[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1785 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1785

  To establish programs to address addiction and overdoses caused by 
      illicit fentanyl and other opioids, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 31 (legislative day, May 30), 2023

Mr. Markey (for himself, Ms. Warren, Mr. Booker, Mr. Carper, Mr. Wyden, 
Mr. Welch, Mr. Menendez, Mr. Merkley, Mr. Blumenthal, and Mr. Heinrich) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To establish programs to address addiction and overdoses caused by 
      illicit fentanyl and other opioids, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Stop Fentanyl 
Overdoses Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                           TITLE I--FENTANYL

Sec. 101. Enhanced fentanyl surveillance.
Sec. 102. Collection of overdose data.
Sec. 103. Public health support for law enforcement.
Sec. 104. Fentanyl detection.
Sec. 105. Grants to improve public health surveillance in forensic 
                            laboratories.
               TITLE II--STEMMING THE SUPPLY OF FENTANYL

Sec. 201. Report on countries that produce synthetic drugs.
Sec. 202. GAO report on international mail and cargo screening.
  TITLE III--OVERDOSE PREVENTION AND SUBSTANCE USE DISORDER TREATMENT 
                                PROGRAMS

Sec. 301. Opioid treatment education.
Sec. 302. GAO study on naloxone access.
Sec. 303. Increasing access to medication for opioid overdose reversal; 
                            exemption from requirements of the Drug 
                            Supply Chain Security Act.
Sec. 304. Grant program on harms of drug misuse.
Sec. 305. Good Samaritan immunity.
Sec. 306. Report on overdose prevention centers.
Sec. 307. Prisons and substance use disorder treatment.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fentanyl-related substance.--The term ``fentanyl-
        related substance'' has the meaning given the term in section 
        1308.11(h)(30)(i) of title 21, Code of Federal Regulations (or 
        successor regulations).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

                           TITLE I--FENTANYL

SEC. 101. ENHANCED FENTANYL SURVEILLANCE.

    (a) CDC Surveillance Program.--Part J of title III of the Public 
Health Service Act is amended by inserting after section 392A (42 
U.S.C. 280b-1) the following:

``SEC. 392B. ENHANCED FENTANYL SURVEILLANCE.

    ``(a) Definition.--In this section, the term `fentanyl-related 
substance' has the meaning given the term in section 1308.11(h)(30)(i) 
of title 21, Code of Federal Regulations (or successor regulations).
    ``(b) Data Collection.--The Director of the Centers for Disease 
Control and Prevention shall enhance the Overdose Data to Action 
program and other drug surveillance programs of the Centers for Disease 
Control and Prevention by--
            ``(1) encouraging States, political subdivisions of States, 
        and territories to participate in such programs;
            ``(2) increasing and accelerating the collection of data on 
        fentanyl, fentanyl-related substances, other synthetic opioids, 
        and new emerging drugs of abuse (including harmful adulterants 
        of fentanyl, such as xylazine), including the collection of 
        related overdose data from medical examiners and drug treatment 
        admissions and information regarding drug seizures; and
            ``(3) utilizing available and emerging information on 
        fentanyl, fentanyl-related substances, other synthetic opioids, 
        and new emerging drugs of abuse, including information from--
                    ``(A) the High Intensity Drug Trafficking Areas 
                program under section 707 of the Office of National 
                Drug Control Policy Reauthorization Act of 1998;
                    ``(B) the National Drug Early Warning System;
                    ``(C) State and local public health authorities;
                    ``(D) Federal, State, and local public health 
                laboratories; and
                    ``(E) drug seizures by Federal, State, and local 
                law enforcement agencies, including information from 
                the National Seizure System and the National Forensic 
                Laboratory Information System of the Drug Enforcement 
                Administration.
    ``(c) Information Sharing.--The Director of the Centers for Disease 
Control and Prevention shall publicly disseminate data collected under 
this section.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.''.
    (b) Law Enforcement Reporting.--Each Federal law enforcement agency 
shall report information on all drug seizures by that agency to the 
Drug Enforcement Administration for inclusion in the National Seizure 
System.
    (c) GAO Report.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall--
            (1) publish a report analyzing how Federal agencies can 
        improve their collection, reporting, sharing, and analytic use 
        of drug seizure data across Federal agencies and with States 
        and local governments; and
            (2) include in such report an analysis of how well 
        available data on drug seizures can measure progress toward 
        reducing drug trafficking into and within the United States, as 
        outlined in strategies such as the National Drug Control 
        Strategy of the Office of National Drug Control Policy.

SEC. 102. COLLECTION OF OVERDOSE DATA.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall commence a study on how to most 
efficiently track overdoses by type of drug, including fentanyl.
    (b) Grant Program.--
            (1) In general.--Upon completion of the study under 
        subsection (a), and taking into consideration the results of 
        such study, the Secretary shall award grants to States to 
        facilitate the collection of data with respect to fentanyl-
        involved overdoses.
            (2) Requirement.--As a condition on receipt of a grant 
        under this subsection, an applicant shall agree to share the 
        data collected pursuant to the grant with the Centers for 
        Disease Control and Prevention.
            (3) Preference.--In awarding grants under this subsection, 
        the Secretary shall give preference to applicants whose grant 
        proposals demonstrate the greatest need for collecting timely 
        and accurate data on overdoses.

SEC. 103. PUBLIC HEALTH SUPPORT FOR LAW ENFORCEMENT.

    (a) Support for Fentanyl Detection and Handling.--The Secretary, in 
consultation with the Attorney General, shall carry out a program to 
provide to Federal, State, and local law enforcement agencies training 
on accurate information about fentanyl and how to detect and handle 
fentanyl.
    (b) Evidence-Based.--The program under subsection (a) shall comply 
with evidence-based guidelines, including the ``Fentanyl Safety 
Recommendations for First Responders'' (or any successor guidelines) of 
the Office of National Drug Control Policy.

SEC. 104. FENTANYL DETECTION.

    (a) Testing of Contaminants.--The Secretary, acting through the 
Assistant Secretary for Mental Health and Substance Use, and in 
coordination with the Director of the Centers for Disease Control and 
Prevention, shall continue to improve efforts to enhance screening and 
identification of contaminants in drugs to prevent overdoses.
    (b) Research Into Technologies.--
            (1) Definition of chemical screening device.--In this 
        subsection, the term ``chemical screening device'' means an 
        infrared spectrophotometer, mass spectrometer, nuclear magnetic 
        resonance spectrometer, Raman spectrophotometer, ion mobility 
        spectrometer, or any other device or other technology that is 
        able to determine the presence of, or identify, one or more 
        contaminants in drugs.
            (2) Research.--The Secretary shall conduct or support 
        research for the development or improvement of portable and 
        affordable technologies relating to testing drugs for fentanyl 
        and fentanyl-related substances, including chemical screening 
        device methods.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection such sums as 
        are necessary.

SEC. 105. GRANTS TO IMPROVE PUBLIC HEALTH SURVEILLANCE IN FORENSIC 
              LABORATORIES.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10101 et seq.) is amended by adding at the end the 
following:

  ``PART PP--CONFRONTING THE USE OF HEROIN, FENTANYL, AND ASSOCIATED 
                            SYNTHETIC DRUGS

``SEC. 3061. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY THROUGH 
              IMPROVED FORENSIC LABORATORY DATA.

    ``(a) Purpose.--The purpose of this section is to assist States and 
units of local government in--
            ``(1) carrying out programs to improve surveillance of 
        heroin, fentanyl, fentanyl-related substances, and associated 
        synthetic drugs to enhance public health;
            ``(2) improving the ability of States, Tribes, and units of 
        local government to carry out such programs; and
            ``(3) carrying out the activities as described in section 
        101 of the STOP Fentanyl Act of 2023.
    ``(b) Grant Authorization.--The Attorney General, acting through 
the Director of the Bureau of Justice Assistance, may make grants to 
States and units of local government to improve surveillance of heroin, 
fentanyl, fentanyl-related substances, and associated synthetic drugs 
to enhance public health.
    ``(c) Grant Projects To Improve Surveillance of Seized Heroin, 
Fentanyl, and Associated Synthetic Drugs.--Grants made under subsection 
(b) shall be used for programs, projects, and other activities to--
            ``(1) reimburse State, local, or forensic science 
        laboratories to help address backlogs of untested samples of 
        heroin, fentanyl, and associated synthetic drugs;
            ``(2) reimburse State, local, or other forensic science 
        laboratories for procuring equipment, technology, or other 
        support systems if the applicant for the grant demonstrates to 
        the satisfaction of the Attorney General that expenditures for 
        such purposes would result in improved efficiency of laboratory 
        testing and help prevent future backlogs;
            ``(3) reimburse State, local, or other forensic science 
        laboratories for improved, real time data exchange with the 
        Centers for Disease Control and Prevention on fentanyl, 
        fentanyl-related substances, and other associated synthetic 
        drugs present in the local communities; and
            ``(4) support State, tribal, and local health department 
        services deployed to address the use of heroin, fentanyl, and 
        associated synthetic drugs.
    ``(d) Limitation.--Not less than 60 percent of the amounts made 
available to carry out this section shall be awarded for the purposes 
under paragraph (1) or (2) of subsection (c).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.
    ``(f) Allocation.--
            ``(1) Population allocation.--Seventy-five percent of the 
        amount made available to carry out this section in a fiscal 
        year shall be allocated to each State that meets the 
        requirements of section 2802 so that each State shall receive 
        an amount that bears the same ratio to the 75 percent of the 
        total amount made available to carry out this section for that 
        fiscal year as the population of the State bears to the 
        population of all States.
            ``(2) Discretionary allocation.--Twenty-five percent of the 
        amount made available to carry out this section in a fiscal 
        year shall be allocated pursuant to the discretion of the 
        Attorney General for competitive grants to States or units of 
        local government with high rates of primary treatment 
        admissions for polysubstance use, including heroin and other 
        opioids, for use by State or local law enforcement agencies.
            ``(3) Minimum requirement.--Notwithstanding paragraphs (1) 
        and (2), each State shall receive not less than 0.6 percent of 
        the amount made available to carry out this section in each 
        fiscal year.
            ``(4) Certain territories.--
                    ``(A) In general.--For purposes of the allocation 
                under this section, American Samoa and the Commonwealth 
                of the Northern Mariana Islands shall be considered as 
                1 State.
                    ``(B) Allocation amongst certain territories.--For 
                purposes of subparagraph (A), 67 percent of the amount 
                allocated shall be allocated to American Samoa and 33 
                percent shall be allocated to the Commonwealth of the 
                Northern Mariana Islands.''.

               TITLE II--STEMMING THE SUPPLY OF FENTANYL

SEC. 201. REPORT ON COUNTRIES THAT PRODUCE SYNTHETIC DRUGS.

     Not later than 1 year after the date of enactment of this Act, the 
Secretary of State shall submit to the Committee on the Judiciary and 
the Committee on Foreign Relations of the Senate and the Committee on 
Energy and Commerce of the House of Representatives a report--
            (1) identifying the countries the Secretary determines are 
        the principal producers of synthetic drugs trafficked into the 
        United States;
            (2) assessing how and why those countries are producing 
        such drugs; and
            (3) describing measures the Secretary plans to take to 
        reduce the flow of such drugs into the United States.

SEC. 202. GAO REPORT ON INTERNATIONAL MAIL AND CARGO SCREENING.

    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 reviewing the impact of the High Intensity Drug Trafficking 
Areas program on illicit fentanyl and fentanyl-related substances 
imported through international mail and cargo, including discussion of 
the following:
            (1) The volume of fentanyl and fentanyl-related substances 
        being imported into the United States by means of international 
        mail and cargo.
            (2) The potential impact of increased screening for illicit 
        fentanyl and fentanyl-related substances on--
                    (A) deterring drug trafficking in the United 
                States;
                    (B) interdicting fentanyl and fentanyl-related 
                substances that were manufactured outside of the United 
                States and intended, or attempted, to be imported into 
                the United States;
                    (C) the number of Federal criminal prosecutions 
                based on the manufacture, distribution, or possession 
                of fentanyl or fentanyl-related substances, 
                disaggregated by demographic data, including sex, race, 
                and ethnicity, of the offender;
                    (D) the charges brought in such prosecutions;
                    (E) the impacts of prosecutions on reducing demand 
                and availability to users; and
                    (F) the development of new fentanyl-related 
                substances.
            (3) The need for noninvasive technology in screening for 
        fentanyl and fentanyl-related substances, taking into account 
        the findings pursuant to paragraphs (1) and (2).

  TITLE III--OVERDOSE PREVENTION AND SUBSTANCE USE DISORDER TREATMENT 
                                PROGRAMS

SEC. 301. OPIOID TREATMENT EDUCATION.

    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:

``SEC. 553. OPIOID TREATMENT EDUCATION.

    ``(a) In General.--The Secretary shall award grants to States and 
local governmental entities to provide education to stakeholders, 
including health care providers, criminal justice professionals, and 
substance use disorder treatment personnel, on the current state of 
research on treatment for opioid use disorder, including--
            ``(1) the use of opioid agonists or partial agonists; and
            ``(2) the potential benefits of the use of opioid agonists 
        or partial agonists for affected individuals.
    ``(b) Report.--Not later than 1 year after the date of enactment of 
the STOP Fentanyl Act of 2023, the Secretary shall submit to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives a 
report that includes the following data on the education programs 
funded pursuant to grants under subsection (a):
            ``(1) The number of people reached by educational materials 
        funded pursuant to grants under subsection (a).
            ``(2) The geographic areas where people received such 
        educational materials.
            ``(3) The remaining populations and areas targeted for 
        awareness of such educational materials, including the 
        characteristics of such populations and areas, such as the type 
        of stakeholder.
            ``(4) The outcomes of education provided pursuant to grants 
        under subsection (a), as determined by the Secretary.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.''.

SEC. 302. GAO STUDY ON NALOXONE ACCESS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on actions that may be taken to ensure appropriate 
access and affordability of naloxone for individuals seeking to 
purchase naloxone. Such study shall address what is known about--
            (1) coverage of naloxone (in any available form), including 
        whether naloxone can be covered as an over-the-counter drug 
        under a group health plan or group or individual health 
        insurance coverage (as such terms are defined in section 2791 
        of the Public Health Service Act (42 U.S.C. 300gg-91)) or for 
        individuals entitled to benefits under part A or enrolled under 
        part B of title XVIII of the Social Security Act (42 U.S.C. 
        1395 et seq.), or receiving medical assistance under a State 
        plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or a 
        waiver of such plan;
            (2) the out-of-pocket cost to consumers purchasing 
        naloxone--
                    (A) with a prescription, with and without coverage 
                under any such plan or coverage;
                    (B) over-the-counter, with and without coverage 
                under any such plan or coverage; and
                    (C) via standing order; and
            (3) other factors impacting coverage, including barriers in 
        covering naloxone as an over-the-counter drug, the relative net 
        costs of naloxone when purchased over-the-counter without 
        insurance coverage compared to when purchased with a 
        prescription and covered under a group health plan or health 
        insurance coverage, and the availability of naloxone purchased 
        and distributed through public health entities.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report that contains the findings of the study conducted 
under subsection (a).

SEC. 303. INCREASING ACCESS TO MEDICATION FOR OPIOID OVERDOSE REVERSAL; 
              EXEMPTION FROM REQUIREMENTS OF THE DRUG SUPPLY CHAIN 
              SECURITY ACT.

    (a) Transactions.--Section 581(24)(B) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 360eee(24)(B)) is amended--
            (1) by redesignating clauses (xvii) and (xviii) as clauses 
        (xviii) and (xix), respectively; and
            (2) by inserting after clause (xvi) the following:
                            ``(xvii) the distribution of an opioid 
                        antagonist indicated for emergency treatment of 
                        opioid overdose, such as naloxone, by or to an 
                        overdose prevention, syringe services program, 
                        or other harm reduction service;''.
    (b) Wholesale Distribution.--Section 503(e)(4) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 353(e)(4)) is amended--
            (1) by redesignating subparagraphs (R) and (S) as 
        subparagraphs (S) and (T), respectively; and
            (2) by inserting after subparagraph (Q) the following:
                    ``(R) the distribution of an opioid antagonist 
                indicated for emergency treatment of opioid overdose, 
                such as naloxone, by or to an overdose prevention, 
                syringe services program, or other harm reduction 
                service;''.

SEC. 304. GRANT PROGRAM ON HARMS OF DRUG MISUSE.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.) (as amended by section 301) is amended by adding at the end 
the following:

``SEC. 554. GRANT PROGRAM ON HARMS OF DRUG MISUSE.

    ``(a) In General.--The Assistant Secretary, in consultation with 
the Director of the Centers for Disease Control and Prevention, shall 
award grants to States and political subdivisions of States to support 
the delivery of overdose prevention services, including distribution of 
opioid reversal agents approved by the Food and Drug Administration, 
such as naloxone, fentanyl strips, and other harm reduction services 
that address the harms of drug misuse, including by--
            ``(1) connecting individuals at risk for, or with, a 
        substance use disorder to overdose education, counseling, and 
        health education; and
            ``(2) encouraging such individuals to take steps to reduce 
        the harms associated with substance misuse.
    ``(b) Considerations.--In awarding grants under this section, the 
Assistant Secretary shall prioritize grants to applicants that are--
            ``(1) organizations providing culturally competent care in 
        terms of considerations based on race, language, ethnicity, 
        gender, sexuality, or disability; or
            ``(2) proposing to serve areas with--
                    ``(A) a higher proportion of the population who 
                meet criteria for dependence on, or abuse of, illicit 
                drugs;
                    ``(B) a higher drug overdose death rate; and
                    ``(C) a greater behavioral health and substance use 
                disorder workforce need.
    ``(c) Special Considerations.--A recipient of a grant under this 
section shall--
            ``(1) ensure that not less than 60 percent of the grant 
        funds are used for harm reduction programs; and
            ``(2) prioritize the delivery of opioid antagonists to--
                    ``(A) people who use opioids or illicit drugs;
                    ``(B) families of such people;
                    ``(C) first responders, such as law enforcement 
                personnel and nonemergency services, such as 
                firefighters and park rangers; and
                    ``(D) community service providers, such as library, 
                school, and public transportation personnel.
    ``(d) Use of Grant Awards.--A recipient of a grant under this 
section may use grant funds for the following:
            ``(1) Adapting, maintaining, and expanding essential 
        services provided by harm reduction service organizations to 
        address the risks of drug overdose and contraction of 
        infectious disease.
            ``(2) Maintaining or hiring staff.
            ``(3) Supporting program operational costs, including 
        staff, rent, and vehicle purchase or maintenance.
            ``(4) Program supplies.
            ``(5) Support and case management services.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.''.

SEC. 305. GOOD SAMARITAN IMMUNITY.

    (a) In General.--Part B of title II of the Public Health Service 
Act (42 U.S.C. 238 et seq.) is amended by adding at the end the 
following:

``SEC. 249. GOOD SAMARITAN IMMUNITY.

    ``(a) Limitation on Civil Liability for Individuals Who Administer 
Opioid Overdose Reversal Drugs.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, except as provided in paragraph (2), no individual shall 
        be liable in any Federal or State proceeding for harm caused by 
        the emergency administration of an opioid overdose reversal 
        drug to an individual who has or reasonably appears to have 
        suffered an overdose from heroin or another opioid, if the 
        individual administers the opioid overdose reversal drug in 
        good faith.
            ``(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.
            ``(3) Definition of opioid overdose reversal drug.--In this 
        subsection, the term `opioid overdose reversal drug' means a 
        drug approved under section 505 of the Federal Food, Drug, and 
        Cosmetic Act that is indicated for the partial or complete 
        reversal of the pharmacological effects of an opioid overdose 
        in the human body.
    ``(b) Immunity From Liability.--
            ``(1) Immunity.--
                    ``(A) In general.--An individual described in 
                subparagraph (B) shall not be cited, arrested, 
                prosecuted, criminally liable, or subject to any 
                sanction for a violation of a condition of supervised 
                release under section 404 of the Controlled Substances 
                Act for the possession or use of a controlled 
                substance, or under any other provision of Federal law 
                regulating the misuse of prescription drugs, as a 
                result of seeking medical assistance as described in 
                clause (i), (ii), or (iii) of subparagraph (B).
                    ``(B) Individual described.--An individual referred 
                to in subparagraph (A) is an individual who, in good 
                faith and in a timely manner--
                            ``(i) seeks medical assistance for another 
                        individual who is experiencing a drug overdose;
                            ``(ii) seeks medical assistance for himself 
                        or herself for a drug overdose; or
                            ``(iii) is the subject of a request for 
                        medical assistance for another individual who 
                        is experiencing a drug overdose.
            ``(2) Preemption.--This subsection preempts the laws of a 
        State or any political subdivision of a State to the extent 
        that such laws are inconsistent with this subsection, unless 
        such laws provide greater protection from liability.
            ``(3) Definitions.--In this section:
                    ``(A) Controlled substance.--The term `controlled 
                substance' has the meaning given the term in section 
                102 of the Controlled Substances Act.
                    ``(B) Drug overdose.--The term `drug overdose' 
                means an acute condition resulting from or believed to 
                be resulting from the use of a controlled substance, 
                which an individual, who is not a health care 
                professional, would reasonably believe requires medical 
                assistance.
                    ``(C) Prescription drug.--The term `prescription 
                drug' means a drug subject to section 503(b)(1) of the 
                Federal Food, Drug, and Cosmetic Act.
                    ``(D) Seeks medical assistance; seeking medical 
                assistance.--The terms `seeks medical assistance' and 
                `seeking such medical assistance' include--
                            ``(i) reporting a drug or alcohol overdose 
                        or other medical emergency to a law enforcement 
                        authority, the 9-1-1 system, a poison control 
                        center, or a medical provider;
                            ``(ii) assisting another individual who is 
                        making a report described in clause (i); or
                            ``(iii) providing care by administering a 
                        drug to someone who is experiencing a drug or 
                        alcohol overdose or other medical emergency 
                        while awaiting the arrival of medical 
                        assistance.''.
    (b) Public Awareness Campaign.--The Secretary, in coordination with 
the Administrator of the Drug Enforcement Administration, shall carry 
out a campaign to increase public awareness of the limitations on civil 
and criminal liability established by section 249 of the Public Health 
Service Act (as added by subsection (a)).

SEC. 306. REPORT ON OVERDOSE PREVENTION CENTERS.

    The Secretary shall enter into an agreement with the National 
Academies of Sciences, Engineering, and Medicine under which the 
National Academies shall--
            (1) not later than 2 years after the date of the agreement, 
        submit to Congress a report on overdose prevention centers; and
            (2) include in the report required under paragraph (1)--
                    (A) identification of barriers to operating 
                overdose prevention centers;
                    (B) a compilation of the data available to measure 
                effectiveness of overdose prevention centers on 
                preventing and reducing regional rates of overdose 
                deaths, and practices utilized at overdose prevention 
                centers to improve access to medication for opioid use 
                disorder and recovery services;
                    (C) identification of best practices at overdose 
                prevention centers to promote individual and public 
                health, provide resources to individuals and families, 
                improve access to substance use disorder and behavioral 
                health services, and reduce stigma;
                    (D) recommendations for developing integrated care 
                settings inclusive of overdose prevention sites and 
                incorporating overdose prevention sites into referral 
                networks; and
                    (E) recommended approaches to overdose prevention 
                services that may serve as effective strategies for 
                recovery for people using fentanyl, fentanyl-related 
                substances, other synthetic opioids, and new emerging 
                drugs of abuse (including harmful adulterants of 
                fentanyl, such as xylazine).

SEC. 307. PRISONS AND SUBSTANCE USE DISORDER TREATMENT.

    (a) Prisons and Medication-Assisted Treatment.--
            (1) In general.--The Director of the Bureau of Prisons, in 
        collaboration with the Director of the Office of National Drug 
        Control Policy, shall establish a program to offer--
                    (A) all drugs that are approved by the Food and 
                Drug Administration for treatment of a substance use 
                disorder;
                    (B) counseling and other psychosocial treatments 
                for the treatment of substance use disorder; and
                    (C) evidence-based withdrawal management services 
                to individuals in the custody of the Bureau of Prisons 
                to provide a comprehensive treatment approach substance 
                use disorders.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection such sums as 
        are necessary.
    (b) Residential Substance Abuse Treatment for State Prisoners.--
Section 1904(d) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10424(d)) is amended--
            (1) by striking ``means'' and inserting the following:
            ``(1) means'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
            ``(2) includes any such course of comprehensive individual 
        and group substance abuse treatment services using medication-
        assisted treatment for opioid use disorder (including the use 
        of any drug approved or licensed by the Food and Drug 
        Administration for such treatment).''.
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