STOP FENTANYL PACKAGE
Bill: S.4782 | Sponsor: Sen. Scott, Rick (R-FL)
Policy area: Health

Summary:
Streamlining Text for Official Policy by Formulating Effective Needed Tools to Address Narcotics, Yearly Loss of life and Protect Americans from Chemical Killers and Against Gangs Effectively Act or the STOP FENTANYL PACKAGE
This bill temporarily expands access to drugs that reverse opioid overdoses and makes other changes to drug control activities.
The bill expands the authority of health care providers to distribute, and the authority of first responders and lay administrators to administer, opioid overdose reversal drugs. Health care providers may distribute the drugs to those at risk of an overdose or others in the community able to assist an individual at such risk. Additionally, the bill provides immunity from civil and criminal liability and other adverse actions for injuries that arise from distributing or administering those drugs unless the injury was caused by gross negligence or willful or wanton misconduct. The authority and liability protections terminate 90 days after the Department of Health and Human Services (HHS) terminates the on-going opioid public health emergency first declared on October 26, 2017, and the bill preempts state laws that provide lesser protections.
Further, the Department of Justice (DOJ) must support training for law enforcement on drug-related matters and upgrading laboratories; HHS and DOJ may award grants for improving data collection and surveillance concerning overdoses. The bill also expands existing drug control activities. For example, recipients may use their community policing grants to procure equipment that protects first responders from secondary fentanyl exposure.
Other matters addressed in the bill include

To combat the fentanyl crisis.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Streamlining Text for Official 
Policy by Formulating Effective Needed Tools to Address Narcotics, 
Yearly Loss of life and Protect Americans from Chemical Killers and 
Against Gangs Effectively Act'' or the ``STOP FENTANYL PACKAGE''.

SEC. 2. LIABILITY PROTECTIONS FOR OPIOID OVERDOSE REVERSAL DRUGS.

    (a) Definitions.--In this section:
            (1) First responder.--The term ``first responder'' means--
                    (A) a first responder as defined in section 3025 of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (34 U.S.C. 10705); or
                    (B) a special agent or task force officer of the 
                Drug Enforcement Administration.
            (2) Health care provider.--The term ``health care 
        provider'' has the meaning given such term in section 101 of 
        the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
            (3) Lay administrator.--The term ``lay administrator''--
                    (A) means--
                            (i) an individual at risk of undergoing an 
                        opioid-related overdose;
                            (ii) an individual in a position to assist 
                        an individual at risk of undergoing an opioid-
                        related overdose, including a family member or 
                        friend of such an individual at risk; or
                            (iii) an employee or volunteer of a 
                        community-based organization; and
                    (B) excludes a first responder as defined in 
                paragraph (1).
            (4) Opioid overdose reversal drug.--The term ``opioid 
        overdose reversal drug'' means a drug approved under section 
        505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) 
        that is designed to rapidly reverse the effects of an opioid-
        related overdose.
    (b) Health Care Providers.--
            (1) Authority.--
                    (A) In general.--A health care provider, engaged in 
                or affecting interstate or foreign commerce, may, 
                subject to subparagraphs (B) and (C), prescribe, 
                dispense, or distribute an opioid overdose reversal 
                drug to--
                            (i) an individual at risk of undergoing an 
                        opioid-related overdose; or
                            (ii) an individual who is in a position to 
                        assist an individual at such risk, including a 
                        family member or friend of such an individual 
                        at risk.
                    (B) Education and training requirements.--Upon 
                prescribing, dispensing, or distributing an opioid 
                overdose reversal drug to any individual as described 
                in subparagraph (A), a health care provider (or 
                designated staff of such provider) shall provide to 
                that individual (or, with respect an individual 
                described in subparagraph (A)(i), a family member or 
                caregiver of such individual as the health care 
                provider determines appropriate) education and training 
                that includes information on--
                            (i) the importance of seeking medical care 
                        for the individual undergoing the opioid-
                        related overdose immediately after the drug is 
                        administered;
                            (ii) how to access substance use disorder 
                        treatment services;
                            (iii) how the opioid overdose reversal drug 
                        operates to stop an opioid-related overdose;
                            (iv) when the administration of the opioid 
                        overdose reversal drug is medically indicated;
                            (v) how to properly administer the opioid 
                        overdose reversal drug and circumstances under 
                        which administration of the opioid overdose 
                        reversal drug is contraindicated;
                            (vi) precautions, warnings, and potential 
                        reactions with respect to the opioid overdose 
                        reversal drug;
                            (vii) techniques on how to recognize 
                        symptoms of an opioid-related overdose;
                            (viii) standards and procedures for the 
                        storage of the drug;
                            (ix) proper disposal of expired opioid 
                        overdose reversal drugs; and
                            (x) emergency follow-up procedures.
                    (C) Records.--A health care provider shall maintain 
                a record of each individual to whom the health care 
                provider (or designated staff) has provided the 
                education and training under subparagraph (B). Each 
                such record shall be maintained for a period of 2 years 
                beginning on the date on which the health care provider 
                (or designated staff) provides the education and 
                training.
            (2) Liability.--
                    (A) In general.--A health care provider, engaged in 
                or affecting interstate or foreign commerce, shall be 
                immune from civil liability, criminal prosecution, or 
                disciplinary or other adverse action under any 
                professional licensing statute for any outcomes 
                resulting from--
                            (i) an action taken by the provider that is 
                        authorized under paragraph (1); or
                            (ii) the administration by a person other 
                        than the health care provider of the opioid 
                        overdose reversal drug to an individual 
                        regardless of whether that individual is the 
                        person to whom the provider prescribed the 
                        drug.
                    (B) Exception.--Subparagraph (A) shall not apply in 
                the case that personal injury results from the gross 
                negligence or willful or wanton misconduct of the 
                health care provider.
    (c) First Responders.--
            (1) Authority.--
                    (A) In general.--A first responder, engaged in or 
                affecting interstate or foreign commerce, may, subject 
                to subparagraphs (B) and (C), receive a prescription or 
                supply allocation for an opioid overdose reversal drug 
                (including through a standing order), maintain the drug 
                in the possession of the first responder, administer 
                the drug to any individual who is undergoing or whom 
                the responder believes is undergoing an opioid-related 
                overdose, or distribute the drug to an individual 
                described in clause (i) or (ii) of subsection 
                (b)(1)(A).
                    (B) Education and training requirements.--
                            (i) In general.--Prior to receiving a 
                        prescription or supply allocation for an opioid 
                        overdose reversal drug as described in 
                        subparagraph (A), a first responder shall--
                                    (I) complete the education and 
                                training provided by a health care 
                                provider (or designated staff) under 
                                subsection (b)(1)(B); or
                                    (II) review the Opioid Overdose 
                                Prevention Toolkit published by the 
                                Substance Abuse and Mental Health 
                                Services Administration (or a successor 
                                publication), or a substantially 
                                similar publication from the applicable 
                                State public health agency.
                            (ii) Renewals.--The requirement under 
                        clause (i) to complete the education and 
                        training or review the toolkit described in 
                        such clause shall be completed not less than 
                        once every 2 years.
                    (C) Records.--A first responder shall maintain--
                            (i) a record of each instance in which the 
                        first responder administers or distributes an 
                        opioid overdose reversal drug in accordance 
                        with subparagraph (A) for a period of 2 years 
                        beginning on the date on which the first 
                        responder administers or distributes the drug; 
                        and
                            (ii) verification that the first responder 
                        has complied with the requirements under 
                        subparagraph (B) for a period of 2 years 
                        following each completion or review described 
                        in such subparagraph.
            (2) Liability.--
                    (A) In general.--A first responder who takes any 
                action authorized under paragraph (1) shall be immune 
                from civil liability, criminal prosecution, or 
                disciplinary or other adverse action under any 
                professional licensing statute for any outcomes 
                resulting from such action.
                    (B) Exception.--Subparagraph (A) shall not apply in 
                the case that personal injury results from the gross 
                negligence or willful or wanton misconduct of the first 
                responder.
    (d) Lay Administrators.--
            (1) Authority.--
                    (A) In general.--A lay administrator, engaged in or 
                affecting interstate or foreign commerce, may, subject 
                to subparagraphs (B) and (C), receive a prescription 
                for an opioid overdose reversal drug (including through 
                a standing order), maintain the drug in the possession 
                of the lay administrator, and administer the drug to--
                            (i) in the case of a lay administrator 
                        described in subsection (a)(3)(A)(i), the lay 
                        administrator;
                            (ii) in the case of a lay administrator 
                        described in subsection (a)(3)(A)(ii), the 
                        individual at risk described in such 
                        subsection; or
                            (iii) in the case of a lay administrator 
                        described in subsection (a)(3)(A)(iii), any 
                        individual who is undergoing, or who is 
                        believed to be undergoing an opioid-related 
                        overdose, and is being served through the 
                        organization described in such subsection.
                    (B) Education and training requirements.--
                            (i) In general.--Prior to receiving a 
                        prescription for an opioid overdose reversal 
                        drug as described in subparagraph (A), a lay 
                        administrator shall--
                                    (I) complete the education and 
                                training provided by a health care 
                                provider (or designated staff) under 
                                subsection (b)(1)(B); or
                                    (II) review the Opioid Overdose 
                                Prevention Toolkit published by the 
                                Substance Abuse and Mental Health 
                                Services Administration (or a successor 
                                publication), or a substantially 
                                similar publication from the applicable 
                                State public health agency.
                            (ii) Renewals.--The requirement under 
                        clause (i) to complete the education and 
                        training or review the toolkit described in 
                        such clause shall be completed not less than 
                        once every 2 years.
                    (C) Records.--A lay administrator shall maintain 
                verification that the lay administrator has complied 
                with the requirements under subparagraph (B) for a 
                period of 2 years following each completion or review 
                described in such subparagraph.
            (2) Liability.--
                    (A) In general.--A lay administrator who takes any 
                action authorized under paragraph (1) shall be immune 
                from civil liability, criminal prosecution, or 
                disciplinary or other adverse action under any 
                professional licensing statute (including any penalties 
                for the unauthorized practice of medicine) for any 
                outcomes resulting from such action.
                    (B) Exception.--Subparagraph (A) shall not apply in 
                the case that personal injury results from the gross 
                negligence or willful or wanton misconduct of the lay 
                administrator.
            (3) Sense of congress.--It is the sense of Congress that a 
        lay administrator should--
                    (A) call 9-1-1 immediately following administering 
                an opioid overdose reversal drug to an individual as 
                described in paragraph (1)(A); and
                    (B) report to a first responder--
                            (i) the name, address, and phone number of 
                        any individual for whom the opioid overdose 
                        reversal drug was administered as described in 
                        such paragraph; and
                            (ii) the status as an injection or spray of 
                        the opioid overdose reversal drug used in such 
                        administration.
    (e) Preemption.--This section shall preempt any State law that 
conflicts with the authorities and protections provided under this 
section, except in the case of a State law that provides greater 
protection from liability than the protection provided under this 
section.
    (f) Sunset.--This section shall cease to have any force or effect 
on the date that is 90 days after the last day of the public health 
emergency declared by the Secretary of Health and Human Services under 
section 319 of the Public Health Service Act (42 U.S.C. 247d) with 
respect to the opioid crisis, including any renewal of such emergency.

SEC. 3. ACCURATE DATA ON OPIOID-RELATED OVERDOSES.

    The Secretary of Health and Human Services and the Attorney General 
may award grants to States, territories, and localities to support 
improved data and surveillance on opioid-related overdoses, including 
for activities to improve postmortem toxicology testing, data linkage 
across data systems throughout the United States, electronic death 
reporting, or the comprehensiveness of data on fatal and nonfatal 
opioid-related overdoses.

SEC. 4. LAW ENFORCEMENT GRANTS.

    (a) In General.--The Attorney General shall make grants to local 
law enforcement agencies and forensic laboratories in communities with 
high rates of drug overdoses for the purpose of--
            (1) training to help officers identify overdoses;
            (2) upgrading essential systems for tracing drugs and 
        processing samples in forensic laboratories to provide timely, 
        accurate, and standard data reporting to the National Forensic 
        Laboratory Information System; or
            (3) training to better trace criminals through the darknet.
    (b) Mandatory Reporting.--None of the funds made under subsection 
(a) may be used by grantees that do not submit to the National Forensic 
Laboratory Information System reports on overdose data.
    (c) Federal Law Enforcement Training Centers.--Federal Law 
Enforcement Training Centers shall provide training to State and local 
law enforcement agencies on how to best coordinate with State and 
Federal partners for tracking drug-related activity.
    (d) COPS Grants.--Section 1701(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10381) is amended--
            (1) in paragraph (22), by striking ``and'' at the end;
            (2) in paragraph (23), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(24) to provide training and resources for containment 
        devices to prevent secondary exposure to fentanyl and other 
        substances for first responders.''.

SEC. 5. OFFICE OF NATIONAL DRUG CONTROL POLICY REFORM.

    (a) Senses of Congress.--It is the sense of Congress that--
            (1) the Director of the Office of National Drug Control 
        Policy shall be a Cabinet-level position; and
            (2) nothing in this section shall affect the reporting 
        structure of agencies with drug enforcement responsibilities.
    (b) Requirements.--The Office of National Drug Control Policy 
shall--
            (1) document strategies for ensuring prevention of 
        duplicating services and grant funding within National Drug 
        Control Program agencies;
            (2) collaborate with the National Center for Health 
        Statistics and the National Forensic Laboratory Information 
        System, including by working with the Department of Justice to 
        create national standards for submission data to ensure 
        uniformity across the United States, including data from cases 
        where the defendant pleads guilty; and
            (3) issue guidance that States and localities should record 
        overdose deaths as homicides if there is sufficient evidence 
        that the overdose was not self-induced and intentional.
    (c) Drug Enforcement Administration.--
            (1) In general.--The Drug Enforcement Administration shall 
        develop uniform reporting standards for inputting data into the 
        National Forensic Laboratory Information System for purity, 
        formulation, and weight to allow for better comparison across 
        jurisdictions and between agencies and the sharing of data.
            (2) Clarification.--Nothing in paragraph (1) may be 
        construed to require the creation of new or increased 
        obligations or reporting requirements on State or local 
        laboratories.
    (d) Interagency Coordinating Council.--The Office of National Drug 
Control Policy, the Department of Justice, the Department of Health and 
Human Services, and other National Drug Control Program agencies 
coordinate across agencies to limit duplication and ensure uniform 
reporting standards and improve relationships between the agencies.
    (e) Congressional Review Act.--If the Office of National Drug 
Control Policy does not certify that a final rule made by a National 
Drug Control Program participant is consistent with the National Drug 
Control Policy, the rule shall be deemed to be submitted under section 
801(a)(1) of title 5, United States Code.
    (f) Reprogramming and Transfer Requests.--Section 704(c)(4)(A) of 
the National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 
1703(c)(4)(A)) is amended by striking ``approved'' and inserting 
``denied''.

SEC. 6. DEA TESTING.

    The Drug Enforcement Administration shall submit to Congress, as 
part of the annual budget process, a specific line item for the level 
of funding necessary for the Fentanyl Profiling Program.

SEC. 7. STATE OPIOID RESPONSE GRANTS.

    The Assistant Secretary for Mental Health and Substance Use shall, 
to the extent practicable--
            (1) include in the annual report to Congress on the State 
        Opioid Response Grants, authorized under the Consolidated 
        Appropriations Act, 2022 (Public Law 117-103), an assessment of 
        challenges of recipients of such grants, accounting for 
        variations in implementation; and
            (2) provide to recipients of such grants best practices on 
        how to address opioid-related overdoses.
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