONTACT.—With re14 spect to each at-risk beneficiary for pre15 scription drug abuse enrolled in a prescrip16 tion drug plan offered by a PDP sponsor, 

17 the PDP sponsor shall contact the bene18 ficiary’s providers who have prescribed fre19 quently abused drugs regarding whether 

20 prescribed medications are appropriate for 

21 such beneficiary’s medical conditions. 

22 ‘‘(D) SELECTION OF PRESCRIBERS.— 

23 ‘‘(i) IN GENERAL.—With respect to 

24 each at-risk beneficiary for prescription 

25 drug abuse enrolled in a prescription drug 
105 

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1 plan offered by such sponsor, a PDP spon2 sor shall, based on the preferences sub3 mitted to the PDP sponsor by the bene4 ficiary pursuant to clauses (ii)(III) and 

5 (iii)(V) of subparagraph (B) if applicable, 

6 select— 

7 ‘‘(I) one, or, if the PDP sponsor 

8 reasonably determines it necessary to 

9 provide the beneficiary with reason10 able access under clause (ii), more 

11 than one, individual who is authorized 

12 to prescribe frequently abused drugs 

13 (referred to in this paragraph as a 

14 ‘prescriber’) who may write prescrip15 tions for such drugs for such bene16 ficiary; and 

17 ‘‘(II) one, or, if the PDP sponsor 

18 reasonably determines it necessary to 

19 provide the beneficiary with reason20 able access under clause (ii), more 

21 than one, pharmacy that may dis22 pense such drugs to such beneficiary. 

23 ‘‘(ii) REASONABLE ACCESS.—In mak24 ing the selection under this subparagraph, 

25 a PDP sponsor shall ensure, taking into 
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1 account geographic location, beneficiary 

2 preference, impact on cost-sharing, and 

3 reasonable travel time, that the beneficiary 

4 continues to have reasonable access to 

5 drugs described in subparagraph (G), in6 cluding— 

7 ‘‘(I) for individuals with multiple 

8 residences; and 

9 ‘‘(II) in the case of natural disas10 ters and similar emergency situations. 

11 ‘‘(iii) BENEFICIARY PREFERENCES.— 

12 ‘‘(I) IN GENERAL.—If an at-risk 

13 beneficiary for prescription drug 

14 abuse submits preferences for which 

15 in-network prescribers and pharmacies 

16 the beneficiary would prefer the PDP 

17 sponsor select in response to a notice 

18 under subparagraph (B), the PDP 

19 sponsor shall— 

20 ‘‘(aa) review such pref21 erences; 

22 ‘‘(bb) select or change the 

23 selection of a prescriber or phar24 macy for the beneficiary based on 

25 such preferences; and 
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1 ‘‘(cc) inform the beneficiary 

2 of such selection or change of se3 lection. 

4 ‘‘(II) EXCEPTION.—In the case 

5 that the PDP sponsor determines that 

6 a change to the selection of a pre7 scriber or pharmacy under item (bb) 

8 by the PDP sponsor is contributing or 

9 would contribute to prescription drug 

10 abuse or drug diversion by the bene11 ficiary, the PDP sponsor may change 

12 the selection of a prescriber or phar13 macy for the beneficiary. If the PDP 

14 sponsor changes the selection pursu15 ant to the preceding sentence, the 

16 PDP sponsor shall provide the bene17 ficiary with— 

18 ‘‘(aa) at least 30 days writ19 ten notice of the change of selec20 tion; and 

21 ‘‘(bb) a rationale for the 

22 change. 

23 ‘‘(III) TIMING.—An at-risk bene24 ficiary for prescription drug abuse 

25 may choose to express their prescriber 
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1 and pharmacy preference and commu2 nicate such preference to their PDP 

3 sponsor at any date while enrolled in 

4 the program, including after a second 

5 notice under subparagraph (B)(iii) 

6 has been provided. 

7 ‘‘(iv) CONFIRMATION.—Before select8 ing a prescriber or pharmacy under this 

9 subparagraph, a PDP sponsor must notify 

10 the prescriber and pharmacy that the bene11 ficiary involved has been identified for in12 clusion in the drug management program 

13 for at-risk beneficiaries and that the pre14 scriber and pharmacy has been selected as 

15 the beneficiary’s designated prescriber and 

16 pharmacy. 

17 ‘‘(E) APPEALS.—The identification of an 

18 individual as an at-risk beneficiary for prescrip19 tion drug abuse under this paragraph, a cov20 erage determination made under a drug man21 agement program for at-risk beneficiaries, and 

22 the selection of a prescriber or pharmacy under 

23 subparagraph (D) with respect to such indi24 vidual shall be subject to an expedited reconsid25 eration and appeal pursuant to subsection (h). 
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1 ‘‘(F) TERMINATION OF IDENTIFICATION.— 

2 ‘‘(i) IN GENERAL.—The Secretary 

3 shall develop standards for the termination 

4 of identification of an individual as an at5 risk beneficiary for prescription drug abuse 

6 under this paragraph. Under such stand7 ards such identification shall terminate as 

8 of the earlier of— 

9 ‘‘(I) the date the individual dem10 onstrates that the individual is no 

11 longer likely, in the absence of the re12 strictions under this paragraph, to be 

13 an at-risk beneficiary for prescription 

14 drug abuse described in subparagraph 

15 (C)(i); or 

16 ‘‘(II) the end of such maximum 

17 period of identification as the Sec18 retary may specify. 

19 ‘‘(ii) RULE OF CONSTRUCTION.— 

20 Nothing in clause (i) shall be construed as 

21 preventing a plan from identifying an indi22 vidual as an at-risk beneficiary for pre23 scription drug abuse under subparagraph 

24 (C)(i) after such termination on the basis 

25 of additional information on drug use oc-
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1 curring after the date of notice of such ter2 mination. 

3 ‘‘(G) FREQUENTLY ABUSED DRUG.—For 

4 purposes of this subsection, the term ‘frequently 

5 abused drug’ means a drug that is determined 

6 by the Secretary to be frequently abused or di7 verted and that is— 

8 ‘‘(i) a Controlled Drug Substance in 

9 Schedule CII; or 

10 ‘‘(ii) within the same class or category 

11 of drugs as a Controlled Drug Substance 

12 in Schedule CII, as determined through 

13 notice and comment rulemaking. 

14 ‘‘(H) DATA DISCLOSURE.— 

15 ‘‘(i) DATA ON DECISION TO IMPOSE

16 LIMITATION.—In the case of an at-risk 

17 beneficiary for prescription drug abuse (or 

18 an individual who is a potentially at-risk 

19 beneficiary for prescription drug abuse) 

20 whose access to coverage for frequently 

21 abused drugs under a prescription drug 

22 plan has been limited by a PDP sponsor 

23 under this paragraph, the Secretary shall 

24 establish rules and procedures to require 

25 such PDP sponsor to disclose data, includ-
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1 ing necessary individually identifiable 

2 health information, about the decision to 

3 impose such limitations and the limitations 

4 imposed by the PDP sponsor under this 

5 part. 

6 ‘‘(ii) DATA TO REDUCE FRAUD, 

7 ABUSE, AND WASTE.—The Secretary shall 

8 establish rules and procedures to require 

9 PDP sponsors operating a drug manage10 ment program for at-risk beneficiaries 

11 under this paragraph to provide the Sec12 retary with such data as the Secretary de13 termines appropriate for purposes of iden14 tifying patterns of prescription drug utili15 zation for plan enrollees that are outside 

16 normal patterns and that may indicate 

17 fraudulent, medically unnecessary, or un18 safe use. 

19 ‘‘(I) SHARING OF INFORMATION FOR SUB20 SEQUENT PLAN ENROLLMENTS.—The Secretary 

21 shall establish procedures under which PDP 

22 sponsors who offer prescription drug plans shall 

23 share information with respect to individuals 

24 who are at-risk beneficiaries for prescription 

25 drug abuse (or individuals who are potentially 
112 

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1 at-risk beneficiaries for prescription drug 

2 abuse) and enrolled in a prescription drug plan 

3 and who subsequently disenroll from such plan 

4 and enroll in another prescription drug plan of5 fered by another PDP sponsor. 

6 ‘‘(J) PRIVACY ISSUES.—Prior to the imple7 mentation of the rules and procedures under 

8 this paragraph, the Secretary shall clarify pri9 vacy requirements, including requirements 

10 under the regulations promulgated pursuant to 

11 section 264(c) of the Health Insurance Port12 ability and Accountability Act of 1996 (42 

13 U.S.C. 1320d–2 note), related to the sharing of 

14 data under subparagraphs (H) and (I) by PDP 

15 sponsors. Such clarification shall provide that 

16 the sharing of such data shall be considered to 

17 be protected health information in accordance 

18 with the requirements of the regulations pro19 mulgated pursuant to such section 264(c). 

20 ‘‘(K) EDUCATION.—The Secretary shall 

21 provide education to enrollees in prescription 

22 drug plans of PDP sponsors and providers re23 garding the drug management program for at24 risk beneficiaries described in this paragraph, 

25 including education— 
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1 ‘‘(i) provided through the improper 

2 payment outreach and education program 

3 described in section 1874A(h); and 

4 ‘‘(ii) through current education efforts 

5 (such as State health insurance assistance 

6 programs described in subsection (a)(1)(A) 

7 of section 119 of the Medicare Improve8 ments for Patients and Providers Act of 

9 2008 (42 U.S.C. 1395b–3 note)) and ma10 terials directed toward such enrollees. 

11 ‘‘(L) CMS COMPLIANCE REVIEW.—The 

12 Secretary shall ensure that existing plan spon13 sor compliance reviews and audit processes in14 clude the drug management programs for at15 risk beneficiaries under this paragraph, includ16 ing appeals processes under such programs.’’. 

17 (2) INFORMATION FOR CONSUMERS.—Section 

18 1860D–4(a)(1)(B) of the Social Security Act (42 

19 U.S.C. 1395w–104(a)(1)(B)) is amended by adding 

20 at the end the following: 

21 ‘‘(v) The drug management program 

22 for at-risk beneficiaries under subsection 

23 (c)(5).’’. 

24 (3) DUAL ELIGIBLES.—Section 1860D– 

25 1(b)(3)(D) of the Social Security Act (42 U.S.C. 
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1 1395w–101(b)(3)(D)) is amended by inserting ‘‘, 

2 subject to such limits as the Secretary may establish 

3 for individuals identified pursuant to section 

4 1860D–4(c)(5)’’ after ‘‘the Secretary’’. 

5 (b) UTILIZATION MANAGEMENT PROGRAMS.—Sec6 tion 1860D–4(c) of the Social Security Act (42 U.S.C. 

7 1395w–104(c)), as amended by subsection (a)(1), is 

8 amended— 

9 (1) in paragraph (1), by inserting after sub10 paragraph (D) the following new subparagraph: 

11 ‘‘(E) A utilization management tool to pre12 vent drug abuse (as described in paragraph 

13 (5)(A)).’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(6) UTILIZATION MANAGEMENT TOOL TO PRE17 VENT DRUG ABUSE.— 

18 ‘‘(A) IN GENERAL.—A tool described in 

19 this paragraph is any of the following: 

20 ‘‘(i) A utilization tool designed to pre21 vent the abuse of frequently abused drugs 

22 by individuals and to prevent the diversion 

23 of such drugs at pharmacies. 

24 ‘‘(ii) Retrospective utilization review 

25 to identify— 
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1 ‘‘(I) individuals that receive fre2 quently abused drugs at a frequency 

3 or in amounts that are not clinically 

4 appropriate; and 

5 ‘‘(II) providers of services or sup6 pliers that may facilitate the abuse or 

7 diversion of frequently abused drugs 

8 by beneficiaries. 

9 ‘‘(iii) Consultation with the contractor 

10 described in subparagraph (B) to verify if 

11 an individual enrolling in a prescription 

12 drug plan offered by a PDP sponsor has 

13 been previously identified by another PDP 

14 sponsor as an individual described in 

15 clause (ii)(I). 

16 ‘‘(B) REPORTING.—A PDP sponsor offer17 ing a prescription drug plan in a State shall 

18 submit to the Secretary and the Medicare drug 

19 integrity contractor with which the Secretary 

20 has entered into a contract under section 1893 

21 with respect to such State a report, on a 

22 monthly basis, containing information on— 

23 ‘‘(i) any provider of services or sup24 plier described in subparagraph (A)(ii)(II) 

25 that is identified by such plan sponsor dur-
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1 ing the 30-day period before such report is 

2 submitted; and 

3 ‘‘(ii) the name and prescription 

4 records of individuals described in para5 graph (5)(C). 

6 ‘‘(C) CMS COMPLIANCE REVIEW.—The 

7 Secretary shall ensure that plan sponsor annual 

8 compliance reviews and program audits include 

9 a certification that utilization management tools 

10 under this paragraph are in compliance with 

11 the requirements for such tools.’’. 

12 (c) TREATMENT OF CERTAIN COMPLAINTS FOR PUR13 POSES OF QUALITY OR PERFORMANCE ASSESSMENT.— 

14 Section 1860D–42 of the Social Security Act (42 U.S.C. 

15 1395w–152) is amended by adding at the end the fol16 lowing new subsection: 

17 ‘‘(d) TREATMENT OF CERTAIN COMPLAINTS FOR

18 PURPOSES OF QUALITY OR PERFORMANCE ASSESS19 MENT.—In conducting a quality or performance assess20 ment of a PDP sponsor, the Secretary shall develop or 

21 utilize existing screening methods for reviewing and con22 sidering complaints that are received from enrollees in a 

23 prescription drug plan offered by such PDP sponsor and 

24 that are complaints regarding the lack of access by the 
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1 individual to prescription drugs due to a drug manage2 ment program for at-risk beneficiaries.’’. 

3 (d) SENSE OF CONGRESS REGARDING USE OF TECH4 NOLOGY TOOLS TO COMBAT FRAUD.—It is the sense of 

5 Congress that MA organizations and PDP sponsors 

6 should consider using e-prescribing and other health infor7 mation technology tools to support combating fraud under 

8 MA–PD plans and prescription drug plans under parts C 

9 and D of the Medicare Program. 

10 (e) GAO STUDY AND REPORT.— 

11 (1) STUDY.—The Comptroller General of the 

12 United States shall conduct a study on the imple13 mentation of the amendments made by this section, 

14 including the effectiveness of the at-risk beneficiaries 

15 for prescription drug abuse drug management pro16 grams authorized by section 1860D–4(c)(5) of the 

17 Social Security Act (42 U.S.C. 1395w–10(c)(5)), as 

18 added by subsection (a)(1). Such study shall include 

19 an analysis of— 

20 (A) the impediments, if any, that impair 

21 the ability of individuals described in subpara22 graph (C) of such section 1860D–4(c)(5) to ac23 cess clinically appropriate levels of prescription 

24 drugs; 
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1 (B) the effectiveness of the reasonable ac2 cess protections under subparagraph (D)(ii) of 

3 such section 1860D–4(c)(5), including the im4 pact on beneficiary access and health; 

5 (C) how best to define the term ‘‘des6 ignated pharmacy’’, including whether the defi7 nition of such term should include an entity 

8 that is comprised of a number of locations that 

9 are under common ownership and that elec10 tronically share a real-time, online database and 

11 whether such a definition would help to protect 

12 and improve beneficiary access; 

13 (D) the types of— 

14 (i) individuals who, in the implemen15 tation of such section, are determined to be 

16 individuals described in such subpara17 graph; and 

18 (ii) prescribers and pharmacies that 

19 are selected under subparagraph (D) of 

20 such section; 

21 (E) the extent of prescription drug abuse 

22 beyond Controlled Drug Substances in Schedule 

23 CII in parts C and D of the Medicare program; 

24 and 
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1 (F) other areas determined appropriate by 

2 the Comptroller General. 

3 (2) REPORT.—Not later than July 1, 2019, the 

4 Comptroller General of the United States shall sub5 mit to the appropriate committees of jurisdiction of 

6 Congress a report on the study conducted under 

7 paragraph (1), together with recommendations for 

8 such legislation and administrative action as the 

9 Comptroller General determines to be appropriate. 

10 (f) REPORT BY SECRETARY.— 

11 (1) IN GENERAL.—Not later than 12 months 

12 after the date of the enactment of this Act, the Sec13 retary of Health and Human Services shall submit 

14 to the appropriate committees of jurisdiction of Con15 gress a report on ways to improve upon the appeals 

16 process for Medicare beneficiaries with respect to 

17 prescription drug coverage under part D of title 

18 XVIII of the Social Security Act. Such report shall 

19 include an analysis comparing appeals processes 

20 under parts C and D of such title XVIII. 

21 (2) FEEDBACK.—In development of the report 

22 described in paragraph (1), the Secretary of Health 

23 and Human Services shall solicit feedback on the 

24 current appeals process from stakeholders, such as 

25 beneficiaries, consumer advocates, plan sponsors, 
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1 pharmacy benefit managers, pharmacists, providers, 

2 independent review entity evaluators, and pharma3 ceutical manufacturers. 

4 (g) EFFECTIVE DATE.— 

5 (1) IN GENERAL.—Except as provided in sub6 section (d)(2), the amendments made by this section 

7 shall apply to prescription drug plans for plan years 

8 beginning on or after January 1, 2018. 

9 (2) STAKEHOLDER MEETINGS PRIOR TO EFFEC10 TIVE DATE.— 

11 (A) IN GENERAL.—Not later than January 

12 1, 2017, the Secretary of Health and Human 

13 Services shall convene stakeholders, including 

14 individuals entitled to benefits under part A of 

15 title XVIII of the Social Security Act or en16 rolled under part B of such title of such Act, 

17 advocacy groups representing such individuals, 

18 clinicians, plan sponsors, pharmacists, retail 

19 pharmacies, entities delegated by plan sponsors, 

20 and biopharmaceutical manufacturers for input 

21 regarding the topics described in subparagraph 

22 (B). The input described in the preceding sen23 tence shall be provided to the Secretary in suffi24 cient time in order for the Secretary to take 
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1 such input into account in promulgating the 

2 regulations pursuant to subparagraph (C). 

3 (B) TOPICS DESCRIBED.—The topics de4 scribed in this subparagraph are the topics of— 

5 (i) the impact on cost-sharing and en6 suring accessibility to prescription drugs 

7 for enrollees in prescription drug plans of 

8 PDP sponsors who are at-risk beneficiaries 

9 for prescription drug abuse (as defined in 

10 paragraph (5)(C) of section 1860D–4(c) of 

11 the Social Security Act (42 U.S.C. 1395w– 

12 10(c))); 

13 (ii) the use of an expedited appeals 

14 process under which such an enrollee may 

15 appeal an identification of such enrollee as 

16 an at-risk beneficiary for prescription drug 

17 abuse under such paragraph (similar to the 

18 processes established under the Medicare 

19 Advantage program under part C of title 

20 XVIII of the Social Security Act); 

21 (iii) the types of enrollees that should 

22 be treated as exempted individuals, as de23 scribed in clause (ii) of such paragraph; 

24 (iv) the manner in which terms and 

25 definitions in paragraph (5) of such section 
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1 1860D–4(c) should be applied, such as the 

2 use of clinical appropriateness in deter3 mining whether an enrollee is an at-risk 

4 beneficiary for prescription drug abuse as 

5 defined in subparagraph (C) of such para6 graph (5); 

7 (v) the information to be included in 

8 the notices described in subparagraph (B) 

9 of such section and the standardization of 

10 such notices; 

11 (vi) with respect to a PDP sponsor 

12 that establishes a drug management pro13 gram for at-risk beneficiaries under such 

14 paragraph (5), the responsibilities of such 

15 PDP sponsor with respect to the imple16 mentation of such program; 

17 (vii) notices for plan enrollees at the 

18 point of sale that would explain why an at19 risk beneficiary has been prohibited from 

20 receiving a prescription at a location out21 side of the designated pharmacy; 

22 (viii) evidence-based prescribing guide23 lines for opiates; and 

24 (ix) the sharing of claims data under 

25 parts A and B with PDP sponsors. 
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1 (C) RULEMAKING.—The Secretary of 

2 Health and Human Services shall, taking into 

3 account the input gathered pursuant to sub4 paragraph (A) and after providing notice and 

5 an opportunity to comment, promulgate regula6 tions to carry out the provisions of, and amend7 ments made by subsections (a) and (b). 

8 TITLE VIII—TRANSNATIONAL 

9 DRUG TRAFFICKING ACT 

10 SEC. 801. SHORT TITLE. 

11 This title may be cited as the ‘‘Transnational Drug 

12 Trafficking Act of 2015’’. 

13 SEC. 802. POSSESSION, MANUFACTURE OR DISTRIBUTION 

14 FOR PURPOSES OF UNLAWFUL IMPORTA15 TIONS. 

16 Section 1009 of the Controlled Substances Import 

17 and Export Act (21 U.S.C. 959) is amended— 

18 (1) by redesignating subsections (b) and (c) as 

19 subsections (c) and (d), respectively; and 

20 (2) in subsection (a), by striking ‘‘It shall’’ and 

21 all that follows and inserting the following: ‘‘It shall 

22 be unlawful for any person to manufacture or dis23 tribute a controlled substance in schedule I or II or 

24 flunitrazepam or a listed chemical intending, know25 ing, or having reasonable cause to believe that such 
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1 substance or chemical will be unlawfully imported 

2 into the United States or into waters within a dis3 tance of 12 miles of the coast of the United States. 

4 ‘‘(b) It shall be unlawful for any person to manufac5 ture or distribute a listed chemical— 

6 ‘‘(1) intending or knowing that the listed chem7 ical will be used to manufacture a controlled sub8 stance; and 

9 ‘‘(2) intending, knowing, or having reasonable 

10 cause to believe that the controlled substance will be 

11 unlawfully imported into the United States.’’. 

12 SEC. 803. TRAFFICKING IN COUNTERFEIT GOODS OR SERV13 ICES. 

14 Chapter 113 of title 18, United States Code, is 

15 amended— 

16 (1) in section 2318(b)(2), by striking ‘‘section 

17 2320(e)’’ and inserting ‘‘section 2320(f)’’; and 

18 (2) in section 2320— 

19 (A) in subsection (a), by striking para20 graph (4) and inserting the following: 

21 ‘‘(4) traffics in a drug and knowingly uses a 

22 counterfeit mark on or in connection with such 

23 drug,’’; 

24 (B) in subsection (b)(3), in the matter pre25 ceding subparagraph (A), by striking ‘‘counter-
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1 feit drug’’ and inserting ‘‘drug that uses a 

2 counterfeit mark on or in connection with the 

3 drug’’; and 

4 (C) in subsection (f), by striking para5 graph (6) and inserting the following: 

6 ‘‘(6) the term ‘drug’ means a drug, as defined 

7 in section 201 of the Federal Food, Drug, and Cos8 metic Act (21 U.S.C. 321).’’. 

Passed the Senate March 10, 2016. 

Attest: 

Secretary. 
114TH CONGRESS 

2D SESSION S. 524 

AN ACT 

To authorize the Attorney General to award grants 

opioid abuse and heroin use. to address the national epidemics of prescription