[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3719 Introduced in House (IH)]
<DOC>
114th CONGRESS
1st Session
H. R. 3719
To provide for the comprehensive approach to eradication of the heroin
epidemic, to develop the best practices in law enforcement and
prescription medication prescribing practices, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2015
Mr. Guinta (for himself and Ms. Kuster) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for the comprehensive approach to eradication of the heroin
epidemic, to develop the best practices in law enforcement and
prescription medication prescribing practices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop the Overdose Problem Already
Becoming a Universal Substance Epidemic Act of 2015'' or the ``STOP
ABUSE Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Prevention and intervention are the best investment.
(2) According to the 2012 National Survey on Drug Usage and
Health, the percent of New Hampshire residents 12 and older
reporting ever having used heroin has doubled since 2004, 1.2
percent in 2005 and 3.3 percent in 2011.
(3) The number of patients in New Hampshire admitted to
State-funded treatment programs for heroin reached 1,540 in
2013, a major increase from the 805 reported in 2004.
(4) Prescription opioid users admitted rose from 213 in
2004 to 1,297 in 2013.
(5) Drug poisoning (more commonly called overdose) is the
number one cause of injury-related death in the United States
and deaths involving heroin have been on a steady increase in
recent years.
(6) In 2012, 28 States reported that the death rate for
heroin overdose had doubled from 2010 through 2012.
(7) The increase doubled from 1.2 percent to 2.1 percent
per 100,000 population, reflecting the number of deaths having
increased from 1,779 to 3,635.
(8) The number of drug-poisoning deaths involving heroin
was nearly four times higher for men (6,525 deaths) than women
(1,732 deaths) in 2013.
(9) The rate of heroin-related overdoses was highest among
adults aged 25 to 44 from 2000 through 2013; this is a 2.8-
percent increase from 1.9 to 5.4.
(10) In 2013, the Midwest and Northeast regions had higher
rates (4.3 and 3.9 per 100,000, respectively). From 2000
through 2013, the age-adjusted rate for heroin-related drug-
poisoning deaths increased in the Midwest region exponentially
(from 0.4 to 4.3 per 100,000), increased more than 4-fold in
the Northeast region (from 0.9 to 3.9), increased more than 3-
fold in the South region (from 0.5 to 1.7), and doubled in the
West region (from 0.9 to 1.8).
(11) The greatest increase for drug-poisoning rates was
seen in the Midwest region.
SEC. 3. DEVELOPMENT OF BEST PRACTICES.
(a) Interagency Task Force.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in cooperation with
the Secretary of Veterans Affairs, the Secretary of Defense, the
Administrator of the Drug Enforcement Administration, the Secretary of
Homeland Security, and the Attorney General of the United States, shall
convene an Interagency Task Force to Address Opioid Abuse (referred to
in this section as the ``Task Force'').
(b) Membership.--The Task Force shall--
(1) be comprised of two representatives of each the
Department of Health and Human Services, including the Centers
for Disease Control and Prevention, the Department of Veterans
Affairs, the Department of Defense, the Drug Enforcement
Administration, the Office of National Drug Control Policy, the
National Academy of Medicine, the National Institutes of
Health, the Indian Health Service, the Department of Homeland
Security, and the Substance Abuse and Mental Health Services
Administration; and
(2) include physicians, dentists, non-physician
prescribers, pharmacists, experts in the fields of pain
research and addiction research, and representatives of the
mental health treatment community, the addiction treatment
community, and pain advocacy groups.
(c) Duties.--
(1) Best practices.--Not later than 180 days after the date
on which the Task Force is convened, the Task Force shall--
(A) develop best practices for pain management and
prescription medication prescribing practices, taking
into consideration recommendations from--
(i) relevant conferences;
(ii) ongoing efforts at the State and local
levels; and
(iii) medical professional organizations to
develop improved pain management strategies;
(B) solicit and take into consideration public
comments on the best practices developed under
subparagraph (A);
(C) develop a strategy for disseminating
information about the best practices under subparagraph
(A) to all medical and emergency personnel who enforce,
prescribe, and treat opioid and heroin addiction; and
(D) conduct a study on the feasibility of
implementing the best practices developed under
subparagraph (A).
(2) Report to congress.--Not later than 270 days after the
date on which the Task Force is convened, the Task Force shall
submit to the Congress a report that includes--
(A) the strategy under paragraph (1)(C) for
disseminating the best practices under paragraph
(1)(A);
(B) the results of the feasibility study conducted
under paragraph (1)(D); and
(C) recommendations on how to apply such best
practices to improve prescribing practices at medical
facilities, including medical facilities of the
Veterans Health Administration.
(d) No Rulemaking Authority.--The Task Force shall not have
rulemaking authority.
SEC. 4. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL
DRUG CRISES.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end of the
following:
``PART LL--GRANTS TO COMBAT DRUG CRISES AND INCARCERATION RELATED TO
DRUG USE
``SEC. 3021. COMMUNITY-BASED COALITION TO ADDRESS LOCAL DRUG CRISES.
``(a) Definitions.--In this section:
``(1) 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.);
``(2) Eligible entity.--The term `eligible entity' means an
eligible coalition (as such term is defined under section 1023
of the Drug-Free Communities Act of 1997 (21 U.S.C. 1523))
that--
``(A) on or before the date of submitting an
application for a grant under this section, received a
grant under the Drug-Free Communities Act of 1997; and
``(B) has demonstrated that there is a local drug
crisis in the area serviced by the entity, as
determined by the Attorney General based on the
Monitoring Future Survey published by the National
Institute on Drug Abuse and the National Survey on Drug
Use and Health by the Substance Abuse and Mental Health
Service Administration.
``(3) Local drug crisis.--The term `local drug crisis'
means, with respect to the area serviced by an eligible
entity--
``(A) a sudden increase in the abuse of opioids, as
documented by local data; or
``(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 of the National Institute on Drug Abuse and the
Administrator of the Substance Abuse and Mental Health Services
Administration, 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 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 National Community Antidrug Coalition
Institute.
``(e) Grant Amounts and Duration.--
``(1) Amounts.--The Attorney General may not award a grant
under this section for a fiscal year in an amount that
exceeds--
``(A) the amount of non-Federal funds raised by the
eligible entity, including in-kind contributions, for
that fiscal year; or
``(B) $75,000.
``(2) Duration.--The Attorney General may not award a grant
under this section for a period exceeding 4 years.
``(f) Supplement Not Supplant.--An eligible entity shall use
Federal funds received under this section only to supplement funds that
would, in the absence of those Federal funds, be made available from
other Federal and non-Federal sources for the activities described in
this 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 to carry out this section for a
fiscal year may be used by the Attorney General to pay for
administrative expenses.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2016 through 2020.''.
SEC. 5. LIMITATIONS ON CIVIL LIABILITY FOR CERTAIN INDIVIDUALS WORKING
AT OPIOID OVERDOSE PROGRAMS.
(a) Limitation on Civil Liability for Individuals Working for or
Volunteering at a State or Local Agency Opioid Overdose Program.--
(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (2), no individual who
provides an opioid overdose drug shall be liable for harm
caused by the emergency administration of an opioid overdose
drug by another individual if the individual who provides such
drug--
(A) works for or volunteers at an opioid overdose
program; and
(B) provides the opioid overdose drug as part of
the opioid overdose program to an individual authorized
by the program to receive an opioid overdose drug.
(2) Exception.--Paragraph (1) shall not apply if the harm
was caused by the gross negligence or reckless misconduct of
the individual who provides the drug.
(b) Limitation on Civil Liability for Individuals Who Administer
Opioid Overdose Drugs.--
(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (2), no individual shall
be liable for harm caused by the emergency administration of an
opioid overdose drug to an individual who has or reasonably
appears to have suffered an overdose from heroin or another
opioid, if--
(A) the individual who administers the opioid
overdose drug--
(i) obtained the drug from a health care
professional or as part of an opioid overdose
program; or
(ii) administers the drug pursuant to a
prescription for an opioid overdose drug that
is approved or licensed under section 505 of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or is licensed under section 351 of
the Public Health Service Act (42 U.S.C. 262);
and
(B) the individual who administers the opioid
overdose drug was educated on--
(i) when to administer the drug;
(ii) how to administer the drug; and
(iii) steps to be taken after the drug is
administered.
(2) Exception.--Paragraph (1) shall not apply to an
individual if the harm was caused by the gross negligence or
reckless misconduct of the individual who administers the drug.
(c) Preemption and Election of State Nonapplicability.--
(1) Preemption.--Except as provided in paragraph (2), this
section preempts the law of a State to the extent that such law
is inconsistent with this section, except that this section
shall not preempt any State law that provides additional
protection from liability relating to the administration of
opioid overdose drugs or that shields from liability any person
who provides or administers opioid overdose drugs.
(2) Election of state regarding nonapplicability.--
Subsections (a) and (b) shall not apply to any civil action in
a State court against a person who administers opioid overdose
drugs if--
(A) all parties to the civil action are citizens of
the State in which such action is brought; and
(B) the State enacts legislation in accordance with
State requirements for enacting legislation--
(i) citing the authority of this paragraph;
(ii) declaring the election of the State
that such subsections (a) and (b) shall not
apply, as of a date certain, to any civil
actions covered by this section; and
(iii) containing no other provisions.
(d) Definitions.--In this section --
(1) the term ``health care professional'' means a person
licensed by a State to prescribe prescription drugs;
(2) the term ``opioid overdose drug'' means a drug that,
when administered, reverses in whole or part the
pharmacological effects of an opioid overdose in the human
body; and
(3) the term ``opioid overdose program'' means a program
operated by a local health department, community-based
organization, substance abuse treatment organization, law
enforcement agency, fire department, other first responder
department, or voluntary association or a program funded by a
Federal, State, or local government that works to prevent
opioid overdoses by in part providing opioid overdose drugs and
education to individuals at risk of experiencing an opioid
overdose or to an individual in a position to assist another
individual at risk of experiencing an opioid overdose.
SEC. 6. OPERATION OF OPIOID TREATMENT PROGRAMS.
Section 303 of the Controlled Substances Act (21 U.S.C. 823) is
amended by adding at the end the following:
``(i)(1) An opioid treatment program that is registered under this
section, and that closes for business on any weekday or weekend day,
including a Federal or State holiday, shall comply with the
requirements of this subsection.
``(2) For each patient who is restricted by a Federal regulation or
guideline or by the determination of the program medical director from
having a take-home dose of a controlled substance related to the
treatment involved, the program shall make acceptable arrangements for
the patient to receive a dose of that substance under appropriate
supervision during the closure.
``(3) The Administrator of the Substance Abuse and Mental Health
Services Administration shall issue a notice that references
regulations on acceptable arrangements under this subsection, or shall
promulgate regulations on such acceptable arrangements.''.
SEC. 7. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAMS.
Part LL of the Omnibus Crime Control and Safe Streets Act of 1968,
as added by section 3, is amended by adding at the end the following:
``SEC. 3022. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAMS.
``(a) Definition.--In this section:
``(1) The term `eligible entity' means a State, unit of
local government, Indian tribe, or nonprofit organization.
``(2) The term `eligible participant' means an individual
who--
``(A) comes in contact with the juvenile justice
system or criminal justice system or is arrested or
charged with an offense;
``(B) has a history of or a current--
``(i) substance use disorder;
``(ii) mental illness; or
``(iii) co-occurring mental illness and
substance use disorder; and
``(C) has been approved for participation in a
program funded under this section by the relevant law
enforcement agency, prosecuting attorney, defense
attorney, probation or corrections official, judge, or
representative from the relevant mental health or
substance abuse agency, as applicable.
``(b) Program Authorized.--The Attorney General may make grants to
eligible entities to develop, implement, or expand a treatment
alternative to incarceration programs for eligible participants,
including--
``(1) programs for use before the filing of criminal
charges against an individual, which shall include--
``(A) training for law enforcement officers on
substance use disorders, mental illness, and co-
occurring mental illness and substance use disorders;
``(B) the use of receiving centers as alternatives
to incarceration of eligible participants;
``(C) the use of specialized response units for
calls related to substance use disorders, mental
illness, and co-occurring mental illness and substance
use disorders; and
``(D) other arrest and pre-booking treatment
alternative to incarceration models; and
``(2) programs for use after the filing of criminal charges
against an individual, which shall include--
``(A) specialized clinical case management;
``(B) pre-trial services related to substance use
disorders, mental illness, and co-occurring mental
illness and substance use disorders;
``(C) prosecutor and defense-based programs;
``(D) specialized probation;
``(E) programs utilizing the American Society of
Addition 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 seeking a grant under
this section shall submit an application to the Attorney
General that meets the criteria in paragraph (2) at such time,
in such manner, and accompanied by such additional information
as the Attorney General may reasonably require.
``(2) Criteria.--An eligible entity, in submitting an
application under paragraph (1), shall provide evidence that
the entity, with regard to the alternative to incarceration
program for which it seeks funds under this section--
``(A) has collaborated or will collaborate with the
State and local government agencies overseeing health,
community corrections, courts, prosecution, substance
abuse, mental health, victims services, and employment
services, and with local law enforcement agencies;
``(B) has consulted or will consult with the State
authority for substance abuse;
``(C) will use evidence-based screening and
assessment treatment practices;
``(D) will use evidence-based screening and
assessment tools to place participants in the treatment
alternative to the incarceration program; and
``(E) will use evidence-based methodology and
outcome measurements to evaluate the program, and
provide a description of--
``(i) such methodology and measurements,
including how such measurements will provide
valid measures of the impact of the program;
and
``(ii) how the program could be broadly
replicated if demonstrated to be effective.
``(d) Requirements.--An eligible entity awarded a grant for a
treatment alternative to incarceration program under this section
shall--
``(1) determine the terms and conditions under which
eligible participants may participate in the program, taking
into consideration the collateral consequences of an arrest,
prosecution, or criminal conviction;
``(2) ensure that each substance abuse and mental health
treatment component of the program is licensed and qualified by
the relevant jurisdiction;
``(3) organize an enforcement unit of the program comprised
of appropriately trained law enforcement professionals who are
supervised by the State, tribal, or local criminal justice
agency involved in the administration of the program, the
duties of which shall include--
``(A) the verification of addresses and other
contacts of each eligible participant who participates
or seeks to participate in the 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; and
``(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,
consistent with Federal and State confidentiality requirements.
``(e) Use of Funds.--An eligible entity shall use a grant received
under this section for the costs of the 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 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 awarded 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) Reports and Evaluations.--
``(1) In general.--Each fiscal year, a recipient of a grant
under this section during that fiscal year shall submit to the
Attorney General a report containing the information described
in paragraph (2), as well as such additional information as the
Attorney General may reasonably require. The recipient shall
submit such report in such form and on such dates as the
Attorney General specifies.
``(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
alternatives to incarceration programs.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of the
fiscal years 2016 through 2020.''.
SEC. 8. REAUTHORIZATION OF THE HIGH INTENSITY DRUG TRAFFICKING AREA
UNDER THE OFFICE OF NATIONAL DRUG CONTROL POLICY.
Section 707 of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1706) is amended by striking
subsection (p) and inserting the following:
``(p) Authorization of Appropriations.--There is authorized to be
appropriated to the Office of National Drug Control Policy to carry out
this section $280,000,000 for each of fiscal years 2016 through
2020.''.
SEC. 9. REAUTHORIZATION OF THE CONTROLLED SUBSTANCE MONITORING PROGRAM.
(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--
``(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''.
(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)--
(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).'';
(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 (m) through (o), as
redesignated by paragraph (7), as subsections (l) 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)--
(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.''.
SEC. 10. 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 discretionary spending.
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