[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2805 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2805

          To address prescription opioid abuse and heroin use.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2015

    Mrs. Brooks of Indiana (for herself, Mr. Kennedy, Mr. Carson of 
 Indiana, Mrs. Walorski, Mr. Whitfield, and Mr. Messer) introduced the 
   following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on the Judiciary, 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 address prescription opioid abuse and heroin use.

    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 ``Heroin and Prescription Opioid Abuse 
Prevention, Education, and Enforcement Act of 2015''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) 
        declares that many controlled substances have a useful and 
        legitimate medical purpose and are necessary to maintain the 
        health and general welfare of the people of the United States.
            (2) Health care professionals, medical experts, 
        researchers, and scientists have found pain to be a major 
        national health problem.
            (3) The responsible treatment of pain is a high priority 
        for our Nation and the needs of individuals with pain must be 
        taken into careful consideration when taking steps to prevent 
        prescription drug misuse and abuse.
            (4) When no longer needed or wanted for legitimate pain 
        management or health treatment, prescription opioids are 
        susceptible to diversion. Prescription opioids also may be 
        abused by individuals who were not prescribed such drugs, or 
        misused by individuals not taking such drugs as directed.
            (5) Approximately 4 out of 5 new heroin users report that 
        they became addicted to prescription opioids before they used 
        heroin for the first time.
            (6) According to the National Institute on Drug Abuse, 
        heroin attaches to the same brain cell receptors as 
        prescription opioids.
            (7) The low cost and high purity of currently available 
        heroin has contributed to an increase in heroin use across the 
        United States.
            (8) More people are using heroin, and are using heroin at a 
        younger age. The National Survey on Drug Use and Health reports 
        that new heroin users numbered 142,000 in 2010, and increased 
        to 178,000 in 2011. In 2011, the average age at first use among 
        heroin abusers between 12 and 49 years was 22.1 years. In 2009, 
        the average age at first use among heroin abusers between 12 
        and 49 years was 25.5 years.
            (9) According to the Department of Health and Human 
        Services, heroin use nationwide rose 79 percent between 2007 
        and 2012.
            (10) Deaths from heroin overdose have significantly 
        increased in communities across the United States. According to 
        the Centers for Disease Control and Prevention, the number of 
        deaths involving heroin almost tripled between 2010 and 2013. 
        From 2010 to 2013, the number of heroin deaths rose from 3,036 
        to 8,257.
            (11) The Edward Byrne Memorial Justice Assistance Grant 
        Program under part E of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) is 
        critical to fighting the prescription opioid abuse and heroin 
        use epidemics, and should be reauthorized and fully funded.

SEC. 3. 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, 
                including the Centers for Disease Control and 
                Prevention;
                    (B) the Department of Veterans Affairs;
                    (C) the Department of Defense;
                    (D) the Drug Enforcement Administration;
                    (E) the Office of National Drug Control Policy; and
                    (F) the Institute of Medicine; and
            (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; and
                    (D) pain advocacy groups;
            (7) a person in recovery from addiction to medication for 
        chronic pain;
            (8) a person with chronic pain; and
            (9) 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, develop best practices for pain 
        management and prescription pain medication prescribing 
        practices, taking into consideration--
                    (A) existing pain management research;
                    (B) recommendations from relevant conferences; and
                    (C) ongoing efforts at the State and local levels 
                and by medical professional organizations to develop 
                improved pain management strategies;
            (2) solicit and take into consideration public comment on 
        the best 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, pharmacists, State medical boards, educational 
        institutions that educate prescribers and pharmacists, 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 paragraphs (1) and (2) of 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 such best practices to 
        improve prescribing practices at medical facilities, including 
        medical facilities of the Veterans Health Administration.

SEC. 4. 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. 5. REAUTHORIZATION OF BYRNE JUSTICE ASSISTANCE GRANT PROGRAM.

    Section 508 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3758) is amended by striking ``2006 
through 2012'' and inserting ``2016 through 2020''.

SEC. 6. AWARENESS CAMPAIGNS.

    (a) In General.--The Secretary of Health and Human Services shall 
advance the education and awareness of the public, providers, patients, 
and other appropriate stakeholders 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 
        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.
            (3) Available funds.--Funds for the national drug awareness 
        campaign may be derived from amounts appropriated to the Office 
        of National Drug Control Policy and otherwise available for 
        obligation and expenditure.

SEC. 7. NALOXONE DEMONSTRATION GRANTS.

    (a) Definitions.--In this section--
            (1) the term ``eligible entity'' means a State, a unit of 
        local government, or a tribal government;
            (2) the term ``first responder'' includes firefighters, law 
        enforcement officers, paramedics, emergency medical 
        technicians, and other individuals (including employees of 
        legally organized and recognized volunteer organizations, 
        whether compensated or not), who, in the course of professional 
        duties, respond to fire, medical, hazardous material, or other 
        similar emergencies; and
            (3) the term ``opioid overdose reversal drug'' means a drug 
        that, when administered, reverses in whole or part the 
        pharmacological effects of an opioid overdose in the human 
        body.
    (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 not more than 8 demonstration programs to allow 
properly trained first responders to prevent prescription opioid and 
heroin overdose death by administering an opioid overdose reversal drug 
to an individual who has experienced overdose or who has been 
determined to have likely experienced overdose.
    (c) Application.--
            (1) In general.--To be eligible to receive a grant under 
        this section, an entity shall submit an application to the 
        Attorney General, at such time, in such manner, and accompanied 
        by such information as the Attorney General shall require, 
        and--
                    (A) that meets the criteria for selection under 
                paragraph (2); and
                    (B) that describes--
                            (i) the evidence-based methodology and 
                        outcome measures 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;
                            (ii) how the program could be broadly 
                        replicated if demonstrated to be effective;
                            (iii) how the eligible entity will 
                        coordinate with their corresponding State 
                        substance abuse agency to identify protocols 
                        and resources that are available to victims and 
                        families, including information on treatment 
                        and recovery resources; and
                            (iv) how the demonstration program will 
                        continue with State, local, or private funding 
                        after the expiration of the grant.
            (2) Criteria for selection.--The Attorney General may award 
        grants to eligible entities that demonstrate an institutional 
        need for technical support and lack existing infrastructure in 
        order to implement and train first responders to carry out a 
        demonstration program under paragraph (b).
            (3) Priority consideration.--In awarding grants under this 
        section, the Attorney General shall give priority to an 
        eligible entity located in a State that provides civil 
        liability protection for first responders administering an 
        opioid overdose reversal drug to counteract opioid overdoses 
        by--
                    (A) enacting legislation that provides such civil 
                liability protection; and
                    (B) 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 who 
                        may administer an opioid overdose reversal drug 
                        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.
    (d) Use of Funds.--An eligible entity shall use a grant received 
under this section to--
            (1) make an opioid overdose reversal drug, which may 
        include naloxone, available to be carried and administered by 
        first responders;
            (2) train and provide resources for first responders, on 
        carrying and administrating such opioid overdose reversal drug 
        for the prevention of prescription opioid and heroin overdose 
        deaths; and
            (3) establish processes, protocols, and mechanisms for 
        referral to treatment.
    (e) Technical Support.--The Attorney General shall provide 
individualized technical support, as requested, to grant recipients 
under this section to assist with implementation of the demonstration 
program.
    (f) Grant Duration.--A demonstration project grant shall be for a 
period of 3 years.
    (g) Evaluation.--Following the first grant year, a recipient of a 
grant awarded under this section shall report to the Attorney General 
on an annual basis --
            (1) the number of first responders equipped with an opioid 
        overdose reversal drug for the prevention of fatal prescription 
        opioid and heroin overdose;
            (2) the number of prescription opioid and heroin overdoses 
        reversed by first responders;
            (3) the number of calls for service related to prescription 
        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.
    (h) Report to Congress.--The Attorney General shall submit an 
annual report to the appropriate committees of Congress aggregating the 
data received from the grant recipients and evaluating the outcomes 
achieved by the demonstration projects funded under this section.

SEC. 8. 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.
                                 <all>