Comprehensive Addiction and Recovery Act of 2016

Bill: 114-s-524
Sponsor: full_name: Sen. Whitehouse, Sheldon [D-RI]
Introduced: 2015-02-12
Policy area: Crime and Law Enforcement
Subjects: Advisory bodies

Alternative treatments

Child health

Child safety and welfare

Civil actions and liability

Congressional oversight

Correctional facilities and imprisonment

Crime prevention

Criminal investigation, prosecution, interrogation

Criminal procedure and sentencing

Department of Veterans Affairs

Drug safety, medical device, and laboratory regulation

Drug therapy

Drug trafficking and controlled substances

Drug, alcohol, tobacco use

Education programs funding

Elementary and secondary education

Emergency medical services and trauma care

Employee hiring

Employee performance

Family services

Government employee pay, benefits, personnel management

Government studies and investigations

Health care costs and insurance

Health care coverage and access

Health care quality

Health facilities and institutions

Health information and medical records

Health personnel

Health programs administration and funding

Health promotion and preventive care

Higher education

Home and outpatient care

Internet and video services

Internet, web applications, social media

Juvenile crime and gang violence

Law enforcement administration and funding

Law enforcement officers

Licensing and registrations

Medicaid

Medical ethics

Medical research

Medicare

Mental health

Military medicine

Prescription drugs

Teaching, teachers, curricula

Veterans' education, employment, rehabilitation

Veterans' medical care

Vocational and technical education

Women's health
Latest action: action_date: 2016-07-22
text: Became Public Law No: 114-198.

Summaries:
action_date: 2015-02-12
action_desc: Introduced in Senate
text: <p><b>Comprehensive Addiction and Recovery Act of 2015</b></p> <p> Directs the Department of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force to develop: (1) best practices for pain management and prescribing pain medication, and (2) a strategy for disseminating such best practices.</p> <p>Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to: </p> <ul> <li> states (with priority to states that provide civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses), local governments, and nonprofit organizations to expand educational efforts to prevent abuse of opioids, heroin, and other substances of abuse, understand addiction as a chronic disease, and promote treatment and recovery; </li> <li>organizations that have received a grant under the Drug-Free Communities Act of 1997 to implement comprehensive community-wide strategies that address local drug crises;</li> <li> states (with priority to states that provide civil liability protection for administering naloxone), local governments, Indian tribes, and nonprofit organizations for treatment alternative to incarceration programs for individuals who have come into contact with the juvenile or criminal justice system or have been arrested or charged with an offense, who have a substance use disorder, mental illness, or both, and who have been approved for participation in such a program;</li> <li>state, local, or tribal law enforcement agencies to create a demonstration law enforcement program to prevent opioid and heroin overdose death;</li> <li> state, local, or tribal law enforcement agencies, manufacturers, distributors, or reverse distributor of prescription medications, retail pharmacies, registered narcotic treatment programs, hospitals or clinics with an on-site pharmacy, eligible long-term care facilities, or any other entity authorized by the Drug Enforcement Administration to dispose of prescription medications to expand or make available disposal sites for unwanted prescription medications;</li> <li>states (with priority to states that provide civil liability protection for administering naloxone), local governments, and Indian tribes to implement medication assisted treatment programs through their criminal justice agencies; </li> <li>states, local governments, nonprofit organizations, and Indian tribes for educational programs for incarcerated offenders; </li> <li> state substance abuse and criminal justice agencies, jointly, to address the use of opioids and heroin among pregnant and parenting female offenders in a state to promote public safety, public health, family permanence, and well-being;</li> <li>establish or expand veterans treatment court programs, peer to peer services or programs for qualified veterans, practices that identify and provide treatment, rehabilitation, legal, and transitional services to incarcerated veterans, and training programs to teach criminal justice, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving veterans; and</li> <li>states to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative. </li> </ul> <p>Amends the Public Health Service Act to authorize the Center for Substance Abuse Treatment to award grants to enable state substance abuse agencies, local governments, nonprofit organizations, and Indian tribes or tribal organizations that have a high rate of, or have had a rapid increase in, the use of heroin or other opioids to expand activities, including medication assisted treatment, for the treatment of addiction in the geographical areas affected.</p> <p>Authorizes the Recovery Branch of the Office of National Drug Control Policy to award grants to: (1) enable high schools and colleges with substance abuse recovery programs and nonprofit organizations to provide substance abuse recovery support services to high school and college students, to help build communities of support for young people in recovery, and to encourage initiatives designed to help young people achieve and sustain recovery; and (2) enable recovery community organizations to develop, expand, and enhance recovery services.</p> <p>Amends the Higher Education Act of 1965 to prohibit the Department of Education from including any question about the conviction of an applicant for the possession or sale of illegal drugs on the Free Application for Federal Student Aid form.</p> <p>Directs HHS to establish a bipartisan Task Force on Recovery and Collateral Consequences to: (1) identify collateral consequences for individuals with drug convictions who are in recovery for a substance use disorder, and (2) determine whether such consequences unnecessarily delay such individuals from resuming their personal and professional activities.</p> <p>Amends the Omnibus Crime Control and Safe Streets Act to direct the Attorney General to report annually on how grants awarded under such Act are used for family-based substance abuse treatment programs that serve as alternatives to incarceration for custodial parents to receive treatment and services as a family.</p> <p>Expresses the sense of Congress that the amounts expended to carry out this Act should be offset by a corresponding reduction in federal non-defense discretionary spending.</p> <p>Directs the Comptroller General to report on the impact that the Medicaid Institutions for Mental Disease exclusion (defined as the prohibition on federal matching payments under Medicaid for patients who have attained age 22, but have not attained age 65, in an institution for mental diseases) has on access to treatment for individuals with a substance use disorder.</p>

action_date: 2016-02-22
action_desc: Reported to Senate with amendment(s)
text: <p><b>Comprehensive Addiction and Recovery Act of 2016</b></p> <p>TITLE I--PREVENTION AND EDUCATION</p> <p>(Sec. 101) This bill requires the Department of Health and Human Services (HHS), in cooperation with the Department of Veterans Affairs, the Department of Defense, and the Drug Enforcement Administration (DEA), to convene a Pain Management Best Practices Inter-Agency Task Force to review, modify, and update best practices for pain management and prescription of pain medication. The task force does not have rulemaking authority. </p> <p>(Sec. 102) It directs HHS to promote education and awareness of prescription opioid abuse. (Opioids are drugs with effects similar to opium, such as certain prescription pain medication, fentanyl [a synthetic opioid], and heroin.)</p> <p>The Office of National Drug Control Policy (ONDCP) must establish a national drug awareness campaign that addresses the similarities between opioids and heroin, the link between prescription opioid abuse and heroin use, and the dangerous effects of mixing fentanyl with heroin.</p> <p>(Sec. 103) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice (DOJ) to award grants to community-based coalitions to enhance community-wide prevention strategies to address a high rate or rapid increase of opioid or methamphetamine abuse. </p> <p>TITLE II--LAW ENFORCEMENT AND TREATMENT</p> <p>(Sec. 201) HHS may award grants to state, local, or tribal governments or nonprofit organizations to develop, implement, or expand treatment alternative to incarceration programs and to enhance state criminal justice and substance abuse agency collaboration to address prescription opioid abuse and heroin use. HHS must give priority to joint applications from criminal justice and substance abuse agencies and applications from states that provide civil liability protection for trained first responders, health professionals, or family members who administer an opioid overdose reversal drug (e.g., naloxone) to counteract opioid overdose. </p> <p>(Sec. 202) HHS may award grants to state, local, or tribal governments to equip and train first responders to administer naloxone to treat an opioid overdose. HHS must provide technical assistance and training. At least 25% of grant funds must be awarded to entities in rural areas with limited access to emergency medical services. </p> <p>(Sec. 203) DOJ must expand disposal sites for unwanted prescription medications. </p> <p>(Sec. 204) DOJ may make grants to state law enforcement agencies to investigate illicit activities related to: (1) heroin or fentanyl distribution or unlawful prescription opioid distribution, and (2) methamphetamine manufacture or distribution. </p> <p>TITLE III--TREATMENT AND RECOVERY</p> <p>(Sec. 301) The bill authorizes the Substance Abuse and Mental Health Services Administration (SAMHSA) to award grants to state, local, or tribal governments or community-based organizations to expand treatment programs, including medication-assisted treatment programs, in areas with a high rate or rapid increase in prescription opioid or heroin use. SAMHSA must ensure equitable geographic distribution of grants and provide technical assistance to grant recipients. </p> <p>(Sec. 302) HHS may award grants to state, local, or tribal governments to implement medication-assisted treatment programs through courts, prisons, jails, or other criminal justice agencies. HHS must prioritize entities in states that provide civil liability protection for trained first responders, health professionals, or family members who administer naloxone to counteract opioid overdose. Additionally, HHS must provide technical assistance and training to grant recipients. </p> <p>(Sec. 303) HHS may award grants to high schools, institutions of higher education, or nonprofit organizations to provide recovery support services, build supportive communities for young people in recovery, and promote sustained recovery for young people with substance use disorders. </p> <p>(Sec. 304) HHS may award matching grants to recovery community organizations to expand, develop, and enhance state and community recovery support services to facilitate long-term recovery from substance use disorders. A recovery community organization is an independent nonprofit organization led by individuals in long-term recovery from substance abuse disorders. </p> <p>TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES</p> <p>(Sec. 401) The bill authorizes DOJ to award grants to state, local, or tribal governments to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities. A grant recipient may restrict prisoners' Internet access to ensure public safety. </p> <p>(Sec. 402) DOJ must establish a bipartisan Task Force on Recovery and Collateral Consequences to identify collateral consequences imposed on convicted drug offenders who are in recovery for a substance use disorder and develop and submit legislative and regulatory recommendations to modify such collateral consequences. A collateral consequence is a penalty imposed as a result of a criminal conviction but not as part of the court judgment. </p> <p>TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND VETERANS</p> <p>(Sec. 501) The bill authorizes SAMHSA to create a pilot program to award competitive grants to state substance abuse agencies to support family-based services for pregnant and postpartum women with a substance use disorder, address gaps in services provided to women in non-residential based settings, and encourage evidence-based services. The Center for Behavioral Health Statistics and Quality must evaluate the pilot program and report to Congress. </p> <p>(Sec. 502) DOJ must annually report the number of grant awards under the Family-Based Adult Offender Substance Abuse Treatment Program and how such grants are used for family-based substance abuse treatment programs that serve as an alternative to incarceration for custodial parent drug offenders. </p> <p>TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS OPIOID AND HEROIN ABUSE</p> <p>(Sec. 601) DOJ may award grants to states to establish and implement a comprehensive response to opioid abuse that includes prevention and education efforts, a prescription drug monitoring program, prescription drug and opioid addiction treatment programs, and overdose death prevention programs. DOJ must give priority to states that: (1) provide civil liability protection for trained first responders, health professionals, or family members who administer naloxone; (2) do not terminate Medicaid eligibility for individuals who are incarcerated for less than two years; (3) enroll incarcerated drug offenders in community-based treatment services prior to reentry; and (4) record, share, or analyze data from prescription drug monitoring database to identify potential abuse.</p> <p>TITLE VII: MISCELLANEOUS</p> <p>(Sec. 701) The Government Accountability Office must report to Congress on how the Medicaid institutions for mental disease (IMD) exclusion impacts access to inpatient treatment and quality of inpatient and outpatient treatment for Medicaid enrollees with substance use disorders. The Medicaid IMD exclusion bars Medicaid reimbursement for certain inpatient mental health care services (including substance use disorder treatment) for patients aged 21 to 64. </p> <p>(Sec. 702) The bill authorizes addiction and recovery programs under this Act through FY2020. </p> <p>(Sec. 704) It prohibits the use of DOJ and HHS grants under this Act for conferences that cost more than $20,000 without prior written approval. The Inspector General for DOJ and HHS must conduct annual audits of selected grant recipients. It bars DOJ and HHS grants to nonprofit organizations that hold money in an offshore account to avoid tax liability. Additionally, DOJ and HHS must identify and report on duplicative grant awards. <br /> </p>

action_date: 2016-03-10
action_desc: Passed Senate amended
text: <p><b>Comprehensive Addiction and Recovery Act of 2016</b></p> <p>TITLE I--PREVENTION AND EDUCATION</p> <p>(Sec. 101) This bill requires the Department of Health and Human Services (HHS), in cooperation with the Department of Veterans Affairs, the Department of Defense, and the Drug Enforcement Administration , to convene a Pain Management Best Practices Interagency Task Force to review, modify, and update best practices for pain management and prescription of pain medication. The task force does not have rulemaking authority. </p> <p>(Sec. 102) It directs HHS to promote education and awareness of prescription opioid abuse. Such education and training must include information on the dangers, prevention, and early warning signs of opioid abuse. (Opioids are drugs with effects similar to opium, such as certain prescription pain medication, fentanyl [a synthetic opioid], and heroin.)</p> <p>The Office of National Drug Control Policy must establish a national drug awareness campaign that addresses the similarities between opioids and heroin, the link between prescription opioid abuse and heroin use, and the dangerous effects of mixing fentanyl with heroin.</p> <p>(Sec. 103) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize HHS to award grants to community-based coalitions to enhance community-wide prevention strategies to address a high rate or rapid increase of opioid or methamphetamine abuse. </p> <p>TITLE II--LAW ENFORCEMENT AND TREATMENT</p> <p>(Sec. 201) HHS may award grants to state, local, or tribal governments or nonprofit organizations to develop, implement, or expand treatment alternative to incarceration programs and to enhance state criminal justice and substance abuse agency collaboration to address prescription opioid abuse and heroin use. HHS must give priority to joint applications from criminal justice and substance abuse agencies and applications from states that provide civil liability protection for trained first responders, health professionals, or family members who administer an opioid overdose reversal drug (e.g., naloxone) to counteract opioid overdose. </p> <p>(Sec. 202) HHS may award grants to state, local, or tribal governments to allow appropriately trained first responders to administer an opioid overdose reversal drug to treat an opioid overdose. Grant funds must be used to equip first responders with opioid overdose reversal drugs, train first responders to administer such drugs, and develop protocols to refer overdose victims to appropriate treatment. HHS must provide technical assistance and training grants. At least 25% of grant funds must be awarded to entities in rural areas with limited access to emergency medical services. </p> <p>(Sec. 203) The Department of Justice (DOJ) must expand or make available disposal sites for unwanted prescription medications. </p> <p>(Sec. 204) DOJ may make grants to state law enforcement agencies to investigate illicit activities related to: (1) heroin, fentanyl, or unlawful prescription opioid distribution, and (2) precursor diversion, laboratories, or methamphetamine manufacture or distribution.</p> <p>TITLE III--TREATMENT AND RECOVERY</p> <p>(Sec. 301) The bill authorizes the Substance Abuse and Mental Health Services Administration (SAMHSA) to award grants to state, local, or tribal governments or community-based organizations to expand treatment programs, including medication-assisted treatment programs, in areas with a high rate or rapid increase in prescription opioid or heroin use. SAMHSA must equitably distribute grants geographically, evaluate grant-supported activities, and provide technical assistance. </p> <p>(Sec. 302) HHS may award grants to state, local, or tribal governments to implement medication-assisted treatment programs through courts, prisons, jails, or other criminal justice agencies. HHS must prioritize entities in states that provide civil liability protection for trained first responders, health professionals, or family members who administer naloxone to counteract opioid overdose. Additionally, HHS must provide technical assistance and training to grant recipients. </p> <p>(Sec. 303) HHS may award grants to high schools, institutions of higher education, or nonprofit organizations to provide recovery support services, build supportive communities, and promote sustained recovery for young people with substance use disorders. </p> <p>(Sec. 304) HHS may award matching grants to recovery community organizations to expand, develop, and enhance state and community recovery support services to facilitate long-term recovery from substance use disorders. A recovery community organization is an independent nonprofit organization that is led by individuals who are in long-term recovery from substance abuse disorders. </p> <p>TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES</p> <p>(Sec. 401) The bill authorizes DOJ to award grants to state, local, or tribal governments to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities. A grant recipient may restrict prisoners' Internet access to ensure public safety. </p> <p>(Sec. 402) DOJ must establish a bipartisan Task Force on Recovery and Collateral Consequences to identify collateral consequences imposed on convicted drug offenders who are in recovery for a substance use disorder and develop and submit legislative and regulatory recommendations to modify such collateral consequences. A collateral consequence is a penalty imposed as a result of a criminal conviction but not as part of the court judgment. </p> <p>TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND VETERANS</p> <p>(Sec. 501) The bill authorizes SAMHSA to create a pilot program to award competitive grants to state substance abuse agencies to support family-based services for pregnant and postpartum women with a substance use disorder, address gaps in services provided to women in non-residential based settings, and encourage evidence-based services. The Center for Behavioral Health Statistics and Quality must evaluate the pilot program and report to Congress. </p> <p>(Sec. 502) DOJ must annually report the number of grant awards under the Family-Based Adult Offender Substance Abuse Treatment Program and how such grants are used for family-based substance abuse treatment programs that serve as an alternative to incarceration for custodial parent drug offenders. </p> <p>TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS OPIOID AND HEROIN ABUSE</p> <p>(Sec. 601) DOJ may award grants to states to establish and implement a comprehensive response to opioid abuse that includes prevention and education efforts, a prescription drug monitoring program, prescription drug and opioid addiction treatment programs, and overdose death prevention programs. DOJ must give priority to states that: (1) provide civil liability protection for trained first responders, health professionals, or family members who administer naloxone; (2) do not terminate Medicaid eligibility for individuals who are incarcerated for less than two years; (3) enroll incarcerated drug offenders in community-based treatment services prior to reentry; and (4) record, share, or analyze data from prescription drug monitoring database to identify potential abuse.</p> <p>TITLE VII--MISCELLANEOUS</p> <p>(Sec. 701) The Government Accountability Office must report to Congress on how the Medicaid institutions for mental disease (IMD) exclusion impacts access to inpatient treatment and quality of inpatient and outpatient treatment for Medicaid enrollees with substance use disorders. The Medicaid IMD exclusion bars Medicaid reimbursement for certain inpatient mental health care services (including substance use disorder treatment) for patients aged 21 to 64. </p> <p>(Sec. 702) The bill authorizes addiction and recovery programs under this Act through FY2020. </p> <p>(Sec. 704) It prohibits the use of DOJ and HHS grants under this Act for conferences that cost more than $20,000 without prior written approval. The Inspector General for DOJ and HHS must conduct annual audits of selected grant recipients. It bars DOJ and HHS grants to nonprofit organizations that hold money in an offshore account to avoid tax liability. Additionally, DOJ and HHS must identify and report on duplicative grant awards.</p> <p>(Sec. 705) This bill amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to authorize a Medicare prescription drug plan (PDP) sponsor to establish a drug management program to limit the prescribers and pharmacies who provide frequently abused drugs to an at-risk beneficiary. A PDP sponsor must have in place a utilization management tool to prevent drug abuse.</p> <p>A PDP sponsor must: (1) notify a beneficiary who is identified as being at-risk for prescription drug abuse, (2) consider the beneficiary's preferences in selecting allowable prescribers and pharmacies, and (3) ensure the beneficiary has continued reasonable access to drugs. </p> <p>The bill exempts from identification as at-risk beneficiary an individual who is receiving hospice care or residing in a long-term care facility.</p> <p>HHS must establish procedures for PDP plan sponsors to share information about at-risk beneficiaries. </p> <p>TITLE VIII--TRANSNATIONAL DRUG TRAFFICKING ACT</p> <p><i>Transnational Drug Trafficking Act of 2015</i></p> <p>(Sec. 802) This bill amends the Controlled Substances Import and Export Act to broaden the scope of persons subject to criminal prosecution for manufacturing or distributing a controlled substance in schedule I or II, a precursor chemical, or flunitrazepam for unlawful import into the United States. The Controlled Substances Act classifies drugs, substances, and chemicals used to make drugs into one of five schedules based on the drug's medical use, potential for abuse, and risk of dependence. <p>Current law prohibits such manufacture or distribution by a person who knows or intends that the substance or chemical will be unlawfully imported. This bill broadens the scope to also prohibit such manufacture or distribution by a person who reasonably believes that the substance or chemical will be unlawfully imported. <p>In addition, this bill prohibits the manufacture or distribution of a precursor chemical by a person who: (1) knows or intends that the chemical will be used to manufacture a controlled substance; and (2) knows, intends, or reasonably believes that the controlled substance will be unlawfully imported into the United States. <p>(Sec. 803) The legislation amends the federal criminal code to replace statutory references to prohibited trafficking in a &quot;counterfeit drug&quot; with references to prohibited trafficking in a &quot;drug that uses a counterfeit mark on or in connection with the drug.&quot;

action_date: 2016-05-13
action_desc: Passed House amended
text: <p>TITLE I--PAIN MANAGEMENT BEST PRACTICES INTER-AGENCY TASK FORCE</p> <p>(Sec. 101) This bill requires the Department of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force to: (1) review, modify, and update best practices for pain management and prescribing pain medication; and (2) examine and identify the need for, development of, and availability of medical alternatives to opioids (drugs with effects similar to opium, such as heroin and certain pain medications).</p> <p>TITLE II--COMPREHENSIVE OPIOID ABUSE REDUCTION ACT</p> <p><i>Comprehensive Opioid Abuse Reduction Act of 2016</i></p> <p>(Sec. 202) This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice (DOJ) to award grants to state, local, and tribal governments to provide opioid abuse services, including: </p> <ul> <li>enhancing collaboration between criminal justice and substance abuse agencies;</li> <li>developing, implementing, or expanding programs to prevent, treat, or respond to opioid abuse; </li> <li> training first responders to administer opioid overdose reversal drugs; and</li> <li> investigating unlawful opioid distribution activities.</li> </ul> <p>(Sec. 203) DOJ's Office of the Inspector General must audit a number of DOJ grant recipients each year. Grants may not be awarded to nonprofit organizations that hold money in offshore accounts to avoid tax liability. </p> <p>(Sec. 204) DOJ may award grants to state, local, and tribal governments to establish or expand programs for veterans, including veterans treatment courts, peer-to-peer services, and treatment, rehabilitation, legal, or transitional services for incarcerated veterans.</p> <p>(Sec. 205) As an offset, this title amends the Justice Assistance Act of 1984 to eliminate existing authority for DOJ to award grants under the Emergency Federal Law Enforcement Assistance Program through FY2021.</p> <p>(Sec. 206) The Family-Based Substance Abuse Treatment Program is expanded to include prison-based family treatment programs for pregnant women.</p> <p>(Sec. 207) The Government Accountability Office (GAO) must report on how DOJ grant programs address substance use and substance use disorders among adolescents and young adults. </p> <p>TITLE III--JASON SIMCAKOSKI PROMISE ACT</p> <p><i>Promoting Responsible Opioid Management and Incorporating Scientific Expertise Act or the Jason Simcakoski PROMISE Act</i></p> <p>(Sec. 302) This bill directs the Department of Veterans Affairs (VA) to expand its Opioid Safety Initiative to include all VA medical facilities. </p> <p>The VA must direct VA health care providers, before initiating opioid therapy, to use the VA's Opioid Therapy Risk Report tool, which must include: (1) information from state prescription drug monitoring programs, (2) a patient's most recent information, (3) information on controlled substances prescribed to a patient outside the VA, (4) the most recent time the tool was accessed by a VA health care provider regarding a patient, (5) the results of a patient's most recent drug test, and (6) the ability to determine whether a health care provider prescribed an opioid to a patient without checking information in the tool.</p> <p>The VA must establish enhanced standards for urine drug tests before and during opioid therapy to help prevent substance abuse, dependence, and diversion. </p> <p>The VA must use the Interdisciplinary Chronic Pain Management Training Team Program to provide education and training on pain management and safe opioid prescribing practices.</p> <p> Each VA medical facility must designate a pain management team of health care professionals to coordinate pain management therapy for patients experiencing pain that is not related to cancer. The VA must establish standard protocols for the designation of pain management teams. The protocols must ensure that a health care provider without expertise or training in prescribing pain medications does not prescribe opioids unless the health care provider: (1) consults with a provider who has pain management expertise or who is on the pain management team; and (2) refers the patient to the pain management team for subsequent prescriptions and therapy. </p> <p>VA health care providers to must provide information on prescriptions of controlled substances received by veterans to state prescription drug monitoring programs. </p> <p>The VA must report on improving the Opioid Therapy Risk Report tool to allow for improved real-time tracking and access to data on certain clinical indicators, concurrent prescribing of opioids by VA health care providers, and mail-order opioid prescriptions.</p> <p>The VA must: (1) maximize the availability to veterans of opioid overdose reversal drugs, such as naloxone; (2) equip each VA pharmacy with such medications for outpatient use; and (3) expand the Overdose Education and Naloxone Distribution program to ensure that veterans receiving VA health care who are at risk of opioid overdose may access such drugs and training on the proper administration of such drugs. </p> <p>The VA must modify its patient record system to ensure that health care providers who access a veteran's record will be immediately notified about whether the veteran is receiving opioid therapy, has a history of substance use disorder or overdose, or is at risk of opioid abuse.</p> <p>(Sec. 303) The VA and the Department of Defense (DOD) must ensure that the VA/DOD Pain Management Working Group: (1) includes a focus on specified practices, (2) coordinates with other working groups, (3) consults with other federal agencies, and (4) and consults with the VA and DOD regarding proposed updates to the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain. </p> <p>The VA and DOD must update the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain.</p> <p>(Sec. 304) The GAO must report on the VA's Opioid Safety Initiative and the opioid prescribing practices of VA health care providers.</p> <p>The VA must report on the prescription of opioids to certain patients at each VA facility and notify Congress and investigate if a provider's or facility's prescription rate is inconsistent with safe care standards. </p> <p>(Sec. 305) VA disclosure of certain information to a state prescription drug monitoring program in order to prevent misuse of prescription medicines by a veteran or dependent is made mandatory.</p> <p>(Sec. 306) This bill amends the Veterans Access, Choice, and Accountability Act of 2014 to reduce the aggregate amount of awards and bonuses that may be paid by the VA in each of FY2017-FY2021.</p> <p>TITLE IV--KINGPIN DESIGNATION IMPROVEMENT ACT</p> <p><i>Kingpin Designation Improvement Act of 2016</i></p> <p>(Sec. 402) This bill amends the Foreign Narcotics Kingpin Designation Act to allow classified information to be submitted to a reviewing court ex parte (without all parties present) or in camera (in private) in a judicial review of a determination by the President that a foreign person is subject to sanctions as a significant foreign narcotics trafficker.</p> <p>TITLE V--GOOD SAMARITAN ASSESSMENT ACT</p> <p><i>Good Samaritan Assessment Act of 2016</i></p> <p>(Sec. 503) The GAO must report on the Office of National Drug Control Policy's review of state and local Good Samaritan laws that exempt from criminal or civil liability any individual who administers an opioid overdose reversal drug or device (e.g., naloxone) or who contacts emergency services providers in response to an overdose.</p> <p>TITLE VI--OPEN ACT</p> <p><i>Opioid Program Evaluation Act or the OPEN Act</i></p> <p>(Sec. 602) DOJ and HHS must each enter into an arrangement with the National Academy of Sciences to identify outcomes and develop metrics to evaluate: (1) the incidence of opioid abuse and illegal opioid distribution, and (2) the effectiveness of department grant programs regarding opioid abuse. DOJ and HHS must each publish outcomes and metrics and require grant recipients to collect and report data. The National Academy of Sciences must publish the evaluations.</p> <p>(Sec. 606) As an offset, this title reduces the authorization of appropriations for financial assistance under the Emergency Federal Law Enforcement Assistance program for FY2022.</p> <p>TITLE VII--INFANT PLAN OF SAFE CARE IMPROVEMENT ACT</p> <p><i>Infant Plan of Safe Care Improvement Act </i></p> <p>(Sec. 702) This bill amends the Child Abuse Prevention and Treatment Act to require the national clearinghouse for information relating to child abuse to maintain and disseminate information about requirements and best practices relating to the development of plans of safe care for infants born affected by illegal substance abuse symptoms, withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder.</p> <p>(Sec. 703) The plan of safe care for such infants that is required for a state to receive a grant to improve its child protective services system must: (1) address the health and substance use disorder treatment needs of the infant and affected family or caregiver, and (2) specify a system for monitoring whether and in what manner local entities are providing services in accordance with state requirements.</p> <p>(Sec. 704) Annual state data reports must include the number of such infants, the number for whom a plan of safe care was developed, and the number for whom referrals are made for services, including services for the affected family or caregiver.</p> <p>(Sec. 705) HHS must monitor state compliance with child protective services system grant requirements.</p> <p>TITLE VIII--NAS HEALTHY BABIES ACT</p> <p><i>Nurturing and Supporting Healthy Babies Act or the NAS Healthy Babies Act</i></p> <p>(Sec. 802) The GAO must report on:</p> <ul> <li>the prevalence of neonatal abstinence syndrome (NAS), which is the symptoms of withdrawal in a newborn; </li> <li>NAS treatment services for which coverage is available under state Medicaid programs; </li> <li>the care settings and reimbursement for NAS treatment; </li> <li>the prevalence of use of various care settings for NAS treatment under state Medicaid programs; </li><li>any federal barriers to treating infants with NAS under state Medicaid programs; and</li> <li>its recommendations for improvements that will ensure access to NAS treatment under state Medicaid programs.</li> </ul> <p>(Sec. 803) This bill amends title XIX (Medicaid) of the Social Security Act to exclude abuse-deterrent prescription drugs from the requirement that manufacturers of single-source or innovator drugs pay additional rebates to state Medicaid programs.</p> <p>(Sec. 804) Under current law, the Centers for Medicare &amp; Medicaid Services must use analytic technologies to identify improper Medicaid claims. The bill prohibits a state agency from using or disclosing such technologies except for purposes of administering a state Medicaid program or Children's Health Insurance Program (CHIP). State agencies must have adequate data security and control policies to ensure that access to such information is restricted to authorized persons for authorized uses.</p> <p>(Sec. 805) The bill places $5 million in the Medicaid Improvement Fund to be available beginning in FY2021.</p> <p>TITLE IX--CO-PRESCRIBING TO REDUCE OVERDOSES ACT</p> <p><i>Co-Prescribing to Reduce Overdoses Act of 2016</i></p> <p>(Sec. 902) HHS may establish a grant program to support prescribing opioid overdose reversal drugs (e.g., naloxone) for patients at an elevated risk of overdose, including patients prescribed an opioid.</p> <p>Grant recipients may use the funds to purchase opioid overdose reversal drugs, establish a program for prescribing such drugs, train health care providers and pharmacists, track patients and outcomes, offset patient cost sharing, conduct community outreach, and connect patients to treatment.</p> <p>(Sec. 903) HHS may provide information to prescribers in federally qualified health centers and Indian Health Service facilities on best practices for prescribing opioid overdose reversal drugs for patients at an elevated risk of overdose.</p> <p>(Sec. 904) This title amends the Public Health Service Act to reduce, as an offset, the authorization of appropriations for Centers for Disease Control and Prevention facilities for FY2018.</p> <p>TITLE X--IMPROVING TREATMENT FOR PREGNANT AND POSTPARTUM WOMEN ACT</p> <p><i>Improving Treatment for Pregnant and Postpartum Women Act of 2016</i></p> <p>(Sec. 1002) Support for residential substance abuse treatment programs for pregnant and postpartum women is extended through FY2021.</p> <p>(Sec. 1003) The Center for Substance Abuse Treatment must carry out a pilot program to make grants to state substance abuse agencies to support services for pregnant and postpartum women who have a primary diagnosis of a substance use disorder, including opioid use disorders. The Center for Behavioral Health Statistics and Quality must fund an evaluation of the pilot program.</p> <p>(Sec. 1004) As an offset, this title reduces the authorization of appropriations for Centers for Disease Control and Prevention facilities for FY2017.</p> <p>TITLE XI--VETERAN EMERGENCY MEDICAL TECHNICIAN SUPPORT ACT</p> <p><i>Veteran Emergency Medical Technician Support Act of 2016</i></p> <p>(Sec. 1102) HHS must establish a demonstration program for states with a shortage of emergency medical technicians (EMTs) to streamline state requirements and procedures to assist veterans who completed military EMT training to meet state EMT certification, licensure, and other requirements.</p> <p>TITLE XII--JOHN THOMAS DECKER ACT</p> <p><i>John Thomas Decker Act of 2016</i></p> <p>(Sec. 1202) HHS must report on the availability of information regarding prescription of opioids after youth sports injury, including information on opioid use and misuse, injury treatments that do not involve opioids, and treatment for opioid addiction. The report must determine the extent this information is available to teenagers and adolescents who play youth sports, their families, youth sports groups, and health care providers.</p> <p>Taking into consideration the findings of the report, HHS must develop and disseminate such information. </p> <p>TITLE XIII--LALI'S LAW</p> <p><i>Lali's Law</i></p> <p>(Sec. 1302) HHS may make grants to states that allow standing orders (documents that allow a person to acquire, dispense, or administer a prescription medication without a person-specific prescription) for opioid overdose reversal drugs (e.g., naloxone). Grants may be used for:</p> <ul> <li> developing standing orders for opioid overdose reversal drugs for pharmacies,</li> <li>encouraging pharmacies to dispense drugs pursuant to such a standing order,</li> <li>implementing best practices for prescribing opioids and prescribing and discussing with patients opioid overdose reversal drugs,</li> <li>developing training for prescribers to use in educating the public on administration of opioid overdose reversal drugs, and</li> <li>educating the public on the availability and public health benefits of opioid overdose reversal drugs.</li> </ul> <p>States must report on pharmacies that dispense opioid overdose reversal drugs under a standing order and the number of pharmacists trained in educating the public on administration of opioid overdose reversal drugs. </p> <p>(Sec. 1303) As an offset, this title reduces the authorization of appropriations for Centers for Disease Control and Prevention facilities for FY2017.</p> <p>TITLE XIV--REDUCING UNUSED MEDICATIONS ACT</p> <p><i>Reducing Unused Medications Act of 2016</i></p> <p>(Sec. 1402) This bill amends the Controlled Substances Act to allow a pharmacist to partially fill a prescription for a schedule II controlled substance (such as an opioid) if: (1) such partial fills are not prohibited by state law, (2) a partial fill is requested by the patient or prescribing practitioner, and (3) the total quantity dispensed in partial fillings does not exceed the quantity prescribed. Such prescriptions may also be partially filled in accordance with existing Drug Enforcement Administration (DEA) regulations that permit partial fills when a pharmacist cannot supply a full quantity, a patient resides in a long-term care facility, or a patient is terminally ill.</p> <p>The bill specifies time limits for filling the remaining portion of a partially filled prescription.</p> <p>TITLE XV--OPIOID REVIEW MODERNIZATION ACT</p> <p><i>Opioid Review Modernization Act of 2016</i></p> <p>(Sec. 1502) This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to refer new drug applications for opioids to an advisory committee before approval, unless the FDA finds that such a referral is scientifically unnecessary and not in the interest of protecting and promoting public health and the FDA notifies Congress of its rationale.</p> <p>The FDA must convene an advisory committee on labeling opioids for pediatric use before approving any such labeling.</p> <p>(Sec. 1503) As part of its evaluation of the Extended-Release/Long-Acting Opioid Analgesics Risk Evaluation and Mitigation Strategy, the FDA must develop recommendations regarding education programs for prescribers of opioids.</p> <p>(Sec. 1504) The FDA must finalize the draft guidance entitled "General Principles for Evaluating the Abuse Deterrence of Generic Solid Oral Opioid Drug Products." </p> <p>TITLE XVI--EXAMINING OPIOID TREATMENT INFRASTRUCTURE ACT</p> <p><i>Examining Opioid Treatment Infrastructure Act of 2016</i></p> <p>(Sec. 1602) The GAO must report on inpatient and outpatient treatment capacity, availability, and needs, including detoxification programs, clinical stabilization programs, transitional residential support services, rehabilitation programs, treatment programs for pregnant women or adolescents, and treatment through Indian health programs. The report must include the barriers to real-time reporting of drug overdoses at the federal, state, and local level and ways to overcome those barriers.</p> <p>TITLE XVII--OPIOID USE DISORDER TREATMENT EXPANSION AND MODERNIZATION ACT</p> <p><i>Opioid Use Disorder Treatment Expansion and Modernization Act</i></p> <p> (Sec. 1703) This bill revises the qualifications required for a practitioner to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. </p> <p>The bill expands qualifying practitioners to include licensed nurse practitioners and physician assistants who have expertise and prescribe medications for opioid use disorder in collaboration with or under the supervision of a qualifying physician if state law requires physician oversight of prescribing authority. Qualifying practitioners must comply with reporting requirements and have the capacity to provide all FDA-approved drugs for opioid use disorder. </p> <p> HHS may change the maximum patient limit for qualifying practitioners. If HHS increases the limit, then a qualifying practitioner must obtain written consent from each patient regarding assessment and treatment.</p> <p>HHS must update the treatment improvement protocol containing best practice guidelines for the treatment of opioid-dependent patients in office-based settings. </p> <p>HHS may recommend revoking or suspending the registration of a practitioner who fails to comply with the requirements of the Controlled Substances Act.</p> <p>(Sec. 1705) This section repeats section 1402.</p> <p>TITLE XVIII--NATIONAL ALL SCHEDULES PRESCRIPTION ELECTRONIC REPORTING REAUTHORIZATION ACT</p> <p><i>National All Schedules Prescription Electronic Reporting Reauthorization Act of 2015</i></p> <p>(Sec. 1802) This bill amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of state prescription drug monitoring systems ensuring access to prescription history information for the investigative purposes of law enforcement, regulatory, and state professional licensing authorities.</p> <p> (Sec. 1803) The grant program for state prescription drug monitoring programs is extended through FY2020 and revised, including to:</p> <ul> <li>allow grants to be used to maintain and operate existing state prescription drug monitoring programs, </li> <li>require HHS to redistribute any returned funds among the remaining grantees,</li> <li>require a state to provide HHS with aggregate data and other information to enable HHS to evaluate the success of the state's program, and</li> <li>expand the program to include any commonwealth or territory of the United States.</li> </ul> <p>The DEA, HHS, a state Medicaid program, a state health department, or a state substance abuse agency receiving nonidentifiable information from a prescription drug monitoring database for research purposes may make that information available to other entities for research purposes.</p> <p>A state receiving a grant must: (1) facilitate prescriber and dispenser use of the state's prescription drug monitoring system, and (2) educate prescribers and dispensers on the benefits of the system both to them and society.</p>

action_date: 2016-07-06
action_desc: Conference report filed in House
text: <p><b>Comprehensive Addiction and Recovery Act of 2016</b></p> <p>TITLE I--PREVENTION AND EDUCATION</p> <p>(Sec. 101) This bill requires the Department of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force to review best practices for pain management developed or adopted by federal agencies. The task force must propose updates to best practices and recommendations for addressing gaps or inconsistencies.</p> <p>(Sec. 102) HHS must advance education and awareness regarding the risk of abuse of prescription opioids if they are not taken as prescribed. (Opioids are drugs with effects similar to opium, such as certain pain medications and heroin.)</p> <p>(Sec. 103) The Office of National Drug Control Policy, in coordination with the Substance Abuse and Mental Health Services Administration, may award grants to implement community-wide strategies to address a high rate of, or sudden increase in, opioid or methamphetamine abuse or a sudden increase in opioid-related deaths.</p> <p>(Sec. 104) HHS must report on the availability of information regarding the prescription of opioids after youth sports injury, including information on opioid use and misuse, injury treatments that do not involve opioids, and treatment for opioid addiction. The report must determine the extent this information is available to teenagers and adolescents who play youth sports, their families, youth sports groups, and health care providers. Taking into consideration the findings of the report, HHS may facilitate the development of such information.</p> <p>(Sec. 105) This bill amends the Public Health Service Act to require HHS to award grants to states to: (1) streamline state requirements and procedures to assist certain veterans to meet state certification, licensure, and other requirements applicable to civilian health care professions; and (2) develop or expand career pathways at institutions of higher education to support veterans in meeting such requirements.</p> <p>(Sec. 106) This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to refer new drug applications for opioids to an advisory committee before approval, unless the FDA finds that such a referral is scientifically unnecessary and not in the interest of protecting and promoting public health and the FDA notifies Congress of its rationale.</p> <p>The FDA must convene an advisory committee on labeling opioids for pediatric use before approving any such labeling.</p> <p>As part of its evaluation of the Extended-Release/Long-Acting Opioid Analgesics Risk Evaluation and Mitigation Strategy, the FDA must develop recommendations regarding education programs for prescribers of opioids.</p> <p>The FDA must finalize the draft guidance entitled "General Principles for Evaluating the Abuse Deterrence of Generic Solid Oral Opioid Drug Products."</p> <p>(Sec. 107) HHS must award grants to expand access to drugs or devices approved by the FDA for emergency treatment of opioid overdose (e.g., naloxone). Grant recipients may use the funds to purchase such treatments, establish a program for prescribing such treatments, train health care providers and pharmacists, offset patient cost sharing, and connect patients to treatment.</p> <p>HHS may provide information to prescribers in federally qualified health centers and Indian Health Service facilities on best practices for prescribing such treatments. The Department of Defense and the Department of Veterans Affairs may provide such information to prescribers in their medical facilities.</p> <p>(Sec. 108) The National Institutes of Health (NIH) may intensify and coordinate NIH research into the understanding of pain, therapies for chronic pain, and alternatives to opioids for pain treatments. The prioritization and direction of federally funded pain research must consider recommendations made by the Interagency Pain Research Coordinating Committee.</p> <p> (Sec. 109) The grant program for state prescription drug monitoring programs is extended through FY2021 and revised, including to:</p> <ul> <li>allow grants to be used to maintain and operate existing state prescription drug monitoring programs, </li> <li>require HHS to redistribute any returned funds among the remaining grantees,</li> <li>require a state to provide HHS with aggregate data to enable HHS to evaluate the success of the state's program, and</li> <li>expand the program to include any commonwealth or territory of the United States.</li> </ul> <p>The Drug Enforcement Administration (DEA), HHS, a state Medicaid program, a state health department, or a state substance abuse agency receiving nonidentifiable information from a prescription drug monitoring database for research purposes may make that information available to other entities for research purposes.</p> <p>A state receiving a grant must: (1) facilitate prescriber and dispenser use of the state's prescription drug monitoring system, and (2) educate prescribers and dispensers on the benefits of the system both to them and society.</p> <p>(Sec. 110) HHS must make grants to states that allow standing orders (documents that allow a person to acquire, dispense, or administer a prescription medication without a person-specific prescription) for drugs or devices for emergency treatment of opioid overdose (e.g., naloxone). Grants may be used for:</p> <ul> <li> implementing strategies for pharmacists to dispense such treatments pursuant to a standing order,</li> <li>encouraging pharmacies to dispense such treatments pursuant to a standing order,</li> <li>developing or providing training materials for prescribers to use in educating the public on administration of such treatments, and</li> <li>educating the public on the availability of such treatments.</li> </ul> <p>States must report on pharmacies that dispense such treatments under a standing order. </p> <p>TITLE II--LAW ENFORCEMENT AND TREATMENT</p> <p>(Sec. 201) This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice (DOJ) to award grants to state, local, and tribal governments to provide opioid abuse services, including: </p> <ul> <li>developing, implementing, or expanding a treatment alternative to incarceration program;</li> <li>enhancing collaboration between criminal justice and substance abuse agencies;</li> <li>developing, implementing, or expanding programs to prevent, treat, or respond to opioid abuse; </li> <li> training first responders to administer opioid overdose treatments; and</li> <li> investigating unlawful opioid distribution activities.</li> </ul> <p>This bill amends the Justice Assistance Act of 1984 to eliminate existing authority for DOJ to award grants under the Emergency Federal Law Enforcement Assistance Program through FY2021.</p> <p>The Family-Based Substance Abuse Treatment Program is expanded to include prison-based family treatment programs for pregnant women.</p> <p>The Government Accountability Office (GAO) must report on how federal grant programs address substance use and substance use disorders among adolescents and young adults.</p> <p>(Sec. 202) HHS must make grants to states, local governmental entities, Indian tribes, and tribal organizations to enable first responders and others to administer drugs or devices for emergency treatment of opioid overdose. Grants may be used to make such treatments available, train first responders and others on the use of such treatments, and establish processes to refer individuals receiving treatment to follow-up care.</p> <p>(Sec. 203) DOJ must coordinate with law enforcement agencies, pharmacies, distributors of prescription medications, and others to expand or make available disposal sites for unwanted prescription medications.</p> <p>TITLE III--TREATMENT AND RECOVERY</p> <p>(Sec. 301) HHS must provide support to state substance abuse agencies, units of local government, nonprofit organizations, and Indian tribes and tribal organizations that have a high rate of, or a rapid increase in, use of opioids to expand treatment of addiction in the areas affected.</p> (Sec. 302) HHS must award grants to enable recovery community organizations to develop, expand, and enhance substance use disorder recovery services. A recovery community organization is a nonprofit organization governed by people in recovery for substance use disorders that mobilizes resources to increase the prevalence and quality of long-term recovery. <p>(Sec. 303) This bill amends the Controlled Substances Act to revise the qualifications required for a practitioner to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. </p> <p>The bill expands qualifying practitioners to include licensed nurse practitioners and physician assistants who have expertise and prescribe medications for opioid use disorder in collaboration with or under the supervision of a qualifying physician if state law requires physician oversight of prescribing authority. Qualifying practitioners must comply with reporting requirements and have the capacity to provide all FDA-approved drugs for opioid use disorder and other ancillary services. </p> <p> HHS may change the maximum patient limit for qualifying practitioners.</p> <p>HHS must update the treatment improvement protocol containing best practice guidelines for the treatment of opioid-dependent patients in office-based settings. </p> <p>TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES</p> <p>(Sec. 401) The GAO must report on the collateral consequences for individuals with convictions for nonviolent drug-related offenses, including the effect of those consequences on individuals resuming their personal and professional activities and the justifications for imposing those consequences. Collateral consequences are penalties or disadvantages imposed on such individuals by law, an administrative agency, or a court, not including consequences imposed at sentencing.</p> <p>TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND VETERANS</p> <p>(Sec. 501) Support for residential substance abuse treatment programs for pregnant and postpartum women is expanded to include outpatient treatment and extended through FY2021. Such programs must provide services to the children of participants, including therapeutic, comprehensive child care. Priority for support must be given to programs serving rural areas, health professional shortage areas, or areas with a shortage of family-based substance use disorder treatment options.</p> <p>The Center for Substance Abuse Treatment must carry out a pilot program to make grants to state substance abuse agencies to support services for pregnant and postpartum women who have a primary diagnosis of a substance use disorder, including opioid use disorders. The Center for Behavioral Health Statistics and Quality must evaluate the pilot program.</p> <p>(Sec. 502) DOJ may award grants to state, local, and tribal governments to establish or expand programs for veterans, including veterans treatment courts, peer-to-peer services, and treatment, rehabilitation, legal, or transitional services for incarcerated veterans.</p> <p>(Sec. 503) This bill amends the Child Abuse Prevention and Treatment Act to require the national clearinghouse for information relating to child abuse to maintain and disseminate information about requirements and best practices relating to the development of plans of safe care for infants born affected by substance abuse symptoms, withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder.</p> <p>The plan of safe care for such infants that is required for a state to receive a grant to improve its child protective services system must: (1) address the health and substance use disorder treatment needs of the infant and affected family or caregiver, and (2) specify a system for monitoring whether and in what manner local entities are providing services in accordance with state requirements.</p> <p>Annual state data reports must include the number of such infants, the number for whom a plan of safe care was developed, and the number for whom referrals are made for services, including services for the affected family or caregiver.</p> <p>HHS must monitor state compliance with child protective services system grant requirements.</p> <p>(Sec. 504) The GAO must report on:</p> <ul> <li>the prevalence of neonatal abstinence syndrome (NAS), which is the symptoms of withdrawal in a newborn; </li> <li>NAS treatment services for which coverage is available under state Medicaid programs; </li> <li>the care settings and reimbursement for NAS treatment; </li> <li>the prevalence of use of various care settings for NAS treatment under state Medicaid programs; </li> <li>any federal barriers to treating infants with NAS under state Medicaid programs; </li> <li>what is known about best practices for treating infants with NAS; and</li> <li>its recommendations for improvements that will ensure access to NAS treatment under state Medicaid programs.</li> </ul> <p>TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS PRESCRIPTION OPIOID ABUSE</p> <p>(Sec. 601) HHS must award grants to establish and implement a comprehensive state and local response to opioid abuse that includes education efforts, a prescription drug monitoring program, prescription drug and opioid addiction treatment programs, and overdose death prevention efforts. HHS must give priority to entities that: (1) provide civil liability protection for first responders, health professionals, or family members who are trained in administering an opioid overdose treatment; (2) enroll incarcerated drug offenders in community-based treatment services prior to reentry; (3) ensure that data from their prescription drug monitoring program can be shared with other states and is regularly updated; and (4) maximize use of prescription drug monitoring programs and ensure programs notify prescribers and dispensers of suspected abuse of controlled substances by patients.</p> <p>TITLE VII--MISCELLANEOUS</p> <p>(Sec. 701) Each fiscal year, DOJ's Office of the Inspector General must audit a number of opioid abuse services grant recipients. Grant recipients with unresolved audit findings are not eligible to receive grant funds for two years. Nonprofit organizations that hold money in offshore accounts to avoid tax liability may not receive grant funds.</p> <p>DOJ and HHS must each enter into an arrangement with the National Academy of Sciences or a nonfederal entity to evaluate the effectiveness of grants pertaining to opioid abuse established by this bill. The bill limits expenditures for conferences under these grants.</p> <p>(Sec. 702) This bill amends the Controlled Substances Act to allow a pharmacist to partially fill a prescription for a schedule II controlled substance (such as an opioid) if: (1) such partial fills are not prohibited by state law, (2) a partial fill is requested by the patient or prescribing practitioner, and (3) the total quantity dispensed in partial fillings does not exceed the quantity prescribed. </p> <p>(Sec. 703) The GAO must report on the Office of National Drug Control Policy's review of state and local Good Samaritan laws that exempt from criminal or civil liability any individual who administers an opioid overdose reversal drug or device (e.g., naloxone) or who contacts emergency services providers in response to an overdose.</p> <p>(Sec. 704) This bill amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSAct) to authorize prescription drug plan (PDP) sponsors to establish a drug management program for beneficiaries at-risk for prescription drug abuse. PDP sponsors with drug management programs must provide to the Centers for Medicare and Medicaid Services (CMS) data on limitations imposed on beneficiaries and data to identify patterns of drug use that may indicate fraudulent, medically unnecessary, or unsafe use.</p> <p>PDP sponsors must have in place a utilization management tool designed to prevent the abuse and diversion of frequently abused drugs.</p> <p>Medicare drug integrity contractors (MEDICs) may accept an individual's prescription and necessary medical records from pharmacies, PDPs, and physicians in order to provide information relevant to determining whether the individual is an at-risk beneficiary.</p> <p>The Inspector General of HHS must study the effectiveness of MEDICs in identifying, combating, and preventing Medicare fraud.</p> <p>Funds are made available to the Medicare Improvement Fund for services provided during and after FY2021.</p> <p>(Sec. 705) This bill amends title XIX (Medicaid) of the SSAct to exclude abuse-deterrent prescription drugs from the requirement that manufacturers of single-source or innovator drugs pay additional rebates to state Medicaid programs.</p> <p>(Sec. 706) Under current law, the CMS must use analytic technologies to identify improper Medicaid claims. The bill prohibits a state agency from using or disclosing such technologies except for purposes of administering a state Medicaid program or Children's Health Insurance Program (CHIP). State agencies must have adequate data security and control policies to ensure that access to such information is restricted to authorized persons for authorized uses.</p> <p>(Sec. 707) The bill places $5 million in the Medicaid Improvement Fund to be available beginning in FY2021.</p> <p>TITLE VIII--KINGPIN DESIGNATION IMPROVEMENT</p> <p>(Sec. 801) This bill amends the Foreign Narcotics Kingpin Designation Act to allow classified information to be submitted to a reviewing court ex parte (without all parties present) or in camera (in private) in a judicial review of a determination by the President that a foreign person is subject to sanctions as a significant foreign narcotics trafficker.</p> <p>TITLE IX--DEPARTMENT OF VETERANS AFFAIRS</p> <p><i>Jason Simcakoski Memorial and Promise Act</i></p> <p>Subtitle A--Opioid Therapy and Pain Management</p> <p>(Sec. 911) This bill directs the Department of Veterans Affairs (VA) to expand its Opioid Safety Initiative to include all VA medical facilities. </p> <p>The VA must direct its health care providers, before initiating opioid therapy, to use the VA's Opioid Therapy Risk Report tool, which must include: (1) information from state prescription drug monitoring programs, (2) a patient's most recent information, and (3) information on controlled substances prescribed to a patient outside the VA.</p> <p>The VA must establish enhanced standards for urine drug tests before and during opioid therapy to help prevent substance abuse, dependence, and diversion. </p> <p>The VA must use the Interdisciplinary Chronic Pain Management Training Team Program to provide education and training on pain management and safe opioid prescribing practices.</p> <p> Each VA medical facility must designate a pain management team of health care professionals to coordinate pain management therapy for patients experiencing pain that is not related to cancer. </p> <p>VA health care providers to must provide information on prescriptions of controlled substances received by veterans to state prescription drug monitoring programs. </p> <p>The VA must: (1) maximize the availability to veterans of opioid overdose reversal drugs, such as naloxone; (2) equip each VA pharmacy with such medications for outpatient use; and (3) expand the Overdose Education and Naloxone Distribution program to ensure that veterans receiving VA health care who are at risk of opioid overdose may access such drugs and training on the proper administration of such drugs. </p> <p>The VA must modify its patient record system to ensure that health care providers who access a veteran's record will be immediately notified about whether the veteran is receiving opioid therapy, has a history of substance use disorder or overdose, or is at risk of developing an opioid use disorder.</p> <p>(Sec. 912) The VA and the Department of Defense (DOD) must ensure that the VA/DOD Pain Management Working Group: (1) includes a focus on specified practices, (2) coordinates with other working groups, (3) consults with other federal agencies, and (4) and consults with the VA and DOD regarding proposed updates to the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain. </p> <p>The VA and DOD must update the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain.</p> <p>(Sec. 913) The GAO must report on the VA's Opioid Safety Initiative and the opioid prescribing practices of VA health care providers.</p> <p>The VA must report on opioid therapy and prescription rates for VA patients and notify Congress and investigate if a provider's or facility's prescription rate is inconsistent with safe care standards. </p> <p>(Sec. 914) The bill makes mandatory the disclosure by the VA of certain information to a state prescription drug monitoring program in order to prevent misuse of prescription medicines by a veteran or dependent.</p> <p>(Sec. 915) Veterans at high risk of an opioid overdose are exempt from paying a copayment to the VA for opioid overdose treatments. Veterans are exempt from paying a copayment to the VA for education on the use of such treatments.</p> <p>Subtitle B--Patient Advocacy</p> <p>(Sec. 921) At least once every 90 days, each VA medical facility must host a public meeting on improving health care furnished by the VA. Community-based VA outpatient clinics must host such meetings at least once every year.</p> <p>(Sec. 922) Not more than 90 days after enactment of this bill, the VA must display: (1) the purposes of the Patient Advocacy Program and patient advocate contact information at VA medical facilities, and (2) the rights and responsibilities of patients and family members at medical and residential facilities.</p> (Sec. 923) The GAO must report on the Patient Advocacy Program and include an assessment of staffing, staff training, and awareness and use of the program. <p>(Sec. 924) The Office of Patient Advocacy is established in the VA's Office of the Under Secretary for Health. The office must carry out the Patient Advocacy Program and ensure that patient advocates are trained and advocate on behalf of veterans receiving or seeking health care through the VA.</p> <p>Subtitle C--Complementary and Integrative Health</p> <p>(Sec. 931) The bill establishes the Creating Options for Veterans' Expedited Recovery Commission or the COVER Commission to examine the evidence-based therapy treatment model used by the VA for treating mental health conditions of veterans and the potential benefits of incorporating complementary and integrative treatments including music, acupuncture, yoga, meditation, and sports.</p> <p>Not more than 90 days after receiving a report from the commission with recommendations, the VA must submit a report that includes: (1) an action plan for implementing recommendations and a time frame for implementing complementary and integrative treatments, and (2) a justification for any determination that a recommendation is not appropriate or feasible and an alternative solution to improve the therapy model.</p> <p>(Sec. 932) The VA must develop a plan to expand the scope of its research and education on, and delivery and integration of, complementary and integrative health services.</p> <p>(Sec. 933) The VA must carry out a pilot program to assess the feasibility and advisability of using complementary and integrative health and wellness-based services by complementing the provision of pain management and related health care services with such services. In selecting the medical centers for this pilot program, the VA must give priority to centers where the prescription rate of opioids conflicts or is inconsistent with the standards of appropriate and safe care.</p> <p>Subtitle D--Fitness of Health Care Providers</p> <p>(Sec. 941) As part of the VA's hiring process for health care providers, the VA must require from each medical board that licensed the provider information on any violation of the license and any settlement agreement for a disciplinary charge relating to the provider's practice of medicine.</p> <p>(Sec. 942) The VA must provide information on any violation of a medical license by a VA health care provider to each medical board licensing that provider.</p> <p>(Sec. 943) Not later than 180 days after enactment of this bill, the VA must report on its compliance with its policy to review each health care provider who transfers, resigns, retires, or is terminated to determine whether there are any concerns, complaints, or allegations of violations relating to the medical practice of the provider and take appropriate action.</p> <p>Subtitle E--Other Matters</p> <p>(Sec. 951) This bill amends the Veterans Access, Choice, and Accountability Act of 2014 to reduce the aggregate amount of awards and bonuses that may be paid by the VA in each of FY2017-FY2021.</p>

action_date: 2016-07-22
action_desc: Public Law
text: <p>(This measure has not been amended since the Conference Report was filed in the House on July 6, 2016. The summary of that version is repeated here.)</p> <p><b>Comprehensive Addiction and Recovery Act of 2016</b></p> <p>TITLE I--PREVENTION AND EDUCATION</p> <p>(Sec. 101) This bill requires the Department of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force to review best practices for pain management developed or adopted by federal agencies. The task force must propose updates to best practices and recommendations for addressing gaps or inconsistencies.</p> <p>(Sec. 102) HHS must advance education and awareness regarding the risk of abuse of prescription opioids if they are not taken as prescribed. (Opioids are drugs with effects similar to opium, such as certain pain medications and heroin.)</p> <p>(Sec. 103) The Office of National Drug Control Policy, in coordination with the Substance Abuse and Mental Health Services Administration, may award grants to implement community-wide strategies to address a high rate of, or sudden increase in, opioid or methamphetamine abuse or a sudden increase in opioid-related deaths.</p> <p>(Sec. 104) HHS must report on the availability of information regarding the prescription of opioids after youth sports injury, including information on opioid use and misuse, injury treatments that do not involve opioids, and treatment for opioid addiction. The report must determine the extent this information is available to teenagers and adolescents who play youth sports, their families, youth sports groups, and health care providers. Taking into consideration the findings of the report, HHS may facilitate the development of such information.</p> <p>(Sec. 105) This bill amends the Public Health Service Act to require HHS to award grants to states to: (1) streamline state requirements and procedures to assist certain veterans to meet state certification, licensure, and other requirements applicable to civilian health care professions; and (2) develop or expand career pathways at institutions of higher education to support veterans in meeting such requirements.</p> <p>(Sec. 106) This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to refer new drug applications for opioids to an advisory committee before approval, unless the FDA finds that such a referral is scientifically unnecessary and not in the interest of protecting and promoting public health and the FDA notifies Congress of its rationale.</p> <p>The FDA must convene an advisory committee on labeling opioids for pediatric use before approving any such labeling.</p> <p>As part of its evaluation of the Extended-Release/Long-Acting Opioid Analgesics Risk Evaluation and Mitigation Strategy, the FDA must develop recommendations regarding education programs for prescribers of opioids.</p> <p>The FDA must finalize the draft guidance entitled "General Principles for Evaluating the Abuse Deterrence of Generic Solid Oral Opioid Drug Products."</p> <p>(Sec. 107) HHS must award grants to expand access to drugs or devices approved by the FDA for emergency treatment of opioid overdose (e.g., naloxone). Grant recipients may use the funds to purchase such treatments, establish a program for prescribing such treatments, train health care providers and pharmacists, offset patient cost sharing, and connect patients to treatment.</p> <p>HHS may provide information to prescribers in federally qualified health centers and Indian Health Service facilities on best practices for prescribing such treatments. The Department of Defense and the Department of Veterans Affairs may provide such information to prescribers in their medical facilities.</p> <p>(Sec. 108) The National Institutes of Health (NIH) may intensify and coordinate NIH research into the understanding of pain, therapies for chronic pain, and alternatives to opioids for pain treatments. The prioritization and direction of federally funded pain research must consider recommendations made by the Interagency Pain Research Coordinating Committee.</p> <p> (Sec. 109) The grant program for state prescription drug monitoring programs is extended through FY2021 and revised, including to:</p> <ul> <li>allow grants to be used to maintain and operate existing state prescription drug monitoring programs, </li> <li>require HHS to redistribute any returned funds among the remaining grantees,</li> <li>require a state to provide HHS with aggregate data to enable HHS to evaluate the success of the state's program, and</li> <li>expand the program to include any commonwealth or territory of the United States.</li> </ul> <p>The Drug Enforcement Administration (DEA), HHS, a state Medicaid program, a state health department, or a state substance abuse agency receiving nonidentifiable information from a prescription drug monitoring database for research purposes may make that information available to other entities for research purposes.</p> <p>A state receiving a grant must: (1) facilitate prescriber and dispenser use of the state's prescription drug monitoring system, and (2) educate prescribers and dispensers on the benefits of the system both to them and society.</p> <p>(Sec. 110) HHS must make grants to states that allow standing orders (documents that allow a person to acquire, dispense, or administer a prescription medication without a person-specific prescription) for drugs or devices for emergency treatment of opioid overdose (e.g., naloxone). Grants may be used for:</p> <ul> <li> implementing strategies for pharmacists to dispense such treatments pursuant to a standing order,</li> <li>encouraging pharmacies to dispense such treatments pursuant to a standing order,</li> <li>developing or providing training materials for prescribers to use in educating the public on administration of such treatments, and</li> <li>educating the public on the availability of such treatments.</li> </ul> <p>States must report on pharmacies that dispense such treatments under a standing order. </p> <p>TITLE II--LAW ENFORCEMENT AND TREATMENT</p> <p>(Sec. 201) This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice (DOJ) to award grants to state, local, and tribal governments to provide opioid abuse services, including: </p> <ul> <li>developing, implementing, or expanding a treatment alternative to incarceration program;</li> <li>enhancing collaboration between criminal justice and substance abuse agencies;</li> <li>developing, implementing, or expanding programs to prevent, treat, or respond to opioid abuse; </li> <li> training first responders to administer opioid overdose treatments; and</li> <li> investigating unlawful opioid distribution activities.</li> </ul> <p>This bill amends the Justice Assistance Act of 1984 to eliminate existing authority for DOJ to award grants under the Emergency Federal Law Enforcement Assistance Program through FY2021.</p> <p>The Family-Based Substance Abuse Treatment Program is expanded to include prison-based family treatment programs for pregnant women.</p> <p>The Government Accountability Office (GAO) must report on how federal grant programs address substance use and substance use disorders among adolescents and young adults.</p> <p>(Sec. 202) HHS must make grants to states, local governmental entities, Indian tribes, and tribal organizations to enable first responders and others to administer drugs or devices for emergency treatment of opioid overdose. Grants may be used to make such treatments available, train first responders and others on the use of such treatments, and establish processes to refer individuals receiving treatment to follow-up care.</p> <p>(Sec. 203) DOJ must coordinate with law enforcement agencies, pharmacies, distributors of prescription medications, and others to expand or make available disposal sites for unwanted prescription medications.</p> <p>TITLE III--TREATMENT AND RECOVERY</p> <p>(Sec. 301) HHS must provide support to state substance abuse agencies, units of local government, nonprofit organizations, and Indian tribes and tribal organizations that have a high rate of, or a rapid increase in, use of opioids to expand treatment of addiction in the areas affected.</p> (Sec. 302) HHS must award grants to enable recovery community organizations to develop, expand, and enhance substance use disorder recovery services. A recovery community organization is a nonprofit organization governed by people in recovery for substance use disorders that mobilizes resources to increase the prevalence and quality of long-term recovery. <p>(Sec. 303) This bill amends the Controlled Substances Act to revise the qualifications required for a practitioner to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. </p> <p>The bill expands qualifying practitioners to include licensed nurse practitioners and physician assistants who have expertise and prescribe medications for opioid use disorder in collaboration with or under the supervision of a qualifying physician if state law requires physician oversight of prescribing authority. Qualifying practitioners must comply with reporting requirements and have the capacity to provide all FDA-approved drugs for opioid use disorder and other ancillary services. </p> <p> HHS may change the maximum patient limit for qualifying practitioners.</p> <p>HHS must update the treatment improvement protocol containing best practice guidelines for the treatment of opioid-dependent patients in office-based settings. </p> <p>TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES</p> <p>(Sec. 401) The GAO must report on the collateral consequences for individuals with convictions for nonviolent drug-related offenses, including the effect of those consequences on individuals resuming their personal and professional activities and the justifications for imposing those consequences. Collateral consequences are penalties or disadvantages imposed on such individuals by law, an administrative agency, or a court, not including consequences imposed at sentencing.</p> <p>TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND VETERANS</p> <p>(Sec. 501) Support for residential substance abuse treatment programs for pregnant and postpartum women is expanded to include outpatient treatment and extended through FY2021. Such programs must provide services to the children of participants, including therapeutic, comprehensive child care. Priority for support must be given to programs serving rural areas, health professional shortage areas, or areas with a shortage of family-based substance use disorder treatment options.</p> <p>The Center for Substance Abuse Treatment must carry out a pilot program to make grants to state substance abuse agencies to support services for pregnant and postpartum women who have a primary diagnosis of a substance use disorder, including opioid use disorders. The Center for Behavioral Health Statistics and Quality must evaluate the pilot program.</p> <p>(Sec. 502) DOJ may award grants to state, local, and tribal governments to establish or expand programs for veterans, including veterans treatment courts, peer-to-peer services, and treatment, rehabilitation, legal, or transitional services for incarcerated veterans.</p> <p>(Sec. 503) This bill amends the Child Abuse Prevention and Treatment Act to require the national clearinghouse for information relating to child abuse to maintain and disseminate information about requirements and best practices relating to the development of plans of safe care for infants born affected by substance abuse symptoms, withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder.</p> <p>The plan of safe care for such infants that is required for a state to receive a grant to improve its child protective services system must: (1) address the health and substance use disorder treatment needs of the infant and affected family or caregiver, and (2) specify a system for monitoring whether and in what manner local entities are providing services in accordance with state requirements.</p> <p>Annual state data reports must include the number of such infants, the number for whom a plan of safe care was developed, and the number for whom referrals are made for services, including services for the affected family or caregiver.</p> <p>HHS must monitor state compliance with child protective services system grant requirements.</p> <p>(Sec. 504) The GAO must report on:</p> <ul> <li>the prevalence of neonatal abstinence syndrome (NAS), which is the symptoms of withdrawal in a newborn; </li> <li>NAS treatment services for which coverage is available under state Medicaid programs; </li> <li>the care settings and reimbursement for NAS treatment; </li> <li>the prevalence of use of various care settings for NAS treatment under state Medicaid programs; </li> <li>any federal barriers to treating infants with NAS under state Medicaid programs; </li> <li>what is known about best practices for treating infants with NAS; and</li> <li>its recommendations for improvements that will ensure access to NAS treatment under state Medicaid programs.</li> </ul> <p>TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS PRESCRIPTION OPIOID ABUSE</p> <p>(Sec. 601) HHS must award grants to establish and implement a comprehensive state and local response to opioid abuse that includes education efforts, a prescription drug monitoring program, prescription drug and opioid addiction treatment programs, and overdose death prevention efforts. HHS must give priority to entities that: (1) provide civil liability protection for first responders, health professionals, or family members who are trained in administering an opioid overdose treatment; (2) enroll incarcerated drug offenders in community-based treatment services prior to reentry; (3) ensure that data from their prescription drug monitoring program can be shared with other states and is regularly updated; and (4) maximize use of prescription drug monitoring programs and ensure programs notify prescribers and dispensers of suspected abuse of controlled substances by patients.</p> <p>TITLE VII--MISCELLANEOUS</p> <p>(Sec. 701) Each fiscal year, DOJ's Office of the Inspector General must audit a number of opioid abuse services grant recipients. Grant recipients with unresolved audit findings are not eligible to receive grant funds for two years. Nonprofit organizations that hold money in offshore accounts to avoid tax liability may not receive grant funds.</p> <p>DOJ and HHS must each enter into an arrangement with the National Academy of Sciences or a nonfederal entity to evaluate the effectiveness of grants pertaining to opioid abuse established by this bill. The bill limits expenditures for conferences under these grants.</p> <p>(Sec. 702) This bill amends the Controlled Substances Act to allow a pharmacist to partially fill a prescription for a schedule II controlled substance (such as an opioid) if: (1) such partial fills are not prohibited by state law, (2) a partial fill is requested by the patient or prescribing practitioner, and (3) the total quantity dispensed in partial fillings does not exceed the quantity prescribed. </p> <p>(Sec. 703) The GAO must report on the Office of National Drug Control Policy's review of state and local Good Samaritan laws that exempt from criminal or civil liability any individual who administers an opioid overdose reversal drug or device (e.g., naloxone) or who contacts emergency services providers in response to an overdose.</p> <p>(Sec. 704) This bill amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSAct) to authorize prescription drug plan (PDP) sponsors to establish a drug management program for beneficiaries at-risk for prescription drug abuse. PDP sponsors with drug management programs must provide to the Centers for Medicare and Medicaid Services (CMS) data on limitations imposed on beneficiaries and data to identify patterns of drug use that may indicate fraudulent, medically unnecessary, or unsafe use.</p> <p>PDP sponsors must have in place a utilization management tool designed to prevent the abuse and diversion of frequently abused drugs.</p> <p>Medicare drug integrity contractors (MEDICs) may accept an individual's prescription and necessary medical records from pharmacies, PDPs, and physicians in order to provide information relevant to determining whether the individual is an at-risk beneficiary.</p> <p>The Inspector General of HHS must study the effectiveness of MEDICs in identifying, combating, and preventing Medicare fraud.</p> <p>Funds are made available to the Medicare Improvement Fund for services provided during and after FY2021.</p> <p>(Sec. 705) This bill amends title XIX (Medicaid) of the SSAct to exclude abuse-deterrent prescription drugs from the requirement that manufacturers of single-source or innovator drugs pay additional rebates to state Medicaid programs.</p> <p>(Sec. 706) Under current law, the CMS must use analytic technologies to identify improper Medicaid claims. The bill prohibits a state agency from using or disclosing such technologies except for purposes of administering a state Medicaid program or Children's Health Insurance Program (CHIP). State agencies must have adequate data security and control policies to ensure that access to such information is restricted to authorized persons for authorized uses.</p> <p>(Sec. 707) The bill places $5 million in the Medicaid Improvement Fund to be available beginning in FY2021.</p> <p>TITLE VIII--KINGPIN DESIGNATION IMPROVEMENT</p> <p>(Sec. 801) This bill amends the Foreign Narcotics Kingpin Designation Act to allow classified information to be submitted to a reviewing court ex parte (without all parties present) or in camera (in private) in a judicial review of a determination by the President that a foreign person is subject to sanctions as a significant foreign narcotics trafficker.</p> <p>TITLE IX--DEPARTMENT OF VETERANS AFFAIRS</p> <p><i>Jason Simcakoski Memorial and Promise Act</i></p> <p>Subtitle A--Opioid Therapy and Pain Management</p> <p>(Sec. 911) This bill directs the Department of Veterans Affairs (VA) to expand its Opioid Safety Initiative to include all VA medical facilities. </p> <p>The VA must direct its health care providers, before initiating opioid therapy, to use the VA's Opioid Therapy Risk Report tool, which must include: (1) information from state prescription drug monitoring programs, (2) a patient's most recent information, and (3) information on controlled substances prescribed to a patient outside the VA.</p> <p>The VA must establish enhanced standards for urine drug tests before and during opioid therapy to help prevent substance abuse, dependence, and diversion. </p> <p>The VA must use the Interdisciplinary Chronic Pain Management Training Team Program to provide education and training on pain management and safe opioid prescribing practices.</p> <p> Each VA medical facility must designate a pain management team of health care professionals to coordinate pain management therapy for patients experiencing pain that is not related to cancer. </p> <p>VA health care providers to must provide information on prescriptions of controlled substances received by veterans to state prescription drug monitoring programs. </p> <p>The VA must: (1) maximize the availability to veterans of opioid overdose reversal drugs, such as naloxone; (2) equip each VA pharmacy with such medications for outpatient use; and (3) expand the Overdose Education and Naloxone Distribution program to ensure that veterans receiving VA health care who are at risk of opioid overdose may access such drugs and training on the proper administration of such drugs. </p> <p>The VA must modify its patient record system to ensure that health care providers who access a veteran's record will be immediately notified about whether the veteran is receiving opioid therapy, has a history of substance use disorder or overdose, or is at risk of developing an opioid use disorder.</p> <p>(Sec. 912) The VA and the Department of Defense (DOD) must ensure that the VA/DOD Pain Management Working Group: (1) includes a focus on specified practices, (2) coordinates with other working groups, (3) consults with other federal agencies, and (4) and consults with the VA and DOD regarding proposed updates to the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain. </p> <p>The VA and DOD must update the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain.</p> <p>(Sec. 913) The GAO must report on the VA's Opioid Safety Initiative and the opioid prescribing practices of VA health care providers.</p> <p>The VA must report on opioid therapy and prescription rates for VA patients and notify Congress and investigate if a provider's or facility's prescription rate is inconsistent with safe care standards. </p> <p>(Sec. 914) The bill makes mandatory the disclosure by the VA of certain information to a state prescription drug monitoring program in order to prevent misuse of prescription medicines by a veteran or dependent.</p> <p>(Sec. 915) Veterans at high risk of an opioid overdose are exempt from paying a copayment to the VA for opioid overdose treatments. Veterans are exempt from paying a copayment to the VA for education on the use of such treatments.</p> <p>Subtitle B--Patient Advocacy</p> <p>(Sec. 921) At least once every 90 days, each VA medical facility must host a public meeting on improving health care furnished by the VA. Community-based VA outpatient clinics must host such meetings at least once every year.</p> <p>(Sec. 922) Not more than 90 days after enactment of this bill, the VA must display: (1) the purposes of the Patient Advocacy Program and patient advocate contact information at VA medical facilities, and (2) the rights and responsibilities of patients and family members at medical and residential facilities.</p> (Sec. 923) The GAO must report on the Patient Advocacy Program and include an assessment of staffing, staff training, and awareness and use of the program. <p>(Sec. 924) The Office of Patient Advocacy is established in the VA's Office of the Under Secretary for Health. The office must carry out the Patient Advocacy Program and ensure that patient advocates are trained and advocate on behalf of veterans receiving or seeking health care through the VA.</p> <p>Subtitle C--Complementary and Integrative Health</p> <p>(Sec. 931) The bill establishes the Creating Options for Veterans' Expedited Recovery Commission or the COVER Commission to examine the evidence-based therapy treatment model used by the VA for treating mental health conditions of veterans and the potential benefits of incorporating complementary and integrative treatments including music, acupuncture, yoga, meditation, and sports.</p> <p>Not more than 90 days after receiving a report from the commission with recommendations, the VA must submit a report that includes: (1) an action plan for implementing recommendations and a time frame for implementing complementary and integrative treatments, and (2) a justification for any determination that a recommendation is not appropriate or feasible and an alternative solution to improve the therapy model.</p> <p>(Sec. 932) The VA must develop a plan to expand the scope of its research and education on, and delivery and integration of, complementary and integrative health services.</p> <p>(Sec. 933) The VA must carry out a pilot program to assess the feasibility and advisability of using complementary and integrative health and wellness-based services by complementing the provision of pain management and related health care services with such services. In selecting the medical centers for this pilot program, the VA must give priority to centers where the prescription rate of opioids conflicts or is inconsistent with the standards of appropriate and safe care.</p> <p>Subtitle D--Fitness of Health Care Providers</p> <p>(Sec. 941) As part of the VA's hiring process for health care providers, the VA must require from each medical board that licensed the provider information on any violation of the license and any settlement agreement for a disciplinary charge relating to the provider's practice of medicine.</p> <p>(Sec. 942) The VA must provide information on any violation of a medical license by a VA health care provider to each medical board licensing that provider.</p> <p>(Sec. 943) Not later than 180 days after enactment of this bill, the VA must report on its compliance with its policy to review each health care provider who transfers, resigns, retires, or is terminated to determine whether there are any concerns, complaints, or allegations of violations relating to the medical practice of the provider and take appropriate action.</p> <p>Subtitle E--Other Matters</p> <p>(Sec. 951) This bill amends the Veterans Access, Choice, and Accountability Act of 2014 to reduce the aggregate amount of awards and bonuses that may be paid by the VA in each of FY2017-FY2021.</p>

tv_txt: II 114th CONGRESS 1st Session S. 524 IN THE SENATE OF THE UNITED STATES February 12, 2015 Mr. Whitehouse (for himself, Mr. Portman , Ms. Klobuchar , Ms. Ayotte , Mr. Coons , and Mr. Kirk ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use.

1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Addiction and Recovery Act of 2015 . (b) Table of contents The table of contents for 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 prescribing practices. Sec. 102. National education campaign. 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. Law enforcement naloxone training and implementation demonstration. Sec. 203. Prescription drug take back expansion. TITLE III—Treatment and recovery Sec. 301. Evidence-based 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. Revision of FAFSA form. Sec. 403. National Task Force on Recovery and Collateral Consequences. TITLE V—Addiction and treatment services for women, families, and veterans Sec. 501. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders. Sec. 502. Grants for family-based substance abuse treatment. Sec. 503. Veterans’ treatment courts. TITLE VI—Incentivizing State comprehensive initiatives to address opioid and heroin abuse Sec. 601. State demonstration grants for comprehensive opioid abuse response. TITLE VII—Offset; GAO report Sec. 701. Offset. Sec. 702. GAO report on IMD exclusion. 2. Findings Congress finds the following: (1) The abuse of heroin and prescription painkillers is having a devastating effect on public health and safety in communities across the United States. According to the Centers for Disease Control and Prevention, drug overdose deaths now surpass traffic crashes in the number of deaths caused by injury in the United States. In 2011, an average of about 110 people in the United States died from drug overdose every day. (2) Law enforcement officials and treatment experts throughout the country report that many prescription opioid users have turned to heroin as a cheaper or more easily obtained alternative to prescription drugs. (3) Opioid pain relievers are the most widely misused or abused controlled prescription drugs (commonly referred to as CPDs ) and are involved in most CPD-related overdose incidents. According to the Drug Abuse Warning Network (commonly known as DAWN ), the estimated number of emergency department visits involving nonmedical use of prescription opiates or opioids increased by 112 percent between 2006 and 2010, from 84,671 to 179,787. (4) According to a report by the National Association of State Alcohol and Drug Abuse Directors (commonly referred to as NASADAD ), 37 States reported an increase in admissions to treatment for heroin use during the past 2 years, while admissions to treatment for prescription opiates increased 500 percent from 2000 to 2012. (5) Substance use disorders are a treatable disease. Discoveries in the science of addiction have led to advances in the treatment of substance use disorders that help people stop abusing drugs and prescription medications and resume their productive lives. (6) According to the National Survey on Drug Use and Health, approximately 22,700,000 people in the United States needed substance use disorder treatment in 2013, but only 2,500,000 people received it. Furthermore, current treatment services are not adequate to meet demand. According to a report commissioned by SAMHSA, there are approximately 32 providers for every 1,000 individuals needing substance use disorder treatment. In some States, the ratio is much lower. (7) Effective substance abuse prevention can yield major economic dividends. (8) According to the National Institute on Drug Abuse, when schools and communities properly implement science-validated substance abuse prevention programs, abuse of alcohol, tobacco, and illicit drugs is reduced. Such programs help teachers, parents, and healthcare professionals shape the perceptions of youths about the risks of drug abuse. (9) Diverting individuals with substance use disorders from criminal justice systems into community-based treatment can save billions of dollars and prevent sizeable numbers of crimes, arrests, and re-incarcerations over the course of those individuals’ lives. (10) According to the Drug Enforcement Agency, more than 1,700 tons of expired, unwanted prescription medications have been collected during the past 3 1/2 years, following the enactment of the Secure and Responsible Drug Disposal Act of 2010 ( Public Law 111–273 ; 124 Stat. 2858). (11) Research shows that combining treatment medications with behavioral therapy is the best way to facilitate success for most patients. Treatment approaches must be tailored to address the drug abuse patterns and drug-related medical, psychiatric, and social problems of each individual. Different types of medications may be useful at different stages of treatment or recovery to help a patient stop using drugs, stay in treatment, and avoid relapse. (12) Research indicates that combating the opioid crisis, including abuse of prescription painkillers and, increasingly, heroin, requires a multi-pronged approach that involves reducing drug diversion, expanding delivery of existing treatments (including medication assisted treatments), expanding access to overdose medications and interventions, and the development of new medications for pain that can augment the existing treatment arsenal. (13) Individuals with mental illness, especially severe mental illness, are at considerably higher risk for substance abuse than the general population, and the presence of a mental illness complicates recovery from substance abuse. 3. Definitions In this Act— (1) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies; (2) the term ONDCP Recovery Branch means the Recovery Branch of the Office of National Drug Control Policy; (3) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and (4) the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. I Prevention and education 101. Development of best prescribing practices (a) Inter-Agency 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, and the Administrator of the Drug Enforcement Administration, shall convene a Pain Management Best Practices Inter-Agency Task Force (referred to in this section as the task force ). (b) Membership The task force shall be comprised of— (1) representatives of— (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Department of Defense; (D) the Drug Enforcement Administration; (E) the Centers for Disease Control and Prevention; (F) the Institute of Medicine; and (G) the Office of National Drug Control Policy; (2) the Director of the National Institutes of Health; (3) physicians, dentists, and non-physician prescribers; (4) pharmacists; (5) experts in the fields of pain research and addiction research; (6) representatives of— (A) pain management professional organizations; (B) the mental health treatment community; (C) the addiction treatment community; (D) pain advocacy groups; and (E) groups with expertise around overdose reversal; and (7) other stakeholders, as the Secretary determines appropriate. (c) Duties The task force shall— (1) not later than 180 days after the date on which the task force is convened under subsection (a), develop best practices for pain management (including chronic and acute pain) and prescribing pain medication, taking into consideration— (A) existing pain management research; (B) recommendations from relevant conferences; (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies; and (D) the management of high-risk populations, other than populations who suffer pain, who— (i) may use or be prescribed benzodiazepines, alcohol, and diverted opioids; or (ii) receive opioids in the course of medical care; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; and (3) develop a strategy for disseminating information about the best practices developed under paragraphs (1) and (2) to prescribers, health professionals, pharmacists, State medical boards, and other parties, as the Secretary determines appropriate. (d) Limitation The task force shall not have rulemaking authority. (e) Report Not later than 270 days after the date on which the task force is convened under subsection (a), the task force shall submit to Congress a report that includes— (1) the strategy for disseminating best practices developed under subsection (c); (2) the results of a feasibility study on linking best practices developed under subsection (c) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) ); and (3) recommendations on how to apply best practices developed under subsection (c) to improve prescribing practices at medical facilities, including medical facilities of the Veterans Health Administration. 102. National education campaign 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 the following: MM Drug treatment grants 3031. Definitions In this part— (1) the term civil liability protection law means a State law that protects from civil liability individuals who give aid on a voluntary basis in an emergency to individuals who are ill, in peril, or otherwise incapacitated; (2) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies; (3) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and (4) the term Single State Authority for Substance Abuse has the meaning given the term in section 201(e) of the Second Chance Act of 2007 ( 42 U.S.C. 17521(e) ). 3032. National education campaign (a) Definitions In this section— (1) the term eligible entity means a State, unit of local government, or nonprofit organization; and (2) the terms elementary school and secondary school have the meaning given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (b) Program authorized The Attorney General, in coordination with the Secretary of Health and Human Services, the Director of the Office of National Drug Control Policy, the Secretary of Education, the Administrator of the Substance Abuse and Mental Health Services Administration, and the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to expand educational efforts to prevent abuse of opioids, heroin, and other substances of abuse, understand addiction as a chronic disease, and promote treatment and recovery, including— (1) parent and caretaker-focused prevention efforts, including— (A) the development of research-based community education online and social media materials with an accompanying toolkit that can be disseminated to communities to educate parents and other caretakers of teens on— (i) how to educate teens about opioid and heroin abuse; (ii) how to intervene if a parent thinks or knows their teen is abusing opioids or heroin; (iii) signs of opioid or heroin overdose; and (iv) the use of naloxone to prevent death from opioid or heroin overdose; (B) the development of detailed digital and print educational materials to accompany the online and social media materials and toolkit described in subparagraph (A); (C) the development and dissemination of public service announcements to— (i) raise awareness of heroin and opioid abuse among parents and other caretakers; (ii) motivate parents and other caretakers to visit online educational materials on heroin and opioid abuse; and (iii) provide information for public health agencies and nonprofit organizations that provide overdose reversal and prevention services and community referrals; and (D) the dissemination of educational materials to the media through— (i) a town hall or panel discussion with experts; (ii) a press release; (iii) an online news release; (iv) a media tour; and (v) sharable infographics; (2) prevention efforts focused on teenagers, young adults, and college students, including the development of— (A) a national digital campaign; (B) a community education toolkit for use by community coalitions; (C) evidence-based resources for prevention and treatment professionals targeting individuals who are between 18 and 24 years of age, including college students; and (D) technical support centers for prevention and treatment professionals, elementary and secondary school-based professionals, and college-based professionals, including recovery staff, to implement and sustain evidence-based educational and prevention programs; (3) campaigns to inform individuals about available resources to aid in recovery from substance use disorder; (4) encouragement of individuals in or seeking recovery from substance use disorder to enter the health care system; or (5) adult-focused awareness efforts, including efforts focused on older adults, relating to prescription medication disposal, opioid and heroin abuse, signs of overdose, and the use of naloxone for reversal. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section; (B) specifically explain how the measurements described in subparagraph (A) will provide valid measures of the impact of the program described in subparagraph (A); (C) describe how the program described in subparagraph (A) could be broadly replicated if demonstrated to be effective; (D) demonstrate that all planned services will be research-informed, which may include evidence-based practices documented in— (i) the report of the Institute of Medicine entitled Preventing Mental, Emotional, and Behavioral Disorders Among Young People ; or (ii) the National Registry of Effective Programs and Practices (commonly referred to as NREPP ) of the Substance Abuse and Mental Health Administration; and (E) demonstrate that the eligible entity will effectively integrate and sustain the program described in subparagraph (A) into curriculum or community outreach efforts. (d) Use of funds A grantee shall use a grant received under this section for expenses of educational efforts to— (1) prevent abuse of opioids, heroin, alcohol, and other drugs; or (2) promote treatment and recovery. (e) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Priority consideration with respect to States In awarding grants to States under this section, the Attorney General shall give priority to a State that provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— (1) enacting legislation that provides such civil liability protection; or (2) providing a certification by the attorney general of the State that the attorney general has— (A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (g) Information sharing The Office of the Attorney General, in coordination with the Substance Abuse and Mental Health Services Administration and the Department of Education, shall review existing evidence-based programs and emerging practices and programs and provide information to schools and communities about such programs and practices. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020. . 103. Community-based coalition enhancement grants to address local drug crises Part MM of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 102, is amended by adding at the end the following: 3033. Community-based coalition enhancement grants to address local drug crises (a) Definitions In this section— (1) the term Drug-Free Communities Act of 1997 means chapter 2 of the National Narcotics Leadership Act of 1988 ( 21 U.S.C. 1521 et seq. ); (2) the term eligible entity means an organization that— (A) on or before the date of submitting an application for a grant under this section, receives or has received a grant under the Drug-Free Communities Act of 1997; and (B) has documented, using local data, rates of abuse of opioids at levels that are— (i) significantly higher than the national average as determined by the Attorney General (including appropriate consideration of the Monitoring the Future Survey published by the National Institute on Drug Abuse and the National Survey on Drug Use and Health by the Substance Abuse and Mental Health Service Administration); or (ii) higher than the national average, as determined by the Attorney General (including appropriate consideration of the surveys described in clause (i)), over a sustained period of time; and (3) the term local drug crisis means, with respect to the area served by an eligible entity— (A) a sudden increase in the abuse of opioids, as documented by local data; or (B) the abuse of prescription medications, specifically opioids, that is significantly higher than the national average, over a sustained period of time, as documented by local data. (b) Program authorized The Attorney General, in coordination with the Director, may make grants to eligible entities to implement comprehensive 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 manner, 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 eligible entity. (d) Use of funds An eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); and (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note). (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 shall award grants under this section for a period not to exceed 4 years. (f) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the 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 section, and not to supplant those funds. (g) Evaluation A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed 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 pursuant to subsection (i) for a fiscal year may be used by the Attorney General to pay for administrative expenses. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . II Law enforcement and treatment 201. Treatment alternative to incarceration programs Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 103, is amended by adding at the end the following: 3034. Treatment alternative to incarceration programs (a) Definitions In this section— (1) the term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization; and (2) the term eligible participant means an individual who— (A) comes into 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 disorders; and (C) has been approved for participation in a program funded under this section by, as applicable depending on the stage of the criminal justice process, the relevant law enforcement agency or prosecuting attorney, defense attorney, probation or corrections official, judge, or representative from the relevant mental health or substance abuse agency. (b) Program authorized The Attorney General may make grants to eligible entities to develop, implement, or expand a treatment alternative to incarceration program for eligible participants, including— (1) pre-booking treatment alternative to incarceration programs, including— (A) law enforcement training on substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; (B) receiving centers as alternatives to incarceration of eligible participants; (C) 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 treatment alternative to incarceration models; and (2) post-booking treatment alternative to incarceration programs, including— (A) specialized clinical case management; (B) pre-trial services related to substances use disorders, mental illness, and co-occurring mental illness and substance use disorders; (C) prosecutor and defender based programs; (D) specialized probation; (E) programs utilizing the American Society of Addiction Medicine patient placement criteria; (F) treatment and rehabilitation programs and recovery support services; and (G) drug courts, DWI courts, and veterans treatment courts. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) provide extensive evidence of collaboration with State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies; (B) demonstrate consultation with the Single State Authority for Substance Abuse; (C) demonstrate that evidence-based treatment practices will be utilized; and (D) demonstrate that evidenced-based screening and assessment tools will be utilized to place participants in the treatment alternative to incarceration program. (d) Requirements Each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall— (1) determine the terms and conditions of participation in the program by eligible participants, taking into consideration the collateral consequences of an arrest, prosecution, or criminal conviction; (2) ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction; (3) for programs described in subsection (b)(2), organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the State, tribal, or local criminal justice agency involved, the duties of which shall include— (A) the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program; and (B) if necessary, the location, apprehension, 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 otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; (5) submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible offender participating in the program to the relevant State, tribal, or local criminal justice agency; (6) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program, and specifically explain how such measurements will provide valid measures of the impact of the program; and (7) describe how the program could be broadly replicated if demonstrated to be effective. (e) Use of funds An eligible entity shall use a grant received under this section for expenses of a treatment 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 treatment to eligible offenders participating in the program, 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 jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment and mental health treatment to eligible offenders participating in the program. (f) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the 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 section, and not to supplant those funds. (g) Geographic distribution The Attorney General shall ensure that, to the extent practicable, the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in— (1) each State; (2) rural, suburban, and urban areas; and (3) tribal jurisdictions. (h) Priority consideration with respect to States In awarding grants to States under this section, the Attorney General shall give priority to a State that provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— (1) enacting legislation that provides such civil liability protection; or (2) providing a certification by the attorney general of the State that the attorney general has— (A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (i) Reports and evaluations (1) In general Each fiscal year, each recipient of a grant under this section during that fiscal year shall submit to the Attorney General a report on the outcomes of activities carried out using that grant in such form, containing such information, and on such dates as the Attorney General shall specify. (2) Contents A report submitted under paragraph (1) shall— (A) describe best practices for treatment alternatives; and (B) identify training requirements for law enforcement officers who participate in treatment alternative to incarceration programs. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . 202. Law enforcement naloxone training and implementation demonstration Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 201, is amended by adding at the end the following: 3035. Law enforcement naloxone training and implementation demonstration (a) Definition In this section, the term eligible entity means a State, local, or tribal law enforcement agency. (b) Program authorized The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to create a demonstration law enforcement program to prevent opioid and heroin overdose death. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; (C) identify the governmental and community agencies that the program will coordinate; and (D) describe how law enforcement agencies will coordinate with their corresponding State substance abuse and mental health agencies to identify protocols and resources that are available to victims and families, including information on treatment and recovery resources. (d) Use of funds An eligible entity shall use a grant received under this section to— (1) make naloxone available to be carried and administered by law enforcement officers; (2) train and provide resources for law enforcement officers on carrying and administering naloxone for the prevention of opioid and heroin overdose death; and (3) establish processes, protocols, and mechanisms for referral to treatment. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $500,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Technical assistance grants The Attorney General shall make a grant for the purpose of providing technical assistance and training on the use of naloxone to reverse overdose deaths and mechanisms for referral to treatment for an eligible entity receiving a grant under this section. (g) Evaluation The Attorney General shall conduct an evaluation of grants made under this section to determine— (1) the number of officers equipped with naloxone for the prevention of fatal opioid and heroin overdose; (2) the number of opioid and heroin overdoses reversed by officers receiving training and supplies of naloxone through a grant received under this section; (3) the number of calls for service related to opioid and heroin overdose; (4) the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions; and (5) the research, training, and naloxone supply needs of law enforcement and first responder agencies, including those agencies that are not receiving grants under this section. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . 203. Prescription drug take back expansion Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 202, is amended by adding at the end the following: 3036. Prescription drug take back expansion (a) Definition In this section, the term eligible entity means— (1) a State, local, or tribal law enforcement agency; (2) a manufacturer, distributor, or reverse distributor of prescription medications; (3) a retail pharmacy; (4) a registered narcotic treatment program; (5) a hospital or clinic with an on-site pharmacy; (6) an eligible long-term care facility; or (7) any other entity authorized by the Drug Enforcement Administration to dispose of prescription medications. (b) Program authorized The Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to expand or make available disposal sites for unwanted prescription medications. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; and (C) identify the governmental and community agencies that will coordinate the program. (d) Use of funds An eligible entity shall use a grant received under this section for— (1) expenses of a prescription drug disposal site, including materials and resources; (2) implementing disposal procedures and processes; (3) implementing community education strategies, including community education materials and resources; (4) replicating a prescription drug take back initiative throughout multiple jurisdictions; and (5) training of law enforcement officers and other community participants. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $250,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Technical assistance grant The Attorney General shall make a grant to a national nonprofit organization to provide technical assistance and training for an eligible entity receiving a grant under this section. (g) Evaluation (1) In general The Attorney General shall make a grant for evaluation of the performance of each eligible entity receiving a grant under this section. (2) Reports Each fiscal year, the recipient of a grant under this subsection shall submit to the Attorney General a report that evaluates— (A) the effectiveness of the prescription drug take back program of each eligible entity receiving a grant under this section; and (B) the effect of disposal efforts on drug circulation. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020. . III Treatment and recovery 301. Evidence-based opioid and heroin treatment and interventions demonstration Subpart 1 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb et seq. ) is amended— (1) by redesignating section 514 ( 42 U.S.C. 290bb–9 ), as added by section 3632 of the Methamphetamine Anti-Proliferation Act of 2000 ( Public Law 106–310 ; 114 Stat. 1236), as section 514B; and (2) by adding at the end the following: 514C. Evidence-based opioid and heroin treatment and interventions demonstration (a) Grants (1) Authority to make grants The Director of the Center for Substance Abuse Treatment (referred to in this section as the Director ) may award grants to State substance abuse agencies, units of local government, nonprofit organizations, and Indian tribes or tribal organizations (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) that have a high rate, or have had a rapid increase, in the use of heroin or other opioids, in order to permit such entities to expand activities, including an expansion in the availability of medication assisted treatment, with respect to the treatment of addiction in the specific geographical areas of such entities where there is a rate or rapid increase in the use of heroin or other opioids. (2) Recipients The entities receiving grants under paragraph (1) shall be selected by the Director. (3) Nature of activities The grant funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids. (b) Geographic distribution The Director shall ensure that grants awarded under subsection (a) are distributed equitably among the various regions of the Nation and among rural, urban, and suburban areas that are affected by the use of heroin or other opioids. (c) Additional activities The Director shall— (1) evaluate the activities supported by grants awarded under subsection (a); (2) disseminate widely such significant information derived from the evaluation as the Director considers appropriate; (3) provide States, Indian tribes and tribal organizations, and providers with technical assistance in connection with the provision of treatment of problems related to heroin and other opioids; and (4) fund only those applications that specifically support recovery services as a critical component of the grant program. (d) Definition The term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies. (e) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section $12,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2016 through 2020. (2) Use of certain funds Of the funds appropriated to carry out this section in any fiscal year, the lesser of 5 percent of such funds or $1,000,000 shall be available to the Director for purposes of carrying out subsection (c). . 302. Criminal justice medication assisted treatment and interventions demonstration Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 203, is amended by adding at the end the following: 3037. Criminal justice medication assisted treatment and interventions demonstration (a) Definitions In this section— (1) the term criminal justice agency means a State, local, or tribal— (A) court; (B) prison; (C) jail; or (D) other agency that performs the administration of criminal justice, including prosecution, pretrial services, and community supervision; and (2) the term eligible entity means a State, unit of local government, or Indian tribe. (b) Program authorized The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to implement medication assisted treatment programs through criminal justice agencies. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) certify that each medication assisted treatment program funded with a grant under this section has been developed in consultation with the Single State Authority for Substance Abuse; and (B) describe how data will be collected and analyzed to determine the effectiveness of the program described in subparagraph (A). (d) Use of funds An eligible entity shall use a grant received under this section for expenses of— (1) a medication assisted treatment program, including the expenses of prescribing medications recognized by the Food and Drug Administration for opioid treatment in conjunction with psychological and behavioral therapy; (2) training criminal justice agency personnel and treatment providers on medication assisted treatment; (3) cross-training personnel providing behavioral health and health services, administration of medicines, and other administrative expenses, including required reports; and (4) the provision of recovery coaches who are responsible for providing mentorship and transition plans to individuals reentering society following incarceration or alternatives to incarceration. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $750,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Priority consideration with respect to States In awarding grants to States under this section, the Attorney General shall give priority to a State that provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— (1) enacting legislation that provides such civil liability protection; or (2) providing a certification by the attorney general of the State that the attorney general has— (A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (g) Technical assistance The Attorney General, in coordination with the Director of the National Institute on Drug Abuse and the Secretary of Health and Human Services, shall provide technical assistance and training for an eligible entity receiving a grant under this section. (h) Reports (1) In general An eligible entity receiving a grant under this subsection shall submit a report to the Attorney General on the outcomes of each grant received under this section for individuals receiving medication assisted treatment, based on— (A) the recidivism of the individuals; (B) the treatment outcomes of the individuals, including maintaining abstinence from illegal, unauthorized, and unprescribed or undispensed opioids and heroin; (C) a comparison of the cost of providing medication assisted treatment to the cost of incarceration or other participation in the criminal justice system; (D) the housing status of the individuals; and (E) the employment status of the individuals. (2) Contents and timing Each report described in paragraph (1) shall be submitted annually in such form, containing such information, and on such dates as the Attorney General shall specify. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . 303. National youth recovery initiative (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a high school that has been accredited as a recovery high school by the Association of Recovery Schools; (B) an accredited high school that is seeking to establish or expand recovery support services; (C) an institution of higher education; (D) a recovery program at a nonprofit collegiate institution; or (E) a nonprofit organization. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (3) Recovery program The term recovery program — (A) means a program to help individuals who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and (B) includes peer-to-peer support and communal activities to build recovery skills and supportive social networks. (b) Grants authorized The ONDCP Recovery Branch, in consultation with the Secretary of Education, may award grants to eligible entities to enable the entities to— (1) provide substance use recovery support services to young people in high school and enrolled in institutions of higher education; (2) help build communities of support for young people in recovery through a spectrum of activities such as counseling and healthy and wellness-oriented social activities; and (3) encourage initiatives designed to help young people achieve and sustain recovery from substance use disorders. (c) Use of funds Grants awarded under subsection (b) may be used for activities to develop, support, and maintain youth recovery support services, including— (1) the development and maintenance of a dedicated physical space for recovery programs; (2) dedicated staff for the provision of recovery programs; (3) healthy and wellness-oriented social activities and community engagement; (4) establishment of recovery high schools; (5) coordination of recovery programs with— (A) substance use disorder treatment programs and systems; (B) providers of mental health services; (C) primary care providers; (D) the criminal justice system, including the juvenile justice system; (E) employers; (F) housing services; (G) child welfare services; (H) institutions of secondary higher education and institutions of higher education; and (I) other programs or services related to the welfare of an individual in recovery from a substance use disorder; (6) the development of peer-to-peer support programs or services; and (7) additional activities that help youths and young adults to achieve recovery from substance use disorders. (d) Resource center The ONDCP Recovery Branch shall establish a resource center to provide technical support to recipients of grants under this section. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2016 and each of the 5 succeeding fiscal years. 304. Building communities of recovery (a) Definition In this section, the term recovery community organization means an independent nonprofit organization that— (1) mobilizes resources within and outside of the recovery community to increase the prevalence and quality of long-term recovery from substance use disorders; and (2) is wholly or principally governed by people in recovery for substance use disorders who reflect the community served. (b) Grants authorized The ONDCP Recovery Branch, in consultation with the Substance Abuse and Mental Health Services Administration, may award grants to recovery community organizations to enable such organizations to develop, expand, and enhance recovery services. (c) Maximum grant amount The ONDCP Recovery Branch may not award a grant under this section in an amount that exceeds $200,000. (d) Federal share The Federal share of the costs of a program funded by a grant under this section may not exceed 50 percent. (e) Use of funds Grants awarded under subsection (b)— (1) shall be used to develop, expand, and enhance community and statewide recovery support services; and (2) may be used to— (A) advocate for individuals in recovery from substance use disorders; (B) build connections between recovery networks, between recovery community organizations, and with other recovery support services, including— (i) substance use disorder treatment programs and systems; (ii) providers of mental health services; (iii) primary care providers; (iv) the criminal justice system; (v) employers; (vi) housing services; (vii) child welfare agencies; and (viii) other recovery support services that facilitate recovery from substance use disorders; (C) reduce the stigma associated with substance use disorders; (D) conduct public education and outreach on issues relating to substance use disorders and recovery, including— (i) how to identify the signs of addiction; (ii) the resources that are available for individuals struggling with addiction; (iii) the resources that are available to help support individuals in recovery; and (iv) information on the medical consequences of substance use disorders, including neonatal abstinence syndrome and potential infection with human immunodeficiency virus and viral hepatitis; and (E) carry out other activities that strengthen the network of community support for individuals in recovery. (f) Resource center The ONDCP Recovery Branch shall establish a resource center to provide technical assistance to recipients of grants under this section and to provide information to individuals seeking to support people in recovery from substance use disorders. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,700,000 in fiscal year 2016 and each of the 3 succeeding fiscal years. IV Addressing collateral consequences 401. Correctional education demonstration grant program Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) is amended— (1) by redesignating part KK as part LL; (2) by redesignating sections 3011 and 3012 as sections 3021 and 3022, respectively; and (3) by inserting before part LL, as redesignated, the following: KK Correctional education demonstration grant program 3011. Correctional education demonstration grant program (a) Definition In this section, the term eligible entity means a State, unit of local government, nonprofit organization, or Indian tribe. (b) Grant program authorized The Attorney General may make grants of not more than $750,000 to eligible entities to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities, including to pay for— (1) basic education, secondary level academic education, high school equivalency examination preparation, career technical education, and English as a second language instruction at the basic, secondary, or post-secondary levels, for adult and juvenile populations; (2) screening and assessment of inmates to assess education level, needs, occupational interest or aptitude, risk level, and other needs, and case management services; (3) hiring and training of instructors and aides, reimbursement of non-corrections staff and experts, reimbursement of stipends paid to inmate tutors or aides, and the costs of training inmate tutors and aides; (4) instructional supplies and equipment, including occupational program supplies and equipment to the extent that the supplies and equipment are used for instructional purposes; (5) partnerships and agreements with community colleges, universities, and career technology education program providers, including tuition payments; (6) certification programs providing recognized high school equivalency certificates and industry recognized credentials; and (7) technology solutions to— (A) meet the instructional, assessment, and information needs of correctional populations; and (B) facilitate the continued participation of incarcerated students in community-based education programs after the students are released from incarceration. (c) Application An eligible entity desiring a grant under this section shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies. (d) Priority considerations In awarding grants under this section, the Attorney General shall give priority to applicants that— (1) assess the level of risk and need of inmates, including by— (A) assessing the need for English as a second language instruction; (B) conducting educational assessments; and (C) assessing occupational interests and aptitudes; (2) target educational services to assessed needs, including academic and occupational at the basic, secondary, or post-secondary level; (3) target career technology education programs to— (A) areas of identified occupational demand; and (B) employment opportunities in the communities in which students are reasonably expected to reside post-release; (4) include a range of appropriate educational opportunities at the basic, secondary, and post-secondary levels; (5) include opportunities for students to attain industry recognized credentials; (6) include partnership or articulation agreements linking institutional education programs with community sited programs provided by adult education program providers and accredited institutions of higher education, community colleges, and vocational training institutions; and (7) explicitly include career pathways models offering opportunities for incarcerated students to develop academic skills, in-demand occupational skills and credentials, occupational experience in institutional work programs or work release programs, and linkages with employers in the community, so that incarcerated students have opportunities to embark on careers with strong prospects for both post-release employment and advancement in a career ladder over time. (e) Requirements An eligible entity desiring a grant under this section shall— (1) describe the evidence-based methodology and outcome measurements that will be used to evaluate each program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; and (2) describe how the program described in paragraph (1) could be broadly replicated if demonstrated to be effective. (f) Control of internet access An entity that receives a grant under this section shall restrict access to the Internet by prisoners, as appropriate, to ensure public safety. 3012. Authorization of appropriations There are authorized to be appropriated $5,000,000 to carry out this part for fiscal years 2016 through 2020. . 402. Revision of FAFSA form Section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) is amended by adding at the end the following: (i) Convictions The Secretary shall not include any question about the conviction of an applicant for the possession or sale of illegal drugs on the FAFSA (or any other form developed under subsection (a)). . 403. National Task Force on Recovery and Collateral Consequences (a) Definition In this section, the term collateral consequence means a penalty, disability, or disadvantage— (1) imposed on an individual as a result of a criminal conviction but not as part of the judgment of the court that imposes the conviction; or (2) that an administrative agency, official, or civil court is authorized, but not required, to impose on an individual convicted of a felony, misdemeanor, or other criminal offense. (b) Establishment (1) In general Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish a bipartisan task force to be known as the Task Force on Recovery and Collateral Consequences (in this section referred to as the Task Force ). (2) Membership (A) Total number of members The Task Force shall include 10 members, who shall be appointed by the Secretary in accordance with subparagraphs (B) and (C). (B) Members of the task force The Task Force shall include— (i) members who have national recognition and significant expertise in areas such as health care, housing, employment, substance use disorder, mental health, law enforcement, and law; (ii) not fewer than 2 members— (I) who have personally experienced substance abuse or addiction and are in recovery; and (II) not fewer than 1 one of whom has benefited from medication assisted treatment; and (iii) to the extent practicable, members who formerly served as elected officials at the State and Federal levels. (C) Timing The Secretary shall appoint the members of the Task Force not later than 60 days after the date on which the Task Force is established under paragraph (1). (3) Chairperson The Task Force shall select a chairperson or co-chairpersons from among the members of the Task Force. (c) Duties of the task force (1) In general The Task Force shall— (A) identify collateral consequences for individuals with Federal or State drug convictions who are in recovery for substance use disorder; and (B) determine whether the collateral consequences identified under subparagraph (A) unnecessarily delay individuals in recovery from resuming their personal and professional activities. (2) Recommendations Not later than 180 days after the date of the first meeting of the Task Force, the Task Force shall develop recommendations for proposed legislative and regulatory changes to reduce and, to the extent practicable, eliminate the collateral consequences identified by the Task Force under paragraph (1). (3) Collection of information The Task Force shall hold hearings, require the testimony and attendance of witnesses, and secure information from any department or agency of the United States in performing the duties under paragraphs (1) and (2). (4) Report Not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall submit a report detailing the findings and recommendations of the Task Force to— (A) each relevant committee of Congress; (B) the head of each relevant department or agency of the United States; (C) the President; and (D) the Vice President. V Addiction and treatment services for women, families, and veterans 501. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 302, is amended by adding at the end the following: 3038. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders (a) Definitions In this section— (1) the term State criminal justice agency means the agency of the State responsible for administering criminal justice funds, including the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E; and (2) the term State substance abuse agency means the agency of the State responsible for the State prevention, treatment, and recovery system, including management of the Substance Abuse Prevention and Treatment Block Grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (b) Purpose and program authority (1) Grant authorization The Attorney General, in coordination with the Secretary of Health and Human Services, may award competitive grants jointly to a State substance abuse agency and a State criminal justice agency to address the use of opioids and heroin among pregnant and parenting female offenders in the State to promote public safety, public health, family permanence, and well-being. (2) Purposes and program authority A grant under this section shall be used to facilitate or enhance collaboration between the State criminal justice and State substance abuse systems in order to carry out programs to address the use of opioid and heroin abuse by pregnant and parenting female offenders. (c) Applications (1) In general A State substance abuse agency and State criminal justice agency desiring a grant under this section shall jointly submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (2) Contents (A) In general Each application for a grant under this section shall contain a plan to expand the services of the State for pregnant and parenting female offenders for the use of opioids, heroin, and other drugs, which shall be in accordance with regulations or guidelines established by the Attorney General, in consultation with the Secretary of Health and Human Services. (B) Plan A plan submitted under subparagraph (A) shall, at a minimum, include— (i) a description of how the applicants will work jointly to address the needs associated with the use of opioids or heroin by pregnant and parenting female offenders to promote family stability and permanence; (ii) a description of the nature and the extent of the problem of opioid and heroin use by pregnant and parenting female offenders in the State; (iii) a certification that the State has involved counties and other units of local government, when appropriate, in the development, expansion, modification, operation, or improvement of proposed programs to address the problems associated with opioid and heroin use; (iv) a certification that funds received under this section will be used to supplement, not supplant, other Federal, State, and local funds; and (v) a description of clinically appropriate practices and procedures to— (I) screen and assess pregnant and parenting female offenders for problems associated with opioids and heroin; (II) screen and assess pregnant and parenting female offenders demonstrating problems associated with opioids and heroin for co-occurring mental disorders; (III) provide clinically appropriate services, including medication assisted treatment, for female offenders and their children in the same location to promote family permanence and self-sufficiency; and (IV) provide for a process to enhance or ensure the abilities of the State criminal justice agency and State substance abuse agency to work together to reunite families when appropriate in the case where family treatment is not provided. (d) Period of grant; renewal (1) Period A grant under this section shall be for a period of 3 years. (2) Renewal A State substance abuse agency and a State criminal justice agency receiving a grant under this section may apply for and, after the end of the period of the first grant under this section, receive 1 additional grant under this section. (e) Performance accountability; reports (1) Reports A State substance abuse agency and a State criminal justice agency receiving a grant under this section shall jointly submit to the Attorney General a report on the activities carried out under the grant at the end of each fiscal year during the period of the grant. (2) Evaluation Not later than 1 year after the end of the period of a grant under this section, the Attorney General shall submit a report to each committee of Congress with jurisdiction of the program under this section that summarizes the reports of the recipients of the grant and provides recommendations, if any, for further legislative action. (f) Training and technical assistance The Attorney General shall support State substance abuse and State criminal justice agencies by developing, in consultation with State substance abuse and State criminal justice agencies, and offering a program of training and technical assistance to assist the agencies in developing programs and protocols— (1) to implement this section; and (2) for effectively working across the Federal and State criminal and substance abuse systems. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . 502. Grants for family-based substance abuse treatment Section 2925 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s–4 ) is amended— (1) by striking An entity and inserting (a) Entity Reports .—An entity ; and (2) by adding at the end the following: (b) Attorney general report on family-Based substance abuse treatment The Attorney General shall submit to Congress an annual report that describes the number of grants awarded under section 2921(1) and how such grants are used by the recipients for family-based substance abuse treatment programs that serve as alternatives to incarceration for custodial parents to receive treatment and services as a family. . 503. Veterans’ treatment courts Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended— (1) by redesignating subsection (i) as subsection (j); (2) by inserting after subsection (h) the following: (i) Assisting veterans (1) Definitions In this subsection: (A) Peer to peer services or programs The term peer to peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. (B) Qualified veteran The term qualified veteran means a preliminarily qualified offender who— (i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and (ii) (I) was discharged or released from such service under conditions other than dishonorable; or (II) was discharged or released from such service under dishonorable conditions, if the reason for that discharge or release, if known, is attributable to drug use. (C) Veterans treatment court program The term veterans treatment court program means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with— (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; and (iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits. (2) Veterans assistance program (A) In general The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand— (i) veterans treatment court programs; (ii) peer to peer services or programs for qualified veterans; (iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and (iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. (B) Priority In awarding grants under this subsection, the Attorney General shall give priority to applications that— (i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; (ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and (iii) propose interventions with empirical support to improve outcomes for qualified veterans. ; and (3) in subsection (j), as so redesignated— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: (2) Veterans treatment courts In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated to the Attorney General $5,000,000 for each of fiscal years 2016 through 2020 to carry out subsection (i). . VI Incentivizing State comprehensive initiatives to address opioid and heroin abuse 601. State demonstration grants for comprehensive opioid abuse response Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 501, is amended by adding at the end the following: 3039. State demonstration grants for comprehensive opioid abuse response (a) Definitions In this section— (1) the term dispenser has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); (2) the term prescriber of a schedule II, III, or IV controlled substance does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance— (A) for use on the premises on which the substance is dispensed; (B) in a hospital emergency room, when the substance is in short supply; (C) for a certified opioid treatment program; or (D) in other situations as the Attorney General may reasonably determine; (3) the term prescriber means a dispenser who prescribes a controlled substance, or the agent of such a dispenser; and (4) the term schedule II, III, or IV controlled substance means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (b) Planning and implementation grants (1) In general The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may award grants to States, and combinations thereof, to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative. (2) Purposes A State receiving a grant under this section shall establish a comprehensive response to opioid abuse, which shall include— (A) prevention and education efforts around heroin and opioid use, treatment, and recovery; (B) a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which shall include— (i) data sharing with other States by statute, regulation, or interstate agreement; and (ii) educating physicians, residents, medical students, and other prescribers of Schedule II, III, or IV controlled substances on the prescription drug monitoring program of the State; (C) developing, implementing, or expanding the prescription drug and opioid addiction treatment program of the State by— (i) expanding programs for medication assisted treatment of prescription drug and opioid addiction, including training for treatment and recovery support providers; (ii) developing, implementing, or expanding programs for behavioral health therapy for individuals who are in treatment for prescription drug and opioid addiction, including contingency management, cognitive behavioral therapy, and motivational enhancements; (iii) developing, implementing, or expanding programs to screen individuals who are in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and provide treatment for those individuals if clinically appropriate; or (iv) developing, implementing, or expanding programs that provide screening, early intervention, and referral to treatment (commonly referred to as SBIRT ) to teenagers and young adults in primary care, middle schools, high schools, universities, school-based health centers, and other community-based health care settings frequently accessed by teenagers or young adults; and (D) developing, implementing, and expanding programs to prevent overdose death of prescription medications and opioids. (3) Planning grant applications (A) Application (i) In general A State desiring a planning grant under this section to prepare a comprehensive plan for an integrated opioid abuse response initiative shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (ii) Requirements An application for a planning grant under this section shall, at a minimum, include— (I) a budget and a budget justification for the activities to be carried out using the grant; (II) a description of the activities proposed to be carried out using the grant, including a schedule for completion of such activities; (III) outcome measures that will be used to measure the effectiveness of the programs and initiatives to address opioids; and (IV) a description of the personnel necessary to complete such activities. (B) Period; nonrenewability A planning grant under this section shall be for a period of 1 year. A State may not receive more than 1 planning grant under this section. (C) Amount A planning grant under this section may not exceed $100,000, except that the Attorney General may, for good cause, approve a grant in a higher amount. (D) Strategic plan and program implementation plan A State receiving a planning grant under this section shall develop a strategic plan and a program implementation plan. (4) Implementation grants (A) Application A State desiring an implementation grant under this section to implement a comprehensive strategy for addressing opioid abuse shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (B) Use of funds A State that receives an implementation grant under this section shall use the grant for the cost of carrying out an integrated opioid abuse response program in accordance with this section, including for technical assistance, training, and administrative expenses. (C) Requirements An integrated opioid abuse response program carried out using an implementation grant under this section shall— (i) ensure that each prescriber of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; and (II) consults the prescription drug monitoring program database of the State before prescribing a schedule II, III, or IV controlled substance; (ii) ensure that each dispenser of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; (II) consults the prescription drug monitoring program database of the State before dispensing a schedule II, III, or IV controlled substance; and (III) reports to the prescription drug monitoring program of the State, at a minimum, each instance in which a schedule II, III, or IV controlled substance is dispensed, with limited exceptions, as defined by the State, which shall indicate the prescriber by name and National Provider Identifier; (iii) require that, not fewer than 4 times each year, the State agency or agencies that administer the prescription drug monitoring program of the State prepare and provide to each prescriber of a schedule II, III, or IV controlled substance an informational report that shows how the prescribing patterns of the prescriber compare to prescribing practices of the peers of the prescriber and expected norms; (iv) if informational reports provided to a prescriber under clause (iii) indicate that the prescriber is repeatedly falling outside of expected norms or standard practices for the prescriber's field, direct the prescriber to educational resources on appropriate prescribing of controlled substances; (v) ensure that the prescriber licensing board of the State receives a report describing any prescribers that repeatedly fall outside of expected norms or standard practices for the prescriber's field, as described in clause (iii); (vi) require consultation with the Single State Authority for Substance Abuse; and (vii) establish requirements for how data will be collected and analyzed to determine the effectiveness of the program. (D) Period An implementation grant under this section shall be for a period of 2 years. (E) Amount The amount of an implementation grant under this section may not exceed $5,000,000 except that the Attorney General may, for good cause, approve a grant in a higher amount. (5) Priority considerations In awarding planning and implementation grants under this section, the Attorney General shall give priority to a State that— (A) provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— (i) enacting legislation that provides such civil liability protection; or (ii) providing a certification by the attorney general of the State that the attorney general has— (I) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons; (B) have in effect legislation or implement a policy under which the State shall not terminate, but may suspend, enrollment under the State plan for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for an individual who is incarcerated for a period of fewer than 2 years; (C) have a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration; (D) ensures the capability of data sharing with other States, such as by making data available to a prescription monitoring hub; (E) ensures that data recorded in the prescription drug monitoring program database of the State is available within 24 hours, to the extent possible; and (F) ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2016 through 2020. . VII Offset; GAO report 701. Offset It is the sense of Congress that the amounts expended to carry out this Act and the amendments made by this Act should be offset by a corresponding reduction in Federal non-defense discretionary spending. 702. GAO report on IMD exclusion (a) Definition In this section, the term Medicaid Institutions for Mental Disease exclusion means the prohibition on Federal matching payments under Medicaid for patients who have attained age 22, but have not attained age 65, in an institution for mental diseases under subparagraph (B) of the matter following subsection (a) of section 1905 of the Social Security Act and subsection (i) of such section ( 42 U.S.C. 1396d ). (b) Report required Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the impact that the Medicaid Institutions for Mental Disease exclusion has on access to treatment for individuals with a substance use disorder. (c) Elements The report required under subsection (b) shall include the following: (1) An analysis of whether the following policy changes to the Medicaid Institutions for Mental Disease exclusion would enhance access to treatment for individuals with a substance use disorder: (A) Removing substance use disorder treatment and facilities from the Medicaid Institutions for Mental Disease exclusion. (B) Amending section 1905(i) of the Social Security Act ( 42 U.S.C. 1396d(i) ) to modestly raise the 16-bed limit in the definition of an institution for mental diseases under that section. (C) Repealing the Medicaid Institutions for Mental Disease exclusion. (2) An analysis of whether and to what extent the quality of care for substance use disorder treatment is impacted by the Medicaid Institutions for Mental Disease exclusion. (3) An analysis of barriers in accessing State-specific information related to the impact of the Medicaid Institutions for Mental Disease exclusion on access to treatment. (4) An analysis of the difference in cost between treatment for a substance use disorder in a hospital setting compared to a community-based care setting. (5) An analysis of the characteristics of institutions for mental diseases (as defined in section 1905(i) of the Social Security Act ( 42 U.S.C. 1396d(i) )), including the patient capacity of such institutions as well as the type of care setting, among other characteristics.

tv_txt: II Calendar No. 369 114th CONGRESS 2d Session S. 524 IN THE SENATE OF THE UNITED STATES February 12, 2015 Mr. Whitehouse (for himself, Mr. Portman , Ms. Klobuchar , Ms. Ayotte , Mr. Coons , Mr. Kirk , Mr. Nelson , Ms. Warren , Mr. Franken , Mrs. Feinstein , Mr. Schumer , Mrs. Gillibrand , Ms. Collins , Mr. Hatch , Mr. Graham , Ms. Baldwin , Mr. Menendez , Mrs. Shaheen , Mr. King , Mr. Manchin , Mr. Blumenthal , Mr. Leahy , Mrs. Capito , Mr. Donnelly , Mr. Sullivan , Mr. Heinrich , Mr. Tester , Mr. Rubio , Mr. Udall , Mr. Durbin , Mr. Grassley , Mr. Cornyn , and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary February 22, 2016 Reported by Mr. Grassley , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use.

1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Addiction and Recovery Act of 2015 . (b) Table of contents The table of contents for 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 prescribing practices. Sec. 102. National education campaign. 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. Law enforcement naloxone training and implementation demonstration. Sec. 203. Prescription drug take back expansion. TITLE III—Treatment and recovery Sec. 301. Evidence-based 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. Revision of FAFSA form. Sec. 403. National Task Force on Recovery and Collateral Consequences. TITLE V—Addiction and treatment services for women, families, and veterans Sec. 501. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders. Sec. 502. Grants for family-based substance abuse treatment. Sec. 503. Veterans’ treatment courts. TITLE VI—Incentivizing State comprehensive initiatives to address opioid and heroin abuse Sec. 601. State demonstration grants for comprehensive opioid abuse response. TITLE VII—Offset; GAO report Sec. 701. Offset. Sec. 702. GAO report on IMD exclusion. 2. Findings Congress finds the following: (1) The abuse of heroin and prescription painkillers is having a devastating effect on public health and safety in communities across the United States. According to the Centers for Disease Control and Prevention, drug overdose deaths now surpass traffic crashes in the number of deaths caused by injury in the United States. In 2011, an average of about 110 people in the United States died from drug overdose every day. (2) Law enforcement officials and treatment experts throughout the country report that many prescription opioid users have turned to heroin as a cheaper or more easily obtained alternative to prescription drugs. (3) Opioid pain relievers are the most widely misused or abused controlled prescription drugs (commonly referred to as CPDs ) and are involved in most CPD-related overdose incidents. According to the Drug Abuse Warning Network (commonly known as DAWN ), the estimated number of emergency department visits involving nonmedical use of prescription opiates or opioids increased by 112 percent between 2006 and 2010, from 84,671 to 179,787. (4) According to a report by the National Association of State Alcohol and Drug Abuse Directors (commonly referred to as NASADAD ), 37 States reported an increase in admissions to treatment for heroin use during the past 2 years, while admissions to treatment for prescription opiates increased 500 percent from 2000 to 2012. (5) Substance use disorders are a treatable disease. Discoveries in the science of addiction have led to advances in the treatment of substance use disorders that help people stop abusing drugs and prescription medications and resume their productive lives. (6) According to the National Survey on Drug Use and Health, approximately 22,700,000 people in the United States needed substance use disorder treatment in 2013, but only 2,500,000 people received it. Furthermore, current treatment services are not adequate to meet demand. According to a report commissioned by SAMHSA, there are approximately 32 providers for every 1,000 individuals needing substance use disorder treatment. In some States, the ratio is much lower. (7) Effective substance abuse prevention can yield major economic dividends. (8) According to the National Institute on Drug Abuse, when schools and communities properly implement science-validated substance abuse prevention programs, abuse of alcohol, tobacco, and illicit drugs is reduced. Such programs help teachers, parents, and healthcare professionals shape the perceptions of youths about the risks of drug abuse. (9) Diverting individuals with substance use disorders from criminal justice systems into community-based treatment can save billions of dollars and prevent sizeable numbers of crimes, arrests, and re-incarcerations over the course of those individuals’ lives. (10) According to the Drug Enforcement Agency, more than 1,700 tons of expired, unwanted prescription medications have been collected during the past 3 1/2 years, following the enactment of the Secure and Responsible Drug Disposal Act of 2010 ( Public Law 111–273 ; 124 Stat. 2858). (11) Research shows that combining treatment medications with behavioral therapy is the best way to facilitate success for most patients. Treatment approaches must be tailored to address the drug abuse patterns and drug-related medical, psychiatric, and social problems of each individual. Different types of medications may be useful at different stages of treatment or recovery to help a patient stop using drugs, stay in treatment, and avoid relapse. (12) Research indicates that combating the opioid crisis, including abuse of prescription painkillers and, increasingly, heroin, requires a multi-pronged approach that involves reducing drug diversion, expanding delivery of existing treatments (including medication assisted treatments), expanding access to overdose medications and interventions, and the development of new medications for pain that can augment the existing treatment arsenal. (13) Individuals with mental illness, especially severe mental illness, are at considerably higher risk for substance abuse than the general population, and the presence of a mental illness complicates recovery from substance abuse. 3. Definitions In this Act— (1) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies; (2) the term ONDCP Recovery Branch means the Recovery Branch of the Office of National Drug Control Policy; (3) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and (4) the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. I Prevention and education 101. Development of best prescribing practices (a) Inter-Agency 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, and the Administrator of the Drug Enforcement Administration, shall convene a Pain Management Best Practices Inter-Agency Task Force (referred to in this section as the task force ). (b) Membership The task force shall be comprised of— (1) representatives of— (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Department of Defense; (D) the Drug Enforcement Administration; (E) the Centers for Disease Control and Prevention; (F) the Institute of Medicine; and (G) the Office of National Drug Control Policy; (2) the Director of the National Institutes of Health; (3) physicians, dentists, and non-physician prescribers; (4) pharmacists; (5) experts in the fields of pain research and addiction research; (6) representatives of— (A) pain management professional organizations; (B) the mental health treatment community; (C) the addiction treatment community; (D) pain advocacy groups; and (E) groups with expertise around overdose reversal; and (7) other stakeholders, as the Secretary determines appropriate. (c) Duties The task force shall— (1) not later than 180 days after the date on which the task force is convened under subsection (a), develop best practices for pain management (including chronic and acute pain) and prescribing pain medication, taking into consideration— (A) existing pain management research; (B) recommendations from relevant conferences; (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies; and (D) the management of high-risk populations, other than populations who suffer pain, who— (i) may use or be prescribed benzodiazepines, alcohol, and diverted opioids; or (ii) receive opioids in the course of medical care; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; and (3) develop a strategy for disseminating information about the best practices developed under paragraphs (1) and (2) to prescribers, health professionals, pharmacists, State medical boards, and other parties, as the Secretary determines appropriate. (d) Limitation The task force shall not have rulemaking authority. (e) Report Not later than 270 days after the date on which the task force is convened under subsection (a), the task force shall submit to Congress a report that includes— (1) the strategy for disseminating best practices developed under subsection (c); (2) the results of a feasibility study on linking best practices developed under subsection (c) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) ); and (3) recommendations on how to apply best practices developed under subsection (c) to improve prescribing practices at medical facilities, including medical facilities of the Veterans Health Administration. 102. National education campaign 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 the following: MM Drug treatment grants 3031. Definitions In this part— (1) the term civil liability protection law means a State law that protects from civil liability individuals who give aid on a voluntary basis in an emergency to individuals who are ill, in peril, or otherwise incapacitated; (2) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies; (3) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and (4) the term Single State Authority for Substance Abuse has the meaning given the term in section 201(e) of the Second Chance Act of 2007 ( 42 U.S.C. 17521(e) ). 3032. National education campaign (a) Definitions In this section— (1) the term eligible entity means a State, unit of local government, or nonprofit organization; and (2) the terms elementary school and secondary school have the meaning given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (b) Program authorized The Attorney General, in coordination with the Secretary of Health and Human Services, the Director of the Office of National Drug Control Policy, the Secretary of Education, the Administrator of the Substance Abuse and Mental Health Services Administration, and the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to expand educational efforts to prevent abuse of opioids, heroin, and other substances of abuse, understand addiction as a chronic disease, and promote treatment and recovery, including— (1) parent and caretaker-focused prevention efforts, including— (A) the development of research-based community education online and social media materials with an accompanying toolkit that can be disseminated to communities to educate parents and other caretakers of teens on— (i) how to educate teens about opioid and heroin abuse; (ii) how to intervene if a parent thinks or knows their teen is abusing opioids or heroin; (iii) signs of opioid or heroin overdose; and (iv) the use of naloxone to prevent death from opioid or heroin overdose; (B) the development of detailed digital and print educational materials to accompany the online and social media materials and toolkit described in subparagraph (A); (C) the development and dissemination of public service announcements to— (i) raise awareness of heroin and opioid abuse among parents and other caretakers; (ii) motivate parents and other caretakers to visit online educational materials on heroin and opioid abuse; and (iii) provide information for public health agencies and nonprofit organizations that provide overdose reversal and prevention services and community referrals; and (D) the dissemination of educational materials to the media through— (i) a town hall or panel discussion with experts; (ii) a press release; (iii) an online news release; (iv) a media tour; and (v) sharable infographics; (2) prevention efforts focused on teenagers, young adults, and college students, including the development of— (A) a national digital campaign; (B) a community education toolkit for use by community coalitions; (C) evidence-based resources for prevention and treatment professionals targeting individuals who are between 18 and 24 years of age, including college students; and (D) technical support centers for prevention and treatment professionals, elementary and secondary school-based professionals, and college-based professionals, including recovery staff, to implement and sustain evidence-based educational and prevention programs; (3) campaigns to inform individuals about available resources to aid in recovery from substance use disorder; (4) encouragement of individuals in or seeking recovery from substance use disorder to enter the health care system; or (5) adult-focused awareness efforts, including efforts focused on older adults, relating to prescription medication disposal, opioid and heroin abuse, signs of overdose, and the use of naloxone for reversal. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section; (B) specifically explain how the measurements described in subparagraph (A) will provide valid measures of the impact of the program described in subparagraph (A); (C) describe how the program described in subparagraph (A) could be broadly replicated if demonstrated to be effective; (D) demonstrate that all planned services will be research-informed, which may include evidence-based practices documented in— (i) the report of the Institute of Medicine entitled Preventing Mental, Emotional, and Behavioral Disorders Among Young People ; or (ii) the National Registry of Effective Programs and Practices (commonly referred to as NREPP ) of the Substance Abuse and Mental Health Administration; and (E) demonstrate that the eligible entity will effectively integrate and sustain the program described in subparagraph (A) into curriculum or community outreach efforts. (d) Use of funds A grantee shall use a grant received under this section for expenses of educational efforts to— (1) prevent abuse of opioids, heroin, alcohol, and other drugs; or (2) promote treatment and recovery. (e) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Priority consideration with respect to States In awarding grants to States under this section, the Attorney General shall give priority to a State that provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— (1) enacting legislation that provides such civil liability protection; or (2) providing a certification by the attorney general of the State that the attorney general has— (A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (g) Information sharing The Office of the Attorney General, in coordination with the Substance Abuse and Mental Health Services Administration and the Department of Education, shall review existing evidence-based programs and emerging practices and programs and provide information to schools and communities about such programs and practices. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020. . 103. Community-based coalition enhancement grants to address local drug crises Part MM of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 102, is amended by adding at the end the following: 3033. Community-based coalition enhancement grants to address local drug crises (a) Definitions In this section— (1) the term Drug-Free Communities Act of 1997 means chapter 2 of the National Narcotics Leadership Act of 1988 ( 21 U.S.C. 1521 et seq. ); (2) the term eligible entity means an organization that— (A) on or before the date of submitting an application for a grant under this section, receives or has received a grant under the Drug-Free Communities Act of 1997; and (B) has documented, using local data, rates of abuse of opioids at levels that are— (i) significantly higher than the national average as determined by the Attorney General (including appropriate consideration of the Monitoring the Future Survey published by the National Institute on Drug Abuse and the National Survey on Drug Use and Health by the Substance Abuse and Mental Health Service Administration); or (ii) higher than the national average, as determined by the Attorney General (including appropriate consideration of the surveys described in clause (i)), over a sustained period of time; and (3) the term local drug crisis means, with respect to the area served by an eligible entity— (A) a sudden increase in the abuse of opioids, as documented by local data; or (B) the abuse of prescription medications, specifically opioids, that is significantly higher than the national average, over a sustained period of time, as documented by local data. (b) Program authorized The Attorney General, in coordination with the Director, may make grants to eligible entities to implement comprehensive 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 manner, 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 eligible entity. (d) Use of funds An eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); and (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note). (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 shall award grants under this section for a period not to exceed 4 years. (f) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the 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 section, and not to supplant those funds. (g) Evaluation A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed 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 pursuant to subsection (i) for a fiscal year may be used by the Attorney General to pay for administrative expenses. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . II Law enforcement and treatment 201. Treatment alternative to incarceration programs Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 103, is amended by adding at the end the following: 3034. Treatment alternative to incarceration programs (a) Definitions In this section— (1) the term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization; and (2) the term eligible participant means an individual who— (A) comes into 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 disorders; and (C) has been approved for participation in a program funded under this section by, as applicable depending on the stage of the criminal justice process, the relevant law enforcement agency or prosecuting attorney, defense attorney, probation or corrections official, judge, or representative from the relevant mental health or substance abuse agency. (b) Program authorized The Attorney General may make grants to eligible entities to develop, implement, or expand a treatment alternative to incarceration program for eligible participants, including— (1) pre-booking treatment alternative to incarceration programs, including— (A) law enforcement training on substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; (B) receiving centers as alternatives to incarceration of eligible participants; (C) 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 treatment alternative to incarceration models; and (2) post-booking treatment alternative to incarceration programs, including— (A) specialized clinical case management; (B) pre-trial services related to substances use disorders, mental illness, and co-occurring mental illness and substance use disorders; (C) prosecutor and defender based programs; (D) specialized probation; (E) programs utilizing the American Society of Addiction Medicine patient placement criteria; (F) treatment and rehabilitation programs and recovery support services; and (G) drug courts, DWI courts, and veterans treatment courts. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) provide extensive evidence of collaboration with State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies; (B) demonstrate consultation with the Single State Authority for Substance Abuse; (C) demonstrate that evidence-based treatment practices will be utilized; and (D) demonstrate that evidenced-based screening and assessment tools will be utilized to place participants in the treatment alternative to incarceration program. (d) Requirements Each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall— (1) determine the terms and conditions of participation in the program by eligible participants, taking into consideration the collateral consequences of an arrest, prosecution, or criminal conviction; (2) ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction; (3) for programs described in subsection (b)(2), organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the State, tribal, or local criminal justice agency involved, the duties of which shall include— (A) the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program; and (B) if necessary, the location, apprehension, 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 otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; (5) submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible offender participating in the program to the relevant State, tribal, or local criminal justice agency; (6) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program, and specifically explain how such measurements will provide valid measures of the impact of the program; and (7) describe how the program could be broadly replicated if demonstrated to be effective. (e) Use of funds An eligible entity shall use a grant received under this section for expenses of a treatment 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 treatment to eligible offenders participating in the program, 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 jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment and mental health treatment to eligible offenders participating in the program. (f) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the 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 section, and not to supplant those funds. (g) Geographic distribution The Attorney General shall ensure that, to the extent practicable, the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in— (1) each State; (2) rural, suburban, and urban areas; and (3) tribal jurisdictions. (h) Priority consideration with respect to States In awarding grants to States under this section, the Attorney General shall give priority to a State that provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— (1) enacting legislation that provides such civil liability protection; or (2) providing a certification by the attorney general of the State that the attorney general has— (A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (i) Reports and evaluations (1) In general Each fiscal year, each recipient of a grant under this section during that fiscal year shall submit to the Attorney General a report on the outcomes of activities carried out using that grant in such form, containing such information, and on such dates as the Attorney General shall specify. (2) Contents A report submitted under paragraph (1) shall— (A) describe best practices for treatment alternatives; and (B) identify training requirements for law enforcement officers who participate in treatment alternative to incarceration programs. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . 202. Law enforcement naloxone training and implementation demonstration Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 201, is amended by adding at the end the following: 3035. Law enforcement naloxone training and implementation demonstration (a) Definition In this section, the term eligible entity means a State, local, or tribal law enforcement agency. (b) Program authorized The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to create a demonstration law enforcement program to prevent opioid and heroin overdose death. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; (C) identify the governmental and community agencies that the program will coordinate; and (D) describe how law enforcement agencies will coordinate with their corresponding State substance abuse and mental health agencies to identify protocols and resources that are available to victims and families, including information on treatment and recovery resources. (d) Use of funds An eligible entity shall use a grant received under this section to— (1) make naloxone available to be carried and administered by law enforcement officers; (2) train and provide resources for law enforcement officers on carrying and administering naloxone for the prevention of opioid and heroin overdose death; and (3) establish processes, protocols, and mechanisms for referral to treatment. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $500,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Technical assistance grants The Attorney General shall make a grant for the purpose of providing technical assistance and training on the use of naloxone to reverse overdose deaths and mechanisms for referral to treatment for an eligible entity receiving a grant under this section. (g) Evaluation The Attorney General shall conduct an evaluation of grants made under this section to determine— (1) the number of officers equipped with naloxone for the prevention of fatal opioid and heroin overdose; (2) the number of opioid and heroin overdoses reversed by officers receiving training and supplies of naloxone through a grant received under this section; (3) the number of calls for service related to opioid and heroin overdose; (4) the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions; and (5) the research, training, and naloxone supply needs of law enforcement and first responder agencies, including those agencies that are not receiving grants under this section. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . 203. Prescription drug take back expansion Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 202, is amended by adding at the end the following: 3036. Prescription drug take back expansion (a) Definition In this section, the term eligible entity means— (1) a State, local, or tribal law enforcement agency; (2) a manufacturer, distributor, or reverse distributor of prescription medications; (3) a retail pharmacy; (4) a registered narcotic treatment program; (5) a hospital or clinic with an on-site pharmacy; (6) an eligible long-term care facility; or (7) any other entity authorized by the Drug Enforcement Administration to dispose of prescription medications. (b) Program authorized The Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to expand or make available disposal sites for unwanted prescription medications. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; and (C) identify the governmental and community agencies that will coordinate the program. (d) Use of funds An eligible entity shall use a grant received under this section for— (1) expenses of a prescription drug disposal site, including materials and resources; (2) implementing disposal procedures and processes; (3) implementing community education strategies, including community education materials and resources; (4) replicating a prescription drug take back initiative throughout multiple jurisdictions; and (5) training of law enforcement officers and other community participants. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $250,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Technical assistance grant The Attorney General shall make a grant to a national nonprofit organization to provide technical assistance and training for an eligible entity receiving a grant under this section. (g) Evaluation (1) In general The Attorney General shall make a grant for evaluation of the performance of each eligible entity receiving a grant under this section. (2) Reports Each fiscal year, the recipient of a grant under this subsection shall submit to the Attorney General a report that evaluates— (A) the effectiveness of the prescription drug take back program of each eligible entity receiving a grant under this section; and (B) the effect of disposal efforts on drug circulation. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020. . III Treatment and recovery 301. Evidence-based opioid and heroin treatment and interventions demonstration Subpart 1 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb et seq. ) is amended— (1) by redesignating section 514 ( 42 U.S.C. 290bb–9 ), as added by section 3632 of the Methamphetamine Anti-Proliferation Act of 2000 ( Public Law 106–310 ; 114 Stat. 1236), as section 514B; and (2) by adding at the end the following: 514C. Evidence-based opioid and heroin treatment and interventions demonstration (a) Grants (1) Authority to make grants The Director of the Center for Substance Abuse Treatment (referred to in this section as the Director ) may award grants to State substance abuse agencies, units of local government, nonprofit organizations, and Indian tribes or tribal organizations (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) that have a high rate, or have had a rapid increase, in the use of heroin or other opioids, in order to permit such entities to expand activities, including an expansion in the availability of medication assisted treatment, with respect to the treatment of addiction in the specific geographical areas of such entities where there is a rate or rapid increase in the use of heroin or other opioids. (2) Recipients The entities receiving grants under paragraph (1) shall be selected by the Director. (3) Nature of activities The grant funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids. (b) Geographic distribution The Director shall ensure that grants awarded under subsection (a) are distributed equitably among the various regions of the Nation and among rural, urban, and suburban areas that are affected by the use of heroin or other opioids. (c) Additional activities The Director shall— (1) evaluate the activities supported by grants awarded under subsection (a); (2) disseminate widely such significant information derived from the evaluation as the Director considers appropriate; (3) provide States, Indian tribes and tribal organizations, and providers with technical assistance in connection with the provision of treatment of problems related to heroin and other opioids; and (4) fund only those applications that specifically support recovery services as a critical component of the grant program. (d) Definition The term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies. (e) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section $12,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2016 through 2020. (2) Use of certain funds Of the funds appropriated to carry out this section in any fiscal year, the lesser of 5 percent of such funds or $1,000,000 shall be available to the Director for purposes of carrying out subsection (c). . 302. Criminal justice medication assisted treatment and interventions demonstration Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 203, is amended by adding at the end the following: 3037. Criminal justice medication assisted treatment and interventions demonstration (a) Definitions In this section— (1) the term criminal justice agency means a State, local, or tribal— (A) court; (B) prison; (C) jail; or (D) other agency that performs the administration of criminal justice, including prosecution, pretrial services, and community supervision; and (2) the term eligible entity means a State, unit of local government, or Indian tribe. (b) Program authorized The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to implement medication assisted treatment programs through criminal justice agencies. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) certify that each medication assisted treatment program funded with a grant under this section has been developed in consultation with the Single State Authority for Substance Abuse; and (B) describe how data will be collected and analyzed to determine the effectiveness of the program described in subparagraph (A). (d) Use of funds An eligible entity shall use a grant received under this section for expenses of— (1) a medication assisted treatment program, including the expenses of prescribing medications recognized by the Food and Drug Administration for opioid treatment in conjunction with psychological and behavioral therapy; (2) training criminal justice agency personnel and treatment providers on medication assisted treatment; (3) cross-training personnel providing behavioral health and health services, administration of medicines, and other administrative expenses, including required reports; and (4) the provision of recovery coaches who are responsible for providing mentorship and transition plans to individuals reentering society following incarceration or alternatives to incarceration. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $750,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Priority consideration with respect to States In awarding grants to States under this section, the Attorney General shall give priority to a State that provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— (1) enacting legislation that provides such civil liability protection; or (2) providing a certification by the attorney general of the State that the attorney general has— (A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (g) Technical assistance The Attorney General, in coordination with the Director of the National Institute on Drug Abuse and the Secretary of Health and Human Services, shall provide technical assistance and training for an eligible entity receiving a grant under this section. (h) Reports (1) In general An eligible entity receiving a grant under this subsection shall submit a report to the Attorney General on the outcomes of each grant received under this section for individuals receiving medication assisted treatment, based on— (A) the recidivism of the individuals; (B) the treatment outcomes of the individuals, including maintaining abstinence from illegal, unauthorized, and unprescribed or undispensed opioids and heroin; (C) a comparison of the cost of providing medication assisted treatment to the cost of incarceration or other participation in the criminal justice system; (D) the housing status of the individuals; and (E) the employment status of the individuals. (2) Contents and timing Each report described in paragraph (1) shall be submitted annually in such form, containing such information, and on such dates as the Attorney General shall specify. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . 303. National youth recovery initiative (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a high school that has been accredited as a recovery high school by the Association of Recovery Schools; (B) an accredited high school that is seeking to establish or expand recovery support services; (C) an institution of higher education; (D) a recovery program at a nonprofit collegiate institution; or (E) a nonprofit organization. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (3) Recovery program The term recovery program — (A) means a program to help individuals who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and (B) includes peer-to-peer support and communal activities to build recovery skills and supportive social networks. (b) Grants authorized The ONDCP Recovery Branch, in consultation with the Secretary of Education, may award grants to eligible entities to enable the entities to— (1) provide substance use recovery support services to young people in high school and enrolled in institutions of higher education; (2) help build communities of support for young people in recovery through a spectrum of activities such as counseling and healthy and wellness-oriented social activities; and (3) encourage initiatives designed to help young people achieve and sustain recovery from substance use disorders. (c) Use of funds Grants awarded under subsection (b) may be used for activities to develop, support, and maintain youth recovery support services, including— (1) the development and maintenance of a dedicated physical space for recovery programs; (2) dedicated staff for the provision of recovery programs; (3) healthy and wellness-oriented social activities and community engagement; (4) establishment of recovery high schools; (5) coordination of recovery programs with— (A) substance use disorder treatment programs and systems; (B) providers of mental health services; (C) primary care providers; (D) the criminal justice system, including the juvenile justice system; (E) employers; (F) housing services; (G) child welfare services; (H) institutions of secondary higher education and institutions of higher education; and (I) other programs or services related to the welfare of an individual in recovery from a substance use disorder; (6) the development of peer-to-peer support programs or services; and (7) additional activities that help youths and young adults to achieve recovery from substance use disorders. (d) Resource center The ONDCP Recovery Branch shall establish a resource center to provide technical support to recipients of grants under this section. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2016 and each of the 5 succeeding fiscal years. 304. Building communities of recovery (a) Definition In this section, the term recovery community organization means an independent nonprofit organization that— (1) mobilizes resources within and outside of the recovery community to increase the prevalence and quality of long-term recovery from substance use disorders; and (2) is wholly or principally governed by people in recovery for substance use disorders who reflect the community served. (b) Grants authorized The ONDCP Recovery Branch, in consultation with the Substance Abuse and Mental Health Services Administration, may award grants to recovery community organizations to enable such organizations to develop, expand, and enhance recovery services. (c) Maximum grant amount The ONDCP Recovery Branch may not award a grant under this section in an amount that exceeds $200,000. (d) Federal share The Federal share of the costs of a program funded by a grant under this section may not exceed 50 percent. (e) Use of funds Grants awarded under subsection (b)— (1) shall be used to develop, expand, and enhance community and statewide recovery support services; and (2) may be used to— (A) advocate for individuals in recovery from substance use disorders; (B) build connections between recovery networks, between recovery community organizations, and with other recovery support services, including— (i) substance use disorder treatment programs and systems; (ii) providers of mental health services; (iii) primary care providers; (iv) the criminal justice system; (v) employers; (vi) housing services; (vii) child welfare agencies; and (viii) other recovery support services that facilitate recovery from substance use disorders; (C) reduce the stigma associated with substance use disorders; (D) conduct public education and outreach on issues relating to substance use disorders and recovery, including— (i) how to identify the signs of addiction; (ii) the resources that are available for individuals struggling with addiction; (iii) the resources that are available to help support individuals in recovery; and (iv) information on the medical consequences of substance use disorders, including neonatal abstinence syndrome and potential infection with human immunodeficiency virus and viral hepatitis; and (E) carry out other activities that strengthen the network of community support for individuals in recovery. (f) Resource center The ONDCP Recovery Branch shall establish a resource center to provide technical assistance to recipients of grants under this section and to provide information to individuals seeking to support people in recovery from substance use disorders. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,700,000 in fiscal year 2016 and each of the 3 succeeding fiscal years. IV Addressing collateral consequences 401. Correctional education demonstration grant program Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) is amended— (1) by redesignating part KK as part LL; (2) by redesignating sections 3011 and 3012 as sections 3021 and 3022, respectively; and (3) by inserting before part LL, as redesignated, the following: KK Correctional education demonstration grant program 3011. Correctional education demonstration grant program (a) Definition In this section, the term eligible entity means a State, unit of local government, nonprofit organization, or Indian tribe. (b) Grant program authorized The Attorney General may make grants of not more than $750,000 to eligible entities to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities, including to pay for— (1) basic education, secondary level academic education, high school equivalency examination preparation, career technical education, and English as a second language instruction at the basic, secondary, or post-secondary levels, for adult and juvenile populations; (2) screening and assessment of inmates to assess education level, needs, occupational interest or aptitude, risk level, and other needs, and case management services; (3) hiring and training of instructors and aides, reimbursement of non-corrections staff and experts, reimbursement of stipends paid to inmate tutors or aides, and the costs of training inmate tutors and aides; (4) instructional supplies and equipment, including occupational program supplies and equipment to the extent that the supplies and equipment are used for instructional purposes; (5) partnerships and agreements with community colleges, universities, and career technology education program providers, including tuition payments; (6) certification programs providing recognized high school equivalency certificates and industry recognized credentials; and (7) technology solutions to— (A) meet the instructional, assessment, and information needs of correctional populations; and (B) facilitate the continued participation of incarcerated students in community-based education programs after the students are released from incarceration. (c) Application An eligible entity desiring a grant under this section shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies. (d) Priority considerations In awarding grants under this section, the Attorney General shall give priority to applicants that— (1) assess the level of risk and need of inmates, including by— (A) assessing the need for English as a second language instruction; (B) conducting educational assessments; and (C) assessing occupational interests and aptitudes; (2) target educational services to assessed needs, including academic and occupational at the basic, secondary, or post-secondary level; (3) target career technology education programs to— (A) areas of identified occupational demand; and (B) employment opportunities in the communities in which students are reasonably expected to reside post-release; (4) include a range of appropriate educational opportunities at the basic, secondary, and post-secondary levels; (5) include opportunities for students to attain industry recognized credentials; (6) include partnership or articulation agreements linking institutional education programs with community sited programs provided by adult education program providers and accredited institutions of higher education, community colleges, and vocational training institutions; and (7) explicitly include career pathways models offering opportunities for incarcerated students to develop academic skills, in-demand occupational skills and credentials, occupational experience in institutional work programs or work release programs, and linkages with employers in the community, so that incarcerated students have opportunities to embark on careers with strong prospects for both post-release employment and advancement in a career ladder over time. (e) Requirements An eligible entity desiring a grant under this section shall— (1) describe the evidence-based methodology and outcome measurements that will be used to evaluate each program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; and (2) describe how the program described in paragraph (1) could be broadly replicated if demonstrated to be effective. (f) Control of internet access An entity that receives a grant under this section shall restrict access to the Internet by prisoners, as appropriate, to ensure public safety. 3012. Authorization of appropriations There are authorized to be appropriated $5,000,000 to carry out this part for fiscal years 2016 through 2020. . 402. Revision of FAFSA form Section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) is amended by adding at the end the following: (i) Convictions The Secretary shall not include any question about the conviction of an applicant for the possession or sale of illegal drugs on the FAFSA (or any other form developed under subsection (a)). . 403. National Task Force on Recovery and Collateral Consequences (a) Definition In this section, the term collateral consequence means a penalty, disability, or disadvantage— (1) imposed on an individual as a result of a criminal conviction but not as part of the judgment of the court that imposes the conviction; or (2) that an administrative agency, official, or civil court is authorized, but not required, to impose on an individual convicted of a felony, misdemeanor, or other criminal offense. (b) Establishment (1) In general Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish a bipartisan task force to be known as the Task Force on Recovery and Collateral Consequences (in this section referred to as the Task Force ). (2) Membership (A) Total number of members The Task Force shall include 10 members, who shall be appointed by the Secretary in accordance with subparagraphs (B) and (C). (B) Members of the task force The Task Force shall include— (i) members who have national recognition and significant expertise in areas such as health care, housing, employment, substance use disorder, mental health, law enforcement, and law; (ii) not fewer than 2 members— (I) who have personally experienced substance abuse or addiction and are in recovery; and (II) not fewer than 1 one of whom has benefited from medication assisted treatment; and (iii) to the extent practicable, members who formerly served as elected officials at the State and Federal levels. (C) Timing The Secretary shall appoint the members of the Task Force not later than 60 days after the date on which the Task Force is established under paragraph (1). (3) Chairperson The Task Force shall select a chairperson or co-chairpersons from among the members of the Task Force. (c) Duties of the task force (1) In general The Task Force shall— (A) identify collateral consequences for individuals with Federal or State drug convictions who are in recovery for substance use disorder; and (B) determine whether the collateral consequences identified under subparagraph (A) unnecessarily delay individuals in recovery from resuming their personal and professional activities. (2) Recommendations Not later than 180 days after the date of the first meeting of the Task Force, the Task Force shall develop recommendations for proposed legislative and regulatory changes to reduce and, to the extent practicable, eliminate the collateral consequences identified by the Task Force under paragraph (1). (3) Collection of information The Task Force shall hold hearings, require the testimony and attendance of witnesses, and secure information from any department or agency of the United States in performing the duties under paragraphs (1) and (2). (4) Report Not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall submit a report detailing the findings and recommendations of the Task Force to— (A) each relevant committee of Congress; (B) the head of each relevant department or agency of the United States; (C) the President; and (D) the Vice President. V Addiction and treatment services for women, families, and veterans 501. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 302, is amended by adding at the end the following: 3038. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders (a) Definitions In this section— (1) the term State criminal justice agency means the agency of the State responsible for administering criminal justice funds, including the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E; and (2) the term State substance abuse agency means the agency of the State responsible for the State prevention, treatment, and recovery system, including management of the Substance Abuse Prevention and Treatment Block Grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (b) Purpose and program authority (1) Grant authorization The Attorney General, in coordination with the Secretary of Health and Human Services, may award competitive grants jointly to a State substance abuse agency and a State criminal justice agency to address the use of opioids and heroin among pregnant and parenting female offenders in the State to promote public safety, public health, family permanence, and well-being. (2) Purposes and program authority A grant under this section shall be used to facilitate or enhance collaboration between the State criminal justice and State substance abuse systems in order to carry out programs to address the use of opioid and heroin abuse by pregnant and parenting female offenders. (c) Applications (1) In general A State substance abuse agency and State criminal justice agency desiring a grant under this section shall jointly submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (2) Contents (A) In general Each application for a grant under this section shall contain a plan to expand the services of the State for pregnant and parenting female offenders for the use of opioids, heroin, and other drugs, which shall be in accordance with regulations or guidelines established by the Attorney General, in consultation with the Secretary of Health and Human Services. (B) Plan A plan submitted under subparagraph (A) shall, at a minimum, include— (i) a description of how the applicants will work jointly to address the needs associated with the use of opioids or heroin by pregnant and parenting female offenders to promote family stability and permanence; (ii) a description of the nature and the extent of the problem of opioid and heroin use by pregnant and parenting female offenders in the State; (iii) a certification that the State has involved counties and other units of local government, when appropriate, in the development, expansion, modification, operation, or improvement of proposed programs to address the problems associated with opioid and heroin use; (iv) a certification that funds received under this section will be used to supplement, not supplant, other Federal, State, and local funds; and (v) a description of clinically appropriate practices and procedures to— (I) screen and assess pregnant and parenting female offenders for problems associated with opioids and heroin; (II) screen and assess pregnant and parenting female offenders demonstrating problems associated with opioids and heroin for co-occurring mental disorders; (III) provide clinically appropriate services, including medication assisted treatment, for female offenders and their children in the same location to promote family permanence and self-sufficiency; and (IV) provide for a process to enhance or ensure the abilities of the State criminal justice agency and State substance abuse agency to work together to reunite families when appropriate in the case where family treatment is not provided. (d) Period of grant; renewal (1) Period A grant under this section shall be for a period of 3 years. (2) Renewal A State substance abuse agency and a State criminal justice agency receiving a grant under this section may apply for and, after the end of the period of the first grant under this section, receive 1 additional grant under this section. (e) Performance accountability; reports (1) Reports A State substance abuse agency and a State criminal justice agency receiving a grant under this section shall jointly submit to the Attorney General a report on the activities carried out under the grant at the end of each fiscal year during the period of the grant. (2) Evaluation Not later than 1 year after the end of the period of a grant under this section, the Attorney General shall submit a report to each committee of Congress with jurisdiction of the program under this section that summarizes the reports of the recipients of the grant and provides recommendations, if any, for further legislative action. (f) Training and technical assistance The Attorney General shall support State substance abuse and State criminal justice agencies by developing, in consultation with State substance abuse and State criminal justice agencies, and offering a program of training and technical assistance to assist the agencies in developing programs and protocols— (1) to implement this section; and (2) for effectively working across the Federal and State criminal and substance abuse systems. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . 502. Grants for family-based substance abuse treatment Section 2925 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s–4 ) is amended— (1) by striking An entity and inserting (a) Entity Reports .—An entity ; and (2) by adding at the end the following: (b) Attorney general report on family-Based substance abuse treatment The Attorney General shall submit to Congress an annual report that describes the number of grants awarded under section 2921(1) and how such grants are used by the recipients for family-based substance abuse treatment programs that serve as alternatives to incarceration for custodial parents to receive treatment and services as a family. . 503. Veterans’ treatment courts Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended— (1) by redesignating subsection (i) as subsection (j); (2) by inserting after subsection (h) the following: (i) Assisting veterans (1) Definitions In this subsection: (A) Peer to peer services or programs The term peer to peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. (B) Qualified veteran The term qualified veteran means a preliminarily qualified offender who— (i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and (ii) (I) was discharged or released from such service under conditions other than dishonorable; or (II) was discharged or released from such service under dishonorable conditions, if the reason for that discharge or release, if known, is attributable to drug use. (C) Veterans treatment court program The term veterans treatment court program means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with— (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; and (iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits. (2) Veterans assistance program (A) In general The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand— (i) veterans treatment court programs; (ii) peer to peer services or programs for qualified veterans; (iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and (iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. (B) Priority In awarding grants under this subsection, the Attorney General shall give priority to applications that— (i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; (ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and (iii) propose interventions with empirical support to improve outcomes for qualified veterans. ; and (3) in subsection (j), as so redesignated— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: (2) Veterans treatment courts In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated to the Attorney General $5,000,000 for each of fiscal years 2016 through 2020 to carry out subsection (i). . VI Incentivizing State comprehensive initiatives to address opioid and heroin abuse 601. State demonstration grants for comprehensive opioid abuse response Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 501, is amended by adding at the end the following: 3039. State demonstration grants for comprehensive opioid abuse response (a) Definitions In this section— (1) the term dispenser has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); (2) the term prescriber of a schedule II, III, or IV controlled substance does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance— (A) for use on the premises on which the substance is dispensed; (B) in a hospital emergency room, when the substance is in short supply; (C) for a certified opioid treatment program; or (D) in other situations as the Attorney General may reasonably determine; (3) the term prescriber means a dispenser who prescribes a controlled substance, or the agent of such a dispenser; and (4) the term schedule II, III, or IV controlled substance means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (b) Planning and implementation grants (1) In general The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may award grants to States, and combinations thereof, to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative. (2) Purposes A State receiving a grant under this section shall establish a comprehensive response to opioid abuse, which shall include— (A) prevention and education efforts around heroin and opioid use, treatment, and recovery; (B) a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which shall include— (i) data sharing with other States by statute, regulation, or interstate agreement; and (ii) educating physicians, residents, medical students, and other prescribers of Schedule II, III, or IV controlled substances on the prescription drug monitoring program of the State; (C) developing, implementing, or expanding the prescription drug and opioid addiction treatment program of the State by— (i) expanding programs for medication assisted treatment of prescription drug and opioid addiction, including training for treatment and recovery support providers; (ii) developing, implementing, or expanding programs for behavioral health therapy for individuals who are in treatment for prescription drug and opioid addiction, including contingency management, cognitive behavioral therapy, and motivational enhancements; (iii) developing, implementing, or expanding programs to screen individuals who are in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and provide treatment for those individuals if clinically appropriate; or (iv) developing, implementing, or expanding programs that provide screening, early intervention, and referral to treatment (commonly referred to as SBIRT ) to teenagers and young adults in primary care, middle schools, high schools, universities, school-based health centers, and other community-based health care settings frequently accessed by teenagers or young adults; and (D) developing, implementing, and expanding programs to prevent overdose death of prescription medications and opioids. (3) Planning grant applications (A) Application (i) In general A State desiring a planning grant under this section to prepare a comprehensive plan for an integrated opioid abuse response initiative shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (ii) Requirements An application for a planning grant under this section shall, at a minimum, include— (I) a budget and a budget justification for the activities to be carried out using the grant; (II) a description of the activities proposed to be carried out using the grant, including a schedule for completion of such activities; (III) outcome measures that will be used to measure the effectiveness of the programs and initiatives to address opioids; and (IV) a description of the personnel necessary to complete such activities. (B) Period; nonrenewability A planning grant under this section shall be for a period of 1 year. A State may not receive more than 1 planning grant under this section. (C) Amount A planning grant under this section may not exceed $100,000, except that the Attorney General may, for good cause, approve a grant in a higher amount. (D) Strategic plan and program implementation plan A State receiving a planning grant under this section shall develop a strategic plan and a program implementation plan. (4) Implementation grants (A) Application A State desiring an implementation grant under this section to implement a comprehensive strategy for addressing opioid abuse shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (B) Use of funds A State that receives an implementation grant under this section shall use the grant for the cost of carrying out an integrated opioid abuse response program in accordance with this section, including for technical assistance, training, and administrative expenses. (C) Requirements An integrated opioid abuse response program carried out using an implementation grant under this section shall— (i) ensure that each prescriber of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; and (II) consults the prescription drug monitoring program database of the State before prescribing a schedule II, III, or IV controlled substance; (ii) ensure that each dispenser of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; (II) consults the prescription drug monitoring program database of the State before dispensing a schedule II, III, or IV controlled substance; and (III) reports to the prescription drug monitoring program of the State, at a minimum, each instance in which a schedule II, III, or IV controlled substance is dispensed, with limited exceptions, as defined by the State, which shall indicate the prescriber by name and National Provider Identifier; (iii) require that, not fewer than 4 times each year, the State agency or agencies that administer the prescription drug monitoring program of the State prepare and provide to each prescriber of a schedule II, III, or IV controlled substance an informational report that shows how the prescribing patterns of the prescriber compare to prescribing practices of the peers of the prescriber and expected norms; (iv) if informational reports provided to a prescriber under clause (iii) indicate that the prescriber is repeatedly falling outside of expected norms or standard practices for the prescriber's field, direct the prescriber to educational resources on appropriate prescribing of controlled substances; (v) ensure that the prescriber licensing board of the State receives a report describing any prescribers that repeatedly fall outside of expected norms or standard practices for the prescriber's field, as described in clause (iii); (vi) require consultation with the Single State Authority for Substance Abuse; and (vii) establish requirements for how data will be collected and analyzed to determine the effectiveness of the program. (D) Period An implementation grant under this section shall be for a period of 2 years. (E) Amount The amount of an implementation grant under this section may not exceed $5,000,000 except that the Attorney General may, for good cause, approve a grant in a higher amount. (5) Priority considerations In awarding planning and implementation grants under this section, the Attorney General shall give priority to a State that— (A) provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— (i) enacting legislation that provides such civil liability protection; or (ii) providing a certification by the attorney general of the State that the attorney general has— (I) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons; (B) have in effect legislation or implement a policy under which the State shall not terminate, but may suspend, enrollment under the State plan for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for an individual who is incarcerated for a period of fewer than 2 years; (C) have a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration; (D) ensures the capability of data sharing with other States, such as by making data available to a prescription monitoring hub; (E) ensures that data recorded in the prescription drug monitoring program database of the State is available within 24 hours, to the extent possible; and (F) ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2016 through 2020. . VII Offset; GAO report 701. Offset It is the sense of Congress that the amounts expended to carry out this Act and the amendments made by this Act should be offset by a corresponding reduction in Federal non-defense discretionary spending. 702. GAO report on IMD exclusion (a) Definition In this section, the term Medicaid Institutions for Mental Disease exclusion means the prohibition on Federal matching payments under Medicaid for patients who have attained age 22, but have not attained age 65, in an institution for mental diseases under subparagraph (B) of the matter following subsection (a) of section 1905 of the Social Security Act and subsection (i) of such section ( 42 U.S.C. 1396d ). (b) Report required Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the impact that the Medicaid Institutions for Mental Disease exclusion has on access to treatment for individuals with a substance use disorder. (c) Elements The report required under subsection (b) shall include the following: (1) An analysis of whether the following policy changes to the Medicaid Institutions for Mental Disease exclusion would enhance access to treatment for individuals with a substance use disorder: (A) Removing substance use disorder treatment and facilities from the Medicaid Institutions for Mental Disease exclusion. (B) Amending section 1905(i) of the Social Security Act ( 42 U.S.C. 1396d(i) ) to modestly raise the 16-bed limit in the definition of an institution for mental diseases under that section. (C) Repealing the Medicaid Institutions for Mental Disease exclusion. (2) An analysis of whether and to what extent the quality of care for substance use disorder treatment is impacted by the Medicaid Institutions for Mental Disease exclusion. (3) An analysis of barriers in accessing State-specific information related to the impact of the Medicaid Institutions for Mental Disease exclusion on access to treatment. (4) An analysis of the difference in cost between treatment for a substance use disorder in a hospital setting compared to a community-based care setting. (5) An analysis of the characteristics of institutions for mental diseases (as defined in section 1905(i) of the Social Security Act ( 42 U.S.C. 1396d(i) )), including the patient capacity of such institutions as well as the type of care setting, among other characteristics.

1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Addiction and Recovery Act of 2016 . (b) Table of contents The table of contents for 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 use 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 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 opioid and heroin abuse Sec. 601. State demonstration grants for comprehensive opioid abuse response. TITLE VII—Miscellaneous Sec. 701. GAO report on IMD exclusion. Sec. 702. Funding. Sec. 703. Conforming amendments. Sec. 704. Grant accountability. 2. Findings Congress finds the following: (1) The abuse of heroin and prescription opioid painkillers is having a devastating effect on public health and safety in communities across the United States. According to the Centers for Disease Control and Prevention, drug overdose deaths now surpass traffic crashes in the number of deaths caused by injury in the United States. In 2014, an average of more than 120 people in the United States died from drug overdoses every day. (2) According to the National Institute on Drug Abuse (commonly known as NIDA ), the number of prescriptions for opioids increased from approximately 76,000,000 in 1991 to nearly 207,000,000 in 2013, and the United States is the biggest consumer of opioids globally, accounting for almost 100 percent of the world total for hydrocodone and 81 percent for oxycodone. (3) Opioid pain relievers are the most widely misused or abused controlled prescription drugs (commonly referred to as CPDs ) and are involved in most CPD-related overdose incidents. According to the Drug Abuse Warning Network (commonly known as DAWN ), the estimated number of emergency department visits involving nonmedical use of prescription opiates or opioids increased by 112 percent between 2006 and 2010, from 84,671 to 179,787. (4) The use of heroin in the United States has also spiked sharply in recent years. According to the most recent National Survey on Drug Use and Health, more than 900,000 people in the United States reported using heroin in 2014, nearly a 35 percent increase from the previous year. Heroin overdose deaths more than tripled from 2010 to 2014. (5) The supply of cheap heroin available in the United States has increased dramatically as well, largely due to the activity of Mexican drug trafficking organizations. The Drug Enforcement Administration (commonly known as the DEA ) estimates that heroin seizures at the Mexican border have more than doubled since 2010, and heroin production in Mexico increased 62 percent from 2013 to 2014. While only 8 percent of State and local law enforcement officials across the United States identified heroin as the greatest drug threat in their area in 2008, that number rose to 38 percent in 2015. (6) Law enforcement officials and treatment experts throughout the country report that many prescription opioid users have turned to heroin as a cheaper or more easily obtained alternative to prescription drugs. (7) According to a report by the National Association of State Alcohol and Drug Abuse Directors (commonly referred to as NASADAD ), 37 States reported an increase in admissions to treatment for heroin use during the past 2 years, while admissions to treatment for prescription opiates increased 500 percent from 2000 to 2012. (8) Research indicates that combating the opioid crisis, including abuse of prescription painkillers and, increasingly, heroin, requires a multi-pronged approach that involves prevention, education, monitoring, law enforcement initiatives, reducing drug diversion and the supply of illicit drugs, expanding delivery of existing treatments (including medication assisted treatments), expanding access to overdose medications and interventions, and the development of new medications for pain that can augment the existing treatment arsenal. (9) Substance use disorders are a treatable disease. Discoveries in the science of addiction have led to advances in the treatment of substance use disorders that help people stop abusing drugs and prescription medications and resume their productive lives. (10) According to the National Survey on Drug Use and Health, approximately 22,700,000 people in the United States needed substance use disorder treatment in 2013, but only 2,500,000 people received it. Furthermore, current treatment services are not adequate to meet demand. According to a report commissioned by the Substance Abuse and Mental Health Services Administration (commonly known as SAMHSA ), there are approximately 32 providers for every 1,000 individuals needing substance use disorder treatment. In some States, the ratio is much lower. (11) The overall cost of drug abuse, from health care- and criminal justice-related costs to lost productivity, is steep, totaling more than $700,000,000,000 a year, according to NIDA. Effective substance abuse prevention can yield major economic dividends. (12) According to NIDA, when schools and communities properly implement science-validated substance abuse prevention programs, abuse of alcohol, tobacco, and illicit drugs is reduced. Such programs help teachers, parents, and healthcare professionals shape the perceptions of youths about the risks of drug abuse. (13) Diverting certain individuals with substance use disorders from criminal justice systems into community-based treatment can save billions of dollars and prevent sizeable numbers of crimes, arrests, and re-incarcerations over the course of those individuals’ lives. (14) According to the DEA, more than 2,700 tons of expired, unwanted prescription medications have been collected since the enactment of the Secure and Responsible Drug Disposal Act of 2010 ( Public Law 111–273 ; 124 Stat. 2858). (15) Faith-based, holistic, or drug-free models can provide a critical path to successful recovery for a great number of people in the United States. The 2015 membership survey conducted by Alcoholics Anonymous (commonly known as AA ) found that 73 percent of AA members were sober longer than 1 year and attended 2.5 meetings per week. (16) Research shows that combining treatment medications with behavioral therapy is an effective way to facilitate success for some patients. Treatment approaches must be tailored to address the drug abuse patterns and drug-related medical, psychiatric, and social problems of each individual. Different types of medications may be useful at different stages of treatment or recovery to help a patient stop using drugs, stay in treatment, and avoid relapse. Patients have a range of options regarding their path to recovery and many have also successfully addressed drug abuse through the use of faith-based, holistic, or drug-free models. (17) Individuals with mental illness, especially severe mental illness, are at considerably higher risk for substance abuse than the general population, and the presence of a mental illness complicates recovery from substance abuse. 3. Definitions In this Act— (1) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies; (2) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and (3) the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. I Prevention and education 101. Development of best practices for the use of prescription opioids (a) Definitions In this section— (1) the term Secretary means the Secretary of Health and Human Services; and (2) the term task force means the Pain Management Best Practices Inter-Agency Task Force convened under subsection (b). (b) Inter-Agency Task Force Not later than December 14, 2018, the Secretary, in cooperation with the Secretary of Veterans Affairs, the Secretary of Defense, and the Administrator of the Drug Enforcement Administration, shall convene a Pain Management Best Practices Inter-Agency Task Force to review, modify, and update, as appropriate, best practices for pain management (including chronic and acute pain) and prescribing pain medication. (c) Membership The task force shall be comprised of— (1) representatives of— (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Food and Drug Administration; (D) the Department of Defense; (E) the Drug Enforcement Administration; (F) the Centers for Disease Control and Prevention; (G) the National Academy of Medicine; (H) the National Institutes of Health; and (I) the Office of National Drug Control Policy; (2) physicians, dentists, and non-physician prescribers; (3) pharmacists; (4) experts in the fields of pain research and addiction research; (5) representatives of— (A) pain management professional organizations; (B) the mental health treatment community; (C) the addiction treatment community; (D) pain advocacy groups; and (E) groups with expertise around overdose reversal; and (6) other stakeholders, as the Secretary determines appropriate. (d) Duties The task force shall— (1) not later than 180 days after the date on which the task force is convened under subsection (b), review, modify, and update, as appropriate, best practices for pain management (including chronic and acute pain) and prescribing pain medication, taking into consideration— (A) existing pain management research; (B) recommendations from relevant conferences; (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies, including consideration of alternatives to opioids to reduce opioid monotherapy in appropriate cases; (D) the management of high-risk populations, other than populations who suffer pain, who— (i) may use or be prescribed benzodiazepines, alcohol, and diverted opioids; or (ii) receive opioids in the course of medical care; and (E) the Proposed 2016 Guideline for Prescribing Opioids for Chronic Pain issued by the Centers for Disease Control and Prevention (80 Fed. Reg. 77351 (December 14, 2015)) and any final guidelines issued by the Centers for Disease Control and Prevention; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; and (3) develop a strategy for disseminating information about the best practices to stakeholders, as appropriate. (e) Limitation The task force shall not have rulemaking authority. (f) Report Not later than 270 days after the date on which the task force is convened under subsection (b), the task force shall submit to Congress a report that includes— (1) the strategy for disseminating best practices for pain management (including chronic and acute pain) and prescribing pain medication, as reviewed, modified, or updated under subsection (d); (2) the results of a feasibility study on linking the best practices described in paragraph (1) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) ); and (3) recommendations for effectively applying the best practices described in paragraph (1) to improve prescribing practices at medical facilities, including medical facilities of the Veterans Health Administration. 102. Awareness campaigns (a) In general The Secretary of Health and Human Services, in coordination with the Attorney General, shall advance the education and awareness of the public, providers, patients, and other appropriate entities regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed. (b) Drug-Free Media Campaign (1) In general The Office of National Drug Control Policy, in coordination with the Secretary of Health and Human Services and the Attorney General, shall establish a national drug awareness campaign. (2) Requirements The national drug awareness campaign required under paragraph (1) shall— (A) take into account the association between prescription opioid abuse and heroin use; (B) emphasize the similarities between heroin and prescription opioids and the effects of heroin and prescription opioids on the human body; and (C) bring greater public awareness to the dangerous effects of fentanyl when mixed with heroin or abused in a similar manner. 103. Community-based coalition enhancement grants to address local drug crises Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ) is amended by striking section 2997 and inserting the following: 2997. Community-based coalition enhancement grants to address local drug crises (a) Definitions In this section— (1) the term Drug-Free Communities Act of 1997 means chapter 2 of the National Narcotics Leadership Act of 1988 ( 21 U.S.C. 1521 et seq. ); (2) the term eligible entity means an organization that— (A) on or before the date of submitting an application for a grant under this section, receives or has received a grant under the Drug-Free Communities Act of 1997; and (B) has documented, using local data, rates of abuse of opioids or methamphetamines at levels that are— (i) significantly higher than the national average as determined by the Attorney General (including appropriate consideration of the results of the Monitoring the Future Survey published by the National Institute on Drug Abuse and the National Survey on Drug Use and Health published by the Substance Abuse and Mental Health Services Administration); or (ii) higher than the national average, as determined by the Attorney General (including appropriate consideration of the results of the surveys described in clause (i)), over a sustained period of time; and (3) the term local drug crisis means, with respect to the area served by an eligible entity— (A) a sudden increase in the abuse of opioids or methamphetamines, as documented by local data; or (B) the abuse of prescription medications, specifically opioids or methamphetamines, that is significantly higher than the national average, over a sustained period of time, as documented by local data. (b) Program authorized The Attorney General, in coordination with the Director of the Office of National Drug Control Policy, may make grants to eligible entities to implement comprehensive community-wide strategies that address local drug crises within the area served by the eligible entity. (c) Application (1) In general An eligible entity seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, 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 eligible entity. (d) Use of funds An eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address the local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); and (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note). (e) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the 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 section, and not to supplant those funds. (f) Evaluation A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997. (g) Limitation on administrative expenses Not more than 8 percent of the amounts made available pursuant to subsection (i) for a fiscal year may be used by the Attorney General to pay for administrative expenses. . II Law enforcement and treatment 201. Treatment alternative to incarceration programs (a) Definitions In this section: (1) Eligible entity The term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization. (2) Eligible participant The term eligible participant means an individual who— (A) comes into contact with the juvenile justice system or criminal justice system or is arrested or charged with an offense that is not— (i) a crime of violence, as defined under applicable State law or section 16 of title 18, United States Code; or (ii) a serious drug offense, as defined under section 924(e)(2)(A) of title 18, United States Code; (B) has a current— (i) substance use disorder; or (ii) co-occurring mental illness and substance use disorder; and (C) has been approved for participation in a program funded under this section by, as applicable depending on the stage of the criminal justice process, the relevant law enforcement agency or prosecuting attorney, defense attorney, probation or corrections official, judge, or representative from the relevant mental health or substance abuse agency. (b) Program authorized The Secretary of Health and Human Services, in coordination with the Attorney General, may make grants to eligible entities to— (1) develop, implement, or expand a treatment alternative to incarceration program for eligible participants, including— (A) pre-booking, including pre-arrest, treatment alternative to incarceration programs, including— (i) law enforcement training on substance use disorders and co-occurring mental illness and substance use disorders; (ii) receiving centers as alternatives to incarceration of eligible participants; (iii) specialized response units for calls related to substance use disorders and co-occurring mental illness and substance use disorders; and (iv) other pre-arrest or pre-booking treatment alternative to incarceration models; and (B) post-booking treatment alternative to incarceration programs, including— (i) specialized clinical case management; (ii) pre-trial services related to substance use disorders and co-occurring mental illness and substance use disorders; (iii) prosecutor and defender based programs; (iv) specialized probation; (v) programs utilizing the American Society of Addiction Medicine patient placement criteria; (vi) treatment and rehabilitation programs and recovery support services; and (vii) drug courts, DWI courts, and veterans treatment courts; and (2) facilitate or enhance planning and collaboration between State criminal justice systems and State substance abuse systems in order to more efficiently and effectively carry out programs described in paragraph (1) that address problems related to the use of heroin and misuse of prescription drugs among eligible participants. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Secretary of Health and Human Services— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Secretary of Health and Human Services may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) provide extensive evidence of collaboration with State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies; (B) demonstrate consultation with the Single State Authority for Substance Abuse; (C) demonstrate consultation with the Single State criminal justice planning agency; (D) demonstrate that evidence-based treatment practices, including if applicable the use of medication assisted treatment, will be utilized; and (E) demonstrate that evidenced-based screening and assessment tools will be utilized to place participants in the treatment alternative to incarceration program. (d) Requirements Each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall— (1) determine the terms and conditions of participation in the program by eligible participants, taking into consideration the collateral consequences of an arrest, prosecution, or criminal conviction; (2) ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction; (3) for programs described in subsection (b)(2), organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the State, tribal, or local criminal justice agency involved, the duties of which shall include— (A) the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program; and (B) if necessary, the location, apprehension, 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 otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; (5) submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible participant in the program to the relevant State, tribal, or local criminal justice agency; (6) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program, and specifically explain how such measurements will provide valid measures of the impact of the program; and (7) describe how the program could be broadly replicated if demonstrated to be effective. (e) Use of funds An eligible entity shall use a grant received under this section for expenses of a treatment 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 treatment to eligible participants in the program, including medication assisted treatment, aftercare supervision, vocational training, education, and job placement; (3) payments to public and nonprofit private entities that are approved by the State or tribal jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment and mental health treatment to eligible participants in the program; and (4) salaries, personnel costs, and other costs related to strategic planning among State and local government agencies. (f) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the 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 section, and not to supplant those funds. (g) Geographic distribution The Secretary of Health and Human Services shall ensure that, to the extent practicable, the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in— (1) each State; (2) rural, suburban, and urban areas; and (3) tribal jurisdictions. (h) Priority consideration with respect to States In awarding grants to States under this section, the Secretary of Health and Human Services shall give priority to— (1) a State that submits a joint application from the substance abuse agencies and criminal justice agencies of the State that proposes to use grant funds to facilitate or enhance planning and collaboration between the agencies, including coordination to better address the needs of incarcerated populations; and (2) a State that— (A) provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in the administration of naloxone in administering naloxone to counteract opioid overdoses; and (B) submits to the Secretary a certification by the attorney general of the State that the attorney general has— (i) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who— (I) have received appropriate training in the administration of naloxone; and (II) may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (ii) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (i) Reports and evaluations (1) In general Each fiscal year, each recipient of a grant under this section during that fiscal year shall submit to the Secretary of Health and Human Services a report on the outcomes of activities carried out using that grant in such form, containing such information, and on such dates as the Secretary of Health and Human Services shall specify. (2) Contents A report submitted under paragraph (1) shall— (A) describe best practices for treatment alternatives; and (B) identify training requirements for law enforcement officers who participate in treatment alternative to incarceration programs. (j) Funding During the 5-year period beginning on the date of enactment of this Act, the Secretary of Health and Human Services shall carry out this section using funds made available to the Substance Abuse and Mental Health Services Administration for Criminal Justice Activities. 202. First responder training for the use of drugs and devices that rapidly reverse the effects of opioids Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 103, is amended by adding at the end the following: 2998. First responder training for the use of drugs and devices that rapidly reverse the effects of opioids (a) Definition In this section— (1) the terms drug and device have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ); (2) the term eligible entity means a State, a unit of local government, or an Indian tribal government; (3) the term first responder includes a firefighter, law enforcement officer, paramedic, emergency medical technician, or other individual (including an employee of a legally organized and recognized volunteer organization, whether compensated or not), who, in the course of professional duties, responds to fire, medical, hazardous material, or other similar emergencies; and (4) the term Secretary means the Secretary of Health and Human Services. (b) Program authorized The Secretary, in coordination with the Attorney General, may make grants to eligible entities to allow appropriately trained first responders to administer an opioid overdose reversal drug to an individual who has— (1) experienced a prescription opioid or heroin overdose; or (2) been determined to have likely experienced a prescription opioid or heroin overdose. (c) Application (1) In general An eligible entity seeking a grant under this section shall submit an application to the Secretary— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; (C) identify the governmental and community agencies that the program will coordinate; and (D) describe how law enforcement agencies will coordinate with their corresponding State substance abuse and mental health agencies to identify protocols and resources that are available to victims and families, including information on treatment and recovery resources. (d) Use of funds An eligible entity shall use a grant received under this section to— (1) make such opioid overdose reversal drugs or devices that are approved by the Food and Drug Administration, such as naloxone, available to be carried and administered by first responders; (2) train and provide resources for first responders on carrying an opioid overdose reversal drug or device approved by the Food and Drug Administration, such as naloxone, and administering the drug or device to an individual who has experienced, or has been determined to have likely experienced, a prescription opioid or heroin overdose; and (3) establish processes, protocols, and mechanisms for referral to appropriate treatment. (e) Technical assistance grants The Secretary shall make a grant for the purpose of providing technical assistance and training on the use of an opioid overdose reversal drug, such as naloxone, to respond to an individual who has experienced, or has been determined to have likely experienced, a prescription opioid or heroin overdose, and mechanisms for referral to appropriate treatment for an eligible entity receiving a grant under this section. (f) Evaluation The Secretary shall conduct an evaluation of grants made under this section to determine— (1) the number of first responders equipped with naloxone, or another opioid overdose reversal drug, for the prevention of fatal opioid and heroin overdose; (2) the number of opioid and heroin overdoses reversed by first responders receiving training and supplies of naloxone, or another opioid overdose reversal drug, through a grant received under this section; (3) the number of calls for service related to opioid and heroin overdose; (4) the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions; and (5) the research, training, and naloxone, or another opioid overdose reversal drug, supply needs of first responder agencies, including those agencies that are not receiving grants under this section. (g) Rural areas with limited access to emergency medical services In making grants under this section, the Secretary shall ensure that not less than 25 percent of grant funds are awarded to eligible entities that are not located in metropolitan statistical areas, as defined by the Office of Management and Budget. . 203. Prescription drug take back expansion (a) Definition of covered entity In this section, the term covered entity means— (1) a State, local, or tribal law enforcement agency; (2) a manufacturer, distributor, or reverse distributor of prescription medications; (3) a retail pharmacy; (4) a registered narcotic treatment program; (5) a hospital or clinic with an on-site pharmacy; (6) an eligible long-term care facility; or (7) any other entity authorized by the Drug Enforcement Administration to dispose of prescription medications. (b) Program authorized The Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall coordinate with covered entities in expanding or making available disposal sites for unwanted prescription medications. 204. Heroin and methamphetamine task forces Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 202, is amended by adding at the end the following: 2999. Heroin and methamphetamine task forces The Attorney General may make grants to State law enforcement agencies for investigative purposes— (1) to locate or investigate illicit activities through statewide collaboration, including activities related to— (A) the distribution of heroin or fentanyl, or the unlawful distribution of prescription opioids; or (B) unlawful heroin, fentanyl, and prescription opioid traffickers; and (2) to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers. . III Treatment and recovery 301. Evidence-based opioid and heroin treatment and interventions demonstration Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 204, is amended by adding at the end the following: 2999A. Evidence-based opioid and heroin treatment and interventions demonstration (a) Definitions In this section— (1) the terms Indian tribe and tribal organization have the meaning given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )); (2) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies; (3) the term Secretary means the Secretary of Health and Human Services; and (4) the term State substance abuse agency means the agency of a State responsible for the State prevention, treatment, and recovery system, including management of the Substance Abuse Prevention and Treatment Block Grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (b) Grants (1) Authority to make grants The Secretary, acting through the Director of the Center for Substance Abuse Treatment of the Substance Abuse and Mental Health Services Administration, and in coordination with the Attorney General and other departments or agencies, as appropriate, may award grants to State substance abuse agencies, units of local government, nonprofit organizations, and Indian tribes or tribal organizations that have a high rate, or have had a rapid increase, in the use of heroin or other opioids, in order to permit such entities to expand activities, including an expansion in the availability of medication assisted treatment and other clinically appropriate services, with respect to the treatment of addiction in the specific geographical areas of such entities where there is a high rate or rapid increase in the use of heroin or other opioids. (2) Nature of activities The grant funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids. (c) Geographic distribution The Secretary shall ensure that grants awarded under subsection (b) are distributed equitably among the various regions of the United States and among rural, urban, and suburban areas that are affected by the use of heroin or other opioids. (d) Additional activities In administering grants under subsection (b), the Secretary shall— (1) evaluate the activities supported by grants awarded under subsection (b); (2) disseminate information, as appropriate, derived from the evaluation as the Secretary considers appropriate; (3) provide States, Indian tribes and tribal organizations, and providers with technical assistance in connection with the provision of treatment of problems related to heroin and other opioids; and (4) fund only those applications that specifically support recovery services as a critical component of the grant program. . 302. Criminal justice medication assisted treatment and interventions demonstration (a) Definitions In this section— (1) the term criminal justice agency means a State, local, or tribal— (A) court; (B) prison; (C) jail; or (D) other agency that performs the administration of criminal justice, including prosecution, pretrial services, and community supervision; (2) the term eligible entity means a State, unit of local government, or Indian tribe; and (3) the term Secretary means the Secretary of Health and Human Services. (b) Program authorized The Secretary, in coordination with the Attorney General, may make grants to eligible entities to implement medication assisted treatment programs through criminal justice agencies. (c) Application (1) In general An eligible entity seeking a grant under this section shall submit an application to the Secretary— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) certify that each medication assisted treatment program funded with a grant under this section has been developed in consultation with the Single State Authority for Substance Abuse; and (B) describe how data will be collected and analyzed to determine the effectiveness of the program described in subparagraph (A). (d) Use of funds An eligible entity shall use a grant received under this section for expenses of— (1) a medication assisted treatment program, including the expenses of prescribing medications recognized by the Food and Drug Administration for opioid treatment in conjunction with psychological and behavioral therapy; (2) training criminal justice agency personnel and treatment providers on medication assisted treatment; (3) cross-training personnel providing behavioral health and health services, administration of medicines, and other administrative expenses, including required reports; and (4) the provision of recovery coaches who are responsible for providing mentorship and transition plans to individuals reentering society following incarceration or alternatives to incarceration. (e) Priority consideration with respect to States In awarding grants to States under this section, the Secretary shall give priority to a State that— (1) provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in the administration of naloxone in administering naloxone to counteract opioid overdoses; and (2) submits to the Secretary a certification by the attorney general of the State that the attorney general has— (A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who— (i) have received appropriate training in the administration of naloxone; and (ii) may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (f) Technical assistance The Secretary, in coordination with the Director of the National Institute on Drug Abuse and the Attorney General, shall provide technical assistance and training for an eligible entity receiving a grant under this section. (g) Reports (1) In general An eligible entity receiving a grant under this section shall submit a report to the Secretary on the outcomes of each grant received under this section for individuals receiving medication assisted treatment, based on— (A) the recidivism of the individuals; (B) the treatment outcomes of the individuals, including maintaining abstinence from illegal, unauthorized, and unprescribed or undispensed opioids and heroin; (C) a comparison of the cost of providing medication assisted treatment to the cost of incarceration or other participation in the criminal justice system; (D) the housing status of the individuals; and (E) the employment status of the individuals. (2) Contents and timing Each report described in paragraph (1) shall be submitted annually in such form, containing such information, and on such dates as the Secretary shall specify. (h) Funding During the 5-year period beginning on the date of enactment of this Act, the Secretary shall carry out this section using funds made available to the Substance Abuse and Mental Health Services Administration for Criminal Justice Activities. 303. National youth recovery initiative Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 301, is amended by adding at the end the following: 2999B. National youth recovery initiative (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a high school that has been accredited as a recovery high school by the Association of Recovery Schools; (B) an accredited high school that is seeking to establish or expand recovery support services; (C) an institution of higher education; (D) a recovery program at a nonprofit collegiate institution; or (E) a nonprofit organization. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (3) Recovery program The term recovery program — (A) means a program to help individuals who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and (B) includes peer-to-peer support and communal activities to build recovery skills and supportive social networks. (b) Grants authorized The Secretary of Health and Human Services, in coordination with the Secretary of Education, may award grants to eligible entities to enable the entities to— (1) provide substance use recovery support services to young people in high school and enrolled in institutions of higher education; (2) help build communities of support for young people in recovery through a spectrum of activities such as counseling and health- and wellness-oriented social activities; and (3) encourage initiatives designed to help young people achieve and sustain recovery from substance use disorders. (c) Use of funds Grants awarded under subsection (b) may be used for activities to develop, support, and maintain youth recovery support services, including— (1) the development and maintenance of a dedicated physical space for recovery programs; (2) dedicated staff for the provision of recovery programs; (3) health- and wellness-oriented social activities and community engagement; (4) establishment of recovery high schools; (5) coordination of recovery programs with— (A) substance use disorder treatment programs and systems; (B) providers of mental health services; (C) primary care providers and physicians; (D) the criminal justice system, including the juvenile justice system; (E) employers; (F) housing services; (G) child welfare services; (H) high schools and institutions of higher education; and (I) other programs or services related to the welfare of an individual in recovery from a substance use disorder; (6) the development of peer-to-peer support programs or services; and (7) additional activities that help youths and young adults to achieve recovery from substance use disorders. . 304. Building communities of recovery Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 303, is amended by adding at the end the following: 2999C. Building communities of recovery (a) Definition In this section, the term recovery community organization means an independent nonprofit organization that— (1) mobilizes resources within and outside of the recovery community to increase the prevalence and quality of long-term recovery from substance use disorders; and (2) is wholly or principally governed by people in recovery for substance use disorders who reflect the community served. (b) Grants authorized The Secretary of Health and Human Services may award grants to recovery community organizations to enable such organizations to develop, expand, and enhance recovery services. (c) Federal share The Federal share of the costs of a program funded by a grant under this section may not exceed 50 percent. (d) Use of funds Grants awarded under subsection (b)— (1) shall be used to develop, expand, and enhance community and statewide recovery support services; and (2) may be used to— (A) advocate for individuals in recovery from substance use disorders; (B) build connections between recovery networks, between recovery community organizations, and with other recovery support services, including— (i) substance use disorder treatment programs and systems; (ii) providers of mental health services; (iii) primary care providers and physicians; (iv) the criminal justice system; (v) employers; (vi) housing services; (vii) child welfare agencies; and (viii) other recovery support services that facilitate recovery from substance use disorders; (C) reduce the stigma associated with substance use disorders; (D) conduct public education and outreach on issues relating to substance use disorders and recovery, including— (i) how to identify the signs of addiction; (ii) the resources that are available to individuals struggling with addiction and families who have a family member struggling with or being treated for addiction, including programs that mentor and provide support services to children; (iii) the resources that are available to help support individuals in recovery; and (iv) information on the medical consequences of substance use disorders, including neonatal abstinence syndrome and potential infection with human immunodeficiency virus and viral hepatitis; and (E) carry out other activities that strengthen the network of community support for individuals in recovery. . IV Addressing collateral consequences 401. Correctional education demonstration grant program Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 304, is amended by adding at the end the following: 2999D. Correctional education demonstration grant program (a) Definition In this section, the term eligible entity means a State, unit of local government, nonprofit organization, or Indian tribe. (b) Grant program authorized The Attorney General may make grants to eligible entities to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities, including to pay for— (1) basic education, secondary level academic education, high school equivalency examination preparation, career technical education, and English as a second language instruction at the basic, secondary, or post-secondary levels, for adult and juvenile populations; (2) screening and assessment of inmates to assess education level, needs, occupational interest or aptitude, risk level, and other needs, and case management services; (3) hiring and training of instructors and aides, reimbursement of non-corrections staff and experts, reimbursement of stipends paid to inmate tutors or aides, and the costs of training inmate tutors and aides; (4) instructional supplies and equipment, including occupational program supplies and equipment to the extent that the supplies and equipment are used for instructional purposes; (5) partnerships and agreements with community colleges, universities, and career technology education program providers; (6) certification programs providing recognized high school equivalency certificates and industry recognized credentials; and (7) technology solutions to— (A) meet the instructional, assessment, and information needs of correctional populations; and (B) facilitate the continued participation of incarcerated students in community-based education programs after the students are released from incarceration. (c) Application An eligible entity seeking a grant under this section shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies. (d) Priority considerations In awarding grants under this section, the Attorney General shall give priority to applicants that— (1) assess the level of risk and need of inmates, including by— (A) assessing the need for English as a second language instruction; (B) conducting educational assessments; and (C) assessing occupational interests and aptitudes; (2) target educational services to assessed needs, including academic and occupational at the basic, secondary, or post-secondary level; (3) target career technology education programs to— (A) areas of identified occupational demand; and (B) employment opportunities in the communities in which students are reasonably expected to reside post-release; (4) include a range of appropriate educational opportunities at the basic, secondary, and post-secondary levels; (5) include opportunities for students to attain industry recognized credentials; (6) include partnership or articulation agreements linking institutional education programs with community sited programs provided by adult education program providers and accredited institutions of higher education, community colleges, and vocational training institutions; and (7) explicitly include career pathways models offering opportunities for incarcerated students to develop academic skills, in-demand occupational skills and credentials, occupational experience in institutional work programs or work release programs, and linkages with employers in the community, so that incarcerated students have opportunities to embark on careers with strong prospects for both post-release employment and advancement in a career ladder over time. (e) Requirements An eligible entity desiring a grant under this section shall— (1) describe the evidence-based methodology and outcome measurements that will be used to evaluate each program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; and (2) describe how the program described in paragraph (1) could be broadly replicated if demonstrated to be effective. (f) Control of Internet access An entity that receives a grant under this section may restrict access to the Internet by prisoners, as appropriate and in accordance with Federal and State law, to ensure public safety. . 402. National Task Force on Recovery and Collateral Consequences (a) Definition In this section, the term collateral consequence means a penalty, disability, or disadvantage imposed on an individual who is in recovery for a substance use disorder (including by an administrative agency, official, or civil court ) as a result of a Federal or State conviction for a drug-related offense but not as part of the judgment of the court that imposes the conviction. (b) Establishment (1) In general Not later than 30 days after the date of enactment of this Act, the Attorney General shall establish a bipartisan task force to be known as the Task Force on Recovery and Collateral Consequences (in this section referred to as the Task Force ). (2) Membership (A) Total number of members The Task Force shall include 10 members, who shall be appointed by the Attorney General in accordance with subparagraphs (B) and (C). (B) Members of the task force The Task Force shall include— (i) members who have national recognition and significant expertise in areas such as health care, housing, employment, substance use disorders, mental health, law enforcement, and law; (ii) not fewer than 2 members— (I) who have personally experienced substance abuse or addiction and are in recovery; and (II) not fewer than 1 one of whom has benefitted from medication assisted treatment; and (iii) to the extent practicable, members who formerly served as elected officials at the State and Federal levels. (C) Timing The Attorney General shall appoint the members of the Task Force not later than 60 days after the date on which the Task Force is established under paragraph (1). (3) Chairperson The Task Force shall select a chairperson or co-chairpersons from among the members of the Task Force. (c) Duties of the task force (1) In general The Task Force shall— (A) identify collateral consequences for individuals with Federal or State convictions for drug-related offenses who are in recovery for substance use disorder; and (B) examine any policy basis for the imposition of collateral consequences identified under subparagraph (A) and the effect of the collateral consequences on individuals in recovery from resuming their personal and professional activities. (2) Recommendations Not later than 180 days after the date of the first meeting of the Task Force, the Task Force shall develop recommendations, as it considers appropriate, for proposed legislative and regulatory changes related to the collateral consequences identified under paragraph (1). (3) Collection of information The Task Force shall hold hearings, require the testimony and attendance of witnesses, and secure information from any department or agency of the United States in performing the duties under paragraphs (1) and (2). (4) Report (A) Submission to executive branch Not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall submit a report detailing the findings and recommendations of the Task Force to— (i) the head of each relevant department or agency of the United States; (ii) the President; and (iii) the Vice President. (B) Submission to Congress The individuals who receive the report under subparagraph (A) shall submit to Congress such legislative recommendations, if any, as those individuals consider appropriate based on the report. V Addiction and treatment services for women, families, and veterans 501. Improving treatment for pregnant and postpartum women Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 401, is amended by adding at the end the following: 2999E. Improving treatment for pregnant and postpartum women (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ), acting through the Director of the Center for Substance Abuse Treatment, may carry out a pilot program under which the Secretary makes competitive grants to State substance abuse agencies to— (1) enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; (2) help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in non-residential based settings; and (3) promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery that are evidence-based, including effective family-based programs for women involved with the criminal justice system. (b) Requirements In carrying out the pilot program under this section, the Secretary— (1) shall require State substance abuse agencies to submit to the Secretary applications, in such form and manner and containing such information as specified by the Secretary, to be eligible to receive a grant under the program; (2) shall identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants; (3) shall require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; (4) shall not require that services furnished through such a grant be provided solely to women that reside in facilities; and (5) shall not require that grant recipients under the program make available all services described in section 508(d) of the Public Health Service Act ( 42 U.S.C. 290bb–1(d) ). (c) Required services (1) In general The Secretary shall specify minimum services required to be made available to eligible women through a grant awarded under the pilot program under this section. Such minimum services— (A) shall include the requirements described in section 508(c) of the Public Health Service Act ( 42 U.S.C. 290bb–1(c) ); (B) may include any of the services described in section 508(d) of the Public Health Service Act ( 42 U.S.C. 290bb–1(d) ); (C) may include other services, as appropriate; and (D) shall be based on the recommendations submitted under paragraph (2). (2) Stakeholder input The Secretary shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from a substance use disorder, and other appropriate individuals, for the minimum services described in paragraph (1). (d) Duration The pilot program under this section shall not exceed 5 years. (e) Evaluation and report to Congress (1) In general Out of amounts made available to the Center for Behavioral Health Statistics and Quality, the Director of the Center for Behavioral Health Statistics and Quality, in cooperation with the recipients of grants under this section, shall conduct an evaluation of the pilot program, beginning 1 year after the date on which a grant is first awarded under this section. The Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment, not later than 120 days after completion of such evaluation, shall submit to the relevant Committees of the Senate and the House of Representatives a report on such evaluation. (2) Contents The report to Congress under paragraph (1) shall include, at a minimum, outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs, engagement in treatment services, retention in the appropriate level and duration of services, increased access to the use of drugs approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling, and other appropriate measures. (f) State substance abuse agency defined For purposes of this section, the term State substance abuse agency means, with respect to a State, the agency in such State that manages the substance abuse prevention and treatment block grant program under part B of title XIX of the Public Health Service Act. . 502. Report on grants for family-based substance abuse treatment Section 2925 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s–4 ) is amended— (1) by striking An entity and inserting (a) Entity Reports .—An entity ; and (2) by adding at the end the following: (b) Attorney general report on family-Based substance abuse treatment The Attorney General shall submit to Congress an annual report that describes the number of grants awarded under section 2921(1) and how such grants are used by the recipients for family-based substance abuse treatment programs that serve as alternatives to incarceration for custodial parents to receive treatment and services as a family. . 503. Veterans’ treatment courts Section 2991(j)(1)(B)(ii) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(j)(1)(B)(ii) ) is amended— (1) by inserting (I) after (ii) ; (2) in subclause (I), as so designated, by striking the period and inserting ; or ; and (3) by adding at the end the following: (II) was discharged or released from such service under dishonorable conditions, if the reason for that discharge or release, if known, is attributable to drug use. . VI Incentivizing State comprehensive initiatives to address opioid and heroin abuse 601. State demonstration grants for comprehensive opioid abuse response (a) Definitions In this section— (1) the term dispenser has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); (2) the term prescriber of a schedule II, III, or IV controlled substance does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance— (A) for use on the premises on which the substance is dispensed; (B) in a hospital emergency room, when the substance is in short supply; (C) for a certified opioid treatment program; or (D) in other situations as the Attorney General may reasonably determine; (3) the term prescriber means a dispenser who prescribes a controlled substance, or the agent of such a dispenser; and (4) the term schedule II, III, or IV controlled substance means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (b) Planning and implementation grants (1) In general The Attorney General, in coordination with the Secretary of Health and Human Services and in consultation with the Director of the Office of National Drug Control Policy, may award grants to States, and combinations thereof, to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative. (2) Purposes A State receiving a grant under this section shall establish a comprehensive response to opioid abuse, which shall include— (A) prevention and education efforts around heroin and opioid use, treatment, and recovery, including education of residents, medical students, and physicians and other prescribers of schedule II, III, or IV controlled substances on relevant prescribing guidelines and the prescription drug monitoring program of the State ; (B) a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which shall— (i) provide for data sharing with other States by statute, regulation, or interstate agreement; and (ii) allow for access to all individuals authorized by the State to write prescriptions for schedule II, III, or IV controlled substances on the prescription drug monitoring program of the State. (C) developing, implementing, or expanding prescription drug and opioid addiction treatment programs by— (i) expanding programs for medication assisted treatment of prescription drug and opioid addiction, including training for treatment and recovery support providers; (ii) developing, implementing, or expanding programs for behavioral health therapy for individuals who are in treatment for prescription drug and opioid addiction; (iii) developing, implementing, or expanding programs to screen individuals who are in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and provide treatment for those individuals if clinically appropriate; or (iv) developing, implementing, or expanding programs that provide screening, early intervention, and referral to treatment (commonly known as SBIRT ) to teenagers and young adults in primary care, middle schools, high schools, universities, school-based health centers, and other community-based health care settings frequently accessed by teenagers or young adults; and (D) developing, implementing, and expanding programs to prevent overdose death from prescription medications and opioids. (3) Planning grant applications (A) Application (i) In general A State seeking a planning grant under this section to prepare a comprehensive plan for an integrated opioid abuse response initiative shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may require. (ii) Requirements An application for a planning grant under this section shall, at a minimum, include— (I) a budget and a budget justification for the activities to be carried out using the grant; (II) a description of the activities proposed to be carried out using the grant, including a schedule for completion of such activities; (III) outcome measures that will be used to measure the effectiveness of the programs and initiatives to address opioids; and (IV) a description of the personnel necessary to complete such activities. (B) Period; nonrenewability A planning grant under this section shall be for a period of 1 year. A State may not receive more than 1 planning grant under this section. (C) Amount A planning grant under this section may not exceed $100,000. (D) Strategic plan and program implementation plan A State receiving a planning grant under this section shall develop a strategic plan and a program implementation plan. (4) Implementation grants (A) Application A State seeking an implementation grant under this section to implement a comprehensive strategy for addressing opioid abuse shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may require. (B) Use of funds A State that receives an implementation grant under this section shall use the grant for the cost of carrying out an integrated opioid abuse response program in accordance with this section, including for technical assistance, training, and administrative expenses. (C) Requirements An integrated opioid abuse response program carried out using an implementation grant under this section shall— (i) require that each prescriber of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; and (II) consults the prescription drug monitoring program database of the State before prescribing a schedule II, III, or IV controlled substance; (ii) require that each dispenser of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; (II) consults the prescription drug monitoring program database of the State before dispensing a schedule II, III, or IV controlled substance; and (III) reports to the prescription drug monitoring program of the State, at a minimum, each instance in which a schedule II, III, or IV controlled substance is dispensed, with limited exceptions, as defined by the State, which shall indicate the prescriber by name and National Provider Identifier; (iii) require that, not fewer than 4 times each year, the State agency or agencies that administer the prescription drug monitoring program of the State prepare and provide to each prescriber of a schedule II, III, or IV controlled substance an informational report that shows how the prescribing patterns of the prescriber compare to prescribing practices of the peers of the prescriber and expected norms; (iv) if informational reports provided to a prescriber under clause (iii) indicate that the prescriber is repeatedly falling outside of expected norms or standard practices for the prescriber's field, direct the prescriber to educational resources on appropriate prescribing of controlled substances; (v) ensure that the prescriber licensing board of the State receives a report describing any prescribers that repeatedly fall outside of expected norms or standard practices for the prescriber's field, as described in clause (iii); (vi) require consultation with the Single State Authority for Substance Abuse; and (vii) establish requirements for how data will be collected and analyzed to determine the effectiveness of the program. (D) Period An implementation grant under this section shall be for a period of 2 years. (E) Amount The amount of an implementation grant under this section may not exceed $5,000,000. (5) Priority considerations In awarding planning and implementation grants under this section, the Attorney General shall give priority to a State that— (A) (i) provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in the administration of naloxone in administering naloxone to counteract opioid overdoses; and (ii) submits to the Attorney General a certification by the attorney general of the State that the attorney general has— (I) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who— (aa) have received appropriate training in the administration of naloxone; and (bb) may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons; (B) has in effect legislation or implements a policy under which the State shall not terminate, but may suspend, enrollment under the State plan for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for an individual who is incarcerated for a period of fewer than 2 years; (C) has a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration; (D) ensures the capability of data sharing with other States, such as by making data available to a prescription monitoring hub; (E) ensures that data recorded in the prescription drug monitoring program database of the State is available within 24 hours, to the extent possible; and (F) ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected. (c) Authorization of Funding For each of fiscal years 2016 through 2020, the Attorney General may use, from any unobligated balances made available under the heading GENERAL ADMINISTRATION to the Department of Justice in an appropriations Act, such amounts as are necessary to carry out this section, not to exceed $5,000,000 per fiscal year. VII Miscellaneous 701. GAO report on IMD exclusion (a) Definition In this section, the term Medicaid Institutions for Mental Disease exclusion means the prohibition on Federal matching payments under Medicaid for patients who have attained age 22, but have not attained age 65, in an institution for mental diseases under subparagraph (B) of the matter following subsection (a) of section 1905 of the Social Security Act and subsection (i) of such section ( 42 U.S.C. 1396d ). (b) Report required Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the impact that the Medicaid Institutions for Mental Disease exclusion has on access to treatment for individuals with a substance use disorder. (c) Elements The report required under subsection (b) shall include a review of what is known regarding— (1) Medicaid beneficiary access to substance use disorder treatments in institutions for mental disease; and (2) the quality of care provided to Medicaid beneficiaries treated in and outside of institutions for mental disease for substance use disorders. 702. Funding Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 501, is amended by adding at the end the following: 2999F. Funding There are authorized to be appropriated to the Attorney General and the Secretary of Health and Human Services to carry out this part $77,900,000 for each of fiscal years 2016 through 2020. . 703. Conforming amendments Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ) is amended— (1) in the part heading, by striking CONFRONTING USE OF METHAMPHETAMINE and inserting COMPREHENSIVE ADDICTION AND RECOVERY ; and (2) in section 2996(a)(1), by striking this part and inserting this section . 704. Grant accountability (a) Grants under part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 702, is amended by adding at the end the following: 2999G. Grant accountability (a) Definitions In this section— (1) the term applicable committees — (A) with respect to the Attorney General and any other official of the Department of Justice, means— (i) the Committee on the Judiciary of the Senate; and (ii) the Committee on the Judiciary of the House of Representatives; and (B) with respect to the Secretary of Health and Human Services and any other official of the Department of Health and Human Services, means— (i) the Committee on Health, Education, Labor, and Pensions of the Senate; and (ii) the Committee on Energy and Commerce of the House of Representatives; (2) the term covered agency means— (A) the Department of Justice; and (B) the Department of Health and Human Services; and (3) the term covered official means— (A) the Attorney General; and (B) the Secretary of Health and Human Services. (b) Accountability All grants awarded by a covered official under this part shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of a covered agency that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months after the date on which the final audit report is issued. (B) Audit Beginning in the first fiscal year beginning after the date of enactment of this section, and in each fiscal year thereafter, the Inspector General of a covered agency shall conduct audits of recipients of grants awarded by the applicable covered official under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority In awarding grants under this part, a covered official shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part. (E) Reimbursement If an entity is awarded grant funds under this part during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the covered official that awarded the grant funds shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this paragraph and the grant programs under this part, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (B) Prohibition A covered official may not award a grant under this part to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. (C) Disclosure Each nonprofit organization that is awarded a grant under this part and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the applicable covered official, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, a covered official shall make the information disclosed under this subparagraph available for public inspection. (3) Conference expenditures (A) Limitation No amounts made available to a covered official under this part may be used by the covered official, or by any individual or entity awarded discretionary funds through a cooperative agreement under this part, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the covered official, unless the covered official provides prior written authorization that the funds may be expended to host the conference. (B) Written authorization Written authorization under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. (C) Report (i) Department of Justice The Deputy Attorney General shall submit to the applicable committees an annual report on all conference expenditures approved by the Attorney General under this paragraph. (ii) Department of Health and Human Services The Deputy Secretary of Health and Human Services shall submit to the applicable committees an annual report on all conference expenditures approved by the Secretary of Health and Human Services under this paragraph. (4) Annual certification Beginning in the first fiscal year beginning after the date of enactment of this section, each covered official shall submit to the applicable committees an annual certification— (A) indicating whether— (i) all audits issued by the Office of the Inspector General of the applicable agency under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director, or the appropriate official of the Department of Health and Human Services, as applicable; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and (iii) all reimbursements required under paragraph (1)(E) have been made; and (B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. (c) Preventing duplicative grants (1) In general Before a covered official awards a grant to an applicant under this part, the covered official shall compare potential grant awards with other grants awarded under this part by the covered official to determine if duplicate grant awards are awarded for the same purpose. (2) Report If a covered official awards duplicate grants to the same applicant for the same purpose, the covered official shall submit to the applicable committees a report that includes— (A) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and (B) the reason the covered official awarded the duplicate grants. . (b) Other grants (1) Definitions In this subsection— (A) the term applicable committees — (i) with respect to the Attorney General and any other official of the Department of Justice, means— (I) the Committee on the Judiciary of the Senate; and (II) the Committee on the Judiciary of the House of Representatives; and (ii) with respect to the Secretary of Health and Human Services and any other official of the Department of Health and Human Services, means— (I) the Committee on Health, Education, Labor, and Pensions of the Senate; and (II) the Committee on Energy and Commerce of the House of Representatives; (B) the term covered agency means— (i) the Department of Justice; and (ii) the Department of Health and Human Services; and (C) the term covered official means— (i) the Attorney General; and (ii) the Secretary of Health and Human Services. (2) Accountability All grants awarded by a covered official under section 201, 302, or 601 shall be subject to the following accountability provisions: (A) Audit requirement (i) Definition In this subparagraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of a covered agency that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months after the date on which the final audit report is issued. (ii) Audit Beginning in the first fiscal year beginning after the date of enactment of this Act, and in each fiscal year thereafter, the Inspector General of a covered agency shall conduct audits of recipients of grants awarded by the applicable covered official under section 201, 302, or 601 to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (iii) Mandatory exclusion A recipient of grant funds under section 201, 302, or 601 that is found to have an unresolved audit finding shall not be eligible to receive grant funds under those sections during the first 2 fiscal years beginning after the end of the 12-month period described in clause (i). (iv) Priority In awarding grants under section 201, 302, or 601, a covered official shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under such section. (v) Reimbursement If an entity is awarded grant funds under section 201, 302, or 601 during the 2-fiscal-year period during which the entity is barred from receiving grants under clause (iii), the covered official that awarded the funds shall— (I) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (II) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (B) Nonprofit organization requirements (i) Definition For purposes of this subparagraph and the grant programs under sections 201, 302, and 601, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (ii) Prohibition A covered official may not award a grant under this section 201, 302, or 601 to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. (iii) Disclosure Each nonprofit organization that is awarded a grant under section 201, 302, or 601 and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the applicable covered official, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, a covered official shall make the information disclosed under this clause available for public inspection. (C) Conference expenditures (i) Limitation No amounts made available to a covered official under section 201, 302, or 601 may be used by the covered official, or by any individual or entity awarded discretionary funds through a cooperative agreement under those sections, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the covered official, unless the covered official provides prior written authorization that the funds may be expended to host the conference. (ii) Written authorization Written authorization under clause (i) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. (iii) Report (I) Department of Justice The Deputy Attorney General shall submit to the applicable committees an annual report on all conference expenditures approved by the Attorney General under this subparagraph. (II) Department of Health and Human Services The Deputy Secretary of Health and Human Services shall submit to the applicable committees an annual report on all conference expenditures approved by the Secretary of Health and Human Services under this subparagraph. (D) Annual certification Beginning in the first fiscal year beginning after the date of enactment of this Act, each covered official shall submit to the applicable committees an annual certification— (i) indicating whether— (I) all audits issued by the Office of the Inspector General of the applicable agency under subparagraph (A) have been completed and reviewed by the appropriate Assistant Attorney General or Director, or the appropriate official of the Department of Health and Human Services, as applicable; (II) all mandatory exclusions required under subparagraph (A)(iii) have been issued; and (III) all reimbursements required under subparagraph (A)(v) have been made; and (ii) that includes a list of any grant recipients excluded under subparagraph (A) from the previous year. (3) Preventing duplicative grants (A) In general Before a covered official awards a grant to an applicant under section 201, 302, or 601, the covered official shall compare potential grant awards with other grants awarded under those sections by the covered official to determine if duplicate grant awards are awarded for the same purpose. (B) Report If a covered official awards duplicate grants to the same applicant for the same purpose, the covered official shall submit to the to the applicable committees a report that includes— (i) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and (ii) the reason the covered official awarded the duplicate grants.

February 22, 2016 Reported with an amendment

tv_txt: 114th CONGRESS 2d Session S. 524 IN THE SENATE OF THE UNITED STATES AN ACT To authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use.

1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Addiction and Recovery Act of 2016 . (b) Table of contents The table of contents for 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 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. 2. Findings Congress finds the following: (1) The abuse of heroin and prescription opioid painkillers is having a devastating effect on public health and safety in communities across the United States. According to the Centers for Disease Control and Prevention, drug overdose deaths now surpass traffic accidents in the number of deaths caused by injury in the United States. In 2014, an average of more than 120 people in the United States died from drug overdoses every day. (2) According to the National Institute on Drug Abuse (commonly known as NIDA ), the number of prescriptions for opioids increased from approximately 76,000,000 in 1991 to nearly 207,000,000 in 2013, and the United States is the biggest consumer of opioids globally, accounting for almost 100 percent of the world total for hydrocodone and 81 percent for oxycodone. (3) Opioid pain relievers are the most widely misused or abused controlled prescription drugs (commonly referred to as CPDs ) and are involved in most CPD-related overdose incidents. According to the Drug Abuse Warning Network (commonly known as DAWN ), the estimated number of emergency department visits involving nonmedical use of prescription opiates or opioids increased by 112 percent between 2006 and 2010, from 84,671 to 179,787. (4) The use of heroin in the United States has also spiked sharply in recent years. According to the most recent National Survey on Drug Use and Health, more than 900,000 people in the United States reported using heroin in 2014, nearly a 35 percent increase from the previous year. Heroin overdose deaths more than tripled from 2010 to 2014. (5) The supply of cheap heroin available in the United States has increased dramatically as well, largely due to the activity of Mexican drug trafficking organizations. The Drug Enforcement Administration (commonly known as the DEA ) estimates that heroin seizures at the Mexican border have more than doubled since 2010, and heroin production in Mexico increased 62 percent from 2013 to 2014. While only 8 percent of State and local law enforcement officials across the United States identified heroin as the greatest drug threat in their area in 2008, that number rose to 38 percent in 2015. (6) Law enforcement officials and treatment experts throughout the country report that many people who have misused prescription opioids have turned to heroin as a cheaper or more easily obtained alternative to prescription opioids. (7) According to a report by the National Association of State Alcohol and Drug Abuse Directors (commonly referred to as NASADAD ), 37 States reported an increase in admissions to treatment for heroin use during the past 2 years, while admissions to treatment for prescription opiates increased 500 percent from 2000 to 2012. (8) Research indicates that combating the opioid crisis, including abuse of prescription painkillers and, increasingly, heroin, requires a multipronged approach that involves prevention, education, monitoring, law enforcement initiatives, reducing drug diversion and the supply of illicit drugs, expanding delivery of existing treatments (including medication assisted treatments), expanding access to overdose medications and interventions, and the development of new medications for pain that can augment the existing treatment arsenal. (9) Substance use disorders are a treatable disease. Discoveries in the science of addiction have led to advances in the treatment of substance use disorders that help people stop abusing drugs and prescription medications and resume their productive lives. (10) According to the National Survey on Drug Use and Health, approximately 22,700,000 people in the United States needed substance use disorder treatment in 2013, but only 2,500,000 people received it. Furthermore, current treatment services are not adequate to meet demand. According to a report commissioned by the Substance Abuse and Mental Health Services Administration (commonly known as SAMHSA ), there are approximately 32 providers for every 1,000 individuals needing substance use disorder treatment. In some States, the ratio is much lower. (11) The overall cost of drug abuse, from health care- and criminal justice-related costs to lost productivity, is steep, totaling more than $700,000,000,000 a year, according to NIDA. Effective substance abuse prevention can yield major economic dividends. (12) According to NIDA, when schools and communities properly implement science-validated substance abuse prevention programs, abuse of alcohol, tobacco, and illicit drugs is reduced. Such programs help teachers, parents, and healthcare professionals shape the perceptions of youths about the risks of drug abuse. (13) Diverting certain individuals with substance use disorders from criminal justice systems into community-based treatment can save billions of dollars and prevent sizeable numbers of crimes, arrests, and re-incarcerations over the course of those individuals’ lives. (14) According to the DEA, more than 2,700 tons of expired, unwanted prescription medications have been collected since the enactment of the Secure and Responsible Drug Disposal Act of 2010 ( Public Law 111–273 ; 124 Stat. 2858). (15) Faith-based, holistic, or drug-free models can provide a critical path to successful recovery for a number of people in the United States. The 2015 membership survey conducted by Alcoholics Anonymous (commonly known as AA ) found that 73 percent of AA members were sober longer than 1 year and attended 2.5 meetings per week. (16) Research shows that combining treatment medications with behavioral therapy is an effective way to facilitate success for some patients. Treatment approaches must be tailored to address the drug abuse patterns and drug-related medical, psychiatric, and social problems of each individual. Different types of medications may be useful at different stages of treatment or recovery to help a patient stop using drugs, stay in treatment, and avoid relapse. Patients have a range of options regarding their path to recovery and many have also successfully addressed drug abuse through the use of faith-based, holistic, or drug-free models. (17) Individuals with mental illness, especially severe mental illness, are at considerably higher risk for substance abuse than the general population, and the presence of a mental illness complicates recovery from substance abuse. (18) Rural communities are especially susceptible to heroin and opioid abuse. Individuals in rural counties have higher rates of drug poisoning deaths, including deaths from opioids. According to the American Journal of Public Health, [O]pioid poisonings in nonmetropolitan counties have increased at a rate greater than threefold the increase in metropolitan counties. According to a February 19, 2016, report from the Maine Rural Health Research Center, [M]ultiple studies document a higher prevalence [of abuse] among specific vulnerable rural populations, particularly among youth, women who are pregnant or experiencing partner violence, and persons with co-occurring disorders. 3. Definitions In this Act— (1) the term first responder includes a firefighter, law enforcement officer, paramedic, emergency medical technician, or other individual (including an employee of a legally organized and recognized volunteer organization, whether compensated or not), who, in the course of professional duties, responds to fire, medical, hazardous material, or other similar emergencies; (2) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies; (3) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and (4) the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. I Prevention and education 101. Development of best practices for the prescribing of prescription opioids (a) Definitions In this section— (1) the term Secretary means the Secretary of Health and Human Services; and (2) the term task force means the Pain Management Best Practices Interagency Task Force convened under subsection (b). (b) Interagency Task Force Not later than December 14, 2018, the Secretary, in cooperation with the Secretary of Veterans Affairs, the Secretary of Defense, and the Administrator of the Drug Enforcement Administration, shall convene a Pain Management Best Practices Interagency Task Force to review, modify, and update, as appropriate, best practices for pain management (including chronic and acute pain) and prescribing pain medication. (c) Membership The task force shall be comprised of— (1) representatives of— (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Food and Drug Administration; (D) the Department of Defense; (E) the Drug Enforcement Administration; (F) the Centers for Disease Control and Prevention; (G) the National Academy of Medicine; (H) the National Institutes of Health; (I) the Office of National Drug Control Policy; and (J) the Office of Rural Health Policy of the Department of Health and Human Services; (2) physicians, dentists, and nonphysician prescribers; (3) pharmacists; (4) experts in the fields of pain research and addiction research; (5) representatives of— (A) pain management professional organizations; (B) the mental health treatment community; (C) the addiction treatment community; (D) pain advocacy groups; and (E) groups with expertise around overdose reversal; and (6) other stakeholders, as the Secretary determines appropriate. (d) Duties The task force shall— (1) not later than 180 days after the date on which the task force is convened under subsection (b), review, modify, and update, as appropriate, best practices for pain management (including chronic and acute pain) and prescribing pain medication, taking into consideration— (A) existing pain management research; (B) recommendations from relevant conferences and existing relevant evidence-based guidelines; (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies, including consideration of alternatives to opioids to reduce opioid monotherapy in appropriate cases; (D) the management of high-risk populations, other than populations who suffer pain, who— (i) may use or be prescribed benzodiazepines, alcohol, and diverted opioids; or (ii) receive opioids in the course of medical care; and (E) the Proposed 2016 Guideline for Prescribing Opioids for Chronic Pain issued by the Centers for Disease Control and Prevention (80 Fed. Reg. 77351 (December 14, 2015)) and any final guidelines issued by the Centers for Disease Control and Prevention; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; and (3) develop a strategy for disseminating information about the best practices to stakeholders, as appropriate. (e) Limitation The task force shall not have rulemaking authority. (f) Report Not later than 270 days after the date on which the task force is convened under subsection (b), the task force shall submit to Congress a report that includes— (1) the strategy for disseminating best practices for pain management (including chronic and acute pain) and prescribing pain medication, as reviewed, modified, or updated under subsection (d); and (2) recommendations for effectively applying the best practices described in paragraph (1) to improve prescribing practices at medical facilities, including medical facilities of the Veterans Health Administration. 102. Awareness campaigns (a) In general The Secretary of Health and Human Services, in coordination with the Attorney General, shall advance the education and awareness of the public, providers, patients, consumers, and other appropriate entities regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed, including opioid and methadone abuse. Such education and awareness campaigns shall include information on the dangers of opioid abuse, how to prevent opioid abuse including through safe disposal of prescription medications and other safety precautions, and detection of early warning signs of addiction. (b) Drug-Free Media Campaign (1) In general The Office of National Drug Control Policy, in coordination with the Secretary of Health and Human Services and the Attorney General, shall establish a national drug awareness campaign. (2) Requirements The national drug awareness campaign required under paragraph (1) shall— (A) take into account the association between prescription opioid abuse and heroin use; (B) emphasize the similarities between heroin and prescription opioids and the effects of heroin and prescription opioids on the human body; and (C) bring greater public awareness to the dangerous effects of fentanyl when mixed with heroin or abused in a similar manner. 103. Community-based coalition enhancement grants to address local drug crises Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ) is amended by striking section 2997 and inserting the following: 2997. Community-based coalition enhancement grants to address local drug crises (a) Definitions In this section— (1) the term Drug-Free Communities Act of 1997 means chapter 2 of the National Narcotics Leadership Act of 1988 ( 21 U.S.C. 1521 et seq. ); (2) the term eligible entity means an organization that— (A) on or before the date of submitting an application for a grant under this section, receives or has received a grant under the Drug-Free Communities Act of 1997; and (B) has documented, using local data, rates of abuse of opioids or methamphetamines at levels that are— (i) significantly higher than the national average as determined by the Secretary (including appropriate consideration of the results of the Monitoring the Future Survey published by the National Institute on Drug Abuse and the National Survey on Drug Use and Health published by the Substance Abuse and Mental Health Services Administration); or (ii) higher than the national average, as determined by the Secretary (including appropriate consideration of the results of the surveys described in clause (i)), over a sustained period of time; (3) the term local drug crisis means, with respect to the area served by an eligible entity— (A) a sudden increase in the abuse of opioids or methamphetamines, as documented by local data; (B) the abuse of prescription medications, specifically opioids or methamphetamines, that is significantly higher than the national average, over a sustained period of time, as documented by local data; or (C) a sudden increase in opioid-related deaths, as documented by local data; (4) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and (5) the term Secretary means the Secretary of Health and Human Services. (b) Program authorized The Secretary, in coordination with the Director of the Office of National Drug Control Policy, may make grants to eligible entities to implement comprehensive community-wide strategies that address local drug crises within the area served by the eligible entity. (c) Application (1) In general An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Criteria As part of an application for a grant under this section, the Secretary shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the local drug crisis within the area served by the eligible entity. (d) Use of funds An eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address the local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); and (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note). (e) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the 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 section, and not to supplant those funds. (f) Evaluation A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing abuse of opioids, methadone, or methamphetamines. (g) 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 Secretary to pay for administrative expenses. . II Law enforcement and treatment 201. Treatment alternative to incarceration programs (a) Definitions In this section: (1) Eligible entity The term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization. (2) Eligible participant The term eligible participant means an individual who— (A) comes into contact with the juvenile justice system or criminal justice system or is arrested or charged with an offense that is not— (i) a crime of violence, as defined under applicable State law or section 3156 of title 18, United States Code; or (ii) a serious drug offense, as defined under section 924(e)(2)(A) of title 18, United States Code; (B) has been screened by a qualified mental health professional and determined to suffer from a substance use disorder, or co-occurring mental illness and substance use disorder, that there is a reasonable basis to believe is related to the commission of the offense; and (C) has been, after consideration of any potential risk of violence to any person in the program or the public if the individual were selected to participate in the program, unanimously approved for participation in a program funded under this section by, as applicable depending on the stage of the criminal justice process— (i) the relevant law enforcement agency; (ii) the prosecuting attorney; (iii) the defense attorney; (iv) the pretrial, probation, or correctional officer; (v) the judge; and (vi) a representative from the relevant mental health or substance abuse agency. (b) Program authorized The Secretary of Health and Human Services, in coordination with the Attorney General, may make grants to eligible entities to— (1) develop, implement, or expand a treatment alternative to incarceration program for eligible participants, including— (A) pre-booking, including pre-arrest, treatment alternative to incarceration programs, including— (i) law enforcement training on substance use disorders and co-occurring mental illness and substance use disorders; (ii) receiving centers as alternatives to incarceration of eligible participants; (iii) specialized response units for calls related to substance use disorders and co-occurring mental illness and substance use disorders; and (iv) other pre-arrest or pre-booking treatment alternative to incarceration models; and (B) post-booking treatment alternative to incarceration programs, including— (i) specialized clinical case management; (ii) pretrial services related to substance use disorders and co-occurring mental illness and substance use disorders; (iii) prosecutor and defender based programs; (iv) specialized probation; (v) programs utilizing the American Society of Addiction Medicine patient placement criteria; (vi) treatment and rehabilitation programs and recovery support services; and (vii) drug courts, DWI courts, and veterans treatment courts; and (2) facilitate or enhance planning and collaboration between State criminal justice systems and State substance abuse systems in order to more efficiently and effectively carry out programs described in paragraph (1) that address problems related to the use of heroin and misuse of prescription drugs among eligible participants. (c) Application (1) In general An eligible entity seeking a grant under this section shall submit an application to the Secretary of Health and Human Services— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Secretary of Health and Human Services may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) provide extensive evidence of collaboration with State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies; (B) demonstrate consultation with the Single State Authority for Substance Abuse (as defined in section 201(e) of the Second Chance Act of 2007 ( 42 U.S.C. 17521(e) )); (C) demonstrate consultation with the Single State criminal justice planning agency; (D) demonstrate that evidence-based treatment practices, including if applicable the use of medication assisted treatment, will be utilized; and (E) demonstrate that evidenced-based screening and assessment tools will be utilized to place participants in the treatment alternative to incarceration program. (d) Requirements Each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall— (1) determine the terms and conditions of participation in the program by eligible participants, taking into consideration the collateral consequences of an arrest, prosecution, or criminal conviction; (2) ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction; (3) for programs described in subsection (b)(2), organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the State, tribal, or local criminal justice agency involved, the duties of which shall include— (A) the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program; and (B) if necessary, the location, apprehension, 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 otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; (5) submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible participant in the program to the relevant State, tribal, or local criminal justice agency; (6) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program, and specifically explain how such measurements will provide valid measures of the impact of the program; and (7) describe how the program could be broadly replicated if demonstrated to be effective. (e) Use of funds An eligible entity shall use a grant received under this section for expenses of a treatment 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 treatment to eligible participants in the program, including medication assisted treatment, aftercare supervision, vocational training, education, and job placement; (3) payments to public and nonprofit private entities that are approved by the State or tribal jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment and mental health treatment to eligible participants in the program; and (4) salaries, personnel costs, and other costs related to strategic planning among State and local government agencies. (f) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the 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 section, and not to supplant those funds. (g) Geographic distribution The Secretary of Health and Human Services shall ensure that, to the extent practicable, the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in— (1) each State; (2) rural, suburban, and urban areas; and (3) tribal jurisdictions. (h) Priority consideration with respect to States In awarding grants to States under this section, the Secretary of Health and Human Services shall give priority to— (1) a State that submits a joint application from the substance abuse agencies and criminal justice agencies of the State that proposes to use grant funds to facilitate or enhance planning and collaboration between the agencies, including coordination to better address the needs of incarcerated populations; and (2) a State that— (A) provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in the administration of naloxone in administering naloxone to counteract opioid overdoses; and (B) submits to the Secretary a certification by the attorney general of the State that the attorney general has— (i) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who— (I) have received appropriate training in the administration of naloxone; and (II) may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (ii) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (i) Reports and evaluations (1) In general Each fiscal year, each recipient of a grant under this section during that fiscal year shall submit to the Secretary of Health and Human Services a report on the outcomes of activities carried out using that grant in such form, containing such information, and on such dates as the Secretary of Health and Human Services shall specify. (2) Contents A report submitted under paragraph (1) shall— (A) describe best practices for treatment alternatives; and (B) identify training requirements for law enforcement officers who participate in treatment alternative to incarceration programs. (j) Funding During the 5-year period beginning on the date of enactment of this Act, the Secretary of Health and Human Services may carry out this section using not more than $5,000,000 each fiscal year of amounts appropriated to the Substance Abuse and Mental Health Services Administration for Criminal Justice Activities. No additional funds are authorized to be appropriated to carry out this section. 202. First responder training for the use of drugs and devices that rapidly reverse the effects of opioids Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 103, is amended by adding at the end the following: 2998. First responder training for the use of drugs and devices that rapidly reverse the effects of opioids (a) Definition In this section— (1) the terms drug and device have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ); (2) the term eligible entity means a State, a unit of local government, or an Indian tribal government; (3) the term first responder includes a firefighter, law enforcement officer, paramedic, emergency medical technician, or other individual (including an employee of a legally organized and recognized volunteer organization, whether compensated or not), who, in the course of professional duties, responds to fire, medical, hazardous material, or other similar emergencies; (4) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and (5) the term Secretary means the Secretary of Health and Human Services. (b) Program authorized The Secretary, in coordination with the Attorney General, may make grants to eligible entities to allow appropriately trained first responders to administer an opioid overdose reversal drug to an individual who has— (1) experienced a prescription opioid or heroin overdose; or (2) been determined to have likely experienced a prescription opioid or heroin overdose. (c) Application (1) In general An eligible entity seeking a grant under this section shall submit an application to the Secretary— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; (C) identify the governmental and community agencies that the program will coordinate; and (D) describe how law enforcement agencies will coordinate with their corresponding State substance abuse and mental health agencies to identify protocols and resources that are available to overdose victims and families, including information on treatment and recovery resources. (d) Use of funds An eligible entity shall use a grant received under this section to— (1) make such opioid overdose reversal drugs or devices that are approved by the Food and Drug Administration, such as naloxone, available to be carried and administered by first responders; (2) train and provide resources for first responders on carrying an opioid overdose reversal drug or device approved by the Food and Drug Administration, such as naloxone, and administering the drug or device to an individual who has experienced, or has been determined to have likely experienced, a prescription opioid or heroin overdose; and (3) establish processes, protocols, and mechanisms for referral to appropriate treatment, which may include an outreach coordinator or team to connect individuals receiving opioid overdose reversal drugs to follow-up services. (e) Technical assistance grants The Secretary shall make a grant for the purpose of providing technical assistance and training on the use of an opioid overdose reversal drug, such as naloxone, to respond to an individual who has experienced, or has been determined to have likely experienced, a prescription opioid or heroin overdose, and mechanisms for referral to appropriate treatment for an eligible entity receiving a grant under this section. (f) Evaluation The Secretary shall conduct an evaluation of grants made under this section to determine— (1) the number of first responders equipped with naloxone, or another opioid overdose reversal drug, for the prevention of fatal opioid and heroin overdose; (2) the number of opioid and heroin overdoses reversed by first responders receiving training and supplies of naloxone, or another opioid overdose reversal drug, through a grant received under this section; (3) the number of calls for service related to opioid and heroin overdose; (4) the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions; and (5) the research, training, and naloxone, or another opioid overdose reversal drug, supply needs of first responder agencies, including those agencies that are not receiving grants under this section. (g) Rural areas with limited access to emergency medical services In making grants under this section, the Secretary shall ensure that not less than 25 percent of grant funds are awarded to eligible entities that are not located in metropolitan statistical areas, as defined by the Office of Management and Budget. . 203. Prescription drug take back expansion (a) Definition of covered entity In this section, the term covered entity means— (1) a State, local, or tribal law enforcement agency; (2) a manufacturer, distributor, or reverse distributor of prescription medications; (3) a retail pharmacy; (4) a registered narcotic treatment program; (5) a hospital or clinic with an onsite pharmacy; (6) an eligible long-term care facility; or (7) any other entity authorized by the Drug Enforcement Administration to dispose of prescription medications. (b) Program authorized The Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall coordinate with covered entities in expanding or making available disposal sites for unwanted prescription medications. 204. Heroin and methamphetamine task forces Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 202, is amended by adding at the end the following: 2999. Heroin and methamphetamine task forces (a) Definition of opioid In this section, the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. (b) Authority The Attorney General may make grants to State law enforcement agencies for investigative purposes— (1) to locate or investigate illicit activities through statewide collaboration, including activities related to— (A) the distribution of heroin or fentanyl, or the unlawful distribution of prescription opioids; or (B) unlawful heroin, fentanyl, and prescription opioid traffickers; and (2) to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers. . III Treatment and recovery 301. Evidence-based prescription opioid and heroin treatment and interventions demonstration Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 204, is amended by adding at the end the following: 2999A. Evidence-based prescription opioid and heroin treatment and interventions demonstration (a) Definitions In this section— (1) the terms Indian tribe and tribal organization have the meaning given those terms in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )); (2) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies; (3) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; (4) the term Secretary means the Secretary of Health and Human Services; and (5) the term State substance abuse agency means the agency of a State responsible for the State prevention, treatment, and recovery system, including management of the Substance Abuse Prevention and Treatment Block Grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (b) Grants (1) Authority to make grants The Secretary, acting through the Director of the Center for Substance Abuse Treatment of the Substance Abuse and Mental Health Services Administration, and in coordination with the Attorney General and other departments or agencies, as appropriate, may award grants to State substance abuse agencies, units of local government, nonprofit organizations, and Indian tribes or tribal organizations that have a high rate, or have had a rapid increase, in the use of heroin or other opioids, in order to permit such entities to expand activities, including an expansion in the availability of medication assisted treatment and other clinically appropriate services, with respect to the treatment of addiction in the specific geographical areas of such entities where there is a high rate or rapid increase in the use of heroin or other opioids. (2) Nature of activities The grant funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids. (c) Geographic distribution The Secretary shall ensure that grants awarded under subsection (b) are distributed equitably among the various regions of the United States and among rural, urban, and suburban areas that are affected by the use of heroin or other opioids. (d) Additional activities In administering grants under subsection (b), the Secretary shall— (1) evaluate the activities supported by grants awarded under subsection (b); (2) disseminate information, as appropriate, derived from the evaluation as the Secretary considers appropriate; (3) provide States, Indian tribes and tribal organizations, and providers with technical assistance in connection with the provision of treatment of problems related to heroin and other opioids; and (4) fund only those applications that specifically support recovery services as a critical component of the grant program. . 302. Criminal justice medication assisted treatment and interventions demonstration (a) Definitions In this section— (1) the term criminal justice agency means a State, local, or tribal— (A) court; (B) prison; (C) jail; or (D) other agency that performs the administration of criminal justice, including prosecution, pretrial services, and community supervision; (2) the term eligible entity means a State, unit of local government, or Indian tribe; and (3) the term Secretary means the Secretary of Health and Human Services. (b) Program authorized The Secretary, in coordination with the Attorney General, may make grants to eligible entities to implement medication assisted treatment programs through criminal justice agencies. (c) Application (1) In general An eligible entity seeking a grant under this section shall submit an application to the Secretary— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) certify that each medication assisted treatment program funded with a grant under this section has been developed in consultation with the Single State Authority for Substance Abuse (as defined in section 201(e) of the Second Chance Act of 2007 ( 42 U.S.C. 17521(e) )); and (B) describe how data will be collected and analyzed to determine the effectiveness of the program described in subparagraph (A). (d) Use of funds An eligible entity shall use a grant received under this section for expenses of— (1) a medication assisted treatment program, including the expenses of prescribing medications recognized by the Food and Drug Administration for opioid treatment in conjunction with psychological and behavioral therapy; (2) training criminal justice agency personnel and treatment providers on medication assisted treatment; (3) cross-training personnel providing behavioral health and health services, administration of medicines, and other administrative expenses, including required reports; and (4) the provision of recovery coaches who are responsible for providing mentorship and transition plans to individuals reentering society following incarceration or alternatives to incarceration. (e) Priority consideration with respect to States In awarding grants to States under this section, the Secretary shall give priority to a State that— (1) provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in the administration of naloxone in administering naloxone to counteract opioid overdoses; and (2) submits to the Secretary a certification by the attorney general of the State that the attorney general has— (A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who— (i) have received appropriate training in the administration of naloxone; and (ii) may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons. (f) Technical assistance The Secretary, in coordination with the Director of the National Institute on Drug Abuse and the Attorney General, shall provide technical assistance and training for an eligible entity receiving a grant under this section. (g) Reports (1) In general An eligible entity receiving a grant under this section shall submit a report to the Secretary on the outcomes of each grant received under this section for individuals receiving medication assisted treatment, based on— (A) the recidivism of the individuals; (B) the treatment outcomes of the individuals, including maintaining abstinence from illegal, unauthorized, and unprescribed or undispensed opioids and heroin; (C) a comparison of the cost of providing medication assisted treatment to the cost of incarceration or other participation in the criminal justice system; (D) the housing status of the individuals; and (E) the employment status of the individuals. (2) Contents and timing Each report described in paragraph (1) shall be submitted annually in such form, containing such information, and on such dates as the Secretary shall specify. (h) Funding During the 5-year period beginning on the date of enactment of this Act, the Secretary may carry out this section using not more than $5,000,000 each fiscal year of amounts appropriated to the Substance Abuse and Mental Health Services Administration for Criminal Justice Activities. No additional funds are authorized to be appropriated to carry out this section. 303. National youth recovery initiative Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 301, is amended by adding at the end the following: 2999B. National youth recovery initiative (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a high school that has been accredited as a recovery high school by the Association of Recovery Schools; (B) an accredited high school that is seeking to establish or expand recovery support services; (C) an institution of higher education; (D) a recovery program at a nonprofit collegiate institution; or (E) a nonprofit organization. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (3) Recovery program The term recovery program — (A) means a program to help individuals who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and (B) includes peer-to-peer support and communal activities to build recovery skills and supportive social networks. (b) Grants authorized The Secretary of Health and Human Services, in coordination with the Secretary of Education, may award grants to eligible entities to enable the entities to— (1) provide substance use disorder recovery support services to young people in high school and enrolled in institutions of higher education; (2) help build communities of support for young people in recovery through a spectrum of activities such as counseling and health- and wellness-oriented social activities; and (3) encourage initiatives designed to help young people achieve and sustain recovery from substance use disorders. (c) Use of funds Grants awarded under subsection (b) may be used for activities to develop, support, and maintain youth recovery support services, including— (1) the development and maintenance of a dedicated physical space for recovery programs; (2) dedicated staff for the provision of recovery programs; (3) health- and wellness-oriented social activities and community engagement; (4) establishment of recovery high schools; (5) coordination of recovery programs with— (A) substance use disorder treatment programs and systems; (B) providers of mental health services; (C) primary care providers and physicians; (D) the criminal justice system, including the juvenile justice system; (E) employers; (F) housing services; (G) child welfare services; (H) high schools and institutions of higher education; and (I) other programs or services related to the welfare of an individual in recovery from a substance use disorder; (6) the development of peer-to-peer support programs or services; and (7) additional activities that help youths and young adults to achieve recovery from substance use disorders. . 304. Building communities of recovery Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 303, is amended by adding at the end the following: 2999C. Building communities of recovery (a) Definition In this section, the term recovery community organization means an independent nonprofit organization that— (1) mobilizes resources within and outside of the recovery community to increase the prevalence and quality of long-term recovery from substance use disorders; and (2) is wholly or principally governed by people in recovery for substance use disorders who reflect the community served. (b) Grants authorized The Secretary of Health and Human Services may award grants to recovery community organizations to enable such organizations to develop, expand, and enhance recovery services. (c) Federal share The Federal share of the costs of a program funded by a grant under this section may not exceed 50 percent. (d) Use of funds Grants awarded under subsection (b)— (1) shall be used to develop, expand, and enhance community and statewide recovery support services; and (2) may be used to— (A) advocate for individuals in recovery from substance use disorders; (B) build connections between recovery networks, between recovery community organizations, and with other recovery support services, including— (i) substance use disorder treatment programs and systems; (ii) providers of mental health services; (iii) primary care providers and physicians; (iv) the criminal justice system; (v) employers; (vi) housing services; (vii) child welfare agencies; and (viii) other recovery support services that facilitate recovery from substance use disorders; (C) reduce the stigma associated with substance use disorders; (D) conduct public education and outreach on issues relating to substance use disorders and recovery, including— (i) how to identify the signs of addiction; (ii) the resources that are available to individuals struggling with addiction and families who have a family member struggling with or being treated for addiction, including programs that mentor and provide support services to children; (iii) the resources that are available to help support individuals in recovery; and (iv) information on the medical consequences of substance use disorders, including neonatal abstinence syndrome and potential infection with human immunodeficiency virus and viral hepatitis; and (E) carry out other activities that strengthen the network of community support for individuals in recovery. . IV Addressing collateral consequences 401. Correctional education demonstration grant program Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 304, is amended by adding at the end the following: 2999D. Correctional education demonstration grant program (a) Definition In this section, the term eligible entity means a State, unit of local government, nonprofit organization, or Indian tribe. (b) Grant program authorized The Attorney General may make grants to eligible entities to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities, including to pay for— (1) basic education, secondary level academic education, high school equivalency examination preparation, career technical education, and English language learner instruction at the basic, secondary, or post-secondary levels, for adult and juvenile populations; (2) screening and assessment of inmates to assess education level and needs, occupational interest or aptitude, risk level, and other needs, and case management services; (3) hiring and training of instructors and aides, reimbursement of non-corrections staff and experts, reimbursement of stipends paid to inmate tutors or aides, and the costs of training inmate tutors and aides; (4) instructional supplies and equipment, including occupational program supplies and equipment to the extent that the supplies and equipment are used for instructional purposes; (5) partnerships and agreements with community colleges, universities, and career technology education program providers; (6) certification programs providing recognized high school equivalency certificates and industry recognized credentials; and (7) technology solutions to— (A) meet the instructional, assessment, and information needs of correctional populations; and (B) facilitate the continued participation of incarcerated students in community-based education programs after the students are released from incarceration. (c) Application An eligible entity seeking a grant under this section shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies. (d) Priority considerations In awarding grants under this section, the Attorney General shall give priority to applicants that— (1) assess the level of risk and need of inmates, including by— (A) assessing the need for English language learner instruction; (B) conducting educational assessments; and (C) assessing occupational interests and aptitudes; (2) target educational services to assessed needs, including academic and occupational at the basic, secondary, or post-secondary level; (3) target career and technology education programs to— (A) areas of identified occupational demand; and (B) employment opportunities in the communities in which students are reasonably expected to reside post-release; (4) include a range of appropriate educational opportunities at the basic, secondary, and post-secondary levels; (5) include opportunities for students to attain industry recognized credentials; (6) include partnership or articulation agreements linking institutional education programs with community sited programs provided by adult education program providers and accredited institutions of higher education, community colleges, and vocational training institutions; and (7) explicitly include career pathways models offering opportunities for incarcerated students to develop academic skills, in-demand occupational skills and credentials, occupational experience in institutional work programs or work release programs, and linkages with employers in the community, so that incarcerated students have opportunities to embark on careers with strong prospects for both post-release employment and advancement in a career ladder over time. (e) Requirements An eligible entity seeking a grant under this section shall— (1) describe the evidence-based methodology and outcome measurements that will be used to evaluate each program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; and (2) describe how each program described in paragraph (1) could be broadly replicated if demonstrated to be effective. (f) Control of Internet access An entity that receives a grant under this section may restrict access to the Internet by prisoners, as appropriate and in accordance with Federal and State law, to ensure public safety. . 402. National Task Force on Recovery and Collateral Consequences (a) Definition In this section, the term collateral consequence means a penalty, disability, or disadvantage imposed on an individual who is in recovery for a substance use disorder (including by an administrative agency, official, or civil court ) as a result of a Federal or State conviction for a drug-related offense but not as part of the judgment of the court that imposes the conviction. (b) Establishment (1) In general Not later than 30 days after the date of enactment of this Act, the Attorney General shall establish a bipartisan task force to be known as the Task Force on Recovery and Collateral Consequences (in this section referred to as the Task Force ). (2) Membership (A) Total number of members The Task Force shall include 10 members, who shall be appointed by the Attorney General in accordance with subparagraphs (B) and (C). (B) Members of the task force The Task Force shall include— (i) members who have national recognition and significant expertise in areas such as health care, housing, employment, substance use disorders, mental health, law enforcement, and law; (ii) not fewer than 2 members— (I) who have personally experienced a substance abuse disorder or addiction and are in recovery; and (II) not fewer than 1 of whom has benefitted from medication assisted treatment; and (iii) to the extent practicable, members who formerly served as elected officials at the State and Federal levels. (C) Timing The Attorney General shall appoint the members of the Task Force not later than 60 days after the date on which the Task Force is established under paragraph (1). (3) Chairperson The Task Force shall select a chairperson or co-chairpersons from among the members of the Task Force. (c) Duties of the task force (1) In general The Task Force shall— (A) identify collateral consequences for individuals with Federal or State convictions for drug-related offenses who are in recovery for substance use disorder; and (B) examine any policy basis for the imposition of collateral consequences identified under subparagraph (A) and the effect of the collateral consequences on individuals in recovery in resuming their personal and professional activities. (2) Recommendations Not later than 180 days after the date of the first meeting of the Task Force, the Task Force shall develop recommendations, as it considers appropriate, for proposed legislative and regulatory changes related to the collateral consequences identified under paragraph (1). (3) Collection of information The Task Force shall hold hearings, require the testimony and attendance of witnesses, and secure information from any department or agency of the United States in performing the duties under paragraphs (1) and (2). (4) Report (A) Submission to executive branch Not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall submit a report detailing the findings and recommendations of the Task Force to— (i) the head of each relevant department or agency of the United States; (ii) the President; and (iii) the Vice President. (B) Submission to Congress The individuals who receive the report under subparagraph (A) shall submit to Congress such legislative recommendations, if any, as those individuals consider appropriate based on the report. V Addiction and treatment services for women, families, and veterans 501. Improving treatment for pregnant and postpartum women (a) In general Section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ) is amended— (1) in subsection (a), by inserting (referred to in this section as the Director ) after Director of the Center for Substance Abuse Treatment ; and (2) in subsection (p), in the first sentence— (A) by striking Committee on Labor and Human Resources and inserting Committee on Health, Education, Labor, and Pensions ; and (B) by inserting (other than subsection (r)) after this section . (b) Pilot program grants for State substance abuse agencies Section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ) is amended— (1) by striking subsection (r); and (2) by inserting after subsection (q) the following: (r) Pilot program for state substance abuse agencies (1) In general The Director shall carry out a pilot program under which the Director makes competitive grants to State substance abuse agencies to— (A) enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; (B) help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in non-residential based settings; and (C) promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery that are evidence-based, including effective family-based programs for women involved with the criminal justice system. (2) Requirements In carrying out the pilot program under this subsection, the Director— (A) shall require State substance abuse agencies to submit to the Director applications, in such form and manner and containing such information as specified by the Director, to be eligible to receive a grant under the program; (B) shall identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants; (C) shall require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; (D) notwithstanding subsection (a)(1), shall not require that services furnished through such a grant be provided solely to women that reside in facilities; and (E) shall not require that grant recipients under the program make available all services described in subsection (d). (3) Required services (A) In general The Director shall specify minimum services required to be made available to eligible women through a grant awarded under the pilot program under this subsection. Such minimum services— (i) shall include the requirements described in subsection (c); (ii) may include any of the services described in subsection (d); (iii) may include other services, as appropriate; and (iv) shall be based on the recommendations submitted under subparagraph (B) (B) Stakeholder input The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from a substance use disorder, and other appropriate individuals, for the minimum services described in subparagraph (A). (4) Duration The pilot program under this subsection shall not exceed 5 years. (5) Evaluation and report to Congress (A) In general Out of amounts made available to the Center for Behavioral Health Statistics and Quality, the Director of the Center for Behavioral Health Statistics and Quality, in cooperation with the recipients of grants under this subsection, shall conduct an evaluation of the pilot program under this subsection, beginning 1 year after the date on which a grant is first awarded under this subsection. The Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment, not later than 120 days after completion of such evaluation, shall submit to the relevant Committees of the Senate and the House of Representatives a report on such evaluation. (B) Contents The report to Congress under subparagraph (A) shall include, at a minimum, outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs, engagement in treatment services, retention in the appropriate level and duration of services, increased access to the use of drugs approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling, and other appropriate measures. (6) Definition of State substance abuse agency For purposes of this subsection, the term State substance abuse agency means, with respect to a State, the agency in such State that manages the substance abuse prevention and treatment block grant program under part B of title XIX. (s) Funding (1) In general For the purpose of carrying out this section, there are authorized to be appropriated $15,900,000 for each of fiscal years 2016 through 2020. (2) Limitation Of the amounts made available under paragraph (1) to carry out this section, not more than 25 percent may be used each fiscal year to carry out subsection (r). . 502. Report on grants for family-based substance abuse treatment Section 2925 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s–4 ) is amended— (1) by striking An entity and inserting (a) Entity Reports .—An entity ; and (2) by adding at the end the following: (b) Attorney general report on family-Based substance abuse treatment The Attorney General shall submit to Congress an annual report that describes the number of grants awarded under section 2921(1) and how such grants are used by the recipients for family-based substance abuse treatment programs that serve as alternatives to incarceration for custodial parents to receive treatment and services as a family. . 503. Veterans’ treatment courts Section 2991(j)(1)(B)(ii) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(j)(1)(B)(ii) ), as amended by the Comprehensive Justice and Mental Health Act of 2015 (S. 993, 114th Congress), is amended— (1) by inserting (I) after (ii) ; (2) in subclause (I), as so designated, by striking the period and inserting ; or ; and (3) by adding at the end the following: (II) was discharged or released from such service under dishonorable conditions, if the reason for that discharge or release, if known, is attributable to a substance use disorder. . VI Incentivizing State comprehensive initiatives to address prescription opioid and heroin abuse 601. State demonstration grants for comprehensive opioid abuse response (a) Definitions In this section— (1) the term dispenser has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); (2) the term prescriber means a dispenser who prescribes a controlled substance, or the agent of such a dispenser; (3) the term prescriber of a schedule II, III, or IV controlled substance does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance— (A) for use on the premises on which the substance is dispensed; (B) in a hospital emergency room, when the substance is in short supply; (C) for a certified opioid treatment program; or (D) in other situations as the Attorney General may reasonably determine; and (4) the term schedule II, III, or IV controlled substance means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (b) Planning and implementation grants (1) In general The Attorney General, in coordination with the Secretary of Health and Human Services and in consultation with the Director of the Office of National Drug Control Policy, may award grants to States, and combinations thereof, to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative. (2) Purposes A State receiving a grant under this section shall establish a comprehensive response to opioid abuse, which shall include— (A) prevention and education efforts around heroin and opioid use, treatment, and recovery, including education of residents, medical students, and physicians and other prescribers of schedule II, III, or IV controlled substances on relevant prescribing guidelines and the prescription drug monitoring program of the State; (B) a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which shall— (i) provide for data sharing with other States by statute, regulation, or interstate agreement; and (ii) allow for access to all individuals authorized by the State to write prescriptions for schedule II, III, or IV controlled substances on the prescription drug monitoring program of the State; (C) developing, implementing, or expanding prescription drug and opioid addiction treatment programs by— (i) expanding programs for medication assisted treatment of prescription drug and opioid addiction, including training for treatment and recovery support providers; (ii) developing, implementing, or expanding programs for behavioral health therapy for individuals who are in treatment for prescription drug and opioid addiction; (iii) developing, implementing, or expanding programs to screen individuals who are in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and provide treatment for those individuals if clinically appropriate; or (iv) developing, implementing, or expanding programs that provide screening, early intervention, and referral to treatment (commonly known as SBIRT ) to teenagers and young adults in primary care, middle schools, high schools, universities, school-based health centers, and other community-based health care settings frequently accessed by teenagers or young adults; and (D) developing, implementing, and expanding programs to prevent overdose death from prescription medications and opioids. (3) Planning grant applications (A) Application (i) In general A State seeking a planning grant under this section to prepare a comprehensive plan for an integrated opioid abuse response initiative shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may require. (ii) Requirements An application for a planning grant under this section shall, at a minimum, include— (I) a budget and a budget justification for the activities to be carried out using the grant; (II) a description of the activities proposed to be carried out using the grant, including a schedule for completion of such activities; (III) outcome measures that will be used to measure the effectiveness of the programs and initiatives to address opioids; and (IV) a description of the personnel necessary to complete such activities. (B) Period; nonrenewability A planning grant under this section shall be for a period of 1 year. A State may not receive more than 1 planning grant under this section. (C) Strategic plan and program implementation plan A State receiving a planning grant under this section shall develop a strategic plan and a program implementation plan. (4) Implementation grants (A) Application A State seeking an implementation grant under this section to implement a comprehensive strategy for addressing opioid abuse shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may require. (B) Use of funds A State that receives an implementation grant under this section shall use the grant for the cost of carrying out an integrated opioid abuse response program in accordance with this section, including for technical assistance, training, and administrative expenses. (C) Requirements An integrated opioid abuse response program carried out using an implementation grant under this section shall— (i) require that each prescriber of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; and (II) consults the prescription drug monitoring program database of the State before prescribing a schedule II, III, or IV controlled substance; (ii) require that each dispenser of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; (II) consults the prescription drug monitoring program database of the State before dispensing a schedule II, III, or IV controlled substance; and (III) reports to the prescription drug monitoring program of the State, at a minimum, each instance in which a schedule II, III, or IV controlled substance is dispensed, with limited exceptions, as defined by the State, which shall indicate the prescriber by name and National Provider Identifier; (iii) require that, not fewer than 4 times each year, the State agency or agencies that administer the prescription drug monitoring program of the State prepare and provide to each prescriber of a schedule II, III, or IV controlled substance an informational report that shows how the prescribing patterns of the prescriber compare to prescribing practices of the peers of the prescriber and expected norms; (iv) if informational reports provided to a prescriber under clause (iii) indicate that the prescriber is repeatedly falling outside of expected norms or standard practices for the prescriber's field, direct the prescriber to educational resources on appropriate prescribing of controlled substances; (v) ensure that the prescriber licensing board of the State receives a report describing any prescribers that repeatedly fall outside of expected norms or standard practices for the prescriber's field, as described in clause (iii); (vi) require consultation with the Single State Authority for Substance Abuse (as defined in section 201(e) of the Second Chance Act of 2007 ( 42 U.S.C. 17521(e) )); and (vii) establish requirements for how data will be collected and analyzed to determine the effectiveness of the program. (D) Period An implementation grant under this section shall be for a period of 2 years. (5) Priority considerations In awarding planning and implementation grants under this section, the Attorney General shall give priority to a State that— (A) (i) provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in the administration of naloxone in administering naloxone to counteract opioid overdoses; and (ii) submits to the Attorney General a certification by the attorney general of the State that the attorney general has— (I) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who— (aa) have received appropriate training in the administration of naloxone; and (bb) may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons; (B) has in effect legislation or implements a policy under which the State shall not terminate, but may suspend, enrollment under the State plan for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for an individual who is incarcerated for a period of fewer than 2 years; (C) has a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration; (D) ensures the capability of data sharing with other States, such as by making data available to a prescription monitoring hub; (E) ensures that data recorded in the prescription drug monitoring program database of the State is available within 24 hours, to the extent possible; and (F) ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected. (c) Authorization of Funding For each of fiscal years 2016 through 2020, the Attorney General may use, from any unobligated balances made available under the heading GENERAL ADMINISTRATION to the Department of Justice in an appropriation Act, such amounts as are necessary to carry out this section, not to exceed $5,000,000 per fiscal year. VII Miscellaneous 701. GAO report on IMD exclusion (a) Definition In this section, the term Medicaid Institutions for Mental Disease exclusion means the prohibition on Federal matching payments under Medicaid for patients who have attained age 22, but have not attained age 65, in an institution for mental diseases under subparagraph (B) of the matter following subsection (a) of section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) and subsection (i) of such section. (b) Report required Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the impact that the Medicaid Institutions for Mental Disease exclusion has on access to treatment for individuals with a substance use disorder. (c) Elements The report required under subsection (b) shall include a review of what is known regarding— (1) Medicaid beneficiary access to substance use disorder treatments in institutions for mental disease; and (2) the quality of care provided to Medicaid beneficiaries treated in and outside of institutions for mental disease for substance use disorders. 702. Funding Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ), as amended by section 401, is amended by adding at the end the following: 2999E. Funding There are authorized to be appropriated to the Attorney General and the Secretary of Health and Human Services to carry out this part $62,000,000 for each of fiscal years 2016 through 2020. . 703. Conforming amendments Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ) is amended— (1) in the part heading, by striking CONFRONTING USE OF METHAMPHETAMINE and inserting COMPREHENSIVE ADDICTION AND RECOVERY ; and (2) in section 2996(a)(1), by striking this part and inserting this section . 704. Grant accountability (a) Grants under part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797cc et seq. ); as amended by section 702, is amended by adding at the end the following: 2999F. Grant accountability (a) Definitions In this section— (1) the term applicable committees — (A) with respect to the Attorney General and any other official of the Department of Justice, means— (i) the Committee on the Judiciary of the Senate; and (ii) the Committee on the Judiciary of the House of Representatives; and (B) with respect to the Secretary of Health and Human Services and any other official of the Department of Health and Human Services, means— (i) the Committee on Health, Education, Labor, and Pensions of the Senate; and (ii) the Committee on Energy and Commerce of the House of Representatives; (2) the term covered agency means— (A) the Department of Justice; and (B) the Department of Health and Human Services; and (3) the term covered official means— (A) the Attorney General; and (B) the Secretary of Health and Human Services. (b) Accountability All grants awarded by a covered official under this part shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of a covered agency that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months after the date on which the final audit report is issued. (B) Audit Beginning in the first fiscal year beginning after the date of enactment of this section, and in each fiscal year thereafter, the Inspector General of a covered agency shall conduct audits of recipients of grants awarded by the applicable covered official under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority In awarding grants under this part, a covered official shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part. (E) Reimbursement If an entity is awarded grant funds under this part during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the covered official that awarded the grant funds shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this paragraph and the grant programs under this part, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (B) Prohibition A covered official may not award a grant under this part to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. (C) Disclosure Each nonprofit organization that is awarded a grant under this part and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the applicable covered official, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, a covered official shall make the information disclosed under this subparagraph available for public inspection. (3) Conference expenditures (A) Limitation No amounts made available to a covered official under this part may be used by the covered official, or by any individual or entity awarded discretionary funds through a cooperative agreement under this part, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the covered official, unless the covered official provides prior written authorization that the funds may be expended to host the conference. (B) Written authorization Written authorization under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. (C) Report (i) Department of Justice The Deputy Attorney General shall submit to the applicable committees an annual report on all conference expenditures approved by the Attorney General under this paragraph. (ii) Department of Health and Human Services The Deputy Secretary of Health and Human Services shall submit to the applicable committees an annual report on all conference expenditures approved by the Secretary of Health and Human Services under this paragraph. (4) Annual certification Beginning in the first fiscal year beginning after the date of enactment of this section, each covered official shall submit to the applicable committees an annual certification— (A) indicating whether— (i) all audits issued by the Office of the Inspector General of the applicable agency under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director, or the appropriate official of the Department of Health and Human Services, as applicable; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and (iii) all reimbursements required under paragraph (1)(E) have been made; and (B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. (c) Preventing duplicative grants (1) In general Before a covered official awards a grant to an applicant under this part, the covered official shall compare potential grant awards with other grants awarded under this part by the covered official to determine if duplicate grant awards are awarded for the same purpose. (2) Report If a covered official awards duplicate grants to the same applicant for the same purpose, the covered official shall submit to the applicable committees a report that includes— (A) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and (B) the reason the covered official awarded the duplicate grants. . (b) Other grants (1) Definitions In this subsection— (A) the term applicable committees — (i) with respect to the Attorney General and any other official of the Department of Justice, means— (I) the Committee on the Judiciary of the Senate; and (II) the Committee on the Judiciary of the House of Representatives; and (ii) with respect to the Secretary of Health and Human Services and any other official of the Department of Health and Human Services, means— (I) the Committee on Health, Education, Labor, and Pensions of the Senate; and (II) the Committee on Energy and Commerce of the House of Representatives; (B) the term covered agency means— (i) the Department of Justice; and (ii) the Department of Health and Human Services; (C) the term covered grant means a grant under section 201, 302, or 601 of this Act or section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ) (as amended by section 501 of this Act); and (D) the term covered official means— (i) the Attorney General; and (ii) the Secretary of Health and Human Services. (2) Accountability All covered grants awarded by a covered official shall be subject to the following accountability provisions: (A) Audit requirement (i) Definition In this subparagraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of a covered agency that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months after the date on which the final audit report is issued. (ii) Audit Beginning in the first fiscal year beginning after the date of enactment of this Act, and in each fiscal year thereafter, the Inspector General of a covered agency shall conduct audits of recipients of covered grants awarded by the applicable covered official to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (iii) Mandatory exclusion A recipient of covered grant funds that is found to have an unresolved audit finding shall not be eligible to receive covered grant funds during the first 2 fiscal years beginning after the end of the 12-month period described in clause (i). (iv) Priority In awarding covered grants, a covered official shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a covered grant. (v) Reimbursement If an entity is awarded covered grant funds during the 2-fiscal-year period during which the entity is barred from receiving grants under clause (iii), the covered official that awarded the funds shall— (I) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (II) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (B) Nonprofit organization requirements (i) Definition For purposes of this subparagraph and the covered grant programs, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (ii) Prohibition A covered official may not award a covered grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. (iii) Disclosure Each nonprofit organization that is awarded a covered grant and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the applicable covered official, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, a covered official shall make the information disclosed under this clause available for public inspection. (C) Conference expenditures (i) Limitation No amounts made available to a covered official under a covered grant program may be used by the covered official, or by any individual or entity awarded discretionary funds through a cooperative agreement under a covered grant program, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the covered official, unless the covered official provides prior written authorization that the funds may be expended to host the conference. (ii) Written authorization Written authorization under clause (i) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. (iii) Report (I) Department of Justice The Deputy Attorney General shall submit to the applicable committees an annual report on all conference expenditures approved by the Attorney General under this subparagraph. (II) Department of Health and Human Services The Deputy Secretary of Health and Human Services shall submit to the applicable committees an annual report on all conference expenditures approved by the Secretary of Health and Human Services under this subparagraph. (D) Annual certification Beginning in the first fiscal year beginning after the date of enactment of this Act, each covered official shall submit to the applicable committees an annual certification— (i) indicating whether— (I) all audits issued by the Office of the Inspector General of the applicable agency under subparagraph (A) have been completed and reviewed by the appropriate Assistant Attorney General or Director, or the appropriate official of the Department of Health and Human Services, as applicable; (II) all mandatory exclusions required under subparagraph (A)(iii) have been issued; and (III) all reimbursements required under subparagraph (A)(v) have been made; and (ii) that includes a list of any grant recipients excluded under subparagraph (A) from the previous year. (3) Preventing duplicative grants (A) In general Before a covered official awards a covered grant to an applicant, the covered official shall compare potential grant awards with other covered grants awarded by the covered official to determine if duplicate grant awards are awarded for the same purpose. (B) Report If a covered official awards duplicate grants to the same applicant for the same purpose, the covered official shall submit to the applicable committees a report that includes— (i) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and (ii) the reason the covered official awarded the duplicate grants. 705. Programs to prevent prescription drug abuse under the Medicare program (a) Drug Management Program for At-Risk Beneficiaries (1) In general Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ) is amended by adding at the end the following: (5) Drug management program for at-risk beneficiaries (A) Authority to establish A PDP sponsor may establish a drug management program for at-risk beneficiaries under which, subject to subparagraph (B) , the PDP sponsor may, in the case of an at-risk beneficiary for prescription drug abuse who is an enrollee in a prescription drug plan of such PDP sponsor, limit such beneficiary’s access to coverage for frequently abused drugs under such plan to frequently abused drugs that are prescribed for such beneficiary by a prescriber (or prescribers) selected under subparagraph (D), and dispensed for such beneficiary by a pharmacy (or pharmacies) selected under such subparagraph. (B) Requirement for notices (i) In general A PDP sponsor may not limit the access of an at-risk beneficiary for prescription drug abuse to coverage for frequently abused drugs under a prescription drug plan until such sponsor— (I) provides to the beneficiary an initial notice described in clause (ii) and a second notice described in clause (iii); and (II) verifies with the providers of the beneficiary that the beneficiary is an at-risk beneficiary for prescription drug abuse, as described in subparagraph (C)(iv). (ii) Initial notice An initial written notice described in this clause is a notice that provides to the beneficiary— (I) notice that the PDP sponsor has identified the beneficiary as potentially being an at-risk beneficiary for prescription drug abuse; (II) information, when possible, describing State and Federal public health resources that are designed to address prescription drug abuse to which the beneficiary may have access, including substance use disorder treatment services, addiction treatment services, mental health services, and other counseling services; (III) a request for the beneficiary to submit to the PDP sponsor preferences for which prescribers and pharmacies the beneficiary would prefer the PDP sponsor to select under subparagraph (D) in the case that the beneficiary is identified as an at-risk beneficiary for prescription drug abuse as described in clause (iii)(I); (IV) an explanation of the meaning and consequences of the identification of the beneficiary as potentially being an at-risk beneficiary for prescription drug abuse, including an explanation of the drug management program established by the PDP sponsor pursuant to subparagraph (A); (V) clear instructions that explain how the beneficiary can contact the PDP sponsor in order to submit to the PDP sponsor the preferences described in subclause (IV) and any other communications relating to the drug management program for at-risk beneficiaries established by the PDP sponsor; (VI) contact information for other organizations that can provide the beneficiary with information regarding drug management program for at-risk beneficiaries (similar to the information provided by the Secretary in other standardized notices to part D eligible individuals enrolled in prescription drug plans under this part); and (VII) notice that the beneficiary has a right to an appeal pursuant to subparagraph (E). (iii) Second notice A second written notice described in this clause is a notice that provides to the beneficiary notice— (I) that the PDP sponsor has identified the beneficiary as an at-risk beneficiary for prescription drug abuse; (II) that such beneficiary has been sent, or informed of, such identification in the initial notice and is now subject to the requirements of the drug management program for at-risk beneficiaries established by such PDP sponsor for such plan; (III) of the prescriber and pharmacy selected for such individual under subparagraph (D) ; (IV) of, and information about, the right of the beneficiary to a reconsideration and an appeal under subsection (h) of such identification and the prescribers and pharmacies selected; (V) that the beneficiary can, in the case that the beneficiary has not previously submitted to the PDP sponsor preferences for which prescribers and pharmacies the beneficiary would prefer the PDP sponsor select under subparagraph (D), submit such preferences to the PDP sponsor; and (VI) that includes clear instructions that explain how the beneficiary can contact the PDP sponsor in order to submit to the PDP sponsor the preferences described in subclause (V). (iv) Timing of notices (I) In general Subject to subclause (II), a second written notice described in clause (iii) shall be provided to the beneficiary on a date that is not less than 30 days after an initial notice described in clause (ii) is provided to the beneficiary. (II) Exception In the case that the PDP sponsor, in conjunction with the Secretary, determines that concerns identified through rulemaking by the Secretary regarding the health or safety of the beneficiary or regarding significant drug diversion activities require the PDP sponsor to provide a second notice described in clause (iii) to the beneficiary on a date that is earlier than the date described in subclause (II), the PDP sponsor may provide such second notice on such earlier date. (III) Form of notice The written notices under clauses (ii) and (iii) shall be in a format determined appropriate by the Secretary, taking into account beneficiary preferences. (C) At-risk beneficiary for prescription drug abuse (i) In general For purposes of this paragraph, the term at-risk beneficiary for prescription drug abuse means a part D eligible individual who is not an exempted individual described in clause (ii) and— (I) who is identified through criteria developed by the Secretary in consultation with PDP sponsors and other stakeholders described in subsection section __(g)(2)(A) of the Comprehensive Addiction and Recovery Act of 2016 based on clinical factors indicating misuse or abuse of prescription drugs described in subparagraph (G), including dosage, quantity, duration of use, number of and reasonable access to prescribers, and number of and reasonable access to pharmacies used to obtain such drug; or (II) with respect to whom the PDP sponsor of a prescription drug plan, upon enrolling such individual in such plan, received notice from the Secretary that such individual was identified under this paragraph to be an at-risk beneficiary for prescription drug abuse under a prescription drug plan in which such individual was previously enrolled and such identification has not been terminated under subparagraph (F). (ii) Exempted individual described An exempted individual described in this clause is an individual who— (I) receives hospice care under this title; (II) resides in a long-term care facility, a facility described in section 1905(d), or other facility under contract with a single pharmacy; or (III) the Secretary elects to treat as an exempted individual for purposes of clause (i). (iii) Program size The Secretary shall establish policies, including the criteria developed under clause (i)(I) and the exemptions under clause (ii)(III), to ensure that the population of enrollees in a drug management program for at-risk beneficiaries operated by a prescription drug plan can be effectively managed by such plans. (iv) Clinical contact With respect to each at-risk beneficiary for prescription drug abuse enrolled in a prescription drug plan offered by a PDP sponsor, the PDP sponsor shall contact the beneficiary's providers who have prescribed frequently abused drugs regarding whether prescribed medications are appropriate for such beneficiary’s medical conditions. (D) Selection of prescribers (i) In general With respect to each at-risk beneficiary for prescription drug abuse enrolled in a prescription drug plan offered by such sponsor, a PDP sponsor shall, based on the preferences submitted to the PDP sponsor by the beneficiary pursuant to clauses (ii)(III) and (iii)(V) of subparagraph (B) if applicable, select— (I) one, or, if the PDP sponsor reasonably determines it necessary to provide the beneficiary with reasonable access under clause (ii), more than one, individual who is authorized to prescribe frequently abused drugs (referred to in this paragraph as a prescriber ) who may write prescriptions for such drugs for such beneficiary; and (II) one, or, if the PDP sponsor reasonably determines it necessary to provide the beneficiary with reasonable access under clause (ii), more than one, pharmacy that may dispense such drugs to such beneficiary. (ii) Reasonable access In making the selection under this subparagraph, a PDP sponsor shall ensure, taking into account geographic location, beneficiary preference, impact on cost-sharing, and reasonable travel time, that the beneficiary continues to have reasonable access to drugs described in subparagraph (G), including— (I) for individuals with multiple residences; and (II) in the case of natural disasters and similar emergency situations. (iii) Beneficiary preferences (I) In general If an at-risk beneficiary for prescription drug abuse submits preferences for which in-network prescribers and pharmacies the beneficiary would prefer the PDP sponsor select in response to a notice under subparagraph (B), the PDP sponsor shall— (aa) review such preferences; (bb) select or change the selection of a prescriber or pharmacy for the beneficiary based on such preferences; and (cc) inform the beneficiary of such selection or change of selection. (II) Exception In the case that the PDP sponsor determines that a change to the selection of a prescriber or pharmacy under item (bb) by the PDP sponsor is contributing or would contribute to prescription drug abuse or drug diversion by the beneficiary, the PDP sponsor may change the selection of a prescriber or pharmacy for the beneficiary. If the PDP sponsor changes the selection pursuant to the preceding sentence, the PDP sponsor shall provide the beneficiary with— (aa) at least 30 days written notice of the change of selection; and (bb) a rationale for the change. (III) Timing An at-risk beneficiary for prescription drug abuse may choose to express their prescriber and pharmacy preference and communicate such preference to their PDP sponsor at any date while enrolled in the program, including after a second notice under subparagraph (B)(iii) has been provided. (iv) Confirmation Before selecting a prescriber or pharmacy under this subparagraph, a PDP sponsor must notify the prescriber and pharmacy that the beneficiary involved has been identified for inclusion in the drug management program for at-risk beneficiaries and that the prescriber and pharmacy has been selected as the beneficiary’s designated prescriber and pharmacy. (E) Appeals The identification of an individual as an at-risk beneficiary for prescription drug abuse under this paragraph, a coverage determination made under a drug management program for at-risk beneficiaries, and the selection of a prescriber or pharmacy under subparagraph (D) with respect to such individual shall be subject to an expedited reconsideration and appeal pursuant to subsection (h). (F) Termination of identification (i) In general The Secretary shall develop standards for the termination of identification of an individual as an at-risk beneficiary for prescription drug abuse under this paragraph. Under such standards such identification shall terminate as of the earlier of— (I) the date the individual demonstrates that the individual is no longer likely, in the absence of the restrictions under this paragraph, to be an at-risk beneficiary for prescription drug abuse described in subparagraph (C)(i); or (II) the end of such maximum period of identification as the Secretary may specify. (ii) Rule of construction Nothing in clause (i) shall be construed as preventing a plan from identifying an individual as an at-risk beneficiary for prescription drug abuse under subparagraph (C)(i) after such termination on the basis of additional information on drug use occurring after the date of notice of such termination. (G) Frequently abused drug For purposes of this subsection, the term frequently abused drug means a drug that is determined by the Secretary to be frequently abused or diverted and that is— (i) a Controlled Drug Substance in Schedule CII; or (ii) within the same class or category of drugs as a Controlled Drug Substance in Schedule CII, as determined through notice and comment rulemaking. (H) Data disclosure (i) Data on decision to impose limitation In the case of an at-risk beneficiary for prescription drug abuse (or an individual who is a potentially at-risk beneficiary for prescription drug abuse) whose access to coverage for frequently abused drugs under a prescription drug plan has been limited by a PDP sponsor under this paragraph, the Secretary shall establish rules and procedures to require such PDP sponsor to disclose data, including necessary individually identifiable health information, about the decision to impose such limitations and the limitations imposed by the PDP sponsor under this part. (ii) Data to reduce fraud, abuse, and waste The Secretary shall establish rules and procedures to require PDP sponsors operating a drug management program for at-risk beneficiaries under this paragraph to provide the Secretary with such data as the Secretary determines appropriate for purposes of identifying patterns of prescription drug utilization for plan enrollees that are outside normal patterns and that may indicate fraudulent, medically unnecessary, or unsafe use. (I) Sharing of information for subsequent plan enrollments The Secretary shall establish procedures under which PDP sponsors who offer prescription drug plans shall share information with respect to individuals who are at-risk beneficiaries for prescription drug abuse (or individuals who are potentially at-risk beneficiaries for prescription drug abuse) and enrolled in a prescription drug plan and who subsequently disenroll from such plan and enroll in another prescription drug plan offered by another PDP sponsor. (J) Privacy issues Prior to the implementation of the rules and procedures under this paragraph, the Secretary shall clarify privacy requirements, including requirements under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), related to the sharing of data under subparagraphs (H) and (I) by PDP sponsors. Such clarification shall provide that the sharing of such data shall be considered to be protected health information in accordance with the requirements of the regulations promulgated pursuant to such section 264(c). (K) Education The Secretary shall provide education to enrollees in prescription drug plans of PDP sponsors and providers regarding the drug management program for at-risk beneficiaries described in this paragraph, including education— (i) provided through the improper payment outreach and education program described in section 1874A(h); and (ii) through current education efforts (such as State health insurance assistance programs described in subsection (a)(1)(A) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 ( 42 U.S.C. 1395b–3 note)) and materials directed toward such enrollees. (L) CMS compliance review The Secretary shall ensure that existing plan sponsor compliance reviews and audit processes include the drug management programs for at-risk beneficiaries under this paragraph, including appeals processes under such programs. . (2) Information for consumers Section 1860D–4(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1395w–104(a)(1)(B) ) is amended by adding at the end the following: (v) The drug management program for at-risk beneficiaries under subsection (c)(5). . (3) Dual eligibles Section 1860D–1(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–101(b)(3)(D) ) is amended by inserting , subject to such limits as the Secretary may establish for individuals identified pursuant to section 1860D–4(c)(5) after the Secretary . (b) Utilization management programs Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ), as amended by subsection (a)(1), is amended— (1) in paragraph (1), by inserting after subparagraph (D) the following new subparagraph: (E) A utilization management tool to prevent drug abuse (as described in paragraph (5)(A)). ; and (2) by adding at the end the following new paragraph: (6) Utilization management tool to prevent drug abuse (A) In general A tool described in this paragraph is any of the following: (i) A utilization tool designed to prevent the abuse of frequently abused drugs by individuals and to prevent the diversion of such drugs at pharmacies. (ii) Retrospective utilization review to identify— (I) individuals that receive frequently abused drugs at a frequency or in amounts that are not clinically appropriate; and (II) providers of services or suppliers that may facilitate the abuse or diversion of frequently abused drugs by beneficiaries. (iii) Consultation with the contractor described in subparagraph (B) to verify if an individual enrolling in a prescription drug plan offered by a PDP sponsor has been previously identified by another PDP sponsor as an individual described in clause (ii)(I). (B) Reporting A PDP sponsor offering a prescription drug plan in a State shall submit to the Secretary and the Medicare drug integrity contractor with which the Secretary has entered into a contract under section 1893 with respect to such State a report, on a monthly basis, containing information on— (i) any provider of services or supplier described in subparagraph (A)(ii)(II) that is identified by such plan sponsor during the 30-day period before such report is submitted; and (ii) the name and prescription records of individuals described in paragraph (5)(C). (C) CMS compliance review The Secretary shall ensure that plan sponsor annual compliance reviews and program audits include a certification that utilization management tools under this paragraph are in compliance with the requirements for such tools. . (c) Treatment of certain complaints for purposes of quality or performance assessment Section 1860D–42 of the Social Security Act ( 42 U.S.C. 1395w–152 ) is amended by adding at the end the following new subsection: (d) Treatment of certain complaints for purposes of quality or performance assessment In conducting a quality or performance assessment of a PDP sponsor, the Secretary shall develop or utilize existing screening methods for reviewing and considering complaints that are received from enrollees in a prescription drug plan offered by such PDP sponsor and that are complaints regarding the lack of access by the individual to prescription drugs due to a drug management program for at-risk beneficiaries. . (d) Sense of Congress regarding use of technology tools To combat fraud It is the sense of Congress that MA organizations and PDP sponsors should consider using e-prescribing and other health information technology tools to support combating fraud under MA–PD plans and prescription drug plans under parts C and D of the Medicare Program. (e) GAO study and report (1) Study The Comptroller General of the United States shall conduct a study on the implementation of the amendments made by this section, including the effectiveness of the at-risk beneficiaries for prescription drug abuse drug management programs authorized by section 1860D–4(c)(5) of the Social Security Act ( 42 U.S.C. 1395w–10(c)(5) ), as added by subsection (a)(1). Such study shall include an analysis of— (A) the impediments, if any, that impair the ability of individuals described in subparagraph (C) of such section 1860D–4(c)(5) to access clinically appropriate levels of prescription drugs; (B) the effectiveness of the reasonable access protections under subparagraph (D)(ii) of such section 1860D–4(c)(5), including the impact on beneficiary access and health; (C) how best to define the term designated pharmacy , including whether the definition of such term should include an entity that is comprised of a number of locations that are under common ownership and that electronically share a real-time, online database and whether such a definition would help to protect and improve beneficiary access; (D) the types of— (i) individuals who, in the implementation of such section, are determined to be individuals described in such subparagraph; and (ii) prescribers and pharmacies that are selected under subparagraph (D) of such section; (E) the extent of prescription drug abuse beyond Controlled Drug Substances in Schedule CII in parts C and D of the Medicare program; and (F) other areas determined appropriate by the Comptroller General. (2) Report Not later than July 1, 2019, the Comptroller General of the United States shall submit to the appropriate committees of jurisdiction of Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate. (f) Report by Secretary (1) In general Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate committees of jurisdiction of Congress a report on ways to improve upon the appeals process for Medicare beneficiaries with respect to prescription drug coverage under part D of title XVIII of the Social Security Act. Such report shall include an analysis comparing appeals processes under parts C and D of such title XVIII. (2) Feedback In development of the report described in paragraph (1), the Secretary of Health and Human Services shall solicit feedback on the current appeals process from stakeholders, such as beneficiaries, consumer advocates, plan sponsors, pharmacy benefit managers, pharmacists, providers, independent review entity evaluators, and pharmaceutical manufacturers. (g) Effective date (1) In general Except as provided in subsection (d)(2), the amendments made by this section shall apply to prescription drug plans for plan years beginning on or after January 1, 2018. (2) Stakeholder meetings prior to effective date (A) In general Not later than January 1, 2017, the Secretary of Health and Human Services shall convene stakeholders, including individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title of such Act, advocacy groups representing such individuals, clinicians, plan sponsors, pharmacists, retail pharmacies, entities delegated by plan sponsors, and biopharmaceutical manufacturers for input regarding the topics described in subparagraph (B). The input described in the preceding sentence shall be provided to the Secretary in sufficient time in order for the Secretary to take such input into account in promulgating the regulations pursuant to subparagraph (C). (B) Topics described The topics described in this subparagraph are the topics of— (i) the impact on cost-sharing and ensuring accessibility to prescription drugs for enrollees in prescription drug plans of PDP sponsors who are at-risk beneficiaries for prescription drug abuse (as defined in paragraph (5)(C) of section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–10(c) )); (ii) the use of an expedited appeals process under which such an enrollee may appeal an identification of such enrollee as an at-risk beneficiary for prescription drug abuse under such paragraph (similar to the processes established under the Medicare Advantage program under part C of title XVIII of the Social Security Act); (iii) the types of enrollees that should be treated as exempted individuals, as described in clause (ii) of such paragraph; (iv) the manner in which terms and definitions in paragraph (5) of such section 1860D–4(c) should be applied, such as the use of clinical appropriateness in determining whether an enrollee is an at-risk beneficiary for prescription drug abuse as defined in subparagraph (C) of such paragraph (5); (v) the information to be included in the notices described in subparagraph (B) of such section and the standardization of such notices; (vi) with respect to a PDP sponsor that establishes a drug management program for at-risk beneficiaries under such paragraph (5), the responsibilities of such PDP sponsor with respect to the implementation of such program; (vii) notices for plan enrollees at the point of sale that would explain why an at-risk beneficiary has been prohibited from receiving a prescription at a location outside of the designated pharmacy; (viii) evidence-based prescribing guidelines for opiates; and (ix) the sharing of claims data under parts A and B with PDP sponsors. (C) Rulemaking The Secretary of Health and Human Services shall, taking into account the input gathered pursuant to subparagraph (A) and after providing notice and an opportunity to comment, promulgate regulations to carry out the provisions of, and amendments made by subsections (a) and (b). VIII Transnational Drug Trafficking Act 801. Short title This title may be cited as the Transnational Drug Trafficking Act of 2015 . 802. Possession, manufacture or distribution for purposes of unlawful importations Section 1009 of the Controlled Substances Import and Export Act ( 21 U.S.C. 959 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) in subsection (a), by striking It shall and all that follows and inserting the following: “It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States. (b) It shall be unlawful for any person to manufacture or distribute a listed chemical— (1) intending or knowing that the listed chemical will be used to manufacture a controlled substance; and (2) intending, knowing, or having reasonable cause to believe that the controlled substance will be unlawfully imported into the United States. . 803. Trafficking in counterfeit goods or services Chapter 113 of title 18, United States Code, is amended— (1) in section 2318(b)(2), by striking section 2320(e) and inserting section 2320(f) ; and (2) in section 2320— (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug, ; (B) in subsection (b)(3), in the matter preceding subparagraph (A), by striking counterfeit drug and inserting drug that uses a counterfeit mark on or in connection with the drug ; and (C) in subsection (f), by striking paragraph (6) and inserting the following: (6) the term drug means a drug, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). .

Passed the Senate March 10, 2016. Secretary

tv_txt: 114th CONGRESS 2d Session In the House of Representatives, U. S., May 13, 2016 AMENDMENTS:

That the bill from the Senate (S. 524) entitled ‘‘An Act to authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use.’’, do pass with the following Strike out all after the enacting clause and insert: 1. Table of Contents The table of contents for this Act is as follows: Sec. 1. Table of Contents. Title I—Pain Management Best Practices Inter-Agency Task Force Sec. 101. Development of best practices for the use of prescription opioids. Title II—Comprehensive Opioid Abuse Reduction Act Sec. 201. Short title. Sec. 202. Comprehensive Opioid Abuse Grant Program. Sec. 203. Audit and accountability of grantees. Sec. 204. Veterans treatment courts. Sec. 205. Emergency Federal law enforcement assistance. Sec. 206. Inclusion of services for pregnant women under family-based substance abuse grants. Sec. 207. GAO study and report on Department of Justice programs and research relative to substance use and substance use disorders among adolescents and young adults. Title III—Jason Simcakoski PROMISE Act Sec. 301. Short title. Sec. 302. Improvement of opioid safety measures by Department of Veterans Affairs. Sec. 303. Strengthening of joint working group on pain management of the Department of Veterans Affairs and the Department of Defense. Sec. 304. Review, investigation, and report on use of opioids in treatment by Department of Veterans Affairs. Sec. 305. Mandatory disclosure of certain veteran information to State controlled substance monitoring programs. Sec. 306. Modification to limitation on awards and bonuses. Title IV—Kingpin Designation Improvement Act Sec. 401. Short title. Sec. 402. Protection of classified information in Federal court challenges relating to designations under the Narcotics Kingpin Designation Act. Title V—Good Samaritan Assessment Act Sec. 501. Short title. Sec. 502. Finding. Sec. 503. GAO Study on Good Samaritan laws pertaining to treatment of opioid overdoses. Sec. 504. Definitions. Title VI—OPEN Act Sec. 601. Short title. Sec. 602. Evaluation of performance of Department of Justice program. Sec. 603. Evaluation of performance of Department of Health and Human Services program. Sec. 604. Definition. Sec. 605. No additional funds authorized. Sec. 606. Matters regarding certain Federal law enforcement assistance. Title VII—Infant Plan of Safe Care Improvement Act Sec. 701. Short title. Sec. 702. Best practices for development of plans of safe care. Sec. 703. State plans. Sec. 704. Data reports. Sec. 705. Monitoring and oversight. Sec. 706. Rule of construction. Title VIII—NAS Healthy Babies Act Sec. 801. Short title. Sec. 802. GAO report on neonatal abstinence syndrome (NAS). Sec. 803. Excluding abuse-deterrent formulations of prescription drugs from the Medicaid additional rebate requirement for new formulations of prescription drugs. Sec. 804. Limiting disclosure of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse. Sec. 805. Medicaid Improvement Fund. Title IX—Co-Prescribing to Reduce Overdoses Act Sec. 901. Short title. Sec. 902. Opioid overdose reversal drugs prescribing grant program. Sec. 903. Providing information to prescribers in certain Federal health care and medical facilities on best practices for prescribing opioid overdose reversal drugs. Sec. 904. Authorization of appropriations. Sec. 905. Cut-Go Compliance. Title X—Improving Treatment for Pregnant and Postpartum Women Act Sec. 1001. Short title. Sec. 1002. Reauthorization of residential treatment programs for pregnant and postpartum women. Sec. 1003. Pilot program grants for State substance abuse agencies. Sec. 1004. Cut-Go Compliance. Title XI—Veteran Emergency Medical Technician Support Act Sec. 1101. Short title. Sec. 1102. Assisting veterans with military emergency medical training to meet requirements for becoming civilian emergency medical technicians. Title XII—John Thomas Decker Act Sec. 1201. Short title. Sec. 1202. Information materials and resources to prevent addiction related to youth sports injuries. Title XIII—Lali's Law Sec. 1301. Short title. Sec. 1302. Opioid overdose reversal medication access and education grant programs. Sec. 1303. Cut-Go Compliance. Title XIV—Reducing Unused Medications Act Sec. 1401. Short title. Sec. 1402. Partial fills of schedule II controlled substances. Title XV—Opioid Review Modernization Act Sec. 1501. Short title. Sec. 1502. FDA opioid action plan. Sec. 1503. Prescriber education. Sec. 1504. Guidance on evaluating the abuse deterrence of generic solid oral opioid drug products. Title XVI—Examining Opioid Treatment Infrastructure Act Sec. 1601. Short title. Sec. 1602. Study on treatment infrastructure. Title XVII—Opioid Use Disorder Treatment Expansion and Modernization Act Sec. 1701. Short title. Sec. 1702. Finding. Sec. 1703. Opioid use disorder treatment modernization. Sec. 1704. Sense of Congress. Sec. 1705. Partial fills of schedule II controlled substances. Title XVIII—National All Schedules Prescription Electronic Reporting Reauthorization Act Sec. 1801. Short title. Sec. 1802. Amendment to purpose. Sec. 1803. Amendments to controlled substance monitoring program. I Pain Management Best Practices Inter-Agency Task Force 101. Development of best practices for the use of prescription opioids (a) Definitions In this section— (1) the term Secretary means the Secretary of Health and Human Services; and (2) the term task force means the Pain Management Best Practices Inter-Agency Task Force convened under subsection (b). (b) Inter-Agency Task Force Not later than December 14, 2018, the Secretary, in cooperation with the Secretary of Veterans Affairs, the Secretary of Defense, and the Administrator of the Drug Enforcement Administration, shall convene a Pain Management Best Practices Inter-Agency Task Force to review, modify, and update, as appropriate, best practices for pain management (including chronic and acute pain) and prescribing pain medication. (c) Membership The task force shall be comprised of— (1) representatives of— (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Food and Drug Administration; (D) the Department of Defense; (E) the Drug Enforcement Administration; (F) the Centers for Disease Control and Prevention; (G) the Health Resources and Services Administration; (H) the Indian Health Service; (I) the National Academy of Medicine; (J) the National Institutes of Health; (K) the Office of National Drug Control Policy; (L) the Substance Abuse and Mental Health Services Administration; and (M) the Office of Women’s Health; (2) State medical boards; (3) subject to subsection (e), physicians, dentists, and nonphysician prescribers; (4) hospitals; (5) subject to subsection (e), pharmacists and pharmacies; (6) first responders; (7) experts in the fields of pain research and addiction research; (8) experts in the fields of adolescent and young adult addiction research; (9) representatives of— (A) pain management professional organizations; (B) the mental health treatment community; (C) the addiction treatment and recovery community; (D) pain advocacy groups; (E) veteran service organizations; and (F) groups with expertise on overdose reversal; (10) a person in recovery from addiction to medication for chronic pain; (11) a person in recovery from addiction to medication for chronic pain, whose addiction began in adolescence or young adulthood; (12) a person with chronic pain; (13) an expert on active duty military, armed forces personnel, and veteran health and prescription opioid addiction; (14) an expert in the field of minority health; and (15) other stakeholders, as the Secretary determines appropriate. (d) Condition on participation on task force An individual representing a profession or entity described in paragraph (3) or (5) of subsection (c) may not serve as a member of the task force unless such individual— (1) is currently licensed in a State in which such individual is practicing (as defined by such State) such profession (or, in the case of an individual representing an entity, a State in which the entity is engaged in business); and (2) is currently practicing (as defined by such State) such profession (or, in the case of an individual representing an entity, the entity is in operation). (e) Duties The task force shall— (1) not later than 180 days after the date on which the task force is convened under subsection (b), review, modify, and update, as appropriate, best practices for pain management (including chronic and acute pain) and prescribing pain medication, taking into consideration— (A) existing pain management research; (B) research on trends in areas and communities in which the prescription opioid abuse rate and fatality rate exceed the national average prescription opioid abuse rate and fatality rate; (C) recommendations from relevant conferences and existing relevant evidence-based guidelines; (D) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies, including consideration of differences within and between classes of opioids, the availability of opioids with abuse deterrent technology, and pharmacological, nonpharmacological, medical device alternatives to opioids to reduce opioid monotherapy in appropriate cases and the coordination of information collected from State prescription drug monitoring programs for the purpose of preventing the diversion of pain medication; (E) ongoing efforts at the Federal, State, and local levels to examine the potential benefits of electronic prescribing of opioids, including any public comments collected in the course of those efforts; (F) the management of high-risk populations, other than populations who suffer pain, who— (i) may use or be prescribed benzodiazepines, alcohol, and diverted opioids; or (ii) receive opioids in the course of medical care; (G) the distinct needs of adolescents and young adults with respect to pain management, pain medication, substance use disorder, and medication-assisted treatment; (H) the 2016 Guideline for Prescribing Opioids for Chronic Pain issued by the Centers for Disease Control and Prevention; (I) the practice of co-prescribing naloxone for both pain patients receiving chronic opioid therapy and patients being treated for opioid use disorders; (J) research that has been, or is being, conducted or supported by the Federal Government on prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults relative to any unique circumstances (including social and biological circumstances) of adolescents and young adults that may make adolescent-specific and young adult-specific treatment protocols necessary, including any effects that substance use and substance use disorders may have on brain development and the implications for treatment and recovery; (K) Federal non-research programs and activities that address prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including an assessment of the effectiveness of such programs and activities in— (i) preventing substance use by and substance use disorders among adolescents and young adults; (ii) treating such adolescents and young adults in a way that accounts for any unique circumstances faced by adolescents and young adults; and (iii) supporting long-term recovery among adolescents and young adults; and (L) gaps that have been identified by Federal officials and experts in Federal efforts relating to prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including gaps in research, data collection, and measures to evaluate the effectiveness of Federal efforts, and the reasons for such gaps; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; (3) develop a strategy for disseminating information about the best practices developed under paragraphs (1) and (2) to prescribers, pharmacists, State medical boards, educational institutions that educate prescribers and pharmacists, and other parties, as the Secretary determines appropriate; (4) review, modify, and update best practices for pain management and prescribing pain medication, specifically as it pertains to physician education and consumer education; and (5) examine and identify— (A) the extent of the need for the development of new pharmacological, nonpharmacological, and medical device alternatives to opioids; (B) the current status of research efforts to develop such alternatives; and (C) the pharmacological, nonpharmacological, and medical device alternatives to opioids that are currently available that could be better utilized. (f) Consideration of study results In reviewing, modifying, and updating, best practices for pain management and prescribing pain medication, the task force shall take into consideration existing private sector, State, and local government efforts related to pain management and prescribing pain medication. (g) Limitation The task force shall not have rulemaking authority. (h) Report Not later than 270 days after the date on which the task force is convened under subsection (b), the task force shall submit to Congress a report that includes— (1) the strategy for disseminating best practices for pain management (including chronic and acute pain) and prescribing pain medication, as developed under subsection (e); (2) the results of a feasibility study on linking the best practices described in paragraph (1) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) ); (3) recommendations for effectively applying the best practices described in paragraph (1) to improve prescribing practices at medical facilities, including medical facilities of the Veterans Health Administration and Indian Health Service; (4) the modified and updated best practices described in subsection (e)(4); and (5) the results of the examination and identification conducted pursuant to subsection (e)(4), and recommendations regarding— (A) the development of new pharmacological, nonpharmacological, and medical device alternatives to opioids; and (B) the improved utilization of pharmacological, nonpharmacological, and medical device alternatives to opioids that are currently available. II Comprehensive Opioid Abuse Reduction Act 201. Short title This title may be cited as the Comprehensive Opioid Abuse Reduction Act of 2016 . 202. Comprehensive Opioid Abuse Grant Program (a) In general 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 the following: LL Comprehensive Opioid Abuse Grant Program 3021. Description (a) Grants authorized From amounts made available to carry out this part, the Attorney General may make grants to States, units of local government, and Indian tribes, for use by the State, unit of local government, or Indian tribe to provide services primarily relating to opioid abuse, including for any one or more of the following: (1) Developing, implementing, or expanding a treatment alternative to incarceration program, which may include— (A) pre-booking or post-booking components, which may include the activities described in part DD or HH of this title; (B) training for criminal justice agency personnel on substance use disorders and co-occurring mental illness and substance use disorders; (C) a mental health court, including the activities described in part V of this title; (D) a drug court, including the activities described in part EE of this title; (E) a veterans treatment court program, including the activities described in subsection (i) of section 2991 of this title; (F) a focus on parents whose incarceration could result in their children entering the child welfare system; and (G) a community-based substance use diversion program sponsored by a law enforcement agency. (2) In the case of a State, facilitating or enhancing planning and collaboration between State criminal justice agencies and State substance abuse systems in order to more efficiently and effectively carry out programs described in paragraph (1) that address problems related to opioid abuse. (3) Providing training and resources for first responders on carrying and administering an opioid overdose reversal drug or device approved by the Food and Drug Administration, and purchasing such a drug or device for first responders who have received such training to carry and administer. (4) Investigative purposes to locate or investigate illicit activities related to the unlawful distribution of opioids. (5) Developing, implementing, or expanding a medication-assisted treatment program used or operated by a criminal justice agency, which may include training criminal justice agency personnel on medication-assisted treatment, and carrying out the activities described in part S of this title. (6) In the case of a State, developing, implementing, or expanding a prescription drug monitoring program to collect and analyze data related to the prescribing of schedules II, III, and IV controlled substances through a centralized database administered by an authorized State agency, which includes tracking the dispensation of such substances, and providing for interoperability and data sharing with other States. (7) Developing, implementing, or expanding a program to prevent and address opioid abuse by juveniles. (8) Developing, implementing, or expanding an integrated and comprehensive opioid abuse response program, including prevention and recovery programs. (9) Developing, implementing, or expanding a program (which may include demonstration projects) to utilize technology that provides a secure container for prescription drugs that would prevent individuals, particularly adolescents, from gaining access to opioid medications that are lawfully prescribed for other individuals. (10) Developing, implementing, or expanding a program to prevent and address opioid abuse by veterans. (11) Developing, implementing, or expanding a prescription drug take-back program. (b) Contracts and subawards A State, unit of local government, or Indian tribe may, in using a grant under this subpart for purposes authorized by subsection (a), use all or a portion of that grant to contract with or make one or more subawards to one or more— (1) local or regional organizations that are private and nonprofit, including faith-based organizations; (2) units of local government; or (3) tribal organizations. (c) Program Assessment Component; Waiver (1) Program Assessment Component Each program funded under this subpart shall contain a program assessment component, developed pursuant to guidelines established by the Attorney General, in coordination with the National Institute of Justice. (2) Waiver The Attorney General may waive the requirement of paragraph (1) with respect to a program if, in the opinion of the Attorney General, the program is not of sufficient size to justify a full program assessment. (d) Administrative costs Not more than 10 percent of a grant made under this subpart may be used for costs incurred to administer such grant. (e) Period The period of a grant made under this part may not be longer than 4 years, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General. 3022. Applications To request a grant under this part, the chief executive officer of a State, unit of local government, or Indian tribe shall submit an application to the Attorney General at such time and in such form as the Attorney General may require. Such application shall include the following: (1) A certification that Federal funds made available under this subpart will not be used to supplant State, local, or tribal funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for the activities described in section 3021(a). (2) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (3) A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that— (A) the programs to be funded by the grant meet all the requirements of this part; (B) all the information contained in the application is correct; (C) there has been appropriate coordination with affected agencies; and (D) the applicant will comply with all provisions of this part and all other applicable Federal laws. (4) An assurance that the applicant will work with the Drug Enforcement Administration to develop an integrated and comprehensive strategy to address opioid abuse. 3023. Review of applications The Attorney General shall not finally disapprove any application (or any amendment to that application) submitted under this part without first affording the applicant reasonable notice of any deficiencies in the application and opportunity for correction and reconsideration. 3024. Equitable distribution of funds In awarding grants under this part, the Attorney General shall ensure equitable distribution of funds based on the following: (1) The geographic distribution of grants under this part, taking into consideration the needs of underserved populations, including rural and tribal communities. (2) The needs of communities to address the problems related to opioid abuse, taking into consideration the prevalence of opioid abuse and overdose-related death in a community. 3025. Definitions In this part: (1) The term first responder includes a firefighter, law enforcement officer, paramedic, emergency medical technician, or other individual (including an employee of a legally organized and recognized volunteer organization, whether compensated or not), who, in the course of professional duties, responds to fire, medical, hazardous material, or other similar emergencies. (2) The term medication-assisted treatment means the use of medications approved by the Food and Drug Administration for the treatment of opioid abuse. (3) The term opioid means any drug, including heroin, having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. (4) The term schedule II, III, or IV controlled substance means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (5) The terms drug and device have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (6) The term criminal justice agency means a State, local, or tribal— (A) court; (B) prison; (C) jail; (D) law enforcement agency; or (E) other agency that performs the administration of criminal justice, including prosecution, pretrial services, and community supervision. (7) The term tribal organization has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). . (b) Authorization of appropriations Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a) ) is amended by inserting after paragraph (26) the following: (27) There are authorized to be appropriated to carry out part LL $103,000,000 for each of fiscal years 2017 through 2021. . 203. Audit and accountability of grantees (a) Definitions In this section— (1) the term covered grant program means a grant program operated by the Department of Justice; (2) the term covered grantee means a recipient of a grant from a covered grant program; (3) the term nonprofit , when used with respect to an organization, means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986, and is exempt from taxation under section 501(a) of such Code; and (4) the term unresolved audit finding means an audit report finding in a final audit report of the Inspector General of the Department of Justice that a covered grantee has used grant funds awarded to that grantee under a covered grant program for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during a 12-month period prior to the date on which the final audit report is issued. (b) Audit requirement Beginning in fiscal year 2016, and annually thereafter, the Inspector General of the Department of Justice shall conduct audits of covered grantees to prevent waste, fraud, and abuse of funds awarded under covered grant programs. The Inspector General shall determine the appropriate number of covered grantees to be audited each year. (c) Mandatory exclusion A grantee that is found to have an unresolved audit finding under an audit conducted under subsection (b) may not receive grant funds under a covered grant program in the fiscal year following the fiscal year to which the finding relates. (d) Reimbursement If a covered grantee is awarded funds under the covered grant program from which it received a grant award during the 1-fiscal-year period during which the covered grantee is ineligible for an allocation of grant funds under subsection (c), the Attorney General shall— (1) deposit into the General Fund of the Treasury an amount that is equal to the amount of the grant funds that were improperly awarded to the covered grantee; and (2) seek to recoup the costs of the repayment to the Fund from the covered grantee that was improperly awarded the grant funds. (e) Priority of grant awards The Attorney General, in awarding grants under a covered grant program shall give priority to eligible entities that during the 2-year period preceding the application for a grant have not been found to have an unresolved audit finding. (f) Nonprofit requirements (1) Prohibition A nonprofit organization that holds money in offshore accounts for the purpose of avoiding the tax described in section 511(a) of the Internal Revenue Code of 1986, shall not be eligible to receive, directly or indirectly, any funds from a covered grant program. (2) Disclosure Each nonprofit organization that is a covered grantee shall disclose in its application for such a grant, as a condition of receipt of such a grant, the compensation of its officers, directors, and trustees. Such disclosure shall include a description of the criteria relied on to determine such compensation. 204. Veterans treatment courts Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following: (i) Assisting veterans (1) Definitions In this subsection: (A) Peer to peer services or programs The term peer to peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. (B) Qualified veteran The term qualified veteran means a preliminarily qualified offender who— (i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and (ii) was discharged or released from such service under conditions other than dishonorable. (C) Veterans treatment court program The term veterans treatment court program means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with— (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; or (iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, or assistance in applying for and obtaining available benefits. (2) Veterans assistance program (A) In general The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand— (i) veterans treatment court programs; (ii) peer to peer services or programs for qualified veterans; (iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; or (iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. (B) Priority In awarding grants under this subsection, the Attorney General shall give priority to applications that— (i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; (ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and (iii) propose interventions with empirical support to improve outcomes for qualified veterans. . 205. Emergency Federal law enforcement assistance Section 609Y(a) of the Justice Assistance Act of 1984 ( 42 U.S.C. 10513(a) ) is amended by striking September 30, 1984 and inserting September 30, 2021 . 206. Inclusion of services for pregnant women under family-based substance abuse grants Part DD of title I of the Omnibus Crime Control and Safe Streets Act ( 42 U.S.C. 3797s et seq. ) is amended— (1) in section 2921(2), by inserting before the period at the end or pregnant women ; and (2) in section 2927— (A) in paragraph (1)(A), by inserting pregnant or before a parent ; and (B) in paragraph (3), by inserting or pregnant women after incarcerated parents . 207. GAO study and report on Department of Justice programs and research relative to substance use and substance use disorders among adolescents and young adults (a) Study The Comptroller General of the United States shall conduct a study on how the Department of Justice, through grant programs, is addressing prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults. Such study shall include an analysis of each of the following: (1) The research that has been, and is being, conducted or supported pursuant to grant programs operated by the Department of Justice on prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including an assessment of— (A) such research relative to any unique circumstances (including social and biological circumstances) of adolescents and young adults that may make adolescent-specific and young adult-specific treatment protocols necessary, including any effects that substance use and substance use disorders may have on brain development and the implications for treatment and recovery; and (B) areas of such research in which greater investment or focus is necessary relative to other areas of such research. (2) Department of Justice non-research programs and activities that address prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including an assessment of the effectiveness of such programs and activities in preventing substance use by and substance use disorders among adolescents and young adults, treating such adolescents and young adults in a way that accounts for any unique circumstances faced by adolescents and young adults, and supports long term recovery among adolescents and young adults. (3) Gaps that have been identified by officials of the Department of Justice or experts in the efforts supported by grant programs operated by the Department of Justice relating to prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including gaps in research, data collection, and measures to evaluate the effectiveness of such efforts, and the reasons for such gaps. (b) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of the Congress a report containing the results of the study conducted under subsection (a), including— (1) a summary of the findings of the study; and (2) recommendations based on the results of the study, including recommendations for such areas of research and legislative and administrative action as the Comptroller General determines appropriate. III Jason Simcakoski PROMISE Act 301. Short title This title may be cited as the Promoting Responsible Opioid Management and Incorporating Scientific Expertise Act or the Jason Simcakoski PROMISE Act . 302. Improvement of opioid safety measures by Department of Veterans Affairs (a) Expansion of opioid safety initiative (1) Inclusion of all medical facilities Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall expand the Opioid Safety Initiative of the Department of Veterans Affairs to include all medical facilities of the Department. (2) Guidance The Secretary shall establish guidance that each health care provider of the Department of Veterans Affairs, before initiating opioid therapy to treat a patient as part of the comprehensive assessment conducted by the health care provider, use the Opioid Therapy Risk Report tool of the Department of Veterans Affairs (or any subsequent tool), which shall include information from the prescription drug monitoring program of each participating State as applicable, that includes the most recent information to date relating to the patient that accessed such program to assess the risk for adverse outcomes of opioid therapy for the patient, including the concurrent use of controlled substances such as benzodiazepines, as part of the comprehensive assessment conducted by the health care provider. (3) Enhanced standards The Secretary shall establish enhanced standards with respect to the use of routine and random urine drug tests for all patients before and during opioid therapy to help prevent substance abuse, dependence, and diversion, including— (A) that such tests occur not less frequently than once each year; and (B) that health care providers appropriately order, interpret and respond to the results from such tests to tailor pain therapy, safeguards, and risk management strategies to each patient. (b) Pain management education and training (1) In general In carrying out the Opioid Safety Initiative of the Department, the Secretary shall require all employees of the Department responsible for prescribing opioids to receive education and training described in paragraph (2). (2) Education and training Education and training described in this paragraph is education and training on pain management and safe opioid prescribing practices for purposes of safely and effectively managing patients with chronic pain, including education and training on the following: (A) The implementation of and full compliance with the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain, including any update to such guideline. (B) The use of evidence-based pain management therapies, including cognitive-behavioral therapy, non-opioid alternatives, and non-drug methods and procedures to managing pain and related health conditions including medical devices approved or cleared by the Food and Drug Administration for the treatment of patients with chronic pain and complementary alternative medicines. (C) Screening and identification of patients with substance use disorder, including drug-seeking behavior, before prescribing opioids, assessment of risk potential for patients developing an addiction, and referral of patients to appropriate addiction treatment professionals if addiction is identified or strongly suspected. (D) Communication with patients on the potential harm associated with the use of opioids and other controlled substances, including the need to safely store and dispose of supplies relating to the use of opioids and other controlled substances. (E) Such other education and training as the Secretary considers appropriate to ensure that veterans receive safe and high-quality pain management care from the Department. (3) Use of existing program In providing education and training described in paragraph (2), the Secretary shall use the Interdisciplinary Chronic Pain Management Training Team Program of the Department (or success program). (c) Pain management teams (1) In general In carrying out the Opioid Safety Initiative of the Department, the director of each medical facility of the Department shall identify and designate a pain management team of health care professionals, which may include board certified pain medicine specialists, responsible for coordinating and overseeing pain management therapy at such facility for patients experiencing acute and chronic pain that is non-cancer related. (2) Establishment of protocols (A) In general In consultation with the Directors of each Veterans Integrated Service Network, the Secretary shall establish standard protocols for the designation of pain management teams at each medical facility within the Department. (B) Consultation on prescription of opioids Each protocol established under subparagraph (A) shall ensure that any health care provider without expertise in prescribing analgesics or who has not completed the education and training under subsection (b), including a mental health care provider, does not prescribe opioids to a patient unless that health care provider— (i) consults with a health care provider with pain management expertise or who is on the pain management team of the medical facility; and (ii) refers the patient to the pain management team for any subsequent prescriptions and related therapy. (3) Report (A) In general Not later than 1 year after the date of enactment of this Act, the director of each medical facility of the Department shall submit to the Under Secretary for Health and the director of the Veterans Integrated Service Network in which the medical facility is located a report identifying the health care professionals that have been designated as members of the pain management team at the medical facility pursuant to paragraph (1). (B) Elements Each report submitted under subparagraph (A) with respect to a medical facility of the Department shall include— (i) a certification as to whether all members of the pain management team at the medical facility have completed the education and training required under subsection (b); (ii) a plan for the management and referral of patients to such pain management team if health care providers without expertise in prescribing analgesics prescribe opioid medications to treat acute and chronic pain that is non-cancer related; and (iii) a certification as to whether the medical facility— (I) fully complies with the stepped-care model of pain management and other pain management policies contained in Directive 2009–053 of the Veterans Health Administration, or successor directive; or (II) does not fully comply with such stepped-care model of pain management and other pain management policies but is carrying out a corrective plan of action to ensure such full compliance. (d) Tracking and monitoring of opioid use (1) Prescription drug monitoring programs of states In carrying out the Opioid Safety Initiative and the Opioid Therapy Risk Report tool of the Department, the Secretary shall— (A) ensure access by health care providers of the Department to information on controlled substances, including opioids and benzodiazepines, prescribed to veterans who receive care outside the Department through the prescription drug monitoring program of each State with such a program, including by seeking to enter into memoranda of understanding with States to allow shared access of such information between States and the Department; (B) include such information in the Opioid Therapy Risk Report; and (C) require health care providers of the Department to submit to the prescription drug monitoring program of each State information on prescriptions of controlled substances received by veterans in that State under the laws administered by the Secretary. (2) Report on tracking of data on opioid use Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility and advisability of improving the Opioid Therapy Risk Report tool of the Department to allow for more advanced real-time tracking of and access to data on— (A) the key clinical indicators with respect to the totality of opioid use by veterans; (B) concurrent prescribing by health care providers of the Department of opioids in different health care settings, including data on concurrent prescribing of opioids to treat mental health disorders other than opioid use disorder; and (C) mail-order prescriptions of opioid prescribed to veterans under the laws administered by the Secretary. (e) Availability of opioid receptor antagonists (1) Increased availability and use (A) In general The Secretary shall maximize the availability of opioid receptor antagonists approved by the Food and Drug Administration, including naloxone, to veterans. (B) Availability, training, and distributing In carrying out subparagraph (A), not later than 90 days after the date of the enactment of this Act, the Secretary shall— (i) equip each pharmacy of the Department with opioid receptor antagonists approved by the Food and Drug Administration to be dispensed to outpatients as needed; and (ii) expand the Overdose Education and Naloxone Distribution program of the Department to ensure that all veterans in receipt of health care under laws administered by the Secretary who are at risk of opioid overdose may access such opioid receptor antagonists and training on the proper administration of such opioid receptor antagonists. (C) Veterans who are at risk For purposes of subparagraph (B), veterans who are at risk of opioid overdose include— (i) veterans receiving long-term opioid therapy; (ii) veterans receiving opioid therapy who have a history of substance use disorder or prior instances of overdose; and (iii) veterans who are at risk as determined by a health care provider who is treating the veteran. (2) Report Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on carrying out paragraph (1), including an assessment of any remaining steps to be carried out by the Secretary to carry out such paragraph. (f) Inclusion of certain information and capabilities in opioid therapy risk report tool of the Department (1) Information The Secretary shall include in the Opioid Therapy Risk Report tool of the Department— (A) information on the most recent time the tool was accessed by a health care provider of the Department with respect to each veteran; and (B) information on the results of the most recent urine drug test for each veteran. (2) Capabilities The Secretary shall include in the Opioid Therapy Risk Report tool the ability of the health care providers of the Department to determine whether a health care provider of the Department prescribed opioids to a veteran without checking the information in the tool with respect to the veteran. (g) Notifications of risk in computerized health record The Secretary shall modify the computerized patient record system of the Department to ensure that any health care provider that accesses the record of a veteran, regardless of the reason the veteran seeks care from the health care provider, will be immediately notified whether the veteran— (1) is receiving opioid therapy and has a history of substance use disorder or prior instances of overdose; (2) has a history of opioid abuse; or (3) is at risk of becoming an opioid abuser as determined by a health care provider who is treating the veteran. (h) Definitions In this section: (1) The term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) The term State means each of the several States, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. 303. Strengthening of joint working group on pain management of the Department of Veterans Affairs and the Department of Defense (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall ensure that the Pain Management Working Group of the Health Executive Committee of the Department of Veterans Affairs–Department of Defense Joint Executive Committee (Pain Management Working Group) established under section 320 of title 38, United States Code, includes a focus on the following: (1) The opioid prescribing practices of health care providers of each Department. (2) The ability of each Department to manage acute and chronic pain among individuals receiving health care from the Department, including training health care providers with respect to pain management. (3) The use by each Department of complementary and integrative health and complementary alternative medicines in treating such individuals. (4) The concurrent use by health care providers of each Department of opioids and prescription drugs to treat mental health disorders, including benzodiazepines. (5) The practice by health care providers of each Department of prescribing opioids to treat mental health disorders. (6) The coordination in coverage of and consistent access to medications prescribed for patients transitioning from receiving health care from the Department of Defense to receiving health care from the Department of Veterans Affairs. (7) The ability of each Department to identify and treat substance use disorders among individuals receiving health care from that Department. (b) Coordination and consultation The Secretary of Veterans Affairs and the Secretary of Defense shall ensure that the working group described in subsection (a)— (1) coordinates the activities of the working group with other relevant working groups established under section 320 of title 38, United States Code; (2) consults with other relevant Federal agencies with respect to the activities of the working group; and (3) consults with the Department of Veterans Affairs and the Department of Defense with respect to, reviews, and comments on the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain, or any successor guideline, before any update to the guideline is released. (c) Clinical practice guidelines (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall issue an update to the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain. (2) Matters included In conducting the update under subsection (a), the Pain Management Working Group, in coordination with the Clinical Practice Guideline VA/DOD Management of Opioid Therapy for Chronic Pain Working Group, shall examine whether the Clinical Practical Guideline should include the following: (A) Enhanced guidance with respect to— (i) the coadministration of an opioid and other drugs, including benzodiazepines, that may result in life-limiting drug interactions; (ii) the treatment of patients with current acute psychiatric instability or substance use disorder or patients at risk of suicide; and (iii) the use of opioid therapy to treat mental health disorders other than opioid use disorder. (B) Enhanced guidance with respect to the treatment of patients with behaviors or comorbidities, such as post-traumatic stress disorder or other psychiatric disorders, or a history of substance abuse or addiction, that requires a consultation or comanagement of opioid therapy with one or more specialists in pain management, mental health, or addictions. (C) Enhanced guidance with respect to health care providers— (i) conducting an effective assessment for patients beginning or continuing opioid therapy, including understanding and setting realistic goals with respect to achieving and maintaining an expected level of pain relief, improved function, or a clinically appropriate combination of both; and (ii) effectively assessing whether opioid therapy is achieving or maintaining the established treatment goals of the patient or whether the patient and health care provider should discuss adjusting, augmenting, or discontinuing the opioid therapy. (D) Guidelines to govern the methodologies used by health care providers of the Department of Veterans Affairs and the Department of Defense to taper opioid therapy when adjusting or discontinuing the use of opioid therapy. (E) Guidelines with respect to appropriate case management for patients receiving opioid therapy who transition between inpatient and outpatient health care settings, which may include the use of care transition plans. (F) Guidelines with respect to appropriate case management for patients receiving opioid therapy who transition from receiving care during active duty to post-military health care networks. (G) Guidelines with respect to providing options, before initiating opioid therapy, for pain management therapies without the use of opioids and options to augment opioid therapy with other clinical and complementary and integrative health services to minimize opioid dependence. (H) Guidelines with respect to the provision of evidence-based non-opioid treatments within the Department of Veterans Affairs and the Department of Defense, including medical devices and other therapies approved or cleared by the Food and Drug Administration for the treatment of chronic pain as an alternative to or to augment opioid therapy. 304. Review, investigation, and report on use of opioids in treatment by Department of Veterans Affairs (a) Comptroller general report (1) In general Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the Opioid Safety Initiative of the Department of Veterans Affairs and the opioid prescribing practices of health care providers of the Department. (2) Elements The report submitted under paragraph (1) shall include the following: (A) Recommendations on such improvements to the Opioid Safety Initiative of the Department as the Comptroller General considers appropriate. (B) Information with respect to— (i) deaths resulting from sentinel events involving veterans prescribed opioids by a health care provider of the Department; (ii) overall prescription rates and prescriptions indications of opioids to treat non-cancer, non-palliative, and non-hospice care patients; (iii) the prescription rates and prescriptions indications of benzodiazepines and opioids concomitantly by health care providers of the Department; (iv) the practice by health care providers of the Department of prescribing opioids to treat patients without any pain, including to treat patients with mental health disorders other than opioid use disorder; and (v) the effectiveness of opioid therapy for patients receiving such therapy, including the effectiveness of long-term opioid therapy. (C) An evaluation of processes of the Department in place to oversee opioid use among veterans, including procedures to identify and remedy potential over-prescribing of opioids by health care providers of the Department. (D) An assessment of the implementation by the Secretary of the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain. (b) Quarterly progress report on implementation of comptroller general recommendations Not later than 2 years after the date of the enactment of this Act, and not later than 30 days after the end of each quarter thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a progress report detailing the actions by the Secretary during the period covered by the report to address any outstanding findings and recommendations by the Comptroller General of the United States under subsection (a) with respect to the Veterans Health Administration. (c) Annual review of prescription rates Not later than 1 year after the date of the enactment of this Act, and not less frequently than annually for the following 5 years, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report, with respect to each medical facility of the Department of Veterans Affairs, to collect and review information on opioids prescribed by health care providers at the facility to treat non-cancer, non-palliative, and non-hospice care patients that contains, for the 1-year period preceding the submission of the report, the following: (1) The number of patients and the percentage of the patient population of the Department who were prescribed benzodiazepines and opioids concurrently by a health care provider of the Department. (2) The number of patients and the percentage of the patient population of the Department without any pain who were prescribed opioids by a health care provider of the Department, including those who were prescribed benzodiazepines and opioids concurrently. (3) The number of non-cancer, non-palliative, and non-hospice care patients and the percentage of such patients who were treated with opioids by a health care provider of the Department on an inpatient-basis and who also received prescription opioids by mail from the Department while being treated on an inpatient-basis. (4) The number of non-cancer, non-palliative, and non-hospice care patients and the percentage of such patients who were prescribed opioids concurrently by a health care provider of the Department and a health care provider that is not health care provider of the Department. (5) With respect to each medical facility of the Department, information on opioids prescribed by health care providers at the facility to treat non-cancer, non-palliative, and non-hospice care patients, including information on— (A) the prescription rate at which each health care provider at the facility prescribed benzodiazepines and opioids concurrently to such patients and the aggregate such prescription rate for all health care providers at the facility; (B) the prescription rate at which each health care provider at the facility prescribed benzodiazepines or opioids to such patients to treat conditions for which benzodiazepines or opioids are not approved treatment and the aggregate such prescription rate for all health care providers at the facility; (C) the prescription rate at which each health care provider at the facility prescribed or dispensed mail-order prescriptions of opioids to such patients while such patients were being treated with opioids on an inpatient-basis and the aggregate of such prescription rate for all health care providers at the facility; and (D) the prescription rate at which each health care provider at the facility prescribed opioids to such patients who were also concurrently prescribed opioids by a health care provider that is not a health care provider of the Department and the aggregate of such prescription rates for all health care providers at the facility. (6) With respect to each medical facility of the Department, the number of times a pharmacist at the facility overrode a critical drug interaction warning with respect to an interaction between opioids and another medication before dispensing such medication to a veteran. (d) Investigation of prescription rates If the Secretary determines that a prescription rate with respect to a health care provider or medical facility of the Department conflicts with or is otherwise inconsistent with the standards of appropriate and safe care, the Secretary shall— (1) immediately notify the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of such determination, including information relating to such determination, prescription rate, and health care provider or medical facility, as the case may be; and (2) through the Office of the Medical Inspector of the Veterans Health Administration, conduct a full investigation of the health care provider or medical facility, as the case may be. (e) Prescription rate defined In this section, the term prescription rate means, with respect to a health care provider or medical facility of the Department, each of the following: (1) The number of patients treated with opioids by the health care provider or at the medical facility, as the case may be, divided by the total number of pharmacy users of that health care provider or medical facility. (2) The average number of morphine equivalents per day prescribed by the health care provider or at the medical facility, as the case may be, to patients being treated with opioids. (3) Of the patients being treated with opioids by the health care provider or at the medical facility, as the case may be, the average number of prescriptions of opioids per patient. 305. Mandatory disclosure of certain veteran information to State controlled substance monitoring programs Section 5701(l) of title 38, United States Code, is amended by striking may and inserting shall . 306. Modification to limitation on awards and bonuses Section 705 of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 38 U.S.C. 703 note) is amended to read as follows: 705. Limitation on awards and bonuses paid to employees of Department of Veterans Affairs The Secretary of Veterans Affairs shall ensure that the aggregate amount of awards and bonuses paid by the Secretary in a fiscal year under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title or title 38, United States Code, does not exceed the following amounts: (1) With respect to each of fiscal years 2017 through 2021, $230,000,000. (2) With respect to each of fiscal years 2022 through 2024, $360,000,000. . IV Kingpin Designation Improvement Act 401. Short title This title may be cited as the Kingpin Designation Improvement Act of 2016 . 402. Protection of classified information in Federal court challenges relating to designations under the Narcotics Kingpin Designation Act Section 804 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1903 ) is amended by adding at the end the following: (i) Protection of classified information in Federal court challenges relating to designations In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review. . V Good Samaritan Assessment Act 501. Short title This title may be cited as the Good Samaritan Assessment Act of 2016 . 502. Finding The Congress finds that the executive branch, including the Office of National Drug Control Policy, has a policy focus on preventing and addressing prescription drug misuse and heroin use, and has worked with States and municipalities to enact Good Samaritan laws that would protect caregivers, law enforcement personnel, and first responders who administer opioid overdose reversal drugs or devices. 503. GAO Study on Good Samaritan laws pertaining to treatment of opioid overdoses The Comptroller General of the United States shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on— (1) the extent to which the Director of National Drug Control Policy has reviewed Good Samaritan laws, and any findings from such a review, including findings related to the potential effects of such laws, if available; (2) efforts by the Director to encourage the enactment of Good Samaritan laws; and (3) a compilation of Good Samaritan laws in effect in the States, the territories, and the District of Columbia. 504. Definitions In this title— (1) the term Good Samaritan law means a law of a State or unit of local government that exempts from criminal or civil liability any individual who administers an opioid overdose reversal drug or device, or who contacts emergency services providers in response to an overdose; and (2) the term opioid means any drug, including heroin, having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. VI OPEN Act 601. Short title This title may be cited as the Opioid Program Evaluation Act or the OPEN Act . 602. Evaluation of performance of Department of Justice program (a) Evaluation of Justice Department Comprehensive Opioid Abuse Grant Program Not later than 5 years after the date of enactment of this Act, the Attorney General shall complete an evaluation of the effectiveness of the Comprehensive Opioid Abuse Grant Program under part LL of the Omnibus Crime Control and Safe Streets Act of 1968 administered by the Department of Justice based upon the information reported under subsection (d) of this section. (b) Interim evaluation Not later than 3 years after the date of enactment of this Act, the Attorney General shall complete an interim evaluation assessing the nature and extent of the incidence of opioid abuse and illegal opioid distribution in the United States. (c) Metrics and outcomes for evaluation Not later than 180 days after the date of enactment of this Act, the Attorney General shall identify outcomes that are to be achieved by activities funded by the Comprehensive Opioid Grant Abuse Program and the metrics by which the achievement of such outcomes shall be determined. (d) Metrics data collection The Attorney General shall require grantees under the Comprehensive Opioid Abuse Grant Program (and those receiving subawards under section 3021(b) of part LL of the Omnibus Crime Control and Safe Streets Act of 1968) to collect and annually report to the Department of Justice data based upon the metrics identified under subsection (c). (e) Publication of data and findings (1) Publication of outcomes and metrics The Attorney General shall, not later than 30 days after completion of the requirement under subsection (c), publish the outcomes and metrics identified under that subsection. (2) Publication of evaluation In the case of the interim evaluation under subsection (b), and the final evaluation under subsection (a), the National Academy of Sciences shall, not later than 90 days after such an evaluation is completed, publish the results of such evaluation and issue a report on such evaluation to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. Such report shall also be published along with the data used to make such evaluation. (f) Arrangement with the National Academy of Sciences For purposes of subsections (a), (b), and (c), the Attorney General shall enter into an arrangement with the National Academy of Sciences. 603. Evaluation of performance of Department of Health and Human Services program (a) Evaluation of Department of Health and Human Services programs Not later than 5 years after the date of enactment of this Act, except as otherwise provided in this section, the Secretary of Health and Human Services shall complete an evaluation of any program administered by the Secretary that provides grants for the primary purpose of providing assistance in addressing problems pertaining to opioid abuse based upon the information reported under subsection (d) of this section. (b) Interim evaluation Not later than 3 years after the date of enactment of this Act, the Secretary shall complete an interim evaluation assessing the nature and extent of the incidence of opioid abuse and illegal opioid distribution in the United States. (c) Metrics and outcomes for evaluation Not later than 180 days after the date of enactment of this Act, the Secretary shall identify outcomes that are to be achieved by activities funded by the programs described in subsection (a) and the metrics by which the achievement of such outcomes shall be determined. (d) Metrics data collection The Secretary shall require grantees under the programs described in subsection (a) to collect and annually report to the Department of Health and Human Services data based upon the metrics identified under subsection (c). (e) Publication of data and findings (1) Publication of outcomes and metrics The Secretary shall, not later than 30 days after completion of the requirement under subsection (c), publish the outcomes and metrics identified under that subsection. (2) Publication of evaluation In the case of the interim evaluation under subsection (b), and each final evaluation under subsection (a), the National Academy of Sciences shall, not later than 90 days after such an evaluation is completed, publish the results of such evaluation and issue a report on such evaluation to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. Such report shall also be published along with the data used to make such evaluation. (f) Arrangement with the National Academy of Sciences For purposes of subsections (a), (b), and (c), the Secretary shall— (1) enter into an arrangement with the National Academy of Sciences; or (2) enter into a contract or cooperative agreement with an entity that is not an agency of the Federal Government. (g) Exception If a program described under subsection (a) is subject to an evaluation substantially similar to the evaluation under subsection (a) pursuant to another provision of law, the Secretary may opt not to conduct an evaluation under subsection (a) of such program. 604. Definition In this title, the term opioid has the meaning given the term opiate in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). 605. No additional funds authorized No additional funds are authorized to be appropriated to carry out this Act. 606. Matters regarding certain Federal law enforcement assistance Section 609Y of the Justice Assistance Act of 1984 ( 42 U.S.C. 10513 ) is amended— (1) in subsection (a), by striking There is and inserting Except as provided in subsection (c), there is ; and (2) by adding at the end the following: (c) For fiscal year 2022, there is authorized to be appropriated $16,000,000, to provide under this chapter Federal law enforcement assistance in the form of funds. . VII Infant Plan of Safe Care Improvement Act 701. Short title This title may be cited as the Infant Plan of Safe Care Improvement Act . 702. Best practices for development of plans of safe care Section 103(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5104(b) ) is amended— (1) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (2) by inserting after paragraph (4), the following: (5) maintain and disseminate information about the requirements of section 106(b)(2)(B)(iii) and best practices relating to the development of plans of safe care as described in such section for infants born and identified as being affected by illegal substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder; . 703. State plans Section 106(b)(2)(B)(iii) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b)(2)(B)(iii) ) is amended by inserting before the semicolon at the end the following: to ensure the safety and well-being of such infant following release from the care of healthcare providers, including through— (I) addressing the health and substance use disorder treatment needs of the infant and affected family or caregiver; and (II) the development and implementation by the State of monitoring systems regarding the implementation of such plans to determine whether and in what manner local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver . 704. Data reports (a) In general Section 106(d) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(d) ) is amended by adding at the end of the following: (17) (A) The number of infants identified under subsection (b)(2)(B)(ii). (B) The number of infants for whom a plan of safe care was developed under subsection (b)(2)(B)(iii). (C) The number of infants for whom a referral was made for appropriate services, including services for the affected family or caregiver, under subsection (b)(2)(B)(iii). . (b) Redesignation Effective on May 29, 2017, section 106(d) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(d) ) is amended by redesignating paragraph (17) (as added by subsection (a)) as paragraph (18). 705. Monitoring and oversight (a) Amendment Title I of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq. ) is further amended by adding at the end the following: 114. Monitoring and oversight The Secretary shall conduct monitoring to ensure that each State that receives a grant under section 106 is in compliance with the requirements of section 106(b), which— (1) shall— (A) be in addition to the review of the State plan upon its submission under section 106(b)(1)(A); and (B) include monitoring of State policies and procedures required under clauses (ii) and (iii) of section 106(b)(2)(B); and (2) may include— (A) a comparison of activities carried out by the State to comply with the requirements of section 106(b) with the State plan most recently approved under section 432 of the Social Security Act; (B) a review of information available on the Website of the State relating to its compliance with the requirements of section 106(b); (C) site visits, as may be necessary to carry out such monitoring; and (D) a review of information available in the State’s Annual Progress and Services Report most recently submitted under section 1357.16 of title 45, Code of Federal Regulations (or successor regulations). . (b) Table of contents The table of contents in section 1(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note) is amended by inserting after the item relating to section 113, the following: Sec. 114. Monitoring and oversight. . 706. Rule of construction Nothing in this Act, or the amendments made by this Act, shall be construed to authorize the Secretary of Health and Human Services or any other officer of the Federal Government to add new requirements to section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) ), as amended by this Act. VIII NAS Healthy Babies Act 801. Short title This title may be cited as the Nurturing And Supporting Healthy Babies Act or as the NAS Healthy Babies Act . 802. GAO report on neonatal abstinence syndrome (NAS) (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance and the Committee on Health, Education, Labor and Pensions of the Senate a report on neonatal abstinence syndrome (in this section referred to as NAS ) in the United States. (b) Information To be included in report Such report shall include information on the following: (1) The prevalence of NAS in the United States, including the proportion of children born in the United States with NAS who are eligible for medical assistance under State Medicaid programs under title XIX of the Social Security Act at birth and the costs associated with NAS through such programs. (2) The services for which coverage is available under State Medicaid programs for treatment of infants with NAS. (3) The settings (including inpatient, outpatient, hospital-based, and other settings) for the treatment of infants with NAS and the reimbursement methodologies and costs associated with such treatment in such settings. (4) The prevalence of utilization of various care settings under State Medicaid programs for treatment of infants with NAS and any Federal barriers to treating such infants under such programs, particularly in non-hospital-based settings. (5) What is known about best practices for treating infants with NAS. (c) Recommendations Such report also shall include such recommendations as the Comptroller General determines appropriate for improvements that will ensure access to treatment for infants with NAS under State Medicaid programs. 803. Excluding abuse-deterrent formulations of prescription drugs from the Medicaid additional rebate requirement for new formulations of prescription drugs (a) In general The last sentence of section 1927(c)(2)(C) of the Social Security Act ( 42 U.S.C. 1396r–8(c)(2)(C) ) is amended by inserting before the period at the end the following: , but does not include an abuse-deterrent formulation of the drug (as determined by the Secretary), regardless of whether such abuse-deterrent formulation is an extended release formulation . (b) Effective date The amendment made by subsection (a) shall apply to drugs that are paid for by a State in calendar quarters beginning on or after the date of the enactment of this Act. 804. Limiting disclosure of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse (a) In general Title XI of the Social Security Act is amended by inserting after section 1128J ( 42 U.S.C. 1320a–7k ) the following new section: 1128K. Disclosure of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse (a) Reference to predictive modeling technologies requirements For provisions relating to the use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children’s Health Insurance Program under title XXI, see section 4241 of the Small Business Jobs Act of 2010 ( 42 U.S.C. 1320a–7m ). (b) Limiting disclosure of predictive modeling technologies In implementing such provisions under such section 4241 with respect to covered algorithms (as defined in subsection (c)), the following shall apply: (1) Nonapplication of FOIA The covered algorithms used or developed for purposes of such section (including by the Secretary or a State (or an entity operating under a contract with a State)) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. (2) Limitation with respect to use and disclosure of information by State agencies (A) In general A State agency may not use or disclose covered algorithms used or developed for purposes of such section except for purposes of administering the State plan (or a waiver of the plan) under the Medicaid program under title XIX or the State child health plan (or a waiver of the plan) under the Children’s Health Insurance Program under title XXI, including by enabling an entity operating under a contract with a State to assist the State to identify or prevent waste, fraud, and abuse with respect to such programs. (B) Information security A State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of covered algorithms used or developed for purposes of such section 4241 and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures described in subparagraph (A). (C) Procedural requirements State agencies to which information is disclosed pursuant to such section 4241 shall adhere to uniform procedures established by the Secretary. (c) Covered algorithm defined In this section, the term covered algorithm — (1) means a predictive modeling or other analytics technology, as used for purposes of section 4241(a) of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a–7m(a)) to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children’s Health Insurance Program under title XXI; and (2) includes the mathematical expressions utilized in the application of such technology and the means by which such technology is developed. . (b) Conforming amendments (1) Medicaid State plan requirement Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (A) in paragraph (80), by striking and at the end; (B) in paragraph (81), by striking the period at the end and inserting ; and ; and (C) by inserting after paragraph (81) the following new paragraph: (82) provide that the State agency responsible for administering the State plan under this title provides assurances to the Secretary that the State agency is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2). . (2) State child health plan requirement Section 2102(a)(7) of the Social Security Act ( 42 U.S.C. 1397bb(a)(7) ) is amended— (A) in subparagraph (A), by striking , and at the end and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (C) to ensure that the State agency involved is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2). . 805. Medicaid Improvement Fund Section 1941(b)(1) of the Social Security Act ( 42 U.S.C. 1396w–1(b)(1) ) is amended to read as follows: (1) In general There shall be available to the Fund, for expenditures from the Fund for fiscal year 2021 and thereafter, $5,000,000. . IX Co-Prescribing to Reduce Overdoses Act 901. Short title This title may be cited as the Co-Prescribing to Reduce Overdoses Act of 2016 . 902. Opioid overdose reversal drugs prescribing grant program (a) Establishment (1) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services may establish, in accordance with this section, a 5-year opioid overdose reversal drugs prescribing grant program (in this Act referred to as the grant program ). (2) Maximum grant amount A grant made under this section may not be for more than $200,000 per grant year. (3) Eligible entity For purposes of this section, the term eligible entity means a federally qualified health center (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) ), an opioid treatment program under part 8 of title 42, Code of Federal Regulations, any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act ( 21 U.S.C. 823(g) ), or any other entity that the Secretary deems appropriate. (4) Prescribing For purposes of this section and section 3, the term prescribing means, with respect to an opioid overdose reversal drug, such as naloxone, the practice of prescribing such drug— (A) in conjunction with an opioid prescription for patients at an elevated risk of overdose; (B) in conjunction with an opioid agonist approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) for the treatment of opioid abuse disorder; (C) to the caregiver or a close relative of patients at an elevated risk of overdose from opioids; or (D) in other circumstances, as identified by the Secretary, in which a provider identifies a patient is at an elevated risk for an intentional or unintentional drug overdose from heroin or prescription opioid therapies. (b) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary of Health and Human Services, in such form and manner as specified by the Secretary, an application that describes— (1) the extent to which the area to which the entity will furnish services through use of the grant is experiencing significant morbidity and mortality caused by opioid abuse; (2) the criteria that will be used to identify eligible patients to participate in such program; and (3) how such program will work to try to identify State, local, or private funding to continue the program after expiration of the grant. (c) Use of funds An eligible entity receiving a grant under this section may use the grant for any of the following activities, but may use not more than 20 percent of the grant funds for activities described in paragraphs (4) and (5): (1) To establish a program for prescribing opioid overdose reversal drugs, such as naloxone. (2) To train and provide resources for health care providers and pharmacists on the prescribing of opioid overdose reversal drugs, such as naloxone. (3) To establish mechanisms and processes for tracking patients participating in the program described in paragraph (1) and the health outcomes of such patients. (4) To purchase opioid overdose reversal drugs, such as naloxone, for distribution under the program described in paragraph (1). (5) To offset the co-pays and other cost sharing associated with opioid overdose reversal drugs, such as naloxone, to ensure that cost is not a limiting factor for eligible patients. (6) To conduct community outreach, in conjunction with community-based organizations, designed to raise awareness of prescribing practices, and the availability of opioid overdose reversal drugs, such as naloxone. (7) To establish protocols to connect patients who have experienced a drug overdose with appropriate treatment, including medication assisted treatment and appropriate counseling and behavioral therapies. (d) Evaluations by recipients As a condition of receipt of a grant under this section, an eligible entity shall, for each year for which the grant is received, submit to the Secretary of Health and Human Services information on appropriate outcome measures specified by the Secretary to assess the outcomes of the program funded by the grant, including— (1) the number of prescribers trained; (2) the number of prescribers who have co-prescribed an opioid overdose reversal drug, such as naloxone, to at least one patient; (3) the total number of prescriptions written for opioid overdose reversal drugs, such as naloxone; (4) the percentage of patients at elevated risk who received a prescription for an opioid overdose reversal drug, such as naloxone; (5) the number of patients reporting use of an opioid overdose reversal drug, such as naloxone; and (6) any other outcome measures that the Secretary deems appropriate. (e) Reports by Secretary For each year of the grant program under this section, the Secretary of Health and Human Services shall submit to the appropriate committees of the House of Representatives and of the Senate a report aggregating the information received from the grant recipients for such year under subsection (d) and evaluating the outcomes achieved by the programs funded by grants made under this section. 903. Providing information to prescribers in certain Federal health care and medical facilities on best practices for prescribing opioid overdose reversal drugs (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) may, as appropriate, provide information to prescribers within federally qualified health centers (as defined in paragraph (4) of section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), and the health care facilities of the Indian Health Service, on best practices for prescribing opioid overdose reversal drugs, such as naloxone, for patients receiving chronic opioid therapy, patients being treated for opioid use disorders, and other patients that a provider identifies as having an elevated risk of overdose from heroin or prescription opioid therapies. (b) Not establishing a medical standard of care The information on best practices provided under this section shall not be construed as constituting or establishing a medical standard of care for prescribing opioid overdose reversal drugs, such as naloxone, for patients described in subsection (a). (c) Elevated risk of overdose defined In this section, the term elevated risk of overdose has the meaning given such term by the Secretary, which— (1) may be based on the criteria provided in the Opioid Overdose Toolkit published by the Substance Abuse and Mental Health Services Administration (SAMHSA); and (2) may include patients on a first course opioid treatment, patients using extended-release and long-acting opioid analgesics, and patients with a respiratory disease or other co-morbidities. 904. Authorization of appropriations There is authorized to be appropriated to carry out this title $5,000,000 for the period of fiscal years 2017 through 2021. 905. Cut-Go Compliance Subsection (f) of section 319D of the Public Health Service Act ( 42 U.S.C. 247d–4 ) is amended by inserting before the period at the end the following: (except such dollar amount shall be reduced by $5,000,000 for fiscal year 2018) . X Improving Treatment for Pregnant and Postpartum Women Act 1001. Short title This title may be cited as the Improving Treatment for Pregnant and Postpartum Women Act of 2016 . 1002. Reauthorization of residential treatment programs for pregnant and postpartum women Section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ) is amended— (1) in subsection (p), in the first sentence, by inserting (other than subsection (r)) after section ; and (2) in subsection (r), by striking such sums and all that follows through 2003 and inserting $16,900,000 for each of fiscal years 2017 through 2021 . 1003. Pilot program grants for State substance abuse agencies (a) In general Section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ) is amended— (1) by redesignating subsection (r), as amended by section 2, as subsection (s); and (2) by inserting after subsection (q) the following new subsection: (r) Pilot program for State substance abuse agencies (1) In general From amounts made available under subsection (s), the Director of the Center for Substance Abuse Treatment shall carry out a pilot program under which competitive grants are made by the Director to State substance abuse agencies to— (A) enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; (B) help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in nonresidential based settings; and (C) promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery. (2) Requirements In carrying out the pilot program under this subsection, the Director shall— (A) require State substance abuse agencies to submit to the Director applications, in such form and manner and containing such information as specified by the Director, to be eligible to receive a grant under the program; (B) identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants; (C) require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; (D) not require that services furnished through such a grant be provided solely to women that reside in facilities; (E) not require that grant recipients under the program make available through use of the grant all services described in subsection (d); and (F) consider not applying requirements described in paragraphs (1) and (2) of subsection (f) to applicants, depending on the circumstances of the applicant. (3) Required services (A) In general The Director shall specify a minimum set of services required to be made available to eligible women through a grant awarded under the pilot program under this subsection. Such minimum set— (i) shall include requirements described in subsection (c) and be based on the recommendations submitted under subparagraph (B); and (ii) may be selected from among the services described in subsection (d) and include other services as appropriate. (B) Stakeholder input The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from substance abuse, and other appropriate individuals, for the minimum set of services described in subparagraph (A). (4) Duration The pilot program under this subsection shall not exceed 5 years. (5) Evaluation and Report to Congress The Director of the Center for Behavioral Health Statistics and Quality shall fund an evaluation of the pilot program at the conclusion of the first grant cycle funded by the pilot program. The Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment shall submit to the relevant committees of jurisdiction of the House of Representatives and the Senate a report on such evaluation. The report shall include at a minimum outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs; engagement in treatment services; retention in the appropriate level and duration of services; increased access to the use of medications approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling; and other appropriate measures. (6) State substance abuse agencies defined For purposes of this subsection, the term State substance abuse agency means, with respect to a State, the agency in such State that manages the Substance Abuse Prevention and Treatment Block Grant under part B of title XIX. . (b) Funding Subsection (s) of section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ), as amended by section 1002 and redesignated by subsection (a), is further amended by adding at the end the following new sentence: Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016. . 1004. Cut-Go Compliance Subsection (f) of section 319D of the Public Health Service Act ( 42 U.S.C. 247d–4 ) is amended by striking through 2018 and inserting through 2016, $133,300,000 for fiscal year 2017, and $138,300,000 for fiscal year 2018 . XI Veteran Emergency Medical Technician Support Act 1101. Short title This title may be cited as the Veteran Emergency Medical Technician Support Act of 2016 . 1102. Assisting veterans with military emergency medical training to meet requirements for becoming civilian emergency medical technicians Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 314 the following: 315. Assisting veterans with military emergency medical training to meet requirements for becoming civilian emergency medical technicians (a) Program The Secretary shall establish a program consisting of awarding demonstration grants to States to streamline State requirements and procedures in order to assist veterans who completed military emergency medical technician training while serving in the Armed Forces of the United States to meet certification, licensure, and other requirements applicable to becoming an emergency medical technician in the State. (b) Use of funds Amounts received as a demonstration grant under this section shall be used to prepare and implement a plan to streamline State requirements and procedures as described in subsection (a), including by— (1) determining the extent to which the requirements for the education, training, and skill level of emergency medical technicians in the State are equivalent to requirements for the education, training, and skill level of military emergency medical technicians; and (2) identifying methods, such as waivers, for military emergency medical technicians to forgo or meet any such equivalent State requirements. (c) Eligibility To be eligible for a grant under this section, a State shall demonstrate that the State has a shortage of emergency medical technicians. (d) Report The Secretary shall submit to the Congress an annual report on the program under this section. (e) Funding No additional funds are authorized to be appropriated for the purpose of carrying out this section. This section shall be carried out using amounts otherwise available for such purpose. . XII John Thomas Decker Act 1201. Short title This title may be cited as the John Thomas Decker Act of 2016 . 1202. Information materials and resources to prevent addiction related to youth sports injuries (a) Technical clarification Effective as if included in the enactment of the Children’s Health Act of 2000 ( Public Law 106–310 ), section 3405(a) of such Act (114 Stat. 1221) is amended by striking Part E of title III and inserting Part E of title III of the Public Health Service Act . (b) Amendment Title III of the Public Health Service Act is amended by inserting after part D of such title ( 42 U.S.C. 254b et seq. ) the following new part E: E Opioid Use Disorder 341. Information materials and resources to prevent addiction related to youth sports injuries (a) Report The Secretary shall— (1) not later than 24 months after the date of the enactment of this section, make publicly available a report determining the extent to which informational materials and resources described in subsection (b) are available to teenagers and adolescents who play youth sports, families of such teenagers and adolescents, nurses, youth sports groups, and relevant health care provider groups; and (2) for purposes of educating and preventing addiction in teenagers and adolescents who are injured playing youth sports and are subsequently prescribed an opioid, not later than 12 months after such report is made publicly available and taking into consideration the findings of such report, develop and, in coordination with youth sports groups, disseminate informational materials and resources described in subsection (b) for teenagers and adolescents who play youth sports, families of such teenagers and adolescents, nurses, youth sports groups, and relevant health care provider groups. (b) Materials and resources described For purposes of this section, the informational materials and resources described in this subsection are informational materials and resources with respect to youth sports injuries for which opioids are potentially prescribed and subsequently potentially lead to addiction, including materials and resources focused on the dangers of opioid use and misuse, treatment options for such injuries that do not involve the use of opioids, and how to seek treatment for addiction. (c) No additional funds No additional funds are authorized to be appropriated for the purpose of carrying out this section. This section shall be carried out using amounts otherwise available for such purpose. . XIII Lali's Law 1301. Short title This title may be cited as Lali’s Law . 1302. Opioid overdose reversal medication access and education grant programs (a) Technical clarification Effective as if included in the enactment of the Children’s Health Act of 2000 ( Public Law 106–310 ), section 3405(a) of such Act (114 Stat. 1221) is amended by striking Part E of title III and inserting Part E of title III of the Public Health Service Act . (b) Amendment Title III of the Public Health Service Act is amended by inserting after part D of such title ( 42 U.S.C. 254b et seq. ) the following new part E: E Opioid Use Disorder 341. Opioid overdose reversal medication access and education grant programs (a) Grants to States The Secretary may make grants to States for— (1) developing standing orders for pharmacies regarding opioid overdose reversal medication; (2) encouraging pharmacies to dispense opioid overdose reversal medication pursuant to a standing order; (3) implementing best practices for persons authorized to prescribe medication regarding— (A) prescribing opioids for the treatment of chronic pain; (B) co-prescribing opioid overdose reversal medication with opioids; and (C) discussing the purpose and administration of opioid overdose reversal medication with patients; (4) developing or adapting training materials and methods for persons authorized to prescribe or dispense medication to use in educating the public regarding— (A) when and how to administer opioid overdose reversal medication; and (B) steps to be taken after administering opioid overdose reversal medication; and (5) educating the public regarding— (A) the public health benefits of opioid overdose reversal medication; and (B) the availability of opioid overdose reversal medication without a person-specific prescription. (b) Certain requirement A grant may be made under this section only if the State involved has authorized standing orders regarding opioid overdose reversal medication. (c) Preference in making grants In making grants under this section, the Secretary shall give preference to States that— (1) have not issued standing orders regarding opioid overdose reversal medication; (2) authorize standing orders that permit community-based organizations, substance abuse programs, or other nonprofit entities to acquire, dispense, or administer opioid overdose reversal medication; (3) authorize standing orders that permit police, fire, or emergency medical services agencies to acquire and administer opioid overdose reversal medication; (4) have a higher per capita rate of opioid overdoses than other applicant States; or (5) meet any other criteria deemed appropriate by the Secretary. (d) Grant terms (1) Number A State may not receive more than one grant under this section. (2) Period A grant under this section shall be for a period of 3 years. (3) Amount A grant under this section may not exceed $500,000. (4) Limitation A State may use not more than 20 percent of a grant under this section for educating the public pursuant to subsection (a)(5). (e) Applications To be eligible to receive a grant under this section, a State shall submit an application to the Secretary in such form and manner and containing such information as the Secretary may require, including detailed proposed expenditures of grant funds. (f) Reporting Not later than 3 months after the Secretary disburses the first grant payment to any State under this section and every 6 months thereafter for 3 years, such State shall submit a report to the Secretary that includes the following: (1) The name and ZIP Code of each pharmacy in the State that dispenses opioid overdose reversal medication under a standing order. (2) The total number of opioid overdose reversal medication doses dispensed by each such pharmacy, specifying how many were dispensed with or without a person-specific prescription. (3) The number of pharmacists in the State who have participated in training pursuant to subsection (a)(4). (g) Definitions In this section: (1) Opioid overdose reversal medication The term opioid overdose reversal medication means any drug, including naloxone, that— (A) blocks opioids from attaching to, but does not itself activate, opioid receptors; or (B) inhibits the effects of opioids on opioid receptors. (2) Standing order The term standing order means a document prepared by a person authorized to prescribe medication that permits another person to acquire, dispense, or administer medication without a person-specific prescription. (h) Authorization of appropriations (1) In general To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2017 through 2019. (2) Administrative costs Not more than 3 percent of the amounts made available to carry out this section may be used by the Secretary for administrative expenses of carrying out this section. . 1303. Cut-Go Compliance Subsection (f) of section 319D of the Public Health Service Act ( 42 U.S.C. 247d–4 ) is amended by inserting before the period at the end the following: (except such dollar amount shall be reduced by $5,000,000 for fiscal year 2017) . XIV Reducing Unused Medications Act 1401. Short title This title may be cited as the Reducing Unused Medications Act of 2016 . 1402. Partial fills of schedule II controlled substances (a) In general Section 309 of the Controlled Substances Act ( 21 U.S.C. 829 ) is amended by adding at the end the following: (f) Partial fills of schedule II controlled substances (1) Partial fills (A) In general A prescription for a controlled substance in schedule II may be partially filled if— (i) it is not prohibited by State law; (ii) the prescription is written and filled in accordance with the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), regulations prescribed by the Attorney General, and State law; (iii) the partial fill is requested by the patient or the practitioner that wrote the prescription; and (iv) the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed. (B) Other circumstances A prescription for a controlled substance in schedule II may be partially filled in accordance with section 1306.13 of title 21, Code of Federal Regulations (as in effect on the date of enactment of the Reducing Unused Medications Act ). (2) Remaining portions (A) In general Except as provided in subparagraph (B), remaining portions of a partially filled prescription for a controlled substance in schedule II— (i) may be filled; and (ii) shall be filled not later than 30 days after the date on which the prescription is written. (B) Emergency situations In emergency situations, as described in subsection (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II— (i) may be filled; and (ii) shall be filled not later than 72 hours after the prescription is issued. . (b) Rule of construction Nothing in this section shall be construed to affect the authority of the Attorney General to allow a prescription for a controlled substance in schedule III, IV, or V of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) to be partially filled. XV Opioid Review Modernization Act 1501. Short title This title may be cited as the Opioid Review Modernization Act of 2016 . 1502. FDA opioid action plan Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 569 of such Act ( 21 U.S.C. 350bbb–8 ) the following: 569–1. Opioid action plan (a) New drug application (1) In general Subject to paragraph (2), prior to the approval pursuant to an application under section 505(b) of a new drug that is an opioid and does not have abuse-deterrent properties, the Secretary shall refer the application to an advisory committee of the Food and Drug Administration to seek recommendations from such advisory committee. (2) Public health exemption A referral to an advisory committee under paragraph (1) is not required with respect to a new drug if the Secretary— (A) finds that such a referral is not in the interest of protecting and promoting public health; (B) finds that such a referral is not necessary based on a review of the relevant scientific information; and (C) submits a notice containing the rationale for such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. (b) Pediatric opioid labeling The Secretary shall convene the Pediatric Advisory Committee of the Food and Drug Administration to seek recommendations from such Committee regarding a framework for the inclusion of information in the labeling of drugs that are opioids relating to the use of such drugs in pediatric populations before the Secretary approves any labeling or change to labeling for any drug that is an opioid intended for use in a pediatric population. (c) Sunset The requirements of subsections (a) and (b) shall cease to be effective on October 1, 2022. . 1503. Prescriber education Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, as part of the Food and Drug Administration’s evaluation of the Extended-Release/Long-Acting Opioid Analgesics Risk Evaluation and Mitigation Strategy, and in consultation with relevant stakeholders, shall develop recommendations regarding education programs for prescribers of opioids pursuant to section 505–1 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1 ), including recommendations on— (1) which prescribers should participate in such programs; and (2) how often participation in such programs is necessary. 1504. Guidance on evaluating the abuse deterrence of generic solid oral opioid drug products Not later than 2 years after the end of the period for public comment on the draft guidance entitled General Principals for Evaluating the Abuse Deterrence of Generic Solid Oral Opioid Drug Products issued by the Center for Drug Evaluation and Research of the Food and Drug Administration in March 2016, the Commissioner of Food and Drugs shall publish in the Federal Register a final version of such guidance. XVI Examining Opioid Treatment Infrastructure Act 1601. Short title This title may be cited as the Examining Opioid Treatment Infrastructure Act of 2016 . 1602. Study on treatment infrastructure Not later than 24 months after the date of enactment of this Act, the Comptroller General of the United States shall initiate an evaluation, and submit to Congress a report, of the inpatient and outpatient treatment capacity, availability, and needs of the United States, which shall include, to the extent data are available— (1) the capacity of acute residential or inpatient detoxification programs; (2) the capacity of inpatient clinical stabilization programs, transitional residential support services, and residential rehabilitation programs; (3) the capacity of demographic specific residential or inpatient treatment programs, such as those designed for pregnant women or adolescents; (4) geographical differences of the availability of residential and outpatient treatment and recovery options for substance use disorders across the continuum of care; (5) the availability of residential and outpatient treatment programs that offer treatment options based on reliable scientific evidence of efficacy for the treatment of substance use disorders, including the use of Food and Drug Administration-approved medicines and evidence-based nonpharmacological therapies; (6) the number of patients in residential and specialty outpatient treatment services for substance use disorders; (7) an assessment of the need for residential and outpatient treatment for substance use disorders across the continuum of care; (8) the availability of residential and outpatient treatment programs to American Indians and Alaska Natives through an Indian health program (as defined by section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )); and (9) the barriers (including technological barriers) at the Federal, State, and local levels to real-time reporting of de-identified information on drug overdoses and ways to overcome such barriers. XVII Opioid Use Disorder Treatment Expansion and Modernization Act 1701. Short title This title may be cited as the Opioid Use Disorder Treatment Expansion and Modernization Act . 1702. Finding The Congress finds that opioid use disorder has become a public health epidemic that must be addressed by increasing awareness and access to all treatment options for opioid use disorder, overdose reversal, and relapse prevention. 1703. Opioid use disorder treatment modernization (a) In general Section 303(g)(2) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2) ) is amended— (1) in subparagraph (B), by striking clauses (i), (ii), and (iii) and inserting the following: (i) The practitioner is a qualifying practitioner (as defined in subparagraph (G)). (ii) With respect to patients to whom the practitioner will provide such drugs or combinations of drugs, the practitioner has the capacity to provide directly, by referral, or in such other manner as determined by the Secretary— (I) all schedule III, IV, and V drugs, as well as unscheduled medications approved by the Food and Drug Administration, for the treatment of opioid use disorder, including such drugs and medications for maintenance, detoxification, overdose reversal, and relapse prevention, as available; and (II) appropriate counseling and other appropriate ancillary services. (iii) (I) The total number of such patients of the practitioner at any one time will not exceed the applicable number. Except as provided in subclause (II), the applicable number is 30. (II) The applicable number is 100 if, not sooner than 1 year after the date on which the practitioner submitted the initial notification, the practitioner submits a second notification to the Secretary of the need and intent of the practitioner to treat up to 100 patients. (III) The Secretary may by regulation change such total number. (IV) The Secretary may exclude from the applicable number patients to whom such drugs or combinations of drugs are directly administered by the qualifying practitioner in the office setting. (iv) If the Secretary by regulation increases the total number of patients which a qualifying practitioner is permitted to treat pursuant to clause (iii)(II), the Secretary shall require such a practitioner to obtain a written agreement from each patient, including the patient’s signature, that the patient— (I) will receive an initial assessment and treatment plan and periodic assessments and treatment plans thereafter; (II) will be subject to medication adherence and substance use monitoring; (III) understands available treatment options, including all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder, including their potential risks and benefits; and (IV) understands that receiving regular counseling services is critical to recovery. (v) The practitioner will comply with the reporting requirements of subparagraph (D)(i)(IV). ; (2) in subparagraph (D)— (A) in clause (i), by adding at the end the following: (IV) The practitioner reports to the Secretary, at such times and in such manner as specified by the Secretary, such information and assurances as the Secretary determines necessary to assess whether the practitioner continues to meet the requirements for a waiver under this paragraph. ; (B) in clause (ii), by striking Upon receiving a notification under subparagraph (B) and inserting Upon receiving a determination from the Secretary under clause (iii) finding that a practitioner meets all requirements for a waiver under subparagraph (B) ; and (C) in clause (iii)— (i) by inserting and shall forward such determination to the Attorney General before the period at the end of the first sentence; and (ii) by striking physician and inserting practitioner ; (3) in subparagraph (G)— (A) by amending clause (ii)(IV) to read as follows: (IV) The physician has, with respect to the treatment and management of opiate-dependent patients, completed not less than 8 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause. Such training shall address— (aa) opioid maintenance and detoxification; (bb) appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder; (cc) initial and periodic patient assessments (including substance use monitoring); (dd) individualized treatment planning; overdose reversal; relapse prevention; (ee) counseling and recovery support services; (ff) staffing roles and considerations; (gg) diversion control; and (hh) other best practices, as identified by the Secretary. ; and (B) by adding at the end the following: (iii) The term qualifying practitioner means— (I) a qualifying physician, as defined in clause (ii); or (II) during the period beginning on the date of the enactment of the Opioid Use Disorder Treatment Expansion and Modernization Act and ending on the date that is 3 years after such date of enactment, a qualifying other practitioner, as defined in clause (iv). (iv) The term qualifying other practitioner means a nurse practitioner or physician assistant who satisfies each of the following: (I) The nurse practitioner or physician assistant is licensed under State law to prescribe schedule III, IV, or V medications for the treatment of pain. (II) The nurse practitioner or physician assistant satisfies one or more of the following: (aa) Has completed not fewer than 24 hours of initial training addressing each of the topics listed in clause (ii)(IV) (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Nurses Credentialing Center, the American Psychiatric Association, the American Association of Nurse Practitioners, the American Academy of Physician Assistants, or any other organization that the Secretary determines is appropriate for purposes of this subclause. (bb) Has such other training or experience as the Secretary determines will demonstrate the ability of the nurse practitioner or physician assistant to treat and manage opiate-dependent patients. (III) The nurse practitioner or physician assistant is supervised by or works in collaboration with a qualifying physician, if the nurse practitioner or physician assistant is required by State law to prescribe medications for the treatment of opioid use disorder in collaboration with or under the supervision of a physician. The Secretary may review and update the requirements for being a qualifying other practitioner under this clause. ; and (4) in subparagraph (H)— (A) in clause (i), by inserting after subclause (II) the following: (III) Such other elements of the requirements under this paragraph as the Secretary determines necessary for purposes of implementing such requirements. ; and (B) by amending clause (ii) to read as follows: (ii) Not later than 1 year after the date of enactment of the Opioid Use Disorder Treatment Expansion and Modernization Act , the Secretary shall update the treatment improvement protocol containing best practice guidelines for the treatment of opioid-dependent patients in office-based settings. The Secretary shall update such protocol in consultation with experts in opioid use disorder research and treatment. . (b) Recommendation of revocation or suspension of registration in case of substantial noncompliance The Secretary of Health and Human Services may recommend to the Attorney General that the registration of a practitioner be revoked or suspended if the Secretary determines, according to such criteria as the Secretary establishes by regulation, that a practitioner who is registered under section 303(g)(2) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2) ) is not in substantial compliance with the requirements of such section, as amended by this Act. (c) Opioid defined Section 102(18) of the Controlled Substances Act ( 21 U.S.C. 802(18) ) is amended by inserting or opioid after The term opiate . (d) Reports to Congress (1) In general Not later than 2 years after the date of enactment of this Act and not less than over every 5 years thereafter, the Secretary of Health and Human Services, in consultation with the Drug Enforcement Administration and experts in opioid use disorder research and treatment, shall— (A) perform a thorough review of the provision of opioid use disorder treatment services in the United States, including services provided in opioid treatment programs and other specialty and nonspecialty settings; and (B) submit a report to the Congress on the findings and conclusions of such review. (2) Contents Each report under paragraph (1) shall include an assessment of— (A) compliance with the requirements of section 303(g)(2) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2) ), as amended by this Act; (B) the measures taken by the Secretary of Health and Human Services to ensure such compliance; (C) whether there is further need to increase or decrease the number of patients a waivered practitioner is permitted to treat, as provided for by the amendment made by subsection (a)(1); (D) the extent to which, and proportions with which, the full range of Food and Drug Administration-approved treatments for opioid use disorder are used in routine health care settings and specialty substance use disorder treatment settings; (E) access to, and use of, counseling and recovery support services, including the percentage of patients receiving such services; (F) changes in State or local policies and legislation relating to opioid use disorder treatment; (G) the use of prescription drug monitoring programs by practitioners who are permitted to dispense narcotic drugs to individuals pursuant to a waiver under section 303(g)(2) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2) ); (H) the findings resulting from inspections by the Drug Enforcement Administration of practitioners described in subparagraph (G); and (I) the effectiveness of cross-agency collaboration between Department of Health and Human Services and the Drug Enforcement Administration for expanding effective opioid use disorder treatment. 1704. Sense of Congress It is the Sense of Congress that, with respect to the total number of patients that a qualifying physician (as defined in subparagraph (G)(iii) of section 303(g)(2) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2) ) can treat at any one time pursuant to such section, the Secretary of Health and Human Services should consider raising such total number to 250 patients following a third notification to the Secretary of the need and intent of the physician to treat up to 250 patients that is submitted to the Secretary not sooner than 1 year after the date on which the physician submitted to the Secretary a second notification to treat up to 100 patients. 1705. Partial fills of schedule II controlled substances (a) In general Section 309 of the Controlled Substances Act ( 21 U.S.C. 829 ) is amended by adding at the end the following: (f) Partial fills of schedule II controlled substances (1) Partial fills (A) In general A prescription for a controlled substance in schedule II may be partially filled if— (i) it is not prohibited by State law; (ii) the prescription is written and filled in accordance with the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), regulations prescribed by the Attorney General, and State law; (iii) the partial fill is requested by the patient or the practitioner that wrote the prescription; and (iv) the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed. (B) Other circumstances A prescription for a controlled substance in schedule II may be partially filled in accordance with section 1306.13 of title 21, Code of Federal Regulations (as in effect on the date of enactment of the Reducing Unused Medications Act of 2016 ). (2) Remaining portions (A) In general Except as provided in subparagraph (B), remaining portions of a partially filled prescription for a controlled substance in schedule II— (i) may be filled; and (ii) shall be filled not later than 30 days after the date on which the prescription is written. (B) Emergency situations In emergency situations, as described in subsection (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II— (i) may be filled; and (ii) shall be filled not later than 72 hours after the prescription is issued. . (b) Rule of construction Nothing in this section shall be construed to affect the authority of the Attorney General to allow a prescription for a controlled substance in schedule III, IV, or V of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) to be partially filled. XVIII National All Schedules Prescription Electronic Reporting Reauthorization Act 1801. Short title This title may be cited as the National All Schedules Prescription Electronic Reporting Reauthorization Act of 2015 . 1802. Amendment to purpose Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 ( Public Law 109–60 ) is amended to read as follows: (1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that— (A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and (B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and . 1803. Amendments to controlled substance monitoring program Section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking or ; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) to maintain and operate an existing State-controlled substance monitoring program. ; and (B) in paragraph (3), by inserting by the Secretary after Grants awarded ; (2) by amending subsection (b) to read as follows: (b) Minimum requirements The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A). ; (3) in subsection (c)— (A) in paragraph (1)(B)— (i) in the matter preceding clause (i), by striking (a)(1)(B) and inserting (a)(1)(B) or (a)(1)(C) ; (ii) in clause (i), by striking program to be improved and inserting program to be improved or maintained ; (iii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iv) by inserting after clause (ii) the following: (iii) a plan to apply the latest advances in health information technology in order to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers to ensure timely access to patients’ controlled prescription drug history; ; (v) in clause (iv), as redesignated, by inserting before the semicolon at the end and at least one health information technology system such as an electronic health records system, a health information exchange, or an e-prescribing system ; and (vi) in clause (v), as redesignated, by striking public health and inserting public health or public safety ; (B) in paragraph (3)— (i) by striking If a State that submits and inserting the following: (A) In general If a State that submits ; (ii) by striking the period at the end and inserting and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for implementation of such interoperability. ; and (iii) by adding at the end the following: (B) Monitoring of efforts The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A). ; and (C) in paragraph (5)— (i) by striking implement or improve and inserting establish, improve, or maintain ; and (ii) by adding at the end the following: 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 substance monitoring program under this section, 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 inserting public health or public safety ; and (B) by adding at the end the following: (5) The State shall report to the Secretary on— (A) as appropriate, interoperability with the controlled substance monitoring programs of Federal departments and agencies; (B) as appropriate, interoperability with health information technology systems such as electronic health records systems, health information exchanges, and e-prescribing systems; and (C) whether or not the State provides automatic, real-time or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient. ; (5) in subsections (e), (f)(1), and (g), by striking implementing or improving each place it appears and inserting establishing, improving, or maintaining ; (6) in subsection (f)— (A) in paragraph (1)— (i) in subparagraph (B), by striking misuse of a schedule II, III, or IV substance and inserting misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act ; and (ii) in subparagraph (D), by inserting a State substance abuse agency, after a State health department, ; and (B) by adding at the end the following: (3) Evaluation and reporting Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary— (A) to evaluate the success of the State’s program in achieving its purposes; or (B) to prepare and submit the report to Congress required by subsection (l)(2). (4) Research by other entities A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes. ; (7) by redesignating subsections (h) through (n) as subsections (j) through (p), respectively; (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking subsection (h) each place it appears and inserting subsection (j) ; (9) by inserting after subsection (g) the following: (h) Education and access to the monitoring system A State receiving a grant under subsection (a) shall take steps to— (1) facilitate prescriber and dispenser use of the State’s controlled substance monitoring system; (2) educate prescribers and dispensers on the benefits of the system both to them and society; and (3) facilitate linkage to the State substance abuse agency and substance abuse disorder services. (i) Consultation with Attorney General In carrying out this section, the Secretary shall consult with the Attorney General of the United States and other relevant Federal officials to— (1) ensure maximum coordination of controlled substance monitoring programs and related activities; and (2) minimize duplicative efforts and funding. ; (10) in subsection (l)(2)(A), as redesignated by paragraph (7)— (A) in clause (ii), by inserting ; established or strengthened initiatives to ensure linkages to substance use disorder services; before or affected patient access ; and (B) in clause (iii), by inserting and between controlled substance monitoring programs and health information technology systems before , including an assessment ; (11) by striking subsection (m) (relating to preference), as redesignated by paragraph (7); (12) by redesignating subsections (n) through (p), as redesignated by paragraph (7), as subsections (m) through (o), respectively; (13) in subsection (m)(1), as redesignated by paragraph (12), by striking establishment, implementation, or improvement and inserting establishment, improvement, or maintenance ; (14) in subsection (n), as redesignated by paragraph (12)— (A) in paragraph (5)— (i) by striking means the ability and inserting the following: means— (A) the ability ; (ii) by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (B) sharing of State controlled substance monitoring program information with a health information technology system such as an electronic health records system, a health information exchange, or an e-prescribing system. ; (B) in paragraph (7), by striking pharmacy and inserting pharmacist ; and (C) in paragraph (8), by striking and the District of Columbia and inserting , the District of Columbia, and any commonwealth or territory of the United States ; and (15) by amending subsection (o), as redesignated by paragraph (12), to read as follows: (o) Authorization of appropriations To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years from 2016 through 2020. .

Amend the title so as to read: An Act to authorize the Attorney General and Secretary of Health and Human Services to award grants to address the national epidemics of prescription opioid abuse and heroin use, and to provide for the establishment of an inter-agency task force to review, modify, and update best practices for pain management and prescribing pain medication, and for other purposes. .

Karen L. Haas Clerk.

tv_txt: One Hundred Fourteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen S. 524 IN THE SENATE OF THE UNITED STATES AN ACT To authorize the Attorney General and Secretary of Health and Human Services to award grants to address the prescription opioid abuse and heroin use crisis, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Addiction and Recovery Act of 2016 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Prevention and education Sec. 101. Task force on pain management. Sec. 102. Awareness campaigns. Sec. 103. Community-based coalition enhancement grants to address local drug crises. Sec. 104. Information materials and resources to prevent addiction related to youth sports injuries. Sec. 105. Assisting veterans with military emergency medical training to meet requirement for becoming civilian health care professionals. Sec. 106. FDA opioid action plan. Sec. 107. Improving access to overdose treatment. Sec. 108. NIH opioid research. Sec. 109. National All Schedules Prescription Electronic Reporting Reauthorization. Sec. 110. Opioid overdose reversal medication access and education grant programs. Title II—Law enforcement and treatment Sec. 201. Comprehensive Opioid Abuse Grant Program. Sec. 202. First responder training. Sec. 203. Prescription drug take back expansion. Title III—Treatment and recovery Sec. 301. Evidence-based prescription opioid and heroin treatment and interventions demonstration. Sec. 302. Building communities of recovery. Sec. 303. Medication-assisted treatment for recovery from addiction. Title IV—Addressing collateral consequences Sec. 401. GAO report 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. Veterans treatment courts. Sec. 503. Infant plan of safe care. Sec. 504. GAO report on neonatal abstinence syndrome (NAS). Title VI—Incentivizing State comprehensive initiatives to address prescription opioid abuse Sec. 601. State demonstration grants for comprehensive opioid abuse response. Title VII—Miscellaneous Sec. 701. Grant accountability and evaluations. Sec. 702. Partial fills of schedule II controlled substances. Sec. 703. Good samaritan assessment. Sec. 704. Programs to prevent prescription drug abuse under Medicare parts C and D. Sec. 705. Excluding abuse-deterrent formulations of prescription drugs from the Medicaid additional rebate requirement for new formulations of prescription drugs. Sec. 706. Limiting disclosure of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse. Sec. 707. Medicaid Improvement Fund. Sec. 708. Sense of the Congress regarding treatment of substance abuse epidemics. Title VIII—Kingpin Designation Improvement Sec. 801. Protection of classified information in Federal court challenges relating to designations under the Narcotics Kingpin Designation Act. Title IX—Department of Veterans Affairs Sec. 901. Short title. Sec. 902. Definitions. Subtitle A—Opioid therapy and pain management Sec. 911. Improvement of opioid safety measures by Department of Veterans Affairs. Sec. 912. Strengthening of joint working group on pain management of the Department of Veterans Affairs and the Department of Defense. Sec. 913. Review, investigation, and report on use of opioids in treatment by Department of Veterans Affairs. Sec. 914. Mandatory disclosure of certain veteran information to State controlled substance monitoring programs. Sec. 915. Elimination of copayment requirement for veterans receiving opioid antagonists or education on use of opioid antagonists. Subtitle B—Patient advocacy Sec. 921. Community meetings on improving care furnished by Department of Veterans Affairs. Sec. 922. Improvement of awareness of patient advocacy program and patient bill of rights of Department of Veterans Affairs. Sec. 923. Comptroller General report on patient advocacy program of Department of Veterans Affairs. Sec. 924. Establishment of Office of Patient Advocacy of the Department of Veterans Affairs. Subtitle C—Complementary and integrative health Sec. 931. Expansion of research and education on and delivery of complementary and integrative health to veterans. Sec. 932. Expansion of research and education on and delivery of complementary and integrative health to veterans. Sec. 933. Pilot program on integration of complementary and integrative health and related issues for veterans and family members of veterans. Subtitle D—Fitness of health care providers Sec. 941. Additional requirements for hiring of health care providers by Department of Veterans Affairs. Sec. 942. Provision of information on health care providers of Department of Veterans Affairs to State medical boards. Sec. 943. Report on compliance by Department of Veterans Affairs with reviews of health care providers leaving the Department or transferring to other facilities. Subtitle E—Other matters Sec. 951. Modification to limitation on awards and bonuses. I Prevention and education 101. Task force on pain management (a) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Health and Human Services. (2) Task force The term task force means the Pain Management Best Practices Inter-Agency Task Force convened under subsection (b). (b) Inter-Agency Task Force Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with the Secretary of Veterans Affairs and the Secretary of Defense, shall convene a Pain Management Best Practices Inter-Agency Task Force. (c) Membership The task force shall be comprised of— (1) representatives of— (A) the Department of Health and Human Services and relevant agencies within the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Department of Defense; and (D) the Office of National Drug Control Policy; (2) currently licensed and practicing physicians, dentists, and nonphysician prescribers; (3) currently licensed and practicing pharmacists and pharmacies; (4) experts in the fields of pain research and addiction research, including adolescent and young adult addiction research; (5) representatives of— (A) pain management professional organizations; (B) the mental health treatment community; (C) the addiction treatment community, including individuals in recovery from substance use disorder; (D) pain advocacy groups, including patients; (E) veteran service organizations; (F) groups with expertise on overdose reversal, including first responders; (G) State medical boards; and (H) hospitals; (6) experts on the health of, and prescription opioid use disorders in, members of the Armed Forces and veterans; and (7) experts in the field of minority health. (d) Representation The Secretary shall ensure that the membership of the task force includes individuals representing rural and underserved areas. (e) Duties The task force shall— (1) identify, review, and, as appropriate, determine whether there are gaps in or inconsistencies between best practices for pain management (including chronic and acute pain) developed or adopted by Federal agencies; (2) not later than 1 year after the date on which the task force is convened under subsection (b), propose updates to best practices and recommendations on addressing gaps or inconsistencies identified under paragraph (1), as appropriate, and submit to relevant Federal agencies and the general public such proposed updates and recommendations, taking into consideration— (A) existing pain management research and other relevant research; (B) recommendations from relevant conferences and existing relevant evidence-based guidelines; (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies, including consideration of differences within and between classes of opioids, the availability of opioids with abuse deterrent technology, and pharmacological, nonpharmacological, and medical device alternatives to opioids to reduce opioid monotherapy in appropriate cases; (D) the management of high-risk populations who receive opioids in the course of medical care, other than for pain management; (E) the 2016 Guideline for Prescribing Opioids for Chronic Pain issued by the Centers for Disease Control and Prevention; and (F) private sector, State, and local government efforts related to pain management and prescribing pain medication; (3) provide the public with at least 90 days to submit comments on any proposed updates and recommendations under paragraph (2); and (4) develop a strategy for disseminating information about best practices for pain management (including chronic and acute pain) to stakeholders, if appropriate. (f) Limitation The task force shall not have rulemaking authority. (g) Sunset The task force under this section shall sunset after 3 years. 102. Awareness campaigns (a) In general The Secretary of Health and Human Services, in coordination with the heads of other departments and agencies, shall, as appropriate, through existing programs and activities, advance the education and awareness of the public (including providers, patients, and consumers) and other appropriate entities regarding the risk of abuse of prescription opioids if such drugs are not taken as prescribed. (b) Topics The education and awareness campaigns under subsection (a) shall address— (1) the dangers of opioid abuse; (2) the prevention of opioid abuse, including through safe disposal of prescription medications and other safety precautions; and (3) the detection of early warning signs of addiction. (c) Other requirements The education and awareness campaigns under subsection (a) shall, as appropriate— (1) take into account any association between prescription opioid abuse and heroin use; (2) emphasize— (A) the similarities between heroin and prescription opioids; and (B) the effects of heroin and prescription opioids on the human body; and (3) bring greater public awareness to the dangerous effects of fentanyl when mixed with heroin or abused in a similar manner. 103. Community-based coalition enhancement grants to address local drug crises (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Substance Abuse and Mental Health Services Administration. (2) Director The term Director means the Director of the Office of National Drug Control Policy. (3) Drug-Free Communities Act of 1997 The term Drug-Free Communities Act of 1997 means chapter 2 of the National Narcotics Leadership Act of 1988 ( 21 U.S.C. 1521 et seq. ). (4) Eligible entity The term eligible entity means an organization that— (A) on or before the date of submitting an application for a grant under this section, receives or has received a grant under the Drug-Free Communities Act of 1997; and (B) has documented, using local data, rates of abuse of opioids or methamphetamines at levels that are— (i) significantly higher than the national average as determined by the Secretary (including appropriate consideration of the results of the Monitoring the Future Survey published by the National Institute on Drug Abuse and the National Survey on Drug Use and Health published by the Substance Abuse and Mental Health Services Administration); or (ii) higher than the national average, as determined by the Secretary (including appropriate consideration of the results of the surveys described in clause (i)), over a sustained period of time. (5) Emerging drug abuse issue The term emerging drug abuse issue means a substance use disorder within an area involving— (A) a sudden increase in demand for particular drug abuse treatment services relative to previous demand; and (B) a lack of resources in the area to address the emerging problem. (6) Local drug crisis The term local drug crisis means, with respect to the area served by an eligible entity— (A) a sudden increase in the abuse of opioids or methamphetamines, as documented by local data; (B) the abuse of prescription medications, specifically opioids or methamphetamines, that is significantly higher than the national average, over a sustained period of time, as documented by local data; or (C) a sudden increase in opioid-related deaths, as documented by local data. (7) Opioid The term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. (b) Program authorized The Director, in coordination with the Administrator, may make grants to eligible entities to implement comprehensive community-wide strategies that address local drug crises and emerging drug abuse issues within the area served by the eligible entity. (c) Application (1) In general An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (2) Criteria As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the local drug crisis or emerging drug abuse issue within the area served by the eligible entity. (d) Use of funds An eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address the local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note); and (3) for programs designed to implement comprehensive community-wide strategies to address emerging drug abuse issues in the community. (e) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the 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 section, and not to supplant those funds. (f) Evaluation A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing abuse of opioids or methamphetamines. (g) 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 to pay for administrative expenses. (h) Delegation authority The Director may enter into an interagency agreement with the Administrator to delegate authority for the execution of grants and for such other activities as may be necessary to carry out this section. (i) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021. 104. Information materials and resources to prevent addiction related to youth sports injuries (a) Report The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall, not later than 24 months after the date of the enactment of this section, make publicly available on the appropriate website of the Department of Health and Human Services a report determining the extent to which informational materials and resources described in subsection (c) are available to teenagers and adolescents who play youth sports, families of such teenagers and adolescents, nurses, youth sports groups, and relevant health care provider groups. (b) Development of informational materials and resources The Secretary may, for purposes of preventing substance use disorder in teenagers and adolescents who are injured playing youth sports and are subsequently prescribed an opioid, not later than 12 months after the report is made publicly available under subsection (a), and taking into consideration the findings of such report and in coordination with relevant health care provider groups, facilitate the development of informational materials and resources described in subsection (c) for teenagers and adolescents who play youth sports, families of such teenagers and adolescents, nurses, youth sports groups, and relevant health care provider groups. (c) Materials and resources described For purposes of this section, the informational materials and resources described in this subsection are informational materials and resources with respect to youth sports injuries for which opioids are potentially prescribed, including materials and resources focused on the risks associated with opioid use and misuse, treatment options for such injuries that do not involve the use of opioids, and how to seek treatment for addiction. (d) No additional funds No additional funds are authorized to be appropriated for the purpose of carrying out this section. This section shall be carried out using amounts otherwise available for such purpose. 105. Assisting veterans with military emergency medical training to meet requirement for becoming civilian health care professionals Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 314 the following: 315. Assisting veterans with military emergency medical training to meet requirements for becoming civilian health care professionals (a) Program (1) In general The Secretary may establish a program, in consultation with the Secretary of Labor, consisting of awarding demonstration grants to States to streamline State requirements and procedures in order to assist veterans who held certain military occupational specialties related to medical care or who have completed certain medical training while serving in the Armed Forces of the United States to meet certification, licensure, and other requirements applicable to civilian health care professions (such as emergency medical technician, paramedic, licensed practical nurse, registered nurse, physical therapy assistant, or physician assistant professions) in the State. (2) Consultation and collaboration In determining the eligible military occupational specialties or training courses and the assistance required as described in paragraph (1), the Secretary shall consult with the Secretary of Defense, the Secretary of Veterans Affairs, and the Assistant Secretary of Labor for Veterans’ Employment and Training, and shall collaborate with the initiatives carried out under section 4114 of title 38, United States Code, and sections 1142 through 1144 of title 10, United States Code. (b) Use of funds Amounts received as a demonstration grant under this section shall be used to— (1) prepare and implement a plan to streamline State requirements and procedures as described in subsection (a), including by— (A) determining the extent to which the requirements for the education, training, and skill level of civilian health care professions (such as emergency medical technicians, paramedics, licensed practical nurses, registered nurses, physical therapy assistants, or physician assistants) in the State are equivalent to requirements for the education, training, and skill level of veterans who served in medical related fields while a member of the Armed Forces of the United States; and (B) identifying methods, such as waivers, for veterans who served in medical related fields while a member of the Armed Forces of the United States to forgo or meet any such equivalent State requirements; and (2) if necessary to meet workforce shortages or address gaps in education, training, or skill level to meet certification, licensure or other requirements applicable to becoming a civilian health care professional (such as an emergency medical technician, paramedic, licensed practical nurse, registered nurse, physical therapy assistant, or physician assistant professions) in the State, develop or expand career pathways at institutions of higher education to support veterans in meeting such requirements. (c) Report Upon the completion of the demonstration program under this section, the Secretary shall submit to Congress a report on the program. (d) Funding No additional funds are authorized to be appropriated for the purpose of carrying out this section. This section shall be carried out using amounts otherwise available for such purpose. (e) Sunset The demonstration program under this section shall not exceed 5 years. . 106. FDA opioid action plan (a) In general (1) New drug application (A) In general Subject to subparagraph (B), prior to the approval pursuant to an application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) of a new drug that is an opioid, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall refer the application to an advisory committee of the Food and Drug Administration to seek recommendations from such advisory committee. (B) Public health exemption A referral to an advisory committee under subparagraph (A) is not required with respect to a new opioid drug or drugs if the Secretary— (i) finds that such a referral is not in the interest of protecting and promoting public health; (ii) finds that such a referral is not necessary based on a review of the relevant scientific information; and (iii) submits a notice containing the rationale for such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. (2) Pediatric opioid labeling The Secretary shall convene the Pediatric Advisory Committee of the Food and Drug Administration to seek recommendations from such Committee regarding a framework for the inclusion of information in the labeling of drugs that are opioids relating to the use of such drugs in pediatric populations before the Secretary approves any labeling or change to labeling for any drug that is an opioid intended for use in a pediatric population. (3) Sunset The requirements of paragraphs (1) and (2) shall cease to be effective on October 1, 2022. (b) Prescriber education Not later than 1 year after the date of the enactment of this Act, the Secretary, acting through the Commissioner of Food and Drugs, as part of the Food and Drug Administration’s evaluation of the Extended-Release/Long-Acting Opioid Analgesics Risk Evaluation and Mitigation Strategy, and in consultation with relevant stakeholders, shall develop recommendations regarding education programs for prescribers of opioids pursuant to section 505–1 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1 ), including recommendations on— (1) which prescribers should participate in such programs; and (2) how often participation in such programs is necessary. (c) Guidance on evaluating the abuse deterrence of generic solid oral opioid drug products Not later than 18 months after the end of the period for public comment on the draft guidance entitled General Principles for Evaluating the Abuse Deterrence of Generic Solid Oral Opioid Drug Products issued by the Center for Drug Evaluation and Research of the Food and Drug Administration in March 2016, the Commissioner of Food and Drugs shall publish in the Federal Register a final version of such guidance. 107. Improving access to overdose treatment (a) Grants for reducing overdose deaths Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ) is amended by adding at the end the following: 544. Grants for reducing overdose deaths (a) Establishment (1) In general The Secretary shall award grants to eligible entities to expand access to drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose. (2) Maximum grant amount A grant awarded under this section may not be for more than $200,000 per grant year. (3) Eligible entity For purposes of this section, the term eligible entity means a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act), an opioid treatment program under part 8 of title 42, Code of Federal Regulations, any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act, or any other entity that the Secretary deems appropriate. (4) Prescribing For purposes of this section, the term prescribing means, with respect to a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, the practice of prescribing such drug or device— (A) in conjunction with an opioid prescription for patients at an elevated risk of overdose; (B) in conjunction with an opioid agonist approved under section 505 of the Federal Food, Drug, and Cosmetic Act for the treatment of opioid use disorder; (C) to the caregiver or a close relative of patients at an elevated risk of overdose from opioids; or (D) in other circumstances in which a provider identifies a patient is at an elevated risk for an intentional or unintentional drug overdose from heroin or prescription opioid therapies. (b) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary, in such form and manner as specified by the Secretary, an application that describes— (1) the extent to which the area to which the entity will furnish services through use of the grant is experiencing significant morbidity and mortality caused by opioid abuse; (2) the criteria that will be used to identify eligible patients to participate in such program; and (3) a plan for sustaining the program after Federal support for the program has ended. (c) Use of funds An eligible entity receiving a grant under this section may use amounts under the grant for any of the following activities, but may use not more than 20 percent of the grant funds for activities described in paragraphs (3) and (4): (1) To establish a program for prescribing a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose. (2) To train and provide resources for health care providers and pharmacists on the prescribing of drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose. (3) To purchase drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, for distribution under the program described in paragraph (1). (4) To offset the co-payments and other cost sharing associated with drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose. (5) To establish protocols to connect patients who have experienced a drug overdose with appropriate treatment, including medication-assisted treatment and appropriate counseling and behavioral therapies. (d) Evaluations by recipients As a condition of receipt of a grant under this section, an eligible entity shall, for each year for which the grant is received, submit to the Secretary an evaluation of activities funded by the grant which contains such information as the Secretary may reasonably require. (e) Reports by the Secretary Not later than 5 years after the date on which the first grant under this section is awarded, the Secretary shall submit to the appropriate committees of the House of Representatives and of the Senate a report aggregating the information received from the grant recipients for such year under subsection (d) and evaluating the outcomes achieved by the programs funded by grants awarded under this section. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section, $5,000,000 for the period of fiscal years 2017 through 2021. . (b) Improving access to overdose treatment (1) Information on best practices Not later than 180 days after the date of enactment of this Act: (A) The Secretary of Health and Human Services may provide information to prescribers within Federally qualified health centers (as defined in paragraph (4) of section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), and the health care facilities of the Indian Health Service, on best practices for prescribing or co-prescribing a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders. (B) The Secretary of Defense may provide information to prescribers within Department of Defense medical facilities on best practices for prescribing or co-prescribing a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders. (C) The Secretary of Veterans Affairs may provide information to prescribers within Department of Veterans Affairs medical facilities on best practices for prescribing or co-prescribing a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) for emergency treatment of known or suspected opioid overdose, including for patients receiving chronic opioid therapy and patients being treated for opioid use disorders. (2) Rule of construction Nothing in this subsection should be construed to establish or contribute to a medical standard of care. 108. NIH opioid research (a) In general The Director of the National Institutes of Health (referred to in this section as the NIH ) may intensify and coordinate fundamental, translational, and clinical research of the NIH with respect to— (1) the understanding of pain; (2) the discovery and development of therapies for chronic pain; and (3) the development of alternatives to opioids for effective pain treatments. (b) Priority and direction The prioritization and direction of the Federally funded portfolio of pain research studies shall consider recommendations made by the Interagency Pain Research Coordinating Committee in concert with the Pain Management Best Practices Inter-Agency Task Force, and in accordance with the National Pain Strategy, the Federal Pain Research Strategy, and the NIH-Wide Strategic Plan for Fiscal Years 2016–2020, the latter of which calls for the relative burdens of individual diseases and medical disorders to be regarded as crucial considerations in balancing the priorities of the Federal research portfolio. 109. National All Schedules Prescription Electronic Reporting Reauthorization (a) Amendment to purpose Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 ( Public Law 109–60 ) is amended to read as follows: (1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and . (b) Amendments to controlled substance monitoring program Section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 ) is amended— (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A), by inserting , in consultation with the Administrator of the Substance Abuse and Mental Health Services Administration and Director of the Centers for Disease Control and Prevention, after the Secretary ; (B) in subparagraph (A), by striking or ; (C) in subparagraph (B), by striking the period at the end and inserting ; or ; and (D) by adding at the end the following: (C) to maintain an existing State-controlled substance monitoring program. ; (2) by amending subsection (b) to read as follows: (b) Minimum requirements The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A). ; (3) in subsection (c)— (A) in paragraph (1)(B)— (i) in the matter preceding clause (i), by striking (a)(1)(B) and inserting (a)(1)(B) or (a)(1)(C) ; (ii) in clause (i), by striking program to be improved and inserting program to be improved or maintained ; (iii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iv) by inserting after clause (ii), the following: (iii) a plan to apply the latest advances in health information technology, to the extent practicable, in order to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers to ensure timely access to patients’ controlled prescription drug history; ; (v) in clause (iv) (as so redesignated), by striking ; and and inserting the following: and at least one health information technology system such as electronic health records, health information exchanges, or e-prescribing systems; ; (vi) in clause (v) (as so redesignated)— (I) by striking public health and inserting public health or safety ; and (II) by striking the period and inserting ; and ; and (vii) by adding at the end the following: (vi) information, where applicable, on how the controlled substance monitoring program jointly works with the applicant’s respective State substance abuse agency to ensure information collected and maintained by the controlled substance monitoring program is used to inform the provision of clinically appropriate substance use disorder services to individuals in need. ; (B) in paragraph (3)— (i) by striking If a State that submits and inserting the following: (A) In general If a State that submits ; (ii) by inserting before the period at the end and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for the implementation of such interoperability ; and (iii) by adding at the end the following: (B) Monitoring of efforts The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A). ; and (C) in paragraph (5)— (i) by striking implement or improve and inserting establish, improve, or maintain ; and (ii) by adding at the end the following: 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 substance monitoring program under this section, 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 inserting public health or safety ; and (B) by adding at the end the following: (5) The State shall report on interoperability with the controlled substance monitoring program of Federal agencies, where appropriate, interoperability with health information technology systems such as electronic health records, health information exchanges, and e-prescribing, where appropriate, and whether or not the State provides automatic, up-to-date, or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient. ; (5) in subsections (e), (f)(1), and (g), by striking implementing or improving each place it appears and inserting establishing, improving, or maintaining ; (6) in subsection (f)— (A) in paragraph (1)— (i) in subparagraph (B), by striking misuse of a schedule II, III, or IV substance and inserting misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substances Act ; and (ii) in subparagraph (D)— (I) by inserting a State substance abuse agency, after State health department, ; and (II) by striking such department, program, or administration each place it appears and inserting such department, program, agency, or administration in each such place; and (B) by adding at the end the following: (3) Evaluation and reporting Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data to enable the Secretary— (A) to evaluate the success of the State’s program in achieving its purposes; or (B) to prepare and submit the report to Congress required by subsection (k)(2). (4) Research by other entities A department, program, agency, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes. ; (7) by striking subsection (k); (8) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively; (9) in subsections (c)(1)(A)(iv) and (d)(4), by striking subsection (h) each place it appears and inserting subsection (i) ; (10) by inserting after subsection (g) the following: (h) Education and access to the monitoring system A State receiving a grant under subsection (a) shall take steps to— (1) facilitate prescriber and dispenser use of the State’s controlled substance monitoring system, to the extent practicable; and (2) educate prescribers and dispensers on the benefits of the system. ; (11) in subsection (k)(2)(A), as so redesignated— (A) in clause (ii), by striking or affected and inserting , established or strengthened initiatives to ensure linkages to substance use disorder services, or affected ; and (B) in clause (iii), by striking including an assessment and inserting and between controlled substance monitoring programs and health information technology systems, including an assessment ; (12) in subsection (l)(1), by striking establishment, implementation, or improvement and inserting establishment, improvement, or maintenance ; (13) in subsection (m)(8), by striking and the District of Columbia and inserting , the District of Columbia, and any commonwealth or territory of the United States ; and (14) by amending subsection (n) to read as follows: (n) Authorization of appropriations To carry out this section, there are authorized to be appropriated, $10,000,000 for each of fiscal years 2017 through 2021. . 110. Opioid overdose reversal medication access and education grant programs (a) In general Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ), as amended by section 107, is further amended by adding at the end the following: 545. Opioid overdose reversal medication access and education grant programs (a) Grants to States The Secretary shall make grants to States to— (1) implement strategies for pharmacists to dispense a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, as appropriate, pursuant to a standing order; (2) encourage pharmacies to dispense opioid overdose reversal medication pursuant to a standing order; (3) develop or provide training materials that persons authorized to prescribe or dispense a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose may use to educate the public concerning— (A) when and how to safely administer such drug or device; and (B) steps to be taken after administering such drug or device; and (4) educate the public concerning the availability of drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose without a person-specific prescription. (b) Certain requirement A grant may be made under this section only if the State involved has authorized standing orders to be issued for drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose. (c) Preference in making grants In making grants under this section, the Secretary may give preference to States that have a significantly higher rate of opioid overdoses than the national average, and that— (1) have not implemented standing orders regarding drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; (2) authorize standing orders to be issued that permit community-based organizations, substance abuse programs, or other nonprofit entities to acquire, dispense, or administer drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; or (3) authorize standing orders to be issued that permit police, fire, or emergency medical services agencies to acquire and administer drugs or devices approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose. (d) Grant terms (1) Number A State may not receive more than one grant under this section at a time. (2) Period A grant under this section shall be for a period of 3 years. (3) Limitation A State may use not more than 20 percent of a grant under this section for educating the public pursuant to subsection (a)(4). (e) Applications To be eligible to receive a grant under this section, a State shall submit an application to the Secretary in such form and manner and containing such information as the Secretary may reasonably require, including detailed proposed expenditures of grant funds. (f) Reporting A State that receives a grant under this section shall, at least annually for the duration of the grant, submit a report to the Secretary evaluating the progress of the activities supported through the grant. Such reports shall include information on the number of pharmacies in the State that dispense a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose under a standing order, and other information as the Secretary determines appropriate to evaluate the use of grant funds. (g) Definitions In this section the term standing order means a document prepared by a person authorized to prescribe medication that permits another person to acquire, dispense, or administer medication without a person-specific prescription. (h) Authorization of appropriations (1) In general To carry out this section, there are authorized to be appropriated $5,000,000 for the period of fiscal years 2017 through 2019. (2) Administrative costs Not more than 3 percent of the amounts made available to carry out this section may be used by the Secretary for administrative expenses of carrying out this section. . (b) Technical clarification Effective as if included in the enactment of the Children’s Health Act of 2000 ( Public Law 106–310 ), section 3405(a) of such Act (114 Stat. 1221) is amended by striking Part E of title III and inserting Part E of title III of the Public Health Service Act . II Law enforcement and treatment 201. Comprehensive Opioid Abuse Grant Program (a) Comprehensive Opioid Abuse Grant Program (1) In general 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 the following: LL Comprehensive Opioid Abuse Grant Program 3021. Description (a) Grants authorized From amounts made available to carry out this part, the Attorney General may make grants to States, units of local government, and Indian tribes, for use by the State, unit of local government, or Indian tribe to provide services primarily relating to opioid abuse, including for any one or more of the following: (1) Developing, implementing, or expanding a treatment alternative to incarceration program, which may include— (A) prebooking or postbooking components, which may include the activities described in part DD or HH of this title; (B) training for criminal justice agency personnel on substance use disorders and co-occurring mental illness and substance use disorders; (C) a mental health court, including the activities described in part V of this title; (D) a drug court, including the activities described in part EE of this title; (E) a veterans treatment court program, including the activities described in subsection (i) of section 2991 of this title; (F) a focus on parents whose incarceration could result in their children entering the child welfare system; and (G) a community-based substance use diversion program sponsored by a law enforcement agency. (2) In the case of a State, facilitating or enhancing planning and collaboration between State criminal justice agencies and State substance abuse agencies in order to more efficiently and effectively carry out activities or services described in any paragraph of this subsection that address problems related to opioid abuse. (3) Providing training and resources for first responders on carrying and administering an opioid overdose reversal drug or device approved or cleared by the Food and Drug Administration, and purchasing such a drug or device for first responders who have received such training to so carry and administer. (4) Locating or investigating illicit activities related to the unlawful distribution of opioids. (5) Developing, implementing, or expanding a medication-assisted treatment program used or operated by a criminal justice agency, which may include training criminal justice agency personnel on medication-assisted treatment, and carrying out the activities described in part S of this title. (6) In the case of a State, developing, implementing, or expanding a prescription drug monitoring program to collect and analyze data related to the prescribing of schedules II, III, and IV controlled substances through a centralized database administered by an authorized State agency, which includes tracking the dispensation of such substances, and providing for interoperability and data sharing with each other such program in each other State, and with any interstate entity that shares information between such programs. (7) Developing, implementing, or expanding a program to prevent and address opioid abuse by juveniles. (8) Developing, implementing, or expanding a program (which may include demonstration projects) to utilize technology that provides a secure container for prescription drugs that would prevent or deter individuals, particularly adolescents, from gaining access to opioid medications that are lawfully prescribed for other individuals. (9) Developing, implementing, or expanding a prescription drug take-back program. (10) Developing, implementing, or expanding an integrated and comprehensive opioid abuse response program. (b) Contracts and subawards A State, unit of local government, or Indian tribe may, in using a grant under this part for purposes authorized by subsection (a), use all or a portion of that grant to contract with, or make one or more subawards to, one or more— (1) local or regional organizations that are private and nonprofit, including faith-based organizations; (2) units of local government; or (3) tribal organizations. (c) Program Assessment Component; Waiver (1) Program Assessment Component Each program funded under this part shall contain a program assessment component, developed pursuant to guidelines established by the Attorney General, in coordination with the National Institute of Justice. (2) Waiver The Attorney General may waive the requirement of paragraph (1) with respect to a program if, in the opinion of the Attorney General, the program is not of sufficient size to justify a full program assessment. (d) Administrative costs Not more than 10 percent of a grant made under this part may be used for costs incurred to administer such grant. (e) Period The period of a grant made under this part may not be longer than 4 years, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General. 3022. Applications To request a grant under this part, the chief executive officer of a State, unit of local government, or Indian tribe shall submit an application to the Attorney General at such time and in such form as the Attorney General may require. Such application shall include the following: (1) A certification that Federal funds made available under this part will not be used to supplant State, local, or tribal funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for the activities described in section 3021(a). (2) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (3) A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that— (A) the activities or services to be funded by the grant meet all the requirements of this part; (B) all the information contained in the application is correct; (C) there has been appropriate coordination with affected agencies; and (D) the applicant will comply with all provisions of this part and all other applicable Federal laws. (4) An assurance that the applicant will work with the Drug Enforcement Administration to develop an integrated and comprehensive strategy to address opioid abuse. 3023. Review of applications The Attorney General shall not finally disapprove any application (or any amendment to that application) submitted under this part without first affording the applicant reasonable notice of any deficiencies in the application and an opportunity for correction of any such deficiencies and reconsideration. 3024. Equitable distribution of funds In awarding grants under this part, the Attorney General shall distribute funds in a manner that— (1) equitably addresses the needs of underserved populations, including rural and tribal communities; and (2) focuses on communities that have been disproportionately impacted by opioid abuse as evidenced in part by— (A) high rates of primary treatment admissions for heroin and other opioids; (B) high rates of drug poisoning deaths from heroin and other opioids; and (C) a lack of accessibility to treatment providers and facilities and to emergency medical services. 3025. Definitions In this part: (1) The term first responder includes a firefighter, law enforcement officer, paramedic, emergency medical technician, or other individual (including an employee of a legally organized and recognized volunteer organization, whether compensated or not), who, in the course of his or her professional duties, responds to fire, medical, hazardous material, or other similar emergencies. (2) The term medication-assisted treatment means the use of medications approved by the Food and Drug Administration for the treatment of opioid abuse. (3) The term opioid means any drug, including heroin, having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. (4) The term schedule II, III, or IV controlled substance means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (5) The terms drug and device have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (6) The term criminal justice agency means a State, local, or tribal— (A) court; (B) prison; (C) jail; (D) law enforcement agency; or (E) other agency that performs the administration of criminal justice, including prosecution, pretrial services, and community supervision. (7) The term tribal organization has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (8) The term State substance abuse agency has the meaning given that term in section 508(r)(6) of the Public Health Service Act ( 42 U.S.C. 290bb–1 ). . (2) Authorization of appropriations Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a) ) is amended by inserting after paragraph (26) the following: (27) There are authorized to be appropriated to carry out part LL $103,000,000 for each of fiscal years 2017 through 2021. . (b) Emergency Federal law enforcement assistance Section 609Y(a) of the Justice Assistance Act of 1984 ( 42 U.S.C. 10513(a) ) is amended by striking September 30, 1984 and inserting September 30, 2021 . (c) Inclusion of services for pregnant women under family-Based substance abuse grants Part DD of title I of the Omnibus Crime Control and Safe Streets Act ( 42 U.S.C. 3797s et seq. ) is amended— (1) in section 2921(2), by inserting before the period at the end or pregnant women ; and (2) in section 2927— (A) in paragraph (1)(A), by inserting pregnant or before a parent ; and (B) in paragraph (3), by inserting or pregnant women after incarcerated parents . (d) GAO study and report on Federal agency programs and research relative to substance use and substance use disorders among adolescents and young adults (1) Study The Comptroller General of the United States shall conduct a study on how Federal agencies, through grant programs, are addressing prevention of, treatment for, and recovery from, substance use by, and substance use disorders among, adolescents and young adults. Such study shall include an analysis of each of the following: (A) The research that has been, and is being, conducted or supported pursuant to grant programs operated by Federal agencies on prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including an assessment of— (i) such research relative to any unique circumstances (including social and biological circumstances) of adolescents and young adults that may make adolescent-specific and young adult-specific treatment protocols necessary, including any effects that substance use and substance use disorders may have on brain development and the implications for treatment and recovery; and (ii) areas of such research in which greater investment or focus is necessary relative to other areas of such research. (B) Federal agency nonresearch programs and activities that address prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including an assessment of the effectiveness of such programs and activities in preventing substance use by and substance use disorders among adolescents and young adults, treating such adolescents and young adults in a way that accounts for any unique circumstances faced by adolescents and young adults, and supports long-term recovery among adolescents and young adults. (C) Gaps that have been identified by officials of Federal agencies or experts in the efforts supported by grant programs operated by Federal agencies relating to prevention of, treatment for, and recovery from substance use by and substance use disorders among adolescents and young adults, including gaps in research, data collection, and measures to evaluate the effectiveness of such efforts, and the reasons for such gaps. (2) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of the Congress a report containing the results of the study conducted under paragraph (1), including— (A) a summary of the findings of the study; and (B) recommendations based on the results of the study, including recommendations for such areas of research and legislative and administrative action as the Comptroller General determines appropriate. 202. First responder training Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ), as amended by section 110, is further amended by adding at the end the following: 546. First responder training (a) Program authorized The Secretary shall make grants to States, local governmental entities, and Indian tribes and tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) to allow first responders and members of other key community sectors to administer a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose. (b) Application (1) In general An entity seeking a grant under this section shall submit an application to the Secretary— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Criteria An entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; (C) identify the governmental and community agencies with which the entity will coordinate to implement the program; and (D) describe how the entity will ensure that law enforcement agencies will coordinate with their corresponding State substance abuse and mental health agencies to identify protocols and resources that are available to overdose victims and families, including information on treatment and recovery resources. (c) Use of funds An entity shall use a grant received under this section to— (1) make a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose available to be carried and administered by first responders and members of other key community sectors; (2) train and provide resources for first responders and members of other key community sectors on carrying and administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and (3) establish processes, protocols, and mechanisms for referral to appropriate treatment, which may include an outreach coordinator or team to connect individuals receiving opioid overdose reversal drugs to followup services. (d) Technical assistance grants The Secretary shall make a grant for the purpose of providing technical assistance and training on the use of a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, and mechanisms for referral to appropriate treatment for an entity receiving a grant under this section. (e) Geographic distribution In making grants under this section, the Secretary shall ensure that not less than 20 percent of grant funds are awarded to eligible entities that are not located in metropolitan statistical areas (as defined by the Office of Management and Budget). The Secretary shall take into account the unique needs of rural communities, including communities with an incidence of individuals with opioid use disorder that is above the national average and communities with a shortage of prevention and treatment services. (f) Evaluation The Secretary shall conduct an evaluation of grants made under this section to determine— (1) the number of first responders and members of other key community sectors equipped with a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; (2) the number of opioid and heroin overdoses reversed by first responders and members of other key community sectors receiving training and supplies of a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, through a grant received under this section; (3) the number of responses to requests for services by the entity or subgrantee, to opioid and heroin overdose; and (4) the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated $12,000,000 for each of fiscal years 2017 through 2021. . 203. Prescription drug take back expansion (a) Definition of covered entity In this section, the term covered entity means— (1) a State, local, or tribal law enforcement agency; (2) a manufacturer, distributor, or reverse distributor of prescription medications; (3) a retail pharmacy; (4) a registered narcotic treatment program; (5) a hospital or clinic with an onsite pharmacy; (6) an eligible long-term care facility; or (7) any other entity authorized by the Drug Enforcement Administration to dispose of prescription medications. (b) Program authorized The Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall coordinate with covered entities in expanding or making available disposal sites for unwanted prescription medications. III Treatment and recovery 301. Evidence-based prescription opioid and heroin treatment and interventions demonstration Subpart 1 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb et seq. ) is amended by adding at the end the following: 514B. Evidence-based prescription opioid and heroin treatment and interventions demonstration (a) Grants To expand access (1) Authority to award grants The Secretary shall award grants, contracts, or cooperative agreements to State substance abuse agencies, units of local government, nonprofit organizations, and Indian tribes and tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) that have a high rate, or have had a rapid increase, in the use of heroin or other opioids, in order to permit such entities to expand activities, including an expansion in the availability of evidence-based medication-assisted treatment and other clinically appropriate services, with respect to the treatment of addiction in the specific geographical areas of such entities where there is a high rate or rapid increase in the use of heroin or other opioids, such as in rural areas. (2) Nature of activities Funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids. (b) Application To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (c) Evaluation An entity that receives a grant, contract, or cooperative agreement under subsection (a) shall submit, in the application for such grant, contract, or agreement a plan for the evaluation of any project undertaken with funds provided under this section. Such entity shall provide the Secretary with periodic evaluations of the progress of such project and an evaluation at the completion of such project as the Secretary determines to be appropriate. (d) Geographic distribution In awarding grants, contracts, and cooperative agreements under this section, the Secretary shall ensure that not less than 15 percent of funds are awarded to eligible entities that are not located in metropolitan statistical areas (as defined by the Office of Management and Budget). The Secretary shall take into account the unique needs of rural communities, including communities with an incidence of individuals with opioid use disorder that is above the national average and communities with a shortage of prevention and treatment services. (e) Additional activities In administering grants, contracts, and cooperative agreements under subsection (a), the Secretary shall— (1) evaluate the activities supported under such subsection; (2) disseminate information, as appropriate, derived from evaluations as the Secretary considers appropriate; (3) provide States, Indian tribes and tribal organizations, and providers with technical assistance in connection with the provision of treatment of problems related to heroin and other opioids; and (4) fund only those applications that specifically support recovery services as a critical component of the program involved. (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated $25,000,000 for each of fiscal years 2017 through 2021. . 302. Building communities of recovery Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ), as amended by section 202, is further amended by adding at the end the following: 547. Building communities of recovery (a) Definition In this section, the term recovery community organization means an independent nonprofit organization that— (1) mobilizes resources within and outside of the recovery community to increase the prevalence and quality of long-term recovery from substance use disorders; and (2) is wholly or principally governed by people in recovery for substance use disorders who reflect the community served. (b) Grants authorized The Secretary shall award grants to recovery community organizations to enable such organizations to develop, expand, and enhance recovery services. (c) Federal share The Federal share of the costs of a program funded by a grant under this section may not exceed 50 percent. (d) Use of funds Grants awarded under subsection (b)— (1) shall be used to develop, expand, and enhance community and statewide recovery support services; and (2) may be used to— (A) build connections between recovery networks, between recovery community organizations, and with other recovery support services, including— (i) behavioral health providers; (ii) primary care providers and physicians; (iii) the criminal justice system; (iv) employers; (v) housing services; (vi) child welfare agencies; and (vii) other recovery support services that facilitate recovery from substance use disorders; (B) reduce the stigma associated with substance use disorders; and (C) conduct outreach on issues relating to substance use disorders and recovery, including— (i) identifying the signs of addiction; (ii) the resources available to individuals struggling with addiction and to families with a family member struggling with, or being treated for, addiction, including programs that mentor and provide support services to children; (iii) the resources available to help support individuals in recovery; and (iv) related medical outcomes of substance use disorders, the potential of acquiring an infectious disease from intravenous drug use, and neonatal abstinence syndrome among infants exposed to opioids during pregnancy. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2017 through 2021. . 303. Medication-assisted treatment for recovery from addiction (a) In general (1) In general Section 303(g)(2) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2) ) is amended— (A) in subparagraph (B), by striking clauses (i), (ii), and (iii) and inserting the following: (i) The practitioner is a qualifying practitioner (as defined in subparagraph (G)). (ii) With respect to patients to whom the practitioner will provide such drugs or combinations of drugs, the practitioner has the capacity to provide directly, by referral, or in such other manner as determined by the Secretary— (I) all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder, including for maintenance, detoxification, overdose reversal, and relapse prevention; and (II) appropriate counseling and other appropriate ancillary services. (iii) (I) The total number of such patients of the practitioner at any one time will not exceed the applicable number. Except as provided in subclause (II), the applicable number is 30. (II) The applicable number is 100 if, not sooner than 1 year after the date on which the practitioner submitted the initial notification, the practitioner submits a second notification to the Secretary of the need and intent of the practitioner to treat up to 100 patients. (III) The Secretary may by regulation change such applicable number. (IV) The Secretary may exclude from the applicable number patients to whom such drugs or combinations of drugs are directly administered by the qualifying practitioner in the office setting. ; (B) in subparagraph (D)— (i) in clause (ii), by striking Upon receiving a notification under subparagraph (B) and inserting Upon receiving a determination from the Secretary under clause (iii) finding that a practitioner meets all requirements for a waiver under subparagraph (B) ; and (ii) in clause (iii)— (I) by inserting and shall forward such determination to the Attorney General before the period at the end of the first sentence; and (II) by striking physician and inserting practitioner ; (C) in subparagraph (G)— (i) by amending clause (ii)(I) to read as follows: (I) The physician holds a board certification in addiction psychiatry or addiction medicine from the American Board of Medical Specialties. ; (ii) by amending clause (ii)(II) to read as follows: (II) The physician holds an addiction certification or board certification from the American Society of Addiction Medicine or the American Board of Addiction Medicine. ; (iii) in clause (ii)(III), by striking subspecialty ; (iv) by amending clause (ii)(IV) to read as follows: (IV) The physician has, with respect to the treatment and management of opiate-dependent patients, completed not less than 8 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause. Such training shall include— (aa) opioid maintenance and detoxification; (bb) appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder; (cc) initial and periodic patient assessments (including substance use monitoring); (dd) individualized treatment planning, overdose reversal, and relapse prevention; (ee) counseling and recovery support services; (ff) staffing roles and considerations; (gg) diversion control; and (hh) other best practices, as identified by the Secretary. ; and (v) by adding at the end the following: (iii) The term qualifying practitioner means— (I) a qualifying physician, as defined in clause (ii); or (II) during the period beginning on the date of enactment of the Comprehensive Addiction and Recovery Act of 2016 and ending on October 1, 2021, a qualifying other practitioner, as defined in clause (iv). (iv) The term qualifying other practitioner means a nurse practitioner or physician assistant who satisfies each of the following: (I) The nurse practitioner or physician assistant is licensed under State law to prescribe schedule III, IV, or V medications for the treatment of pain. (II) The nurse practitioner or physician assistant has— (aa) completed not fewer than 24 hours of initial training addressing each of the topics listed in clause (ii)(IV) (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Nurses Credentialing Center, the American Psychiatric Association, the American Association of Nurse Practitioners, the American Academy of Physician Assistants, or any other organization that the Secretary determines is appropriate for purposes of this subclause; or (bb) has such other training or experience as the Secretary determines will demonstrate the ability of the nurse practitioner or physician assistant to treat and manage opiate-dependent patients. (III) The nurse practitioner or physician assistant is supervised by, or works in collaboration with, a qualifying physician, if the nurse practitioner or physician assistant is required by State law to prescribe medications for the treatment of opioid use disorder in collaboration with or under the supervision of a physician. The Secretary may, by regulation, revise the requirements for being a qualifying other practitioner under this clause. ; and (D) in subparagraph (H)— (i) in clause (i), by inserting after subclause (II) the following: (III) Such other elements of the requirements under this paragraph as the Secretary determines necessary for purposes of implementing such requirements. ; and (ii) by amending clause (ii) to read as follows: (ii) Not later than 18 months after the date of enactment of the Opioid Use Disorder Treatment Expansion and Modernization Act , the Secretary shall update the treatment improvement protocol containing best practice guidelines for the treatment of opioid-dependent patients in office-based settings. The Secretary shall update such protocol in consultation with experts in opioid use disorder research and treatment. . (2) Opioid defined Section 102(18) of the Controlled Substances Act ( 21 U.S.C. 802(18) ) is amended by inserting or opioid after The term opiate . (3) Reports to Congress (A) In general Not later than 3 years after the date of enactment of this Act and not later than 3 years thereafter, the Secretary of Health and Human Services, in consultation with the Drug Enforcement Administration and experts in opioid use disorder research and treatment, shall— (i) perform a thorough review of the provision of opioid use disorder treatment services in the United States, including services provided in opioid treatment programs and other specialty and nonspecialty settings; and (ii) submit a report to the Congress on the findings and conclusions of such review. (B) Contents Each report under subparagraph (A) shall include an assessment of— (i) compliance with the requirements of section 303(g)(2) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2) ), as amended by this section; (ii) the measures taken by the Secretary of Health and Human Services to ensure such compliance; (iii) whether there is further need to increase or decrease the number of patients a practitioner, pursuant to a waiver under section 303(g)(2) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2) ), is permitted to treat; (iv) the extent to which, and proportions with which, the full range of Food and Drug Administration-approved treatments for opioid use disorder are used in routine health care settings and specialty substance use disorder treatment settings; (v) access to, and use of, counseling and recovery support services, including the percentage of patients receiving such services; (vi) changes in State or local policies and legislation relating to opioid use disorder treatment; (vii) the use of prescription drug monitoring programs by practitioners who are permitted to dispense narcotic drugs to individuals pursuant to a waiver described in clause (iii); (viii) the findings resulting from inspections by the Drug Enforcement Administration of practitioners described in clause (vii); and (ix) the effectiveness of cross-agency collaboration between Department of Health and Human Services and the Drug Enforcement Administration for expanding effective opioid use disorder treatment. (b) State flexibility Section 303(g)(2) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2) ) is amended by striking subparagraphs (I) and (J), and inserting the following: (I) Notwithstanding section 708, nothing in this paragraph shall be construed to preempt any State law that— (i) permits a qualifying practitioner to dispense narcotic drugs in schedule III, IV, or V, or combinations of such drugs, for maintenance or detoxification treatment in accordance with this paragraph to a total number of patients that is more than 30 or less than the total number applicable to the qualifying practitioner under subparagraph (B)(iii)(II) if a State enacts a law modifying such total number and the Attorney General is notified by the State of such modification; or (ii) requires a qualifying practitioner to comply with additional requirements relating to the dispensing of narcotic drugs in schedule III, IV, or V, or combinations of such drugs, including requirements relating to the practice setting in which the qualifying practitioner practices and education, training, and reporting requirements. . (c) Update regulations Not later than 18 months after the date of enactment of this Act, the Attorney General and the Secretary of Health and Human Services, as appropriate, shall update regulations regarding practitioners described in subsection (a)(3)(B)(vii) (as amended by this section) to include nurse practitioners and physician assistants to ensure the quality of patient care and prevent diversion. IV Addressing collateral consequences 401. GAO report on recovery and collateral consequences (a) Report required Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that— (1) describes the collateral consequences for individuals with convictions for nonviolent drug-related offenses; (2) describes the effect of the collateral consequences described in paragraph (1) on individuals in resuming their personal and professional activities, especially, to the extent data are available, the effect on individuals who are participating in or have completed a recovery program for a substance use disorder; (3) discusses policy bases and justifications for imposing collateral consequences on individuals convicted of nonviolent drug-related offenses identified under paragraph (1); and (4) provides perspectives on the potential for mitigating the effect of the collateral consequences described in paragraph (1) on individuals who are participating in or have completed a recovery program, while also taking into account the policy interests described in paragraph (3). (b) Definition In this section, the term collateral consequence — (1) means a penalty, disability, or disadvantage imposed upon an individual as a result of a criminal conviction for a drug-related offense— (A) automatically by operation of law; or (B) by authorized action of an administrative agency or court on a case-by-case basis; and (2) does not include a direct consequence imposed as part of the judgment of a court at sentencing, including a term of imprisonment or community supervision, or a fine. V Addiction and treatment services for women, families, and veterans 501. Improving treatment for pregnant and postpartum women (a) General amendments to the residential treatment program for pregnant and postpartum women Section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by inserting (referred to in this section as the Director ) after Substance Abuse Treatment ; (ii) by striking grants, cooperative agreement, and inserting grants, including the grants under subsection (r), cooperative agreements ; and (iii) by striking for substance abuse and inserting for substance use disorders ; and (B) in paragraph (1), by inserting or receive outpatient treatment services from after reside in ; (2) in subsection (b)(2), by inserting and her children before the period at the end; (3) in subsection (c)— (A) in paragraph (1), by striking to the woman of the services and inserting of services for the woman and her children ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking substance abuse and inserting substance use disorders ; and (ii) in subparagraph (B), by striking such abuse and inserting such a disorder ; (4) in subsection (d)— (A) in paragraph (3)(A), by striking maternal substance abuse and inserting a maternal substance use disorder ; (B) by amending paragraph (4) to read as follows: (4) Providing therapeutic, comprehensive child care for children during the periods in which the woman is engaged in therapy or in other necessary health and rehabilitative activities. ; (C) in paragraphs (9), (10), and (11), by striking women each place such term appears and inserting woman ; (D) in paragraph (9), by striking units and inserting unit ; and (E) in paragraph (11)— (i) in subparagraph (A), by striking their children and inserting any child of such woman ; (ii) in subparagraph (B), by striking ; and and inserting a semicolon; (iii) in subparagraph (C), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (D) family reunification with children in kinship or foster care arrangements, where safe and appropriate. ; (5) in subsection (e)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking substance abuse and inserting substance use disorders ; and (ii) in subparagraph (B), by striking substance abuse and inserting substance use disorders ; and (B) in paragraph (2)— (i) by striking (A) Subject and inserting the following: (A) In general Subject ; (ii) in subparagraph (B)— (I) by striking (B)(i) In the case and inserting the following: (B) Waiver of participation agreements (i) In general In the case ; and (II) by striking (ii) A determination and inserting the following: (ii) Donations A determination ; and (iii) by striking (C) With respect and inserting the following: (C) Nonapplication of certain requirements With respect ; (6) in subsection (g)— (A) by striking who are engaging in substance abuse and inserting who have a substance use disorder ; and (B) by striking such abuse and inserting such disorder ; (7) in subsection (j)— (A) in the matter preceding paragraph (1), by striking to on and inserting to or on ; and (B) in paragraph (3), by striking Office for and inserting Office of ; (8) by amending subsection (m) to read as follows: (m) Allocation of awards In making awards under subsection (a), the Director shall give priority to an applicant that agrees to use the award for a program serving an area that is a rural area, an area designated under section 332 by the Secretary as a health professional shortage area, or an area determined by the Director to have a shortage of family-based substance use disorder treatment options. ; and (9) in subsection (q)— (A) in paragraph (3), by striking funding agreement under subsection (a) and inserting funding agreement ; and (B) in paragraph (4), by striking substance abuse and inserting a substance use disorder . (b) Reauthorization of program Section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ), as amended by subsection (a), is further amended— (1) in subsection (p), in the first sentence, by inserting (other than subsection (r)) after section ; and (2) in subsection (r), by striking such sums and all that follows through 2003 and inserting $16,900,000 for each of fiscal years 2017 through 2021 . (c) Pilot program grants for State substance abuse agencies (1) In general Section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ), as amended by subsections (a) and (b), is further amended— (A) by redesignating subsection (r), as amended by subsection (b), as subsection (s); and (B) by inserting after subsection (q) the following new subsection: (r) Pilot program for State substance abuse agencies (1) In general From amounts made available under subsection (s), the Director of the Center for Substance Abuse Treatment shall carry out a pilot program under which competitive grants are made by the Director to State substance abuse agencies— (A) to enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; (B) to help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in nonresidential-based settings; and (C) to promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery. (2) Requirements In carrying out the pilot program under this subsection, the Director shall— (A) require State substance abuse agencies to submit to the Director applications, in such form and manner and containing such information as specified by the Director, to be eligible to receive a grant under the program; (B) identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants; (C) require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; (D) not require that services furnished through such a grant be provided solely to women that reside in facilities; (E) not require that grant recipients under the program make available through use of the grant all the services described in subsection (d); and (F) consider not applying the requirements described in paragraphs (1) and (2) of subsection (f) to an applicant, depending on the circumstances of the applicant. (3) Required services (A) In general The Director shall specify a minimum set of services required to be made available to eligible women through a grant awarded under the pilot program under this subsection. Such minimum set of services— (i) shall include the services requirements described in subsection (c) and be based on the recommendations submitted under subparagraph (B); and (ii) may be selected from among the services described in subsection (d) and include other services as appropriate. (B) Stakeholder input The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from substance abuse, and other appropriate individuals, for the minimum set of services described in subparagraph (A). (4) Duration The pilot program under this subsection shall not exceed 5 years. (5) Evaluation and Report to Congress (A) In general The Director of the Center for Behavioral Health Statistics and Quality shall evaluate the pilot program at the conclusion of the first grant cycle funded by the pilot program. (B) Report The Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment shall submit to the relevant committees of jurisdiction of the House of Representatives and the Senate a report on the evaluation under subparagraph (A). The report shall include, at a minimum— (i) outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs; (ii) engagement in treatment services; (iii) retention in the appropriate level and duration of services; (iv) increased access to the use of medications approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling; and (v) other appropriate measures. (C) Recommendation The report under subparagraph (B) shall include a recommendation by the Director of the Center for Substance Abuse Treatment as to whether the pilot program under this subsection should be extended. (6) State substance abuse agencies defined For purposes of this subsection, the term State substance abuse agency means, with respect to a State, the agency in such State that manages the Substance Abuse Prevention and Treatment Block Grant under part B of title XIX. . (2) Funding Subsection (s) of section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ), as amended by subsection (a) and redesignated by paragraph (1), is further amended by adding at the end the following new sentences: Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016. . 502. Veterans treatment courts Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following: (i) Assisting veterans (1) Definitions In this subsection: (A) Peer-to-peer services or programs The term peer-to-peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. (B) Qualified veteran The term qualified veteran means a preliminarily qualified offender who— (i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and (ii) was discharged or released from such service under conditions other than dishonorable, unless the reason for the dishonorable discharge was attributable to a substance abuse disorder. (C) Veterans treatment court program The term veterans treatment court program means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with— (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; or (iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, or assistance in applying for and obtaining available benefits. (2) Veterans assistance program (A) In general The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand— (i) veterans treatment court programs; (ii) peer-to-peer services or programs for qualified veterans; (iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; or (iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. (B) Priority In awarding grants under this subsection, the Attorney General shall give priority to applications that— (i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; (ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and (iii) propose interventions with empirical support to improve outcomes for qualified veterans. . 503. Infant plan of safe care (a) Best practices for development of plans of safe care Section 103(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5104(b) ) is amended— (1) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (2) by inserting after paragraph (4) the following: (5) maintain and disseminate information about the requirements of section 106(b)(2)(B)(iii) and best practices relating to the development of plans of safe care as described in such section for infants born and identified as being affected by substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder; . (b) State plans Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b)(2)(B) ) is amended— (1) in clause (ii), by striking illegal substance abuse and inserting substance abuse ; and (2) in clause (iii)— (A) by striking illegal substance abuse and inserting substance abuse ; and (B) by inserting before the semicolon at the end the following: to ensure the safety and well-being of such infant following release from the care of health care providers, including through— (I) addressing the health and substance use disorder treatment needs of the infant and affected family or caregiver; and (II) the development and implementation by the State of monitoring systems regarding the implementation of such plans to determine whether and in what manner local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver . (c) Data reports (1) In general Section 106(d) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(d) ) is amended by adding at the end of the following: (17) The number of infants— (A) identified under subsection (b)(2)(B)(ii); (B) for whom a plan of safe care was developed under subsection (b)(2)(B)(iii); and (C) for whom a referral was made for appropriate services, including services for the affected family or caregiver, under subsection (b)(2)(B)(iii). . (2) Redesignation Effective on May 29, 2017, section 106(d) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(d) ) is amended by redesignating paragraph (17) (as added by paragraph (1)) as paragraph (18). (d) Monitoring and oversight (1) Amendment Title I of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq. ) is amended by adding at the end the following: 114. Monitoring and oversight The Secretary shall conduct monitoring to ensure that each State that receives a grant under section 106 is in compliance with the requirements of section 106(b), which— (1) shall— (A) be in addition to the review of the State plan upon its submission under section 106(b)(1)(A); and (B) include monitoring of State policies and procedures required under clauses (ii) and (iii) of section 106(b)(2)(B); and (2) may include— (A) a comparison of activities carried out by the State to comply with the requirements of section 106(b) with the State plan most recently approved under section 432 of the Social Security Act; (B) a review of information available on the website of the State relating to its compliance with the requirements of section 106(b); (C) site visits, as may be necessary to carry out such monitoring; and (D) a review of information available in the State's Annual Progress and Services Report most recently submitted under section 1357.16 of title 45, Code of Federal Regulations (or successor regulations). . (2) Table of contents The table of contents in section 1(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note) is amended by inserting after the item relating to section 113, the following: Sec. 114. Monitoring and oversight. . (e) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to authorize the Secretary of Health and Human Services or any other officer of the Federal Government to add new requirements to section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) ), as amended by this section. 504. GAO report on neonatal abstinence syndrome (NAS) (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate a report on neonatal abstinence syndrome (in this section referred to as NAS ) in the United States. (b) Information To be included in report Such report shall include information on the following: (1) The prevalence of NAS in the United States, including the proportion of children born in the United States with NAS who are eligible for medical assistance under State Medicaid programs under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) at birth, and the costs associated with coverage under such programs for treatment of infants with NAS. (2) The services for which coverage is available under State Medicaid programs for treatment of infants with NAS. (3) The settings (including inpatient, outpatient, hospital-based, and other settings) for the treatment of infants with NAS and the reimbursement methodologies and costs associated with such treatment in such settings. (4) The prevalence of utilization of various care settings under State Medicaid programs for treatment of infants with NAS and any Federal barriers to treating such infants under such programs, particularly in non-hospital-based settings. (5) What is known about best practices for treating infants with NAS. (c) Recommendations Such report also shall include such recommendations as the Comptroller General determines appropriate for improvements that will ensure access to treatment for infants with NAS under State Medicaid programs. VI Incentivizing State comprehensive initiatives to address prescription opioid abuse 601. State demonstration grants for comprehensive opioid abuse response Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ), as amended by section 302, is further amended by adding at the end the following: 548. State demonstration grants for comprehensive opioid abuse response (a) Definitions In this section: (1) Dispenser The term dispenser has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) Prescriber The term prescriber means a dispenser who prescribes a controlled substance, or the agent of such a dispenser. (3) Prescriber of a schedule II, III, or IV controlled substance The term prescriber of a schedule II, III, or IV controlled substance does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance— (A) for use on the premises on which the substance is dispensed; (B) in a hospital emergency room, when the substance is in short supply; (C) for a certified opioid treatment program; or (D) in other situations as the Secretary may reasonably determine. (4) Schedule II, III, or IV controlled substance The term schedule II, III, or IV controlled substance means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 202(c) of the Controlled Substances Act. (b) Grants for comprehensive opioid abuse response (1) In general The Secretary shall award grants to States, and combinations of States, to implement an integrated opioid abuse response initiative. (2) Purposes A State receiving a grant under this section shall establish a comprehensive response plan to opioid abuse, which may include— (A) education efforts around opioid use, treatment, and addiction recovery, including education of residents, medical students, and physicians and other prescribers of schedule II, III, or IV controlled substances on relevant prescribing guidelines, the prescription drug monitoring program of the State described in subparagraph (B), and overdose prevention methods; (B) establishing, maintaining, or improving a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which may— (i) provide for data sharing with other States; and (ii) allow all individuals authorized by the State to write prescriptions for schedule II, III, or IV controlled substances to access the prescription drug monitoring program of the State; (C) developing, implementing, or expanding prescription drug and opioid addiction treatment programs by— (i) expanding the availability of treatment for prescription drug and opioid addiction, including medication-assisted treatment and behavioral health therapy, as appropriate; (ii) developing, implementing, or expanding screening for individuals in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and treating or referring those individuals if clinically appropriate; or (iii) developing, implementing, or expanding recovery support services and programs at high schools or institutions of higher education; (D) developing, implementing, and expanding efforts to prevent overdose death from opioid abuse or addiction to prescription medications and opioids; and (E) advancing the education and awareness of the public, providers, patients, consumers, and other appropriate entities regarding the dangers of opioid abuse, safe disposal of prescription medications, and detection of early warning signs of opioid use disorders. (3) Application A State seeking a grant under this section shall submit to the Secretary an application in such form, and containing such information, as the Secretary may reasonably require. (4) Use of funds A State that receives a grant under this section shall use the grant for the cost, including the cost for technical assistance, training, and administration expenses, of carrying out an integrated opioid abuse response initiative as outlined by the State’s comprehensive response plan to opioid abuse established under paragraph (2). (5) Priority considerations In awarding grants under this section, the Secretary shall, as appropriate, give priority to a State that— (A) (i) provides civil liability protection for first responders, health professionals, and family members who have received appropriate training in administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and (ii) submits to the Secretary a certification by the attorney general of the State that the attorney general has— (I) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who— (aa) have received appropriate training in administering a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and (bb) may administer a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose; and (II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons; (B) has a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration; (C) ensures the capability of data sharing with other States, where applicable, such as by making data available to a prescription monitoring hub; (D) ensures that data recorded in the prescription drug monitoring program database of the State are regularly updated, to the extent possible; (E) ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected; and (F) has in effect one or more statutes or implements policies that maximize use of prescription drug monitoring programs by individuals authorized by the State to prescribe schedule II, III, or IV controlled substances. (6) Evaluation In conducting an evaluation of the program under this section pursuant to section 701 of the Comprehensive Addiction and Recovery Act of 2016, with respect to a State, the Secretary shall report on State legislation or policies related to maximizing the use of prescription drug monitoring programs and the incidence of opioid use disorders and overdose deaths in such State. (7) States with local prescription drug monitoring programs (A) In general In the case of a State that does not have a prescription drug monitoring program, a county or other unit of local government within the State that has a prescription drug monitoring program shall be treated as a State for purposes of this section, including for purposes of eligibility for grants under paragraph (1). (B) Plan for interoperability In submitting an application to the Secretary under paragraph (3), a county or other unit of local government shall submit a plan outlining the methods such county or unit of local government shall use to ensure the capability of data sharing with other counties and units of local government within the state and with other States, as applicable. (c) Authorization of funding For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021. . VII Miscellaneous 701. Grant accountability and evaluations (a) Department of Justice grant accountability Part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ), as added by section 201, is amended by adding at the end the following: 3026. Grant accountability (a) Definition of applicable committees In this section, the term applicable committees means— (1) the Committee on the Judiciary of the Senate; and (2) the Committee on the Judiciary of the House of Representatives. (b) Accountability All grants awarded by the Attorney General under this part shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months after the date on which the final audit report is issued. (B) Audit Beginning in the first fiscal year beginning after the date of enactment of this section, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants awarded by the Attorney General under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority In awarding grants under this part, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part. (E) Reimbursement If an entity is awarded grant funds under this part during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this paragraph and the grant programs under this part, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (B) Prohibition A nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986 may not— (i) be party to a contract entered into under section 3021(b); or (ii) receive a subaward under section 3021(b). (C) Disclosure Each nonprofit organization that receives a subaward or is party to a contract entered into under section 3021(b) and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose, in the application for such contract or subaward, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection. (3) Conference expenditures (A) Limitation No amounts made available to the Attorney General under this part may be used by the Attorney General, or by any State, unit of local government, or entity awarded a grant, subaward, or contract under this part, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Attorney General, unless the head of the relevant agency, bureau, or program office provides prior written authorization that the funds may be expended to host or support the conference. (B) Written authorization Written authorization under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. (C) Report The Deputy Attorney General shall submit to the applicable committees an annual report on all conference expenditures approved by the Attorney General under this paragraph. (4) Annual certification Beginning in the first fiscal year beginning after the date of enactment of this section, the Attorney General shall submit to the applicable committees an annual certification— (A) indicating whether— (i) all audits issued by the Inspector General of the Department of Justice under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and (iii) all reimbursements required under paragraph (1)(E) have been made; and (B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. (c) Preventing duplicative grants (1) In general Before the Attorney General awards a grant to an applicant under this part, the Attorney General shall compare potential grant awards with other grants awarded under this part by the Attorney General to determine if duplicate grant awards are awarded for the same purpose. (2) Report If the Attorney General awards duplicate grants under this part to the same applicant for the same purpose, the Attorney General shall submit to the applicable committees a report that includes— (A) a list of all duplicate grants awarded under this part, including the total dollar amount of any duplicate grants awarded; and (B) the reason the Attorney General awarded the duplicate grants. . (b) Evaluation of Performance of Department of Justice Programs (1) Evaluation of Justice Department Comprehensive Opioid Abuse Grant Program Not later than 5 years after the date of enactment of this Act, the Attorney General shall complete an evaluation of the effectiveness of the Comprehensive Opioid Abuse Grant Program under part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 201, administered by the Department of Justice based upon the information reported under paragraph (4). (2) Interim evaluation Not later than 3 years after the date of enactment of this Act, the Attorney General shall complete an interim evaluation assessing the nature and extent of the incidence of opioid abuse and illegal opioid distribution in the United States. (3) Metrics and outcomes for evaluation Not later than 180 days after the date of enactment of this Act, the Attorney General shall identify outcomes that are to be achieved by activities funded by the Comprehensive Opioid Abuse Grant Program and the metrics by which the achievement of such outcomes shall be determined. (4) Metrics Data Collection The Attorney General shall require grantees under the Comprehensive Opioid Abuse Grant Program (and those receiving subawards under section 3021(b) of part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 201) to collect and annually report to the Department of Justice data based upon the metrics identified under paragraph (3). (5) Publication of Data and Findings (A) Publication of Outcomes and Metrics The Attorney General shall, not later than 30 days after completion of the requirement under paragraph (3), publish the outcomes and metrics identified under that paragraph. (B) Publication of Evaluation In the case of the interim evaluation under paragraph (2), and the final evaluation under paragraph (1), the entity conducting the evaluation shall, not later than 90 days after such an evaluation is completed, publish the results of such evaluation and issue a report on such evaluation to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. Such report shall also be published along with the data used to make such evaluation. (6) Independent Evaluation For purposes of paragraphs (1), (2), and (3), the Attorney General shall— (A) enter into an arrangement with the National Academy of Sciences; or (B) enter into a contract or cooperative agreement with an entity that is not an agency of the Federal Government, and is qualified to conduct and evaluate research pertaining to opioid use and abuse, and draw conclusions about overall opioid use and abuse on the basis of that research. (c) Department of Health and Human Services grant accountability (1) Definitions In this subsection: (A) Applicable Committees The term applicable committees means— (i) the Committee on Health, Education, Labor and Pensions of the Senate; and (ii) the Committee on Energy and Commerce of the House of Representatives. (B) Covered grant The term covered grant means a grant awarded by the Secretary under a program established under this Act (or an amendment made by this Act, other than sections 703 through 707), including any grant administered by the Administrator of the Substance Abuse and Mental Health Services Administration under section 103. (C) Grantee The term grantee means the recipient of a covered grant. (D) Secretary The term Secretary means the Secretary of Health and Human Services. (2) Accountability measures Each covered grant shall be subject to the following accountability requirements: (A) Effectiveness report The Secretary shall require grantees to report on the effectiveness of the activities carried out with amounts made available to carry out the program under which the covered grant is awarded, including the number of persons served by such grant, if applicable, the number of persons seeking services who could not be served by such grant, and such other information as the Secretary may prescribe. (B) Report on prevention of fraud, waste, and abuse (i) In general Not later than 1 year after the date of the enactment of this Act, the Secretary, in coordination with the Inspector General of the Department of Health and Human Services, shall submit to the applicable committees a report on the policies and procedures the Department has in place to prevent waste, fraud, and abuse in the administration of covered grants. (ii) Contents The policies and procedures referred to in clause (i) shall include policies and procedures that are designed to— (I) prevent grantees from utilizing funds awarded through a covered grant for unauthorized expenditures or otherwise unallowable costs; and (II) ensure grantees will not receive unwarranted duplicate grants for the same purpose. (C) Conference expenditures (i) In general No amounts made available to the Secretary under this Act (or in a provision of law amended by this Act, other than sections 703 through 707) may be used by the Secretary, or by any individual or entity awarded discretionary funds through a cooperative agreement under a program established under this Act (or in a provision of law amended by this Act), to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Secretary, unless the head of the relevant operating division or program office provides prior written authorization that the funds may be expended to host or support the conference. Such written authorization shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. (ii) Report The Secretary (or the Secretary’s designee) shall submit to the applicable committees an annual report on all conference expenditures approved by the Secretary under this subparagraph. (d) Evaluation of Performance of Department of Health and Human Services Programs (1) Evaluations (A) In general Not later than 5 years after the date of enactment of this Act, except as otherwise provided in this section, the Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall complete an evaluation of any program administered by the Secretary included in this Act (or an amendment made by this Act, excluding sections 703 through 707), including any grant administered by the Administrator of the Substance Abuse and Mental Health Services Administration under section 103, that provides grants for the primary purpose of providing assistance in addressing problems pertaining to opioid abuse based upon the outcomes and metrics identified under paragraph (2). (B) Publication With respect to each evaluation completed under subparagraph (A), the Secretary shall, not later than 90 days after the date on which such evaluation is completed, publish the results of such evaluation and issue a report on such evaluation to the appropriate committees. Such report shall also be published along with the data used to make such evaluation. (2) Metrics and outcomes (A) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall identify— (i) outcomes that are to be achieved by activities funded by the programs described in paragraph (1)(A); and (ii) the metrics by which the achievement of such outcomes shall be determined. (B) Publication The Secretary shall, not later than 30 days after completion of the requirement under subparagraph (A), publish the outcomes and metrics identified under such subparagraph. (3) Metrics data collection The Secretary shall require grantees under the programs described in paragraph (1)(A) to collect, and annually report to the Secretary, data based upon the metrics identified under paragraph (2)(A). (4) Independent evaluation For purposes of paragraph (1), the Secretary shall— (A) enter into an arrangement with the National Academy of Sciences; or (B) enter into a contract or cooperative agreement with an entity that— (i) is not an agency of the Federal Government; and (ii) is qualified to conduct and evaluate research pertaining to opioid use and abuse and draw conclusions about overall opioid use and abuse on the basis of that research. (5) Exception If a program described in paragraph (1)(A) is subject to an evaluation similar to the evaluation required under such paragraph pursuant to another provision of Federal law, the Secretary may opt not to conduct an evaluation under such paragraph with respect to such program. (e) Additional report In the case of a report submitted under subsection (c) to the applicable committees, if such report pertains to a grant under section 103, that report shall also be submitted, in the same manner and at the same time, to the Committee on Oversight and Government Reform of the House of Representatives and to the Committee on the Judiciary of the Senate. (f) No additional funds authorized No additional funds are authorized to be appropriated to carry out this section. 702. Partial fills of schedule II controlled substances (a) In general Section 309 of the Controlled Substances Act ( 21 U.S.C. 829 ) is amended by adding at the end the following: (f) Partial fills of schedule II controlled substances (1) Partial fills A prescription for a controlled substance in schedule II may be partially filled if— (A) it is not prohibited by State law; (B) the prescription is written and filled in accordance with this title, regulations prescribed by the Attorney General, and State law; (C) the partial fill is requested by the patient or the practitioner that wrote the prescription; and (D) the total quantity dispensed in all partial fillings does not exceed the total quantity prescribed. (2) Remaining portions (A) In general Except as provided in subparagraph (B), remaining portions of a partially filled prescription for a controlled substance in schedule II— (i) may be filled; and (ii) shall be filled not later than 30 days after the date on which the prescription is written. (B) Emergency situations In emergency situations, as described in subsection (a), the remaining portions of a partially filled prescription for a controlled substance in schedule II— (i) may be filled; and (ii) shall be filled not later than 72 hours after the prescription is issued. (3) Currently lawful partial fills Notwithstanding paragraph (1) or (2), in any circumstance in which, as of the day before the date of enactment of this subsection, a prescription for a controlled substance in schedule II may be lawfully partially filled, the Attorney General may allow such a prescription to be partially filled. . (b) Rule of construction Nothing in this section shall be construed to affect the authority of the Attorney General to allow a prescription for a controlled substance in schedule III, IV, or V of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ) to be partially filled. 703. Good samaritan assessment (a) Finding The Congress finds that the executive branch, including the Office of National Drug Control Policy, has a policy focus on preventing and addressing prescription drug misuse and heroin use, and has worked with States and municipalities to enact Good Samaritan laws that would protect caregivers, law enforcement personnel, and first responders who administer opioid overdose reversal drugs or devices. (b) GAO Study on Good Samaritan laws pertaining to treatment of opioid overdoses The Comptroller General of the United States shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on— (1) the extent to which the Director of National Drug Control Policy has reviewed Good Samaritan laws, and any findings from such a review, including findings related to the potential effects of such laws, if available; (2) efforts by the Director to encourage the enactment of Good Samaritan laws; and (3) a compilation of Good Samaritan laws in effect in the States, the territories, and the District of Columbia. (c) Definitions In this section— (1) the term Good Samaritan law means a law of a State or unit of local government that exempts from criminal or civil liability any individual who administers an opioid overdose reversal drug or device, or who contacts emergency services providers in response to an overdose; and (2) the term opioid means any drug, including heroin, having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. 704. Programs to prevent prescription drug abuse under Medicare parts C and D (a) Drug management program for at-Risk beneficiaries (1) In general Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–10(c) ) is amended by adding at the end the following: (5) Drug management program for at-risk beneficiaries (A) Authority to establish A PDP sponsor may establish a drug management program for at-risk beneficiaries under which, subject to subparagraph (B), the PDP sponsor may, in the case of an at-risk beneficiary for prescription drug abuse who is an enrollee in a prescription drug plan of such PDP sponsor, limit such beneficiary’s access to coverage for frequently abused drugs under such plan to frequently abused drugs that are prescribed for such beneficiary by one or more prescribers selected under subparagraph (D), and dispensed for such beneficiary by one or more pharmacies selected under such subparagraph. (B) Requirement for notices (i) In general A PDP sponsor may not limit the access of an at-risk beneficiary for prescription drug abuse to coverage for frequently abused drugs under a prescription drug plan until such sponsor— (I) provides to the beneficiary an initial notice described in clause (ii) and a second notice described in clause (iii); and (II) verifies with the providers of the beneficiary that the beneficiary is an at-risk beneficiary for prescription drug abuse. (ii) Initial notice An initial notice described in this clause is a notice that provides to the beneficiary— (I) notice that the PDP sponsor has identified the beneficiary as potentially being an at-risk beneficiary for prescription drug abuse; (II) information describing all State and Federal public health resources that are designed to address prescription drug abuse to which the beneficiary has access, including mental health services and other counseling services; (III) notice of, and information about, the right of the beneficiary to appeal such identification under subsection (h) and the option of an automatic escalation to external review; (IV) a request for the beneficiary to submit to the PDP sponsor preferences for which prescribers and pharmacies the beneficiary would prefer the PDP sponsor to select under subparagraph (D) in the case that the beneficiary is identified as an at-risk beneficiary for prescription drug abuse as described in clause (iii)(I); (V) an explanation of the meaning and consequences of the identification of the beneficiary as potentially being an at-risk beneficiary for prescription drug abuse, including an explanation of the drug management program established by the PDP sponsor pursuant to subparagraph (A); (VI) clear instructions that explain how the beneficiary can contact the PDP sponsor in order to submit to the PDP sponsor the preferences described in subclause (IV) and any other communications relating to the drug management program for at-risk beneficiaries established by the PDP sponsor; and (VII) contact information for other organizations that can provide the beneficiary with assistance regarding such drug management program (similar to the information provided by the Secretary in other standardized notices provided to part D eligible individuals enrolled in prescription drug plans under this part). (iii) Second notice A second notice described in this clause is a notice that provides to the beneficiary notice— (I) that the PDP sponsor has identified the beneficiary as an at-risk beneficiary for prescription drug abuse; (II) that such beneficiary is subject to the requirements of the drug management program for at-risk beneficiaries established by such PDP sponsor for such plan; (III) of the prescriber (or prescribers) and pharmacy (or pharmacies) selected for such individual under subparagraph (D) ; (IV) of, and information about, the beneficiary’s right to appeal such identification under subsection (h) and the option of an automatic escalation to external review; (V) that the beneficiary can, in the case that the beneficiary has not previously submitted to the PDP sponsor preferences for which prescribers and pharmacies the beneficiary would prefer the PDP sponsor select under subparagraph (D), submit such preferences to the PDP sponsor; and (VI) that includes clear instructions that explain how the beneficiary can contact the PDP sponsor. (iv) Timing of notices (I) In general Subject to subclause (II), a second notice described in clause (iii) shall be provided to the beneficiary on a date that is not less than 30 days after an initial notice described in clause (ii) is provided to the beneficiary. (II) Exception In the case that the PDP sponsor, in conjunction with the Secretary, determines that concerns identified through rulemaking by the Secretary regarding the health or safety of the beneficiary or regarding significant drug diversion activities require the PDP sponsor to provide a second notice described in clause (iii) to the beneficiary on a date that is earlier than the date described in subclause (I), the PDP sponsor may provide such second notice on such earlier date. (C) At-risk beneficiary for prescription drug abuse (i) In general For purposes of this paragraph, the term at-risk beneficiary for prescription drug abuse means a part D eligible individual who is not an exempted individual described in clause (ii) and— (I) who is identified as such an at-risk beneficiary through the use of clinical guidelines that indicate misuse or abuse of prescription drugs described in subparagraph (G) and that are developed by the Secretary in consultation with PDP sponsors and other stakeholders, including individuals entitled to benefits under part A or enrolled under part B, advocacy groups representing such individuals, physicians, pharmacists, and other clinicians, retail pharmacies, plan sponsors, entities delegated by plan sponsors, and biopharmaceutical manufacturers; or (II) with respect to whom the PDP sponsor of a prescription drug plan, upon enrolling such individual in such plan, received notice from the Secretary that such individual was identified under this paragraph to be an at-risk beneficiary for prescription drug abuse under the prescription drug plan in which such individual was most recently previously enrolled and such identification has not been terminated under subparagraph (F). (ii) Exempted individual described An exempted individual described in this clause is an individual who— (I) receives hospice care under this title; (II) is a resident of a long-term care facility, of a facility described in section 1905(d), or of another facility for which frequently abused drugs are dispensed for residents through a contract with a single pharmacy; or (III) the Secretary elects to treat as an exempted individual for purposes of clause (i). (iii) Program size The Secretary shall establish policies, including the guidelines developed under clause (i)(I) and the exemptions under clause (ii)(III), to ensure that the population of enrollees in a drug management program for at-risk beneficiaries operated by a prescription drug plan can be effectively managed by such plans. (iv) Clinical contact With respect to each at-risk beneficiary for prescription drug abuse enrolled in a prescription drug plan offered by a PDP sponsor, the PDP sponsor shall contact the beneficiary’s providers who have prescribed frequently abused drugs regarding whether prescribed medications are appropriate for such beneficiary’s medical conditions. (D) Selection of prescribers and pharmacies (i) In general With respect to each at-risk beneficiary for prescription drug abuse enrolled in a prescription drug plan offered by such sponsor, a PDP sponsor shall, based on the preferences submitted to the PDP sponsor by the beneficiary pursuant to clauses (ii)(IV) and (iii)(V) of subparagraph (B) (except as otherwise provided in this subparagraph) select— (I) one, or, if the PDP sponsor reasonably determines it necessary to provide the beneficiary with reasonable access under clause (ii), more than one, individual who is authorized to prescribe frequently abused drugs (referred to in this paragraph as a prescriber ) who may write prescriptions for such drugs for such beneficiary; and (II) one, or, if the PDP sponsor reasonably determines it necessary to provide the beneficiary with reasonable access under clause (ii), more than one, pharmacy that may dispense such drugs to such beneficiary. For purposes of subclause (II), in the case of a pharmacy that has multiple locations that share real-time electronic data, all such locations of the pharmacy shall collectively be treated as one pharmacy. (ii) Reasonable access In making the selections under this subparagraph— (I) a PDP sponsor shall ensure that the beneficiary continues to have reasonable access to frequently abused drugs (as defined in subparagraph (G)), taking into account geographic location, beneficiary preference, impact on costsharing, and reasonable travel time; and (II) a PDP sponsor shall ensure such access (including access to prescribers and pharmacies with respect to frequently abused drugs) in the case of individuals with multiple residences, in the case of natural disasters and similar situations, and in the case of the provision of emergency services. (iii) Beneficiary preferences If an at-risk beneficiary for prescription drug abuse submits preferences for which in-network prescribers and pharmacies the beneficiary would prefer the PDP sponsor select in response to a notice under subparagraph (B), the PDP sponsor shall— (I) review such preferences; (II) select or change the selection of prescribers and pharmacies for the beneficiary based on such preferences; and (III) inform the beneficiary of such selection or change of selection. (iv) Exception regarding beneficiary preferences In the case that the PDP sponsor determines that a change to the selection of prescriber or pharmacy under clause (iii)(II) by the PDP sponsor is contributing or would contribute to prescription drug abuse or drug diversion by the beneficiary, the PDP sponsor may change the selection of prescriber or pharmacy for the beneficiary without regard to the preferences of the beneficiary described in clause (iii). If the PDP sponsor changes the selection pursuant to the preceding sentence, the PDP sponsor shall provide the beneficiary with— (I) at least 30 days written notice of the change of selection; and (II) a rationale for the change. (v) Confirmation Before selecting a prescriber or pharmacy under this subparagraph, a PDP sponsor must notify the prescriber and pharmacy that the beneficiary involved has been identified for inclusion in the drug management program for at-risk beneficiaries and that the prescriber and pharmacy has been selected as the beneficiary’s designated prescriber and pharmacy. (E) Terminations and appeals The identification of an individual as an at-risk beneficiary for prescription drug abuse under this paragraph, a coverage determination made under a drug management program for at-risk beneficiaries, the selection of prescriber or pharmacy under subparagraph (D), and information to be shared under subparagraph (I), with respect to such individual, shall be subject to reconsideration and appeal under subsection (h) and the option of an automatic escalation to external review to the extent provided by the Secretary. (F) Termination of identification (i) In general The Secretary shall develop standards for the termination of identification of an individual as an at-risk beneficiary for prescription drug abuse under this paragraph. Under such standards such identification shall terminate as of the earlier of— (I) the date the individual demonstrates that the individual is no longer likely, in the absence of the restrictions under this paragraph, to be an at-risk beneficiary for prescription drug abuse described in subparagraph (C)(i); and (II) the end of such maximum period of identification as the Secretary may specify. (ii) Rule of construction Nothing in clause (i) shall be construed as preventing a plan from identifying an individual as an at-risk beneficiary for prescription drug abuse under subparagraph (C)(i) after such termination on the basis of additional information on drug use occurring after the date of notice of such termination. (G) Frequently abused drug For purposes of this subsection, the term frequently abused drug means a drug that is a controlled substance that the Secretary determines to be frequently abused or diverted. (H) Data disclosure (i) Data on decision to impose limitation In the case of an at-risk beneficiary for prescription drug abuse (or an individual who is a potentially at-risk beneficiary for prescription drug abuse) whose access to coverage for frequently abused drugs under a prescription drug plan has been limited by a PDP sponsor under this paragraph, the Secretary shall establish rules and procedures to require the PDP sponsor to disclose data, including any necessary individually identifiable health information, in a form and manner specified by the Secretary, about the decision to impose such limitations and the limitations imposed by the sponsor under this part. (ii) Data to reduce fraud, abuse, and waste The Secretary shall establish rules and procedures to require PDP sponsors operating a drug management program for at-risk beneficiaries under this paragraph to provide the Secretary with such data as the Secretary determines appropriate for purposes of identifying patterns of prescription drug utilization for plan enrollees that are outside normal patterns and that may indicate fraudulent, medically unnecessary, or unsafe use. (I) Sharing of information for subsequent plan enrollments The Secretary shall establish procedures under which PDP sponsors who offer prescription drug plans shall share information with respect to individuals who are at-risk beneficiaries for prescription drug abuse (or individuals who are potentially at-risk beneficiaries for prescription drug abuse) and enrolled in a prescription drug plan and who subsequently disenroll from such plan and enroll in another prescription drug plan offered by another PDP sponsor. (J) Privacy issues Prior to the implementation of the rules and procedures under this paragraph, the Secretary shall clarify privacy requirements, including requirements under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), related to the sharing of data under subparagraphs (H) and (I) by PDP sponsors. Such clarification shall provide that the sharing of such data shall be considered to be protected health information in accordance with the requirements of the regulations promulgated pursuant to such section 264(c). (K) Education The Secretary shall provide education to enrollees in prescription drug plans of PDP sponsors and providers regarding the drug management program for at-risk beneficiaries described in this paragraph, including education— (i) provided by Medicare administrative contractors through the improper payment outreach and education program described in section 1874A(h); and (ii) through current education efforts (such as State health insurance assistance programs described in subsection (a)(1)(A) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 ( 42 U.S.C. 1395b–3 note)) and materials directed toward such enrollees. (L) Application under MA–PD plans Pursuant to section 1860D–21(c)(1), the provisions of this paragraph apply under part D to MA organizations offering MA–PD plans to MA eligible individuals in the same manner as such provisions apply under this part to a PDP sponsor offering a prescription drug plan to a part D eligible individual. (M) CMS compliance review The Secretary shall ensure that existing plan sponsor compliance reviews and audit processes include the drug management programs for at-risk beneficiaries under this paragraph, including appeals processes under such programs. . (2) Information for consumers Section 1860D–4(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1395w–104(a)(1)(B) ) is amended by adding at the end the following: (v) The drug management program for at-risk beneficiaries under subsection (c)(5). . (3) Dual eligibles Section 1860D–1(b)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–101(b)(3)(D) ) is amended by inserting , subject to such limits as the Secretary may establish for individuals identified pursuant to section 1860D–4(c)(5) after the Secretary . (b) Utilization management programs Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ), as amended by subsection (a)(1), is further amended— (1) in paragraph (1), by inserting after subparagraph (D) the following new subparagraph: (E) A utilization management tool to prevent drug abuse (as described in paragraph (6)(A)). ; and (2) by adding at the end the following new paragraph: (6) Utilization management tool to prevent drug abuse (A) In general A tool described in this paragraph is any of the following: (i) A utilization tool designed to prevent the abuse of frequently abused drugs by individuals and to prevent the diversion of such drugs at pharmacies. (ii) Retrospective utilization review to identify— (I) individuals that receive frequently abused drugs at a frequency or in amounts that are not clinically appropriate; and (II) providers of services or suppliers that may facilitate the abuse or diversion of frequently abused drugs by beneficiaries. (iii) Consultation with the contractor described in subparagraph (B) to verify if an individual enrolling in a prescription drug plan offered by a PDP sponsor has been previously identified by another PDP sponsor as an individual described in clause (ii)(I). (B) Reporting A PDP sponsor offering a prescription drug plan (and an MA organization offering an MA–PD plan) in a State shall submit to the Secretary and the Medicare drug integrity contractor with which the Secretary has entered into a contract under section 1893 with respect to such State a report, on a monthly basis, containing information on— (i) any provider of services or supplier described in subparagraph (A)(ii)(II) that is identified by such plan sponsor (or organization) during the 30-day period before such report is submitted; and (ii) the name and prescription records of individuals described in paragraph (5)(C). (C) CMS compliance review The Secretary shall ensure that plan sponsor compliance reviews and program audits biennially include a certification that utilization management tools under this paragraph are in compliance with the requirements for such tools. . (c) Expanding Activities of Medicare Drug Integrity Contractors (MEDICs) (1) In general Section 1893 of the Social Security Act ( 42 U.S.C. 1395ddd ) is amended by adding at the end the following new subsection: (j) Expanding Activities of Medicare Drug Integrity Contractors (MEDICs) (1) Access to information Under contracts entered into under this section with Medicare drug integrity contractors (including any successor entity to a Medicare drug integrity contractor), the Secretary shall authorize such contractors to directly accept prescription and necessary medical records from entities such as pharmacies, prescription drug plans, MA–PD plans, and physicians with respect to an individual in order for such contractors to provide information relevant to the determination of whether such individual is an at-risk beneficiary for prescription drug abuse, as defined in section 1860D–4(c)(5)(C). (2) Requirement for acknowledgment of referrals If a PDP sponsor or MA organization refers information to a contractor described in paragraph (1) in order for such contractor to assist in the determination described in such paragraph, the contractor shall— (A) acknowledge to the sponsor or organization receipt of the referral; and (B) in the case that any PDP sponsor or MA organization contacts the contractor requesting to know the determination by the contractor of whether or not an individual has been determined to be an individual described in such paragraph, shall inform such sponsor or organization of such determination on a date that is not later than 15 days after the date on which the sponsor or organization contacts the contractor. (3) Making data available to other entities (A) In general For purposes of carrying out this subsection, subject to subparagraph (B), the Secretary shall authorize MEDICs to respond to requests for information from PDP sponsors and MA organizations, State prescription drug monitoring programs, and other entities delegated by such sponsors or organizations using available programs and systems in the effort to prevent fraud, waste, and abuse. (B) HIPAA compliant information only Information may only be disclosed by a MEDIC under subparagraph (A) if the disclosure of such information is permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). . (2) OIG study and report on effectiveness of MEDICs (A) Study The Inspector General of the Department of Health and Human Services shall conduct a study on the effectiveness of Medicare drug integrity contractors with which the Secretary of Health and Human Services has entered into a contract under section 1893 of the Social Security Act ( 42 U.S.C. 1395ddd ) in identifying, combating, and preventing fraud under the Medicare program, including under the authority provided under section 1893(j) of the Social Security Act, added by paragraph (1). (B) Report Not later than 24 months after the date of the enactment of this Act, the Inspector General shall submit to Congress a report on the study conducted under subparagraph (A). Such report shall include such recommendations for improvements in the effectiveness of such contractors as the Inspector General determines appropriate. (d) Treatment of certain complaints for purposes of quality or performance assessment Section 1860D–42 of the Social Security Act ( 42 U.S.C. 1395w–152 ) is amended by adding at the end the following new subsection: (d) Treatment of certain complaints for purposes of quality or performance assessment In conducting a quality or performance assessment of a PDP sponsor, the Secretary shall develop or utilize existing screening methods for reviewing and considering complaints that are received from enrollees in a prescription drug plan offered by such PDP sponsor and that are complaints regarding the lack of access by the individual to prescription drugs due to a drug management program for at-risk beneficiaries. . (e) Sense of congress regarding use of technology tools To combat fraud It is the sense of Congress that MA organizations and PDP sponsors should consider using e-prescribing and other health information technology tools to support combating fraud under MA–PD plans and prescription drug plans under parts C and D of the Medicare program. (f) Reports (1) Report by Secretary on appeals process (A) In general Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate committees of jurisdiction of Congress a report on ways to improve upon the appeals process for Medicare beneficiaries with respect to prescription drug coverage under part D of title XVIII of the Social Security Act. Such report shall include an analysis comparing appeals processes under parts C and D of such title XVIII. (B) Feedback In development of the report described in subparagraph (A), the Secretary of Health and Human Services shall solicit feedback on the current appeals process from stakeholders, such as beneficiaries, consumer advocates, plan sponsors, pharmacy benefit managers, pharmacists, providers, independent review entity evaluators, and pharmaceutical manufacturers. (2) GAO study and report (A) Study The Comptroller General of the United States shall conduct a study on the implementation of the amendments made by this section, including the effectiveness of the at-risk beneficiaries for prescription drug abuse drug management programs authorized by section 1860D–4(c)(5) of the Social Security Act ( 42 U.S.C. 1395w–10(c)(5) ), as added by subsection (a)(1). Such study shall include an analysis of— (i) the impediments, if any, that impair the ability of individuals described in subparagraph (C) of such section 1860D–4(c)(5) to access clinically appropriate levels of prescription drugs; (ii) the effectiveness of the reasonable access protections under subparagraph (D)(ii) of such section 1860D–4(c)(5), including the impact on beneficiary access and health; (iii) the types of— (I) individuals who, in the implementation of such section, are determined to be individuals described in such subparagraph (C); and (II) prescribers and pharmacies that are selected under subparagraph (D) of such section; and (iv) other areas determined appropriate by the Comptroller General. (B) Report Not later than July 1, 2019, the Comptroller General of the United States shall submit to the appropriate committees of jurisdiction of Congress a report on the study conducted under subparagraph (A), together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate. (g) Effective date; rulemaking (1) In general The amendments made by this section shall apply to prescription drug plans (and MA–PD plans) for plan years beginning on or after January 1, 2019. (2) Stakeholder meetings prior to effective date (A) In general Not later than January 1, 2017, the Secretary of Health and Human Services shall convene stakeholders, including individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, advocacy groups representing such individuals, physicians, pharmacists, and other clinicians, retail pharmacies, plan sponsors, entities delegated by plan sponsors, and biopharmaceutical manufacturers for input regarding the topics described in subparagraph (B). The input described in the preceding sentence shall be provided to the Secretary in sufficient time in order for the Secretary to take such input into account in promulgating the regulations pursuant to paragraph (3). (B) Topics described The topics described in this subparagraph are the topics of— (i) the anticipated impact of drug management programs for at-risk beneficiaries under paragraph (5) of section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ) on cost-sharing and ensuring accessibility to prescription drugs for enrollees in prescription drug plans of PDP sponsors, and enrollees in MA–PD plans, who are at-risk beneficiaries for prescription drug abuse (as defined in subparagraph (C) of such paragraph); (ii) the use of an expedited appeals process under which such an enrollee may appeal an identification of such enrollee as an at-risk beneficiary for prescription drug abuse under such paragraph (similar to the processes established under the Medicare Advantage program under part C of title XVIII of the Social Security Act that allow an automatic escalation to external review of claims submitted under such part); (iii) the types of enrollees that should be treated as exempted individuals, as described in subparagraph (C)(ii) of such paragraph; (iv) the manner in which terms and definitions in such paragraph should be applied, such as the use of clinical appropriateness in determining whether an enrollee is an at-risk beneficiary for prescription drug abuse as defined in subparagraph (C) of such paragraph; (v) the information to be included in the notices described in subparagraph (B) of such paragraph and the standardization of such notices; (vi) with respect to a PDP sponsor (or Medicare Advantage organization) that establishes a drug management program for at-risk beneficiaries under such paragraph, the responsibilities of such PDP sponsor (or organization) with respect to the implementation of such program; (vii) notices for plan enrollees at the point of sale that would explain why an at-risk beneficiary has been prohibited from receiving a prescription at a location outside of the designated pharmacy; (viii) evidence-based prescribing guidelines for opiates; and (ix) the sharing of claims data under parts A and B of title XVIII of the Social Security Act with PDP sponsors. (3) Rulemaking Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall, taking into account the input gathered pursuant to paragraph (2)(A) and after providing notice and an opportunity to comment, promulgate regulations to carry out the provisions of, and amendments made by this section. (h) Deposit of Savings Into Medicare Improvement Fund Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) ) is amended by striking during and after fiscal year 2020, $0 and inserting during and after fiscal year 2021, $140,000,000 . 705. Excluding abuse-deterrent formulations of prescription drugs from the Medicaid additional rebate requirement for new formulations of prescription drugs (a) In general The last sentence of section 1927(c)(2)(C) of the Social Security Act ( 42 U.S.C. 1396r–8(c)(2)(C) ) is amended by inserting before the period at the end the following: , but does not include an abuse-deterrent formulation of the drug (as determined by the Secretary), regardless of whether such abuse-deterrent formulation is an extended release formulation . (b) Effective date The amendment made by subsection (a) shall apply to drugs that are paid for by a State in calendar quarters beginning on or after the date of the enactment of this Act. 706. Limiting disclosure of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse (a) In general Title XI of the Social Security Act is amended by inserting after section 1128J ( 42 U.S.C. 1320a–7k ) the following new section: 1128K. Disclosure of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse (a) Reference to predictive modeling technologies requirements For provisions relating to the use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children’s Health Insurance Program under title XXI, see section 4241 of the Small Business Jobs Act of 2010 ( 42 U.S.C. 1320a–7m ). (b) Limiting disclosure of predictive modeling technologies In implementing such provisions under such section 4241 with respect to covered algorithms (as defined in subsection (c)), the following shall apply: (1) Nonapplication of FOIA The covered algorithms used or developed for purposes of such section 4241 (including by the Secretary or a State (or an entity operating under a contract with a State)) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. (2) Limitation with respect to use and disclosure of information by State agencies (A) In general A State agency may not use or disclose covered algorithms used or developed for purposes of such section 4241 except for purposes of administering the State plan (or a waiver of the plan) under the Medicaid program under title XIX or the State child health plan (or a waiver of the plan) under the Children’s Health Insurance Program under title XXI, including by enabling an entity operating under a contract with a State to assist the State to identify or prevent waste, fraud, and abuse with respect to such programs. (B) Information security A State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of covered algorithms used or developed for purposes of such section 4241 and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures described in subparagraph (A). (C) Procedural requirements State agencies to which information is disclosed pursuant to such section 4241 shall adhere to uniform procedures established by the Secretary. (c) Covered algorithm defined In this section, the term covered algorithm — (1) means a predictive modeling or other analytics technology, as used for purposes of section 4241(a) of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a–7m(a)) to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children’s Health Insurance Program under title XXI; and (2) includes the mathematical expressions utilized in the application of such technology and the means by which such technology is developed. . (b) Conforming amendments (1) Medicaid State plan requirement Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (A) in paragraph (80), by striking and at the end; (B) in paragraph (81), by striking the period at the end and inserting ; and ; and (C) by inserting after paragraph (81) the following new paragraph: (82) provide that the State agency responsible for administering the State plan under this title provides assurances to the Secretary that the State agency is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2). . (2) State child health plan requirement Section 2102(a)(7) of the Social Security Act ( 42 U.S.C. 1397bb(a)(7) ) is amended— (A) in subparagraph (A), by striking , and at the end and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (C) to ensure that the State agency involved is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2). . 707. Medicaid Improvement Fund Section 1941(b)(1) of the Social Security Act ( 42 U.S.C. 1396w–1(b)(1) ) is amended to read as follows: (1) In general There shall be available to the Fund, for expenditures from the Fund for fiscal year 2021 and thereafter, $5,000,000. . 708. Sense of the Congress regarding treatment of substance abuse epidemics It is the sense of the Congress that decades of experience and research have demonstrated that a fiscally responsible approach to addressing the opioid abuse epidemic and other substance abuse epidemics requires treating such epidemics as a public health emergency emphasizing prevention, treatment, and recovery. VIII Kingpin Designation Improvement 801. Protection of classified information in Federal court challenges relating to designations under the Narcotics Kingpin Designation Act Section 804 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1903 ) is amended by adding at the end the following: (i) Protection of classified information in Federal court challenges relating to designations In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review. . IX Department of Veterans Affairs 901. Short title This title may be cited as the Jason Simcakoski Memorial and Promise Act . 902. Definitions In this title: (1) The term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) The term State means each of the several States, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (3) The term complementary and integrative health has the meaning given that term, or any successor term, by the National Institutes of Health. (4) The term opioid receptor antagonist means a drug or device approved or cleared under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) for emergency treatment of known or suspected opioid overdose. A Opioid therapy and pain management 911. Improvement of opioid safety measures by Department of Veterans Affairs (a) Expansion of opioid safety initiative (1) Inclusion of all medical facilities Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall expand the Opioid Safety Initiative of the Department of Veterans Affairs to include all medical facilities of the Department. (2) Guidance The Secretary shall establish guidance that each health care provider of the Department of Veterans Affairs, before initiating opioid therapy to treat a patient as part of the comprehensive assessment conducted by the health care provider, use the Opioid Therapy Risk Report tool of the Department of Veterans Affairs (or any subsequent tool), which shall include information from the prescription drug monitoring program of each participating State as applicable, that includes the most recent information to date relating to the patient that accessed such program to assess the risk for adverse outcomes of opioid therapy for the patient, including the concurrent use of controlled substances such as benzodiazepines, as part of the comprehensive assessment conducted by the health care provider. (3) Enhanced standards The Secretary shall establish enhanced standards with respect to the use of routine and random urine drug tests for all patients before and during opioid therapy to help prevent substance abuse, dependence, and diversion, including— (A) that such tests occur not less frequently than once each year or as otherwise determined according to treatment protocols; and (B) that health care providers appropriately order, interpret and respond to the results from such tests to tailor pain therapy, safeguards, and risk management strategies to each patient. (b) Pain management education and training (1) In general In carrying out the Opioid Safety Initiative of the Department, the Secretary shall require all employees of the Department responsible for prescribing opioids to receive education and training described in paragraph (2). (2) Education and training Education and training described in this paragraph is education and training on pain management and safe opioid prescribing practices for purposes of safely and effectively managing patients with chronic pain, including education and training on the following: (A) The implementation of and full compliance with the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain, including any update to such guideline. (B) The use of evidence-based pain management therapies and complementary and integrative health services, including cognitive-behavioral therapy, non-opioid alternatives, and non-drug methods and procedures to managing pain and related health conditions including, to the extent practicable, medical devices approved or cleared by the Food and Drug Administration for the treatment of patients with chronic pain and related health conditions. (C) Screening and identification of patients with substance use disorder, including drug-seeking behavior, before prescribing opioids, assessment of risk potential for patients developing an addiction, and referral of patients to appropriate addiction treatment professionals if addiction is identified or strongly suspected. (D) Communication with patients on the potential harm associated with the use of opioids and other controlled substances, including the need to safely store and dispose of supplies relating to the use of opioids and other controlled substances. (E) Such other education and training as the Secretary considers appropriate to ensure that veterans receive safe and high-quality pain management care from the Department. (3) Use of existing program In providing education and training described in paragraph (2), the Secretary shall use the Interdisciplinary Chronic Pain Management Training Team Program of the Department (or successor program). (c) Pain management teams (1) In general In carrying out the Opioid Safety Initiative of the Department, the director of each medical facility of the Department shall identify and designate a pain management team of health care professionals, which may include board certified pain medicine specialists, responsible for coordinating and overseeing pain management therapy at such facility for patients experiencing acute and chronic pain that is non-cancer related. (2) Establishment of protocols (A) In general In consultation with the Directors of each Veterans Integrated Service Network, the Secretary shall establish standard protocols for the designation of pain management teams at each medical facility within the Department. (B) Consultation on prescription of opioids Each protocol established under subparagraph (A) shall ensure that any health care provider without expertise in prescribing analgesics or who has not completed the education and training under subsection (b), including a mental health care provider, does not prescribe opioids to a patient unless that health care provider— (i) consults with a health care provider with pain management expertise or who is on the pain management team of the medical facility; and (ii) refers the patient to the pain management team for any subsequent prescriptions and related therapy. (3) Report (A) In general Not later than one year after the date of enactment of this Act, the director of each medical facility of the Department shall submit to the Under Secretary for Health and the director of the Veterans Integrated Service Network in which the medical facility is located a report identifying the health care professionals that have been designated as members of the pain management team at the medical facility pursuant to paragraph (1). (B) Elements Each report submitted under subparagraph (A) with respect to a medical facility of the Department shall include— (i) a certification as to whether all members of the pain management team at the medical facility have completed the education and training required under subsection (b); (ii) a plan for the management and referral of patients to such pain management team if health care providers without expertise in prescribing analgesics prescribe opioid medications to treat acute and chronic pain that is non-cancer related; and (iii) a certification as to whether the medical facility— (I) fully complies with the stepped-care model, or successor models, of pain management and other pain management policies of the Department; or (II) does not fully comply with such stepped-care model, or successor models, of pain management and other pain management policies but is carrying out a corrective plan of action to ensure such full compliance. (d) Tracking and monitoring of opioid use (1) Prescription drug monitoring programs of states In carrying out the Opioid Safety Initiative and the Opioid Therapy Risk Report tool of the Department, the Secretary shall— (A) ensure access by health care providers of the Department to information on controlled substances, including opioids and benzodiazepines, prescribed to veterans who receive care outside the Department through the prescription drug monitoring program of each State with such a program, including by seeking to enter into memoranda of understanding with States to allow shared access of such information between States and the Department; (B) include such information in the Opioid Therapy Risk Report tool; and (C) require health care providers of the Department to submit to the prescription drug monitoring program of each State with such a program information on prescriptions of controlled substances received by veterans in that State under the laws administered by the Secretary. (2) Report on tracking of data on opioid use Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility and advisability of improving the Opioid Therapy Risk Report tool of the Department to allow for more advanced real-time tracking of and access to data on— (A) the key clinical indicators with respect to the totality of opioid use by veterans; (B) concurrent prescribing by health care providers of the Department of opioids in different health care settings, including data on concurrent prescribing of opioids to treat mental health disorders other than opioid use disorder; and (C) mail-order prescriptions of opioids prescribed to veterans under the laws administered by the Secretary. (e) Availability of opioid receptor antagonists (1) Increased availability and use (A) In general The Secretary shall maximize the availability of opioid receptor antagonists, including naloxone, to veterans. (B) Availability, training, and distributing In carrying out subparagraph (A), not later than 90 days after the date of the enactment of this Act, the Secretary shall— (i) equip each pharmacy of the Department with opioid receptor antagonists to be dispensed to outpatients as needed; and (ii) expand the Overdose Education and Naloxone Distribution program of the Department to ensure that all veterans in receipt of health care under laws administered by the Secretary who are at risk of opioid overdose may access such opioid receptor antagonists and training on the proper administration of such opioid receptor antagonists. (C) Veterans who are at risk For purposes of subparagraph (B), veterans who are at risk of opioid overdose include— (i) veterans receiving long-term opioid therapy; (ii) veterans receiving opioid therapy who have a history of substance use disorder or prior instances of overdose; and (iii) veterans who are at risk as determined by a health care provider who is treating the veteran. (2) Report Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on carrying out paragraph (1), including an assessment of any remaining steps to be carried out by the Secretary to carry out such paragraph. (f) Inclusion of certain information and capabilities in opioid therapy risk report tool of the Department (1) Information The Secretary shall include in the Opioid Therapy Risk Report tool of the Department— (A) information on the most recent time the tool was accessed by a health care provider of the Department with respect to each veteran; and (B) information on the results of the most recent urine drug test for each veteran. (2) Capabilities The Secretary shall include in the Opioid Therapy Risk Report tool the ability of the health care providers of the Department to determine whether a health care provider of the Department prescribed opioids to a veteran without checking the information in the tool with respect to the veteran. (g) Notifications of risk in computerized health record The Secretary shall modify the computerized patient record system of the Department to ensure that any health care provider that accesses the record of a veteran, regardless of the reason the veteran seeks care from the health care provider, will be immediately notified whether the veteran— (1) is receiving opioid therapy and has a history of substance use disorder or prior instances of overdose; (2) has a history of opioid abuse; or (3) is at risk of developing an opioid use disorder, as determined by a health care provider who is treating the veteran. 912. Strengthening of joint working group on pain management of the Department of Veterans Affairs and the Department of Defense (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall ensure that the Pain Management Working Group of the Health Executive Committee of the Department of Veterans Affairs–Department of Defense Joint Executive Committee (Pain Management Working Group) established under section 320 of title 38, United States Code, includes a focus on the following: (1) The opioid prescribing practices of health care providers of each Department. (2) The ability of each Department to manage acute and chronic pain among individuals receiving health care from the Department, including training health care providers with respect to pain management. (3) The use by each Department of complementary and integrative health in treating such individuals. (4) The concurrent use and practice by health care providers of each Department of opioids and prescription drugs to treat mental health disorders, including benzodiazepines. (5) The use of care transition plans by health care providers of each Department to address case management issues for patients receiving opioid therapy who transition between inpatient and outpatient care. (6) The coordination in coverage of and consistent access to medications prescribed for patients transitioning from receiving health care from the Department of Defense to receiving health care from the Department of Veterans Affairs. (7) The ability of each Department to properly screen, identify, refer, and treat patients with substance use disorders who are seeking treatment for acute and chronic pain management conditions. (b) Coordination and consultation The Secretary of Veterans Affairs and the Secretary of Defense shall ensure that the working group described in subsection (a)— (1) coordinates the activities of the working group with other relevant working groups established under section 320 of title 38, United States Code; (2) consults with other relevant Federal agencies, including the Centers for Disease Control and Prevention, with respect to the activities of the working group; and (3) consults with the Department of Veterans Affairs and the Department of Defense with respect to the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain, or any successor guideline, and reviews and provides comments before any update to the guideline is released. (c) Clinical practice guidelines (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall issue an update to the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain. (2) Matters included In conducting the update under paragraph (1), the Pain Management Working Group, in coordination with the Clinical Practice Guideline VA/DoD Management of Opioid Therapy for Chronic Pain Working Group, shall work to ensure that the Clinical Practical Guideline includes the following: (A) Enhanced guidance with respect to— (i) the co-administration of an opioid and other drugs, including benzodiazepines, that may result in life-limiting drug interactions; (ii) the treatment of patients with current acute psychiatric instability or substance use disorder or patients at risk of suicide; and (iii) the use of opioid therapy to treat mental health disorders other than opioid use disorder. (B) Enhanced guidance with respect to the treatment of patients with behaviors or comorbidities, such as post-traumatic stress disorder or other psychiatric disorders, or a history of substance abuse or addiction, that requires a consultation or co-management of opioid therapy with one or more specialists in pain management, mental health, or addictions. (C) Enhanced guidance with respect to health care providers— (i) conducting an effective assessment for patients beginning or continuing opioid therapy, including understanding and setting realistic goals with respect to achieving and maintaining an expected level of pain relief, improved function, or a clinically appropriate combination of both; and (ii) effectively assessing whether opioid therapy is achieving or maintaining the established treatment goals of the patient or whether the patient and health care provider should discuss adjusting, augmenting, or discontinuing the opioid therapy. (D) Guidelines to inform the methodologies used by health care providers of the Department of Veterans Affairs and the Department of Defense to safely taper opioid therapy when adjusting or discontinuing the use of opioid therapy, including— (i) prescription of the lowest effective dose based on patient need; (ii) use of opioids only for a limited time; and (iii) augmentation of opioid therapy with other pain management therapies and modalities. (E) Guidelines with respect to appropriate case management for patients receiving opioid therapy who transition between inpatient and outpatient health care settings, which may include the use of care transition plans. (F) Guidelines with respect to appropriate case management for patients receiving opioid therapy who transition from receiving care during active duty to post-military health care networks. (G) Guidelines with respect to providing options, before initiating opioid therapy, for pain management therapies without the use of opioids and options to augment opioid therapy with other clinical and complementary and integrative health services to minimize opioid dependence. (H) Guidelines with respect to the provision of evidence-based non-opioid treatments within the Department of Veterans Affairs and the Department of Defense, including medical devices and other therapies approved or cleared by the Food and Drug Administration for the treatment of chronic pain as an alternative to or to augment opioid therapy. (I) Guidelines developed by the Centers for Disease Control and Prevention for safely prescribing opioids for the treatment of chronic, non-cancer related pain in outpatient settings. (3) Rule of construction Nothing in this subsection shall be construed to prevent the Secretary of Veterans Affairs and the Secretary of Defense from considering all relevant evidence, as appropriate, in updating the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain, as required under paragraph (1), or from ensuring that the final clinical practice guideline updated under such paragraph remains applicable to the patient populations of the Department of Veterans Affairs and the Department of Defense. 913. Review, investigation, and report on use of opioids in treatment by Department of Veterans Affairs (a) Comptroller general report (1) In general Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the Opioid Safety Initiative of the Department of Veterans Affairs and the opioid prescribing practices of health care providers of the Department. (2) Elements The report submitted under paragraph (1) shall include the following: (A) An assessment of the implementation and monitoring by the Veterans Health Administration of the Opioid Safety Initiative of the Department, including examining, as appropriate, the following: (i) How the Department monitors the key clinical outcomes of such safety initiative (for example, the percentage of unique veterans visiting each medical center of the Department that are prescribed an opioid or an opioid and benzodiazepine concurrently) and how the Department uses that information— (I) to improve prescribing practices; and (II) to identify high prescribing or otherwise inappropriate prescribing practices by health care providers. (ii) How the Department monitors the use of the Opioid Therapy Risk Report tool of the Department (as developed through such safety initiative) and compliance with such tool by medical facilities and health care providers of the Department, including any findings by the Department of prescription rates or prescription practices by medical facilities or health care providers that are inappropriate. (iii) The implementation of academic detailing programs within the Veterans Integrated Service Networks of the Department and how such programs are being used to improve opioid prescribing practices. (iv) Recommendations on such improvements to the Opioid Safety Initiative of the Department as the Comptroller General considers appropriate. (B) Information made available under the Opioid Therapy Risk Report tool with respect to— (i) deaths resulting from sentinel events involving veterans prescribed opioids by a health care provider; (ii) overall prescription rates and, if applicable, indications used by health care providers for prescribing chronic opioid therapy to treat non-cancer, non-palliative, and non-hospice care patients; (iii) the prescription rates and indications used by health care providers for prescribing benzodiazepines and opioids concomitantly; (iv) the practice by health care providers of prescribing opioids to treat patients without any pain, including to treat patients with mental health disorders other than opioid use disorder; and (v) the effectiveness of opioid therapy for patients receiving such therapy, including the effectiveness of long-term opioid therapy. (C) An evaluation of processes of the Department in place to oversee opioid use among veterans, including procedures to identify and remedy potential over-prescribing of opioids by health care providers of the Department. (D) An assessment of the implementation by the Secretary of Veterans Affairs of the VA/DOD Clinical Practice Guideline for Management of Opioid Therapy for Chronic Pain, including any figures or approaches used by the Department to assess compliance with such guidelines by medical centers of the Department and identify any medical centers of the Department operating action plans to improve compliance with such guidelines. (E) An assessment of the data that the Department has developed to review the opioid prescribing practices of health care providers of the Department, as required by this subtitle, including a review of how the Department identifies the practices of individual health care providers that warrant further review based on prescribing levels, health conditions for which the health care provider is prescribing opioids or opioids and benzodiazepines concurrently, or other practices of the health care provider. (b) Semi-annual progress report on implementation of comptroller general recommendations Not later than 180 days after the date of the submittal of the report required under subsection (a), and not less frequently than annually thereafter until the Comptroller General of the United States determines that all recommended actions are closed, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a progress report detailing the actions by the Secretary to address any outstanding findings and recommendations by the Comptroller General of the United States under subsection (a) with respect to the Veterans Health Administration. (c) Annual report on opioid therapy and prescription rates Not later than one year after the date of the enactment of this Act, and not less frequently than annually for the following five years, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on opioid therapy and prescription rates for the one-year period preceding the date of the submission of the report. Each such report shall include each of the following: (1) The number of patients and the percentage of the patient population of the Department who were prescribed benzodiazepines and opioids concurrently by a health care provider of the Department. (2) The number of patients and the percentage of the patient population of the Department without any pain who were prescribed opioids by a health care provider of the Department, including those who were prescribed benzodiazepines and opioids concurrently. (3) The number of non-cancer, non-palliative, and non-hospice care patients and the percentage of such patients who were treated with opioids by a health care provider of the Department on an inpatient-basis and who also received prescription opioids by mail from the Department while being treated on an inpatient-basis. (4) The number of non-cancer, non-palliative, and non-hospice care patients and the percentage of such patients who were prescribed opioids concurrently by a health care provider of the Department and a health care provider that is not a health care provider of the Department. (5) With respect to each medical facility of the Department, the collected and reviewed information on opioids prescribed by health care providers at the facility to treat non-cancer, non-palliative, and non-hospice care patients, including— (A) the prescription rate at which each health care provider at the facility prescribed benzodiazepines and opioids concurrently to such patients and the aggregate of such prescription rate for all health care providers at the facility; (B) the prescription rate at which each health care provider at the facility prescribed benzodiazepines or opioids to such patients to treat conditions for which benzodiazepines or opioids are not approved treatment and the aggregate of such prescription rate for all health care providers at the facility; (C) the prescription rate at which each health care provider at the facility prescribed or dispensed mail-order prescriptions of opioids to such patients while such patients were being treated with opioids on an inpatient-basis and the aggregate of such prescription rate for all health care providers at the facility; and (D) the prescription rate at which each health care provider at the facility prescribed opioids to such patients who were also concurrently prescribed opioids by a health care provider that is not a health care provider of the Department and the aggregate of such prescription rates for all health care providers at the facility. (6) With respect to each medical facility of the Department, the number of times a pharmacist at the facility overrode a critical drug interaction warning with respect to an interaction between opioids and another medication before dispensing such medication to a veteran. (d) Investigation of prescription rates If the Secretary determines that a prescription rate with respect to a health care provider or medical facility of the Department conflicts with or is otherwise inconsistent with the standards of appropriate and safe care, the Secretary shall— (1) immediately notify the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of such determination, including information relating to such determination, prescription rate, and health care provider or medical facility, as the case may be; and (2) through the Office of the Medical Inspector of the Veterans Health Administration, conduct a full investigation of the health care provider or medical facility, as the case may be. (e) Prescription rate defined In this section, the term prescription rate means, with respect to a health care provider or medical facility of the Department, each of the following: (1) The number of patients treated with opioids by the health care provider or at the medical facility, as the case may be, divided by the total number of pharmacy users of that health care provider or medical facility. (2) The average number of morphine equivalents per day prescribed by the health care provider or at the medical facility, as the case may be, to patients being treated with opioids. (3) Of the patients being treated with opioids by the health care provider or at the medical facility, as the case may be, the average number of prescriptions of opioids per patient. 914. Mandatory disclosure of certain veteran information to State controlled substance monitoring programs Section 5701(l) of title 38, United States Code, is amended by striking may and inserting shall . 915. Elimination of copayment requirement for veterans receiving opioid antagonists or education on use of opioid antagonists (a) Copayment for opioid antagonists Section 1722A(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: (4) Paragraph (1) does not apply to opioid antagonists furnished under this chapter to a veteran who is at high risk for overdose of a specific medication or substance in order to reverse the effect of such an overdose. . (b) Copayment for education on use of opioid antagonists Section 1710(g)(3) of such title is amended— (1) by striking with respect to home health services and inserting with respect to the following: (A) Home health services ; and (2) by adding at the end the following subparagraph: (B) Education on the use of opioid antagonists to reverse the effects of overdoses of specific medications or substances. . B Patient advocacy 921. Community meetings on improving care furnished by Department of Veterans Affairs (a) Community meetings (1) Medical centers Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 90 days thereafter, the Secretary shall ensure that each medical facility of the Department of Veterans Affairs hosts a community meeting open to the public on improving health care furnished by the Secretary. (2) Community-based outpatient clinics Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary shall ensure that each community-based outpatient clinic of the Department hosts a community meeting open to the public on improving health care furnished by the Secretary. (b) Attendance by Director of veterans integrated service network or designee (1) In general Each community meeting hosted by a medical facility or community-based outpatient clinic under subsection (a) shall be attended by the Director of the Veterans Integrated Service Network in which the medical facility or community-based outpatient clinic, as the case may be, is located. Subject to paragraph (2), the Director may delegate such attendance only to an employee who works in the Office of the Director. (2) Attendance by director Each Director of a Veterans Integrated Service Network shall personally attend not less than one community meeting under subsection (a) hosted by each medical facility located in the Veterans Integrated Service Network each year. (c) Notice The Secretary shall notify the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and each Member of Congress (as defined in section 902) who represents the area in which the medical facility is located of a community meeting under subsection (a) by not later than 10 days before such community meeting occurs. 922. Improvement of awareness of patient advocacy program and patient bill of rights of Department of Veterans Affairs Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in as many prominent locations as the Secretary determines appropriate to be seen by the largest percentage of patients and family members of patients at each medical facility of the Department of Veterans Affairs— (1) display the purposes of the Patient Advocacy Program of the Department and the contact information for the patient advocate at such medical facility; and (2) display the rights and responsibilities of— (A) patients and family members of patients at such medical facility; and (B) with respect to community living centers and other residential facilities of the Department, residents and family members of residents at such medical facility. 923. Comptroller General report on patient advocacy program of Department of Veterans Affairs (a) In general Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the Patient Advocacy Program of the Department of Veterans Affairs (in this section referred to as the Program ). (b) Elements The report required by subsection (a) shall include the following: (1) A description of the Program, including— (A) the purpose of the Program; (B) the activities carried out under the Program; and (C) the sufficiency of the Program in achieving the purpose of the Program. (2) An assessment of the sufficiency of staffing of employees of the Department responsible for carrying out the Program. (3) An assessment of the sufficiency of the training of such employees. (4) An assessment of— (A) the awareness of the Program among veterans and family members of veterans; and (B) the use of the Program by veterans and family members of veterans. (5) Such recommendations and proposals for improving or modifying the Program as the Comptroller General considers appropriate. (6) Such other information with respect to the Program as the Comptroller General considers appropriate. 924. Establishment of Office of Patient Advocacy of the Department of Veterans Affairs (a) In general Subchapter I of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: 7309A. Office of Patient Advocacy (a) Establishment There is established in the Department within the Office of the Under Secretary for Health an office to be known as the Office of Patient Advocacy (in this section referred to as the Office ). (b) Head (1) The Director of the Office of Patient Advocacy shall be the head of the Office. (2) The Director of the Office of Patient Advocacy shall be appointed by the Under Secretary for Health from among individuals qualified to perform the duties of the position and shall report directly to the Under Secretary for Health. (c) Function (1) The function of the Office is to carry out the Patient Advocacy Program of the Department. (2) In carrying out the Patient Advocacy Program of the Department, the Director shall ensure that patient advocates of the Department— (A) advocate on behalf of veterans with respect to health care received and sought by veterans under the laws administered by the Secretary; (B) carry out the responsibilities specified in subsection (d); and (C) receive training in patient advocacy. (d) Patient advocacy responsibilities The responsibilities of each patient advocate at a medical facility of the Department are the following: (1) To resolve complaints by veterans with respect to health care furnished under the laws administered by the Secretary that cannot be resolved at the point of service or at a higher level easily accessible to the veteran. (2) To present at various meetings and to various committees the issues experienced by veterans in receiving such health care at such medical facility. (3) To express to veterans their rights and responsibilities as patients in receiving such health care. (4) To manage the Patient Advocate Tracking System of the Department at such medical facility. (5) To compile data at such medical facility of complaints made by veterans with respect to the receipt of such health care at such medical facility and the satisfaction of veterans with such health care at such medical facility to determine whether there are trends in such data. (6) To ensure that a process is in place for the distribution of the data compiled under paragraph (5) to appropriate leaders, committees, services, and staff of the Department. (7) To identify, not less frequently than quarterly, opportunities for improvements in the furnishing of such health care to veterans at such medical facility based on complaints by veterans. (8) To ensure that any significant complaint by a veteran with respect to such health care is brought to the attention of appropriate staff of the Department to trigger an assessment of whether there needs to be a further analysis of the problem at the facility-wide level. (9) To support any patient advocacy programs carried out by the Department. (10) To ensure that all appeals and final decisions with respect to the receipt of such health care are entered into the Patient Advocate Tracking System of the Department. (11) To understand all laws, directives, and other rules with respect to the rights and responsibilities of veterans in receiving such health care, including the appeals processes available to veterans. (12) To ensure that veterans receiving mental health care, or the surrogate decision-makers for such veterans, are aware of the rights of veterans to seek representation from systems established under section 103 of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 ( 42 U.S.C. 10803 ) to protect and advocate the rights of individuals with mental illness and to investigate incidents of abuse and neglect of such individuals. (13) To fulfill requirements established by the Secretary with respect to the inspection of controlled substances. (14) To document potentially threatening behavior and report such behavior to appropriate authorities. (e) Training In providing training to patient advocates under subsection (c)(2)(C), the Director shall ensure that such training is consistent throughout the Department. (f) Controlled substance defined In this section, the term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). . (b) Clerical amendment The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7309 the following new item: 7309A. Office of Patient Advocacy. . (c) Date fully operational The Secretary of Veterans Affairs shall ensure that the Office of Patient Advocacy established under section 7309A of title 38, United States Code, as added by subsection (a), is fully operational not later than the date that is one year after the date of the enactment of this Act. C Complementary and integrative health 931. Expansion of research and education on and delivery of complementary and integrative health to veterans (a) Establishment There is established a commission to be known as the Creating Options for Veterans’ Expedited Recovery or the COVER Commission (in this section referred to as the Commission ). The Commission shall examine the evidence-based therapy treatment model used by the Secretary of Veterans Affairs for treating mental health conditions of veterans and the potential benefits of incorporating complementary and integrative health treatments available in non-Department facilities (as defined in section 1701 of title 38, United States Code). (b) Duties The Commission shall perform the following duties: (1) Examine the efficacy of the evidence-based therapy model used by the Secretary for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes. (2) Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine— (A) the experience of veterans with the Department of Veterans Affairs when seeking medical assistance for mental health issues through the health care system of the Department; (B) the experience of veterans with non-Department facilities and health professionals for treating mental health issues; (C) the preference of veterans regarding available treatment for mental health issues and which methods the veterans believe to be most effective; (D) the experience, if any, of veterans with respect to the complementary and integrative health treatment therapies described in paragraph (3); (E) the prevalence of prescribing prescription medication among veterans seeking treatment through the health care system of the Department as remedies for addressing mental health issues; and (F) the outreach efforts of the Secretary regarding the availability of benefits and treatments for veterans for addressing mental health issues, including by identifying ways to reduce barriers to gaps in such benefits and treatments. (3) Examine available research on complementary and integrative health treatment therapies for mental health issues and identify what benefits could be made with the inclusion of such treatments for veterans, including with respect to— (A) music therapy; (B) equine therapy; (C) training and caring for service dogs; (D) yoga therapy; (E) acupuncture therapy; (F) meditation therapy; (G) outdoor sports therapy; (H) hyperbaric oxygen therapy; (I) accelerated resolution therapy; (J) art therapy; (K) magnetic resonance therapy; and (L) other therapies the Commission determines appropriate. (4) Study the sufficiency of the resources of the Department to ensure the delivery of quality health care for mental health issues among veterans seeking treatment within the Department. (5) Study the current treatments and resources available within the Department and assess— (A) the effectiveness of such treatments and resources in decreasing the number of suicides per day by veterans; (B) the number of veterans who have been diagnosed with mental health issues; (C) the percentage of veterans using the resources of the Department who have been diagnosed with mental health issues; (D) the percentage of veterans who have completed counseling sessions offered by the Department; and (E) the efforts of the Department to expand complementary and integrative health treatments viable to the recovery of veterans with mental health issues as determined by the Secretary to improve the effectiveness of treatments offered by the Department. (c) Membership (1) In general The Commission shall be composed of 10 members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (B) Two members appointed by the minority leader of the House of Representatives, at least one of whom shall be a veteran. (C) Two members appointed by the majority leader of the Senate, at least one of whom shall be a veteran. (D) Two members appointed by the minority leader of the Senate, at least one of whom shall be a veteran. (E) Two members appointed by the President, at least one of whom shall be a veteran. (2) Qualifications Members of the Commission shall be individuals who— (A) are of recognized standing and distinction within the medical community with a background in treating mental health; (B) have experience working with the military and veteran population; and (C) do not have a financial interest in any of the complementary and integrative health treatments reviewed by the Commission. (3) Chairman The President shall designate a member of the Commission to be the Chairman. (4) Period of appointment Members of the Commission shall be appointed for the life of the Commission. (5) Vacancy A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (6) Appointment deadline The appointment of members of the Commission in this section shall be made not later than 90 days after the date of the enactment of this Act. (d) Powers of commission (1) Meetings (A) Initial meeting The Commission shall hold its first meeting not later than 30 days after a majority of members are appointed to the Commission. (B) Meeting The Commission shall regularly meet at the call of the Chairman. Such meetings may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simultaneously. (2) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive evidence as the Commission considers advisable to carry out the responsibilities of the Commission. (3) Information from federal agencies The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out the duties of the Commission. (4) Information from nongovernmental organizations In carrying out its duties, the Commission may seek guidance through consultation with foundations, veteran service organizations, nonprofit groups, faith-based organizations, private and public institutions of higher education, and other organizations as the Commission determines appropriate. (5) Commission records The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comptroller General of the United States may audit and examine such record. (6) Personnel records The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comptroller General of the United States may audit and examine such records. (7) Compensation of members; travel expenses Each member shall serve without pay but shall receive travel expenses to perform the duties of the Commission, including per diem in lieu of substances, at rates authorized under subchapter I of chapter 57 of title 5, United States Code. (8) Staff The Chairman, in accordance with rules agreed upon the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, without regard to the provision of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (9) Personnel as federal employees (A) In general The executive director and any personnel of the Commission are employees under section 2105 of title 5, United States Code, for purpose of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (B) Members of the commission Subparagraph (A) shall not be construed to apply to members of the Commission. (10) Contracting The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. (11) Expert and consultant service The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (12) Postal service The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (13) Physical facilities and equipment Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administrative services may include human resource management, budget, leasing accounting, and payroll services. (e) Report (1) Interim reports (A) In general Not later than 60 days after the date on which the Commission first meets, and each 30-day period thereafter ending on the date on which the Commission submits the final report under paragraph (2), the Commission shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate and the President a report detailing the level of cooperation the Secretary of Veterans Affairs (and the heads of other departments or agencies of the Federal Government) has provided to the Commission. (B) Other reports In carrying out its duties, at times that the Commission determines appropriate, the Commission shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate and any other appropriate entities an interim report with respect to the findings identified by the Commission. (2) Final report Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the Committee on Veterans’ Affairs of the House of Representatives and the Senate, the President, and the Secretary of Veterans Affairs a final report on the findings of the Commission. Such report shall include the following: (A) Recommendations to implement in a feasible, timely, and cost-efficient manner the solutions and remedies identified within the findings of the Commission pursuant to subsection (b). (B) An analysis of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating veterans with mental health care issues, and an examination of the prevalence and efficacy of prescription drugs as a means for treatment. (C) The findings of the patient-centered survey conducted within each of the Veterans Integrated Service Networks pursuant to subsection (b)(2). (D) An examination of complementary and integrative health treatments described in subsection (b)(3) and the potential benefits of incorporating such treatments in the therapy models used by the Secretary for treating veterans with mental health issues. (3) Plan Not later than 90 days after the date on which the Commission submits the final report under paragraph (2), the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the following: (A) An action plan for implementing the recommendations established by the Commission on such solutions and remedies for improving wellness-based outcomes for veterans with mental health care issues. (B) A feasible timeframe on when the complementary and integrative health treatments described in subsection (b)(3) can be implemented Department-wide. (C) With respect to each recommendation established by the Commission, including any complementary and integrative health treatment, that the Secretary determines is not appropriate or feasible to implement, a justification for such determination and an alternative solution to improve the efficacy of the therapy models used by the Secretary for treating veterans with mental health issues. (f) Termination of commission The Commission shall terminate 30 days after the Commission submits the final report under subsection (e)(2). 932. Expansion of research and education on and delivery of complementary and integrative health to veterans (a) Development of plan To expand research, education, and delivery Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop a plan to expand materially and substantially the scope of the effectiveness of research and education on, and delivery and integration of, complementary and integrative health services into the health care services provided to veterans. (b) Elements The plan required by subsection (a) shall provide for the following: (1) Research on the following: (A) The effectiveness of various complementary and integrative health services, including the effectiveness of such services integrated with clinical services. (B) Approaches to integrating complementary and integrative health services into other health care services provided by the Department of Veterans Affairs. (2) Education and training for health care professionals of the Department on the following: (A) Complementary and integrative health services selected by the Secretary for purposes of the plan. (B) Appropriate uses of such services. (C) Integration of such services into the delivery of health care to veterans. (3) Research, education, and clinical activities on complementary and integrative health at centers of innovation at medical centers of the Department. (4) Identification or development of metrics and outcome measures to evaluate the effectiveness of the provision and integration of complementary and integrative health services into the delivery of health care to veterans. (5) Integration and delivery of complementary and integrative health services with other health care services provided by the Department. (c) Consultation (1) In general In carrying out subsection (a), the Secretary shall consult with the following: (A) The Director of the National Center for Complementary and Integrative Health of the National Institutes of Health. (B) The Commissioner of Food and Drugs. (C) Institutions of higher education, private research institutes, and individual researchers with extensive experience in complementary and integrative health and the integration of complementary and integrative health practices into the delivery of health care. (D) Nationally recognized providers of complementary and integrative health. (E) Such other officials, entities, and individuals with expertise on complementary and integrative health as the Secretary considers appropriate. (2) Scope of consultation The Secretary shall undertake consultation under paragraph (1) in carrying out subsection (a) with respect to the following: (A) To develop the plan. (B) To identify specific complementary and integrative health practices that, on the basis of research findings or promising clinical interventions, are appropriate to include as services to veterans. (C) To identify barriers to the effective provision and integration of complementary and integrative health services into the delivery of health care to veterans, and to identify mechanisms for overcoming such barriers. 933. Pilot program on integration of complementary and integrative health and related issues for veterans and family members of veterans (a) Pilot program (1) In general Not later than 180 days after the date on which the Secretary of Veterans Affairs receives the final report under section 931(e)(2), the Secretary shall commence a pilot program to assess the feasibility and advisability of using complementary and integrative health and wellness-based programs (as defined by the Secretary) to complement the provision of pain management and related health care services, including mental health care services, to veterans. (2) Matters addressed In carrying out the pilot program, the Secretary shall assess the following: (A) Means of improving coordination between Federal, State, local, and community providers of health care in the provision of pain management and related health care services to veterans. (B) Means of enhancing outreach, and coordination of outreach, by and among providers of health care referred to in subparagraph (A) on the pain management and related health care services available to veterans. (C) Means of using complementary and integrative health and wellness-based programs of providers of health care referred to in subparagraph (A) as complements to the provision by the Department of Veterans Affairs of pain management and related health care services to veterans. (D) Whether complementary and integrative health and wellness-based programs described in subparagraph (C)— (i) are effective in enhancing the quality of life and well-being of veterans; (ii) are effective in increasing the adherence of veterans to the primary pain management and related health care services provided such veterans by the Department; (iii) have an effect on the sense of well-being of veterans who receive primary pain management and related health care services from the Department; and (iv) are effective in encouraging veterans receiving health care from the Department to adopt a more healthy lifestyle. (b) Duration The Secretary shall carry out the pilot program under subsection (a)(1) for a period of three years. (c) Locations (1) Facilities The Secretary shall carry out the pilot program under subsection (a)(1) at facilities of the Department providing pain management and related health care services, including mental health care services, to veterans. In selecting such facilities to carry out the pilot program, the Secretary shall select not fewer than 15 geographically diverse medical centers of the Department, of which not fewer than two shall be polytrauma rehabilitation centers of the Department. (2) Medical centers with prescription rates of opioids that conflict with care standards In selecting the medical centers under paragraph (1), the Secretary shall give priority to medical centers of the Department at which there is a prescription rate of opioids that conflicts with or is otherwise inconsistent with the standards of appropriate and safe care. (d) Provision of services Under the pilot program under subsection (a)(1), the Secretary shall provide covered services to covered veterans by integrating complementary and integrative health services with other services provided by the Department at the medical centers selected under subsection (c). (e) Covered veterans For purposes of the pilot program under subsection (a)(1), a covered veteran is any veteran who— (1) has a mental health condition diagnosed by a clinician of the Department; (2) experiences chronic pain; (3) has a chronic condition being treated by a clinician of the Department; or (4) is not described in paragraph (1), (2), or (3) and requests to participate in the pilot program or is referred by a clinician of the Department who is treating the veteran. (f) Covered services (1) In general For purposes of the pilot program, covered services are services consisting of complementary and integrative health services as selected by the Secretary. (2) Administration of services Covered services shall be administered under the pilot program as follows: (A) Covered services shall be administered by professionals or other instructors with appropriate training and expertise in complementary and integrative health services who are employees of the Department or with whom the Department enters into an agreement to provide such services. (B) Covered services shall be included as part of the Patient Aligned Care Teams initiative of the Office of Patient Care Services, Primary Care Program Office, in coordination with the Office of Patient Centered Care and Cultural Transformation. (C) Covered services shall be made available to— (i) covered veterans who have received conventional treatments from the Department for the conditions for which the covered veteran seeks complementary and integrative health services under the pilot program; and (ii) covered veterans who have not received conventional treatments from the Department for such conditions. (g) Reports (1) In general Not later than 30 months after the date on which the Secretary commences the pilot program under subsection (a)(1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (2) Elements The report under paragraph (1) shall include the following: (A) The findings and conclusions of the Secretary with respect to the pilot program under subsection (a)(1), including with respect to— (i) the use and efficacy of the complementary and integrative health services established under the pilot program; (ii) the outreach conducted by the Secretary to inform veterans and community organizations about the pilot program; and (iii) an assessment of the benefit of the pilot program to covered veterans in mental health diagnoses, pain management, and treatment of chronic illness. (B) Identification of any unresolved barriers that impede the ability of the Secretary to incorporate complementary and integrative health services with other health care services provided by the Department. (C) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. D Fitness of health care providers 941. Additional requirements for hiring of health care providers by Department of Veterans Affairs As part of the hiring process for each health care provider considered for a position at the Department of Veterans Affairs after the date of the enactment of the Act, the Secretary of Veterans Affairs shall require from the medical board of each State in which the health care provider has or had a medical license— (1) information on any violation of the requirements of the medical license of the health care provider during the 20-year period preceding the consideration of the health care provider by the Department; and (2) information on whether the health care provider has entered into any settlement agreement for a disciplinary charge relating to the practice of medicine by the health care provider. 942. Provision of information on health care providers of Department of Veterans Affairs to State medical boards Notwithstanding section 552a of title 5, United States Code, with respect to each health care provider of the Department of Veterans Affairs who has violated a requirement of the medical license of the health care provider, the Secretary of Veterans Affairs shall provide to the medical board of each State in which the health care provider is licensed detailed information with respect to such violation, regardless of whether such board has formally requested such information. 943. Report on compliance by Department of Veterans Affairs with reviews of health care providers leaving the Department or transferring to other facilities Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the compliance by the Department of Veterans Affairs with the policy of the Department— (1) to conduct a review of each health care provider of the Department who transfers to another medical facility of the Department, resigns, retires, or is terminated to determine whether there are any concerns, complaints, or allegations of violations relating to the medical practice of the health care provider; and (2) to take appropriate action with respect to any such concern, complaint, or allegation. E Other matters 951. Modification to limitation on awards and bonuses Section 705 of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 38 U.S.C. 703 note) is amended to read as follows: 705. Limitation on awards and bonuses paid to employees of Department of Veterans Affairs (a) Limitation The Secretary of Veterans Affairs shall ensure that the aggregate amount of awards and bonuses paid by the Secretary in a fiscal year under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title or title 38, United States Code, does not exceed the following amounts: (1) With respect to each of fiscal years 2017 through 2018, $230,000,000. (2) With respect to each of fiscal years 2019 through 2021, $225,000,000. (3) With respect to each of fiscal years 2022 through 2024, $360,000,000. (b) Sense of Congress It is the sense of Congress that the limitation under subsection (a) should not disproportionately impact lower-wage employees and that the Department of Veterans Affairs is encouraged to use bonuses to incentivize high-performing employees in areas in which retention is challenging. .

Speaker of the House of Representatives Vice President of the United States and President of the Senate