I 
114TH CONGRESS 
1ST SESSION H. R. 3719 
To provide for the comprehensive approach to eradication of the heroin 
epidemic, to develop the best practices in law enforcement and prescrip-
tion medication prescribing practices, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2015 
Mr. GUINTA (for himself and Ms. KUSTER) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for the comprehensive approach to eradication 
of the heroin epidemic, to develop the best practices 
in law enforcement and prescription medication pre-
scribing practices, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop the Overdose 
Problem Already Becoming a Universal Substance Epi-
demic Act of 2015’’ or the ‘‘STOP ABUSE Act of 2015’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Prevention and intervention are the best in-
vestment. 
(2) According to the 2012 National Survey on 
Drug Usage and Health, the percent of New Hamp-
shire residents 12 and older reporting ever having 
used heroin has doubled since 2004, 1.2 percent in 
2005 and 3.3 percent in 2011. 
(3) The number of patients in New Hampshire 
admitted to State-funded treatment programs for 
heroin reached 1,540 in 2013, a major increase from 
the 805 reported in 2004. 
(4) Prescription opioid users admitted rose 
from 213 in 2004 to 1,297 in 2013. 
(5) Drug poisoning (more commonly called 
overdose) is the number one cause of injury-related 
death in the United States and deaths involving her-
oin have been on a steady increase in recent years. 
(6) In 2012, 28 States reported that the death 
rate for heroin overdose had doubled from 2010 
through 2012. 
(7) The increase doubled from 1.2 percent to 
2.1 percent per 100,000 population, reflecting the 
number of deaths having increased from 1,779 to 
3,635. 
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(8) The number of drug-poisoning deaths in-
volving heroin was nearly four times higher for men 
(6,525 deaths) than women (1,732 deaths) in 2013. 
(9) The rate of heroin-related overdoses was 
highest among adults aged 25 to 44 from 2000 
through 2013; this is a 2.8-percent increase from 
1.9 to 5.4. 
(10) In 2013, the Midwest and Northeast re-
gions had higher rates (4.3 and 3.9 per 100,000, re-
spectively). From 2000 through 2013, the age-ad-
justed rate for heroin-related drug-poisoning deaths 
increased in the Midwest region exponentially (from 
0.4 to 4.3 per 100,000), increased more than 4-fold 
in the Northeast region (from 0.9 to 3.9), increased 
more than 3-fold in the South region (from 0.5 to 
1.7), and doubled in the West region (from 0.9 to 
1.8). 
(11) The greatest increase for drug-poisoning 
rates was seen in the Midwest region. 
SEC. 3. DEVELOPMENT OF BEST PRACTICES. 
(a) INTERAGENCY TASK FORCE.—Not later than 120 
days after the date of enactment of this Act, the Secretary 
of Health and Human Services (referred to in this section 
as the ‘‘Secretary’’), in cooperation with the Secretary of 
Veterans Affairs, the Secretary of Defense, the Adminis-
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trator of the Drug Enforcement Administration, the Sec-
retary of Homeland Security, and the Attorney General 
of the United States, shall convene an Interagency Task 
Force to Address Opioid Abuse (referred to in this section 
as the ‘‘Task Force’’). 
(b) MEMBERSHIP.—The Task Force shall— 
(1) be comprised of two representatives of each 
the Department of Health and Human Services, in-
cluding the Centers for Disease Control and Preven-
tion, the Department of Veterans Affairs, the De-
partment of Defense, the Drug Enforcement Admin-
istration, the Office of National Drug Control Pol-
icy, the National Academy of Medicine, the National 
Institutes of Health, the Indian Health Service, the 
Department of Homeland Security, and the Sub-
stance Abuse and Mental Health Services Adminis-
tration; and 
(2) include physicians, dentists, non-physician 
prescribers, pharmacists, experts in the fields of pain 
research and addiction research, and representatives 
of the mental health treatment community, the ad-
diction treatment community, and pain advocacy 
groups. 
(c) DUTIES.— 
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(1) BEST PRACTICES.—Not later than 180 days 
after the date on which the Task Force is convened, 
the Task Force shall— 
(A) develop best practices for pain man-
agement and prescription medication pre-
scribing practices, taking into consideration rec-
ommendations from— 
(i) relevant conferences; 
(ii) ongoing efforts at the State and 
local levels; and 
(iii) medical professional organizations 
to develop improved pain management 
strategies; 
(B) solicit and take into consideration pub-
lic comments on the best practices developed 
under subparagraph (A); 
(C) develop a strategy for disseminating 
information about the best practices under sub-
paragraph (A) to all medical and emergency 
personnel who enforce, prescribe, and treat 
opioid and heroin addiction; and 
(D) conduct a study on the feasibility of 
implementing the best practices developed 
under subparagraph (A). 
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(2) REPORT
TO
CONGRESS.—Not later than 
270 days after the date on which the Task Force is 
convened, the Task Force shall submit to the Con-
gress a report that includes— 
(A) the strategy under paragraph (1)(C) 
for disseminating the best practices under para-
graph (1)(A); 
(B) the results of the feasibility study con-
ducted under paragraph (1)(D); and 
(C) recommendations on how to apply such 
best practices to improve prescribing practices 
at medical facilities, including medical facilities 
of the Veterans Health Administration. 
(d) NO RULEMAKING AUTHORITY.—The Task Force 
shall not have rulemaking authority. 
SEC. 4. COMMUNITY-BASED COALITION ENHANCEMENT 
GRANTS TO ADDRESS LOCAL DRUG CRISES. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
by adding at the end of the following: 
‘‘PART LL—GRANTS TO COMBAT DRUG CRISES 
AND INCARCERATION RELATED TO DRUG USE 
‘‘SEC. 3021. COMMUNITY-BASED COALITION TO ADDRESS 
LOCAL DRUG CRISES. 
‘‘(a) DEFINITIONS.—In this section: 
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‘‘(1) DRUG-FREE COMMUNITIES ACT OF 1997.— 
The term ‘Drug-Free Communities Act of 1997’ 
means chapter 2 of the National Narcotics Leader-
ship Act of 1988 (21 U.S.C. 1521 et seq.); 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means an eligible coalition (as such term is de-
fined under section 1023 of the Drug-Free Commu-
nities Act of 1997 (21 U.S.C. 1523)) that— 
‘‘(A) on or before the date of submitting 
an application for a grant under this section, 
received a grant under the Drug-Free Commu-
nities Act of 1997; and 
‘‘(B) has demonstrated that there is a local 
drug crisis in the area serviced by the entity, as 
determined by the Attorney General based on 
the Monitoring Future Survey published by the 
National Institute on Drug Abuse and the Na-
tional Survey on Drug Use and Health by the 
Substance Abuse and Mental Health Service 
Administration. 
‘‘(3) LOCAL
DRUG
CRISIS.—The term ‘local 
drug crisis’ means, with respect to the area serviced 
by an eligible entity— 
‘‘(A) a sudden increase in the abuse of 
opioids, as documented by local data; or 
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‘‘(B) the abuse of prescription medications, 
specifically opioids, that is significantly higher 
than the national average, over a sustained pe-
riod of time, as documented by local data. 
‘‘(b) PROGRAM AUTHORIZED.—The Attorney Gen-
eral, in coordination with the Director of the National In-
stitute on Drug Abuse and the Administrator of the Sub-
stance Abuse and Mental Health Services Administration, 
may make grants to eligible entities to implement com-
prehensive, community-wide strategies that address local 
drug crises within the area served by the eligible entity. 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—An eligible entity desiring a 
grant under this section shall submit an application 
to the Attorney General at such time, in such man-
ner, and accompanied by such information as the 
Attorney General may require. 
‘‘(2) CRITERIA.—As part of an application for 
a grant under this section, the Attorney General 
shall require an eligible entity to submit a detailed 
comprehensive, multi-sector plan for addressing the 
local drug crisis within the area served by the eligi-
ble entity. 
‘‘(d) USE OF FUNDS.—An eligible entity shall use a 
grant received under this section— 
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‘‘(1) for programs designed to implement com-
prehensive, community-wide prevention strategies to 
address the local drug crisis in the area served by 
the eligible entity, in accordance with the plan sub-
mitted under subsection (c)(2); and 
‘‘(2) to obtain specialized training and technical 
assistance from the National Community Antidrug 
Coalition Institute. 
‘‘(e) GRANT AMOUNTS AND DURATION.— 
‘‘(1) AMOUNTS.—The Attorney General may 
not award a grant under this section for a fiscal 
year in an amount that exceeds— 
‘‘(A) the amount of non-Federal funds 
raised by the eligible entity, including in-kind 
contributions, for that fiscal year; or 
‘‘(B) $75,000. 
‘‘(2) DURATION.—The Attorney General may 
not award a grant under this section for a period ex-
ceeding 4 years. 
‘‘(f) SUPPLEMENT NOT SUPPLANT.—An eligible enti-
ty shall use Federal funds received under this section only 
to supplement funds that would, in the absence of those 
Federal funds, be made available from other Federal and 
non-Federal sources for the activities described in this sec-
tion, and not to supplant those funds. 
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‘‘(g) EVALUATION.—A grant under this section shall 
be subject to the same evaluation requirements and proce-
dures as the evaluation requirements and procedures im-
posed on the recipient of a grant under the Drug-Free 
Communities Act of 1997. 
‘‘(h) LIMITATION ON ADMINISTRATIVE EXPENSES.— 
Not more than 8 percent of the amounts made available 
to carry out this section for a fiscal year may be used 
by the Attorney General to pay for administrative ex-
penses. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2016 through 2020.’’. 
SEC. 5. LIMITATIONS ON CIVIL LIABILITY FOR CERTAIN IN-
DIVIDUALS WORKING AT OPIOID OVERDOSE 
PROGRAMS. 
(a) LIMITATION ON CIVIL LIABILITY FOR INDIVID-
UALS WORKING FOR OR VOLUNTEERING AT A STATE OR 
LOCAL AGENCY OPIOID OVERDOSE PROGRAM.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, except as provided in paragraph 
(2), no individual who provides an opioid overdose 
drug shall be liable for harm caused by the emer-
gency administration of an opioid overdose drug by 
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another individual if the individual who provides 
such drug— 
(A) works for or volunteers at an opioid 
overdose program; and 
(B) provides the opioid overdose drug as 
part of the opioid overdose program to an indi-
vidual authorized by the program to receive an 
opioid overdose drug. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply if the harm was caused by the gross neg-
ligence or reckless misconduct of the individual who 
provides the drug. 
(b) LIMITATION ON CIVIL LIABILITY FOR INDIVID-
UALS WHO ADMINISTER OPIOID OVERDOSE DRUGS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, except as provided in paragraph 
(2), no individual shall be liable for harm caused by 
the emergency administration of an opioid overdose 
drug to an individual who has or reasonably appears 
to have suffered an overdose from heroin or another 
opioid, if— 
(A) the individual who administers the 
opioid overdose drug— 
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(i) obtained the drug from a health 
care professional or as part of an opioid 
overdose program; or 
(ii) administers the drug pursuant to 
a prescription for an opioid overdose drug 
that is approved or licensed under section 
505 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 355) or is licensed 
under section 351 of the Public Health 
Service Act (42 U.S.C. 262); and 
(B) the individual who administers the 
opioid overdose drug was educated on— 
(i) when to administer the drug; 
(ii) how to administer the drug; and 
(iii) steps to be taken after the drug 
is administered. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to an individual if the harm was caused by the 
gross negligence or reckless misconduct of the indi-
vidual who administers the drug. 
(c) PREEMPTION AND ELECTION OF STATE NON-
APPLICABILITY.— 
(1) PREEMPTION.—Except as provided in para-
graph (2), this section preempts the law of a State 
to the extent that such law is inconsistent with this 
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section, except that this section shall not preempt 
any State law that provides additional protection 
from liability relating to the administration of opioid 
overdose drugs or that shields from liability any per-
son who provides or administers opioid overdose 
drugs. 
(2) ELECTION
OF
STATE
REGARDING
NON-
APPLICABILITY.—Subsections (a) and (b) shall not 
apply to any civil action in a State court against a 
person who administers opioid overdose drugs if— 
(A) all parties to the civil action are citi-
zens of the State in which such action is 
brought; and 
(B) the State enacts legislation in accord-
ance with State requirements for enacting legis-
lation— 
(i) citing the authority of this para-
graph; 
(ii) declaring the election of the State 
that such subsections (a) and (b) shall not 
apply, as of a date certain, to any civil ac-
tions covered by this section; and 
(iii) containing no other provisions. 
(d) DEFINITIONS.—In this section — 
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(1) the term ‘‘health care professional’’ means 
a person licensed by a State to prescribe prescription 
drugs; 
(2) the term ‘‘opioid overdose drug’’ means a 
drug that, when administered, reverses in whole or 
part the pharmacological effects of an opioid over-
dose in the human body; and 
(3) the term ‘‘opioid overdose program’’ means 
a program operated by a local health department, 
community-based 
organization, 
substance 
abuse 
treatment organization, law enforcement agency, fire 
department, other first responder department, or 
voluntary association or a program funded by a Fed-
eral, State, or local government that works to pre-
vent opioid overdoses by in part providing opioid 
overdose drugs and education to individuals at risk 
of experiencing an opioid overdose or to an indi-
vidual in a position to assist another individual at 
risk of experiencing an opioid overdose. 
SEC. 6. OPERATION OF OPIOID TREATMENT PROGRAMS. 
Section 303 of the Controlled Substances Act (21 
U.S.C. 823) is amended by adding at the end the fol-
lowing: 
‘‘(i)(1) An opioid treatment program that is reg-
istered under this section, and that closes for business on 
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any weekday or weekend day, including a Federal or State 
holiday, shall comply with the requirements of this sub-
section. 
‘‘(2) For each patient who is restricted by a Federal 
regulation or guideline or by the determination of the pro-
gram medical director from having a take-home dose of 
a controlled substance related to the treatment involved, 
the program shall make acceptable arrangements for the 
patient to receive a dose of that substance under appro-
priate supervision during the closure. 
‘‘(3) The Administrator of the Substance Abuse and 
Mental Health Services Administration shall issue a notice 
that references regulations on acceptable arrangements 
under this subsection, or shall promulgate regulations on 
such acceptable arrangements.’’. 
SEC. 7. TREATMENT ALTERNATIVE TO INCARCERATION 
PROGRAMS. 
Part LL of the Omnibus Crime Control and Safe 
Streets Act of 1968, as added by section 3, is amended 
by adding at the end the following: 
‘‘SEC. 3022. TREATMENT ALTERNATIVE TO INCARCERATION 
PROGRAMS. 
‘‘(a) DEFINITION.—In this section: 
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‘‘(1) The term ‘eligible entity’ means a State, 
unit of local government, Indian tribe, or nonprofit 
organization. 
‘‘(2) The term ‘eligible participant’ means an 
individual who— 
‘‘(A) comes in contact with the juvenile 
justice system or criminal justice system or is 
arrested or charged with an offense; 
‘‘(B) has a history of or a current— 
‘‘(i) substance use disorder; 
‘‘(ii) mental illness; or 
‘‘(iii) co-occurring mental illness and 
substance use disorder; and 
‘‘(C) has been approved for participation in 
a program funded under this section by the rel-
evant law enforcement agency, prosecuting at-
torney, defense attorney, probation or correc-
tions official, judge, or representative from the 
relevant mental health or substance abuse agen-
cy, as applicable. 
‘‘(b) PROGRAM AUTHORIZED.—The Attorney General 
may make grants to eligible entities to develop, implement, 
or expand a treatment alternative to incarceration pro-
grams for eligible participants, including— 
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‘‘(1) programs for use before the filing of crimi-
nal charges against an individual, which shall in-
clude— 
‘‘(A) training for law enforcement officers 
on substance use disorders, mental illness, and 
co-occurring mental illness and substance use 
disorders; 
‘‘(B) the use of receiving centers as alter-
natives to incarceration of eligible participants; 
‘‘(C) the use of specialized response units 
for calls related to substance use disorders, 
mental illness, and co-occurring mental illness 
and substance use disorders; and 
‘‘(D) other arrest and pre-booking treat-
ment alternative to incarceration models; and 
‘‘(2) programs for use after the filing of crimi-
nal charges against an individual, which shall in-
clude— 
‘‘(A) specialized clinical case management; 
‘‘(B) pre-trial services related to substance 
use disorders, mental illness, and co-occurring 
mental illness and substance use disorders; 
‘‘(C) prosecutor and defense-based pro-
grams; 
‘‘(D) specialized probation; 
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‘‘(E) programs utilizing the American So-
ciety of Addition Medicine patient placement 
criteria; 
‘‘(F) treatment and rehabilitation pro-
grams and recovery support services; and 
‘‘(G) drug courts, DWI courts, and vet-
erans treatment courts. 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—An eligible entity seeking a 
grant under this section shall submit an application 
to the Attorney General that meets the criteria in 
paragraph (2) at such time, in such manner, and ac-
companied by such additional information as the At-
torney General may reasonably require. 
‘‘(2) CRITERIA.—An eligible entity, in submit-
ting an application under paragraph (1), shall pro-
vide evidence that the entity, with regard to the al-
ternative to incarceration program for which it seeks 
funds under this section— 
‘‘(A) has collaborated or will collaborate 
with the State and local government agencies 
overseeing 
health, 
community 
corrections, 
courts, prosecution, substance abuse, mental 
health, victims services, and employment serv-
ices, and with local law enforcement agencies; 
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‘‘(B) has consulted or will consult with the 
State authority for substance abuse; 
‘‘(C) will use evidence-based screening and 
assessment treatment practices; 
‘‘(D) will use evidence-based screening and 
assessment tools to place participants in the 
treatment alternative to the incarceration pro-
gram; and 
‘‘(E) will use evidence-based methodology 
and outcome measurements to evaluate the pro-
gram, and provide a description of— 
‘‘(i) such methodology and measure-
ments, including how such measurements 
will provide valid measures of the impact 
of the program; and 
‘‘(ii) how the program could be broad-
ly replicated if demonstrated to be effec-
tive. 
‘‘(d) REQUIREMENTS.—An eligible entity awarded a 
grant for a treatment alternative to incarceration program 
under this section shall— 
‘‘(1) determine the terms and conditions under 
which eligible participants may participate in the 
program, taking into consideration the collateral 
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consequences of an arrest, prosecution, or criminal 
conviction; 
‘‘(2) ensure that each substance abuse and 
mental health treatment component of the program 
is licensed and qualified by the relevant jurisdiction; 
‘‘(3) organize an enforcement unit of the pro-
gram comprised of appropriately trained law en-
forcement professionals who are supervised by the 
State, tribal, or local criminal justice agency involved 
in the administration of the program, the duties of 
which shall include— 
‘‘(A) the verification of addresses and 
other contacts of each eligible participant who 
participates or seeks to participate in the pro-
gram; and 
‘‘(B) if necessary, the location, apprehen-
sion, arrest, and return to court of an eligible 
participant in the program who has absconded 
from the facility of a treatment provider or has 
otherwise violated the terms and conditions of 
the program, consistent with Federal and State 
confidentiality requirements; 
‘‘(4) notify the relevant criminal justice entity if 
any eligible participant in the program absconds 
from the facility of the treatment provider or other-
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wise violates the terms and conditions of the pro-
gram, consistent with Federal and State confiden-
tiality requirements; and 
‘‘(5) submit periodic reports on the progress of 
treatment or other measured outcomes from partici-
pation in the program of each eligible offender par-
ticipating in the program to the relevant State, trib-
al, or local criminal justice agency, consistent with 
Federal and State confidentiality requirements. 
‘‘(e) USE OF FUNDS.—An eligible entity shall use a 
grant received under this section for the costs of the treat-
ment alternative to incarceration program, including— 
‘‘(1) salaries, personnel costs, equipment costs, 
and other costs directly related to the operation of 
the program, including the enforcement unit; 
‘‘(2) payments for treatment providers that are 
approved by the relevant State or tribal jurisdiction 
and licensed, if necessary, to provide needed treat-
ment to eligible offenders participating in the pro-
gram, 
including 
medication-assisted 
treatment, 
aftercare supervision, vocational training, education, 
and job placement; and 
‘‘(3) payments to public and nonprofit private 
entities that are approved by the State or tribal ju-
risdiction and licensed, if necessary, to provide alco-
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(i) by striking ‘‘implement or im-
prove’’ and inserting ‘‘establish, improve, 
or maintain’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘The Secretary shall redistribute 
any funds that are so returned among the 
remaining grantees under this section in 
accordance with the formula described in 
subsection (a)(2)(B).’’; 
(4) in subsection (d)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘In implementing or 
improving’’ and all that follows through 
‘‘(a)(1)(B)’’ and inserting ‘‘In establishing, 
improving, or maintaining a controlled sub-
stance monitoring program under this sec-
tion, a State shall comply, or with respect 
to a State that applies for a grant under 
subparagraph (B) or (C) of subsection 
(a)(1)’’; and 
(ii) by striking ‘‘public health’’ and in-
serting ‘‘public health or public safety’’; 
and 
(B) by adding at the end the following: 
VerDate Sep 11 2014 
20:12 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3719.IH
H3719
tkelley on DSK3SPTVN1PROD with BILLS