II 109th CONGRESS 2d Session S. 3557 IN THE SENATE OF THE UNITED STATES June 22, 2006 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reduce deaths occurring from overdoses of drugs or controlled substances.

1.

Short title

This Act may be cited as the Drug Overdose Reduction Act.

2.

Findings

Congress finds the following: (1)The Centers for Disease Control and Prevention reports that 28,723 deaths in the United States in 2003 were attributable to drug-induced causes. (2)Deaths resulting from drug overdoses have increased 540 percent between 1980 and 1999. (3)According to the Federal Drug Abuse Warning Network, most drug-induced deaths involve multiple drugs. (4)An increase in the number of deaths attributable to heroin mixed with fentanyl, a narcotic considered 50 to 100 times more potent than morphine, has been documented in 2005 and 2006. (5)An estimated 3,000,000 individuals in the United States have serious drug problems. (6)The damage caused by drug use is not limited to drug abusers. The collateral damage from drug use is enormous, and drug abuse costs society over $60,000,000,000 in social costs and lost productivity. (7)Community-based programs working with high-risk populations have successfully prevented deaths from drug overdoses through education and access to effective reversal agents, such as naloxone.

3.

Definitions

In this Act: (1)

Controlled substance

The term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (2)

Director

The term Director means the Director of the Centers for Disease Control and Prevention. (3)

Drug

The term drug has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)). (4)

Eligible entity

The term eligible entity means an entity that is a State, local, or tribal government, or a private nonprofit organization.

4.

Overdose prevention grant program

(a)

Program authorized

From amounts appropriated under this section for a fiscal year, the Director shall award grants or cooperative agreements to eligible entities to enable the eligible entities to reduce deaths occurring from overdoses of drugs or controlled substances. (b)

Application

(1)

In general

An eligible entity desiring a grant or cooperative agreement under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (2)

Contents

The application described in paragraph (1) shall include— (A)a description of the activities the eligible entity will carry out if the entity receives funds under this section; (B)a demonstration that the eligible entity has the capacity to carry out the activities described in subparagraph (A); and (C)a certification that the eligible entity meets all State licensure or certification requirements necessary to carry out the activities. (c)

Priority

In awarding grants or cooperative agreements under subsection (a), the Director shall give priority to eligible entities that are public health agencies or community-based organizations and that have expertise in preventing deaths occurring from overdoses of drugs or controlled substances in populations at high risk of such deaths. (d)

Eligible activities

An eligible entity receiving a grant or cooperative agreement under this section shall carry out 1 or more of the following activities: (1)Training first responders, people affected by drug abuse, and law enforcement and corrections officials on the effective response to individuals who have overdosed on drugs or controlled substances. (2)Implementing programs to provide overdose prevention, recognition, treatment, or response to individuals in need of such services. (3)Evaluating, expanding, or replicating a program described in paragraph (1) or (2) that exists as of the date the application is submitted. (e)

Report

Not later than 90 days after the last day of the grant or cooperative agreement period, each eligible entity receiving a grant or cooperative agreement under this section shall prepare and submit a report to the Director describing the results of the program supported under this section. (f)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2007 and 2008, and such sums as may be necessary for each of the fiscal years 2009 through 2011.

5.

Reducing overdose deaths

(a)

Data collection

The Director shall annually compile and publish data on the deaths occurring from overdoses of drugs or controlled substances for the preceding year. (b)

Plan to reduce overdose deaths

Not later than 180 days after the date of enactment of this Act, the Director shall develop a plan to reduce the number of deaths occurring from overdoses of drugs or controlled substances and shall submit the plan to Congress. The plan shall include— (1)an identification of the barriers to obtaining accurate data regarding the number of deaths occurring from overdoses of drugs or controlled substances; (2)an identification of the barriers to implementing more effective overdose prevention strategies; and (3)recommendations for such legislative or administrative action that the Director considers appropriate.