[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5432 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5432

To prevent the abuse of opiates, to improve response and treatment for 
  the abuse of opiates and related overdoses, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2016

 Mr. Joyce (for himself and Mr. Ryan of Ohio) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
     in addition to the Committees on the Judiciary, Oversight and 
Government Reform, and Armed Services, 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 prevent the abuse of opiates, to improve response and treatment for 
  the abuse of opiates and related overdoses, 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 ``Stem the Tide of Overdose Prevalence 
from Opiate Drugs Act of 2016'' or as the ``STOP OD Act of 2016''.

SEC. 2. SENSE OF CONGRESS.

    Congress finds as follows:
            (1) The increase in fentanyl-related unintentional overdose 
        fatalities presents another life-threatening scenario for its 
        victims and threatens first-responders.
            (2) The U.S. Sentencing Commission--
                    (A) ought to consider the presence of fentanyl in 
                connection to the illicit distribution of an illicit 
                substance, as a cutting agent; and
                    (B) if fentanyl is present as a cutting agent or in 
                its pure form, may consider such presence as an 
                aggravating factor at sentencing.
            (3) Better identification and reporting practices by 
        medical examiners and coroners to identify fentanyl in an 
        overdose mortality will help the States and the Federal 
        Government to allocate resources more accurately. Those 
        findings ought to be confidential but for any aggregate data 
        released by the appropriate government agency.
            (4) Congress encourages States to expand training 
        opportunities to first responders to administer naloxone.
            (5) Eliminating the civil liability of first responders 
        administering naloxone would save lives and protect our 
        emergency personnel.

SEC. 3. EXPANSION OF EDUCATIONAL CAMPAIGN GRANTS.

    (a) In General.--For each of fiscal years 2017 and 2018, the 
Director of the Centers for Disease Control and Prevention, in 
consultation with the Director of the Office of National Drug Control 
Policy, may make not more than $75,000,000 in grants to eligible 
grantees for the following purposes:
            (1) Expansion of educational efforts to prevent abuse of 
        opiates including heroin.
            (2) Promotion of treatment and recovery of persons who 
        abuse such substances.
            (3) Efforts to promote understanding of addiction as a 
        chronic disease.
    (b) Eligible Grantees.--A grant under this section may be made only 
to the following entities:
            (1) A State, with grants first being awarded to States with 
        laws in effect that provide for immunity from civil liability 
        for first responders and health professionals who administer 
        naloxone in the course of their duty to counteract opiate 
        overdoses.
            (2) A local government.
            (3) A nonprofit organization.
            (4) An organization that has received a grant under the 
        Drug-Free Communities Act of 1997 to implement a comprehensive 
        community-wide strategy that addresses a local drug crisis.
    (c) Amount of Grants.--The amount of a grant under this section to 
an eligible grantee for a fiscal year may not be more than $100,000.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $75,000,000 for each of fiscal 
years 2017 and 2018.

SEC. 4. GRANTS FOR NALOXONE, TRAINING IN THE ADMINISTRATION OF 
              NALOXONE, AND TESTING FOR FENTANYL.

    (a) In General.--For each of fiscal years 2017 and 2018, the 
Secretary of Health and Human Services, in consultation with the 
Director of the Office of National Drug Control Policy, may make grants 
to eligible applicants to--
            (1) make naloxone available to be carried and administered 
        by first responders in the course of their official duties;
            (2) train and provide resources for first responders for 
        carrying and administering naloxone in the course of their 
        official duties to prevent deaths from opiate (including 
        heroin) overdoses;
            (3) establish processes, protocols, and mechanisms for 
        referral to treatment for opiate abuse; and
            (4) provide rebates for the testing of fentanyl in 
        unintentional overdoses on opiates and report the results of 
        such testing to the Centers for Disease Control and Prevention.
    (b) Eligible Applicant.--A grant under this section may be made 
only to a State or local government, or a nonprofit organization, that 
submits an application that includes the following:
            (1) A description of the evidence-based methodology and 
        outcome measurements that will be used to evaluate any program 
        funded by the eligible applicant with a grant under this 
        section, and a specific explanation of how such measurements 
        will provide valid measures of the impact of the program.
            (2) A description of how the program could be broadly 
        replicated if demonstrated to be effective.
            (3) An identification of the governmental and community 
        agencies with respect to which the eligible applicant will 
        provide coordination carrying out the program.
            (4) A description of how first responders will coordinate 
        with corresponding State substance abuse clinics and coroners 
        and medical examiners to identify protocols and resources that 
        are available, including information on treatment and recovery 
        resources.
    (c) Maximum Amount.--The amount of a grant under this section to an 
eligible applicant for a fiscal year may not be more than $200,000.
    (d) First Responders Defined.--In this section, the term ``first 
responders'' means law enforcement officers, emergency medical 
technicians, and firefighters.
    (e) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $150,000,000 for each of fiscal 
years 2017 and 2018.

SEC. 5. FEE FOR FENTANYL.

    Section 401 of the Controlled Substances Act (21 U.S.C. 841) is 
amended by adding at the end the following:
                            ``(i) Fee for fentanyl.--In the case of any 
                        person who is convicted of a violation of 
                        subsection (a), or of a conspiracy to violate 
                        subsection (a) (including conviction arising 
                        from a plea of guilty or nolo contendere), the 
                        court shall, in addition to any other penalty, 
                        impose a fee of $80. Amounts collected as fees 
                        under this subsection shall be available to the 
                        Attorney General for fiscal years 2017 and 2018 
                        for grants under section 4 of the Stem the Tide 
                        of Overdose Prevalence from Opiate Drugs Act of 
                        2016.''.

SEC. 6. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE.

    (a) Federal Data Center Consolidation Inventories and Strategies.--
            (1) In general.--
                    (A) Annual reporting.--Except as provided in 
                subparagraph (C), each year, beginning in the first 
                fiscal year after the date of the enactment of this Act 
                and each fiscal year thereafter, the head of each 
                covered agency, assisted by the Chief Information 
                Officer of the agency, shall submit to the 
                Administrator--
                            (i) a comprehensive inventory of the data 
                        centers owned, operated, or maintained by or on 
                        behalf of the agency; and
                            (ii) a multiyear strategy to achieve the 
                        consolidation and optimization of the data 
                        centers inventoried under clause (i), that 
                        includes--
                                    (I) performance metrics--
                                            (aa) that are consistent 
                                        with the Government-wide data 
                                        center consolidation and 
                                        optimization metrics; and
                                            (bb) by which the 
                                        quantitative and qualitative 
                                        progress of the agency toward 
                                        the goals of the FDCCI can be 
                                        measured;
                                    (II) a timeline for agency 
                                activities to be completed under the 
                                FDCCI, with an emphasis on benchmarks 
                                the agency can achieve by specific 
                                dates;
                                    (III) year-by-year calculations of 
                                investment and cost savings for the 
                                period beginning on the date of the 
                                enactment of this Act and ending on the 
                                date set forth in subsection (e), 
                                broken down by each year, including a 
                                description of any initial costs for 
                                data center consolidation and 
                                optimization and life cycle cost 
                                savings and other improvements, with an 
                                emphasis on--
                                            (aa) meeting the 
                                        Government-wide data center 
                                        consolidation and optimization 
                                        metrics; and
                                            (bb) demonstrating the 
                                        amount of agency-specific cost 
                                        savings each fiscal year 
                                        achieved through the FDCCI; and
                                    (IV) any additional information 
                                required by the Administrator.
                    (B) Use of other reporting structures.--The 
                Administrator may require a covered agency to include 
                the information required to be submitted under this 
                subsection through reporting structures determined by 
                the Administrator to be appropriate.
                    (C) Department of defense reporting.--For any year 
                that the Department of Defense is required to submit a 
                performance plan for reduction of resources required 
                for data servers and centers, as required under section 
                2867(b) of the National Defense Authorization Act for 
                Fiscal Year 2012 (10 U.S.C. 2223a note), the Department 
                of Defense--
                            (i) may submit to the Administrator, in 
                        lieu of the multiyear strategy required under 
                        subparagraph (A)(ii)--
                                    (I) the defense-wide plan required 
                                under section 2867(b)(2) of the 
                                National Defense Authorization Act for 
                                Fiscal Year 2012 (10 U.S.C. 2223a 
                                note); and
                                    (II) the report on cost savings 
                                required under section 2867(d) of the 
                                National Defense Authorization Act for 
                                Fiscal Year 2012 (10 U.S.C. 2223a 
                                note); and
                            (ii) shall submit the comprehensive 
                        inventory required under subparagraph (A)(i), 
                        unless the defense-wide plan required under 
                        section 2867(b)(2) of the National Defense 
                        Authorization Act for Fiscal Year 2012 (10 
                        U.S.C. 2223a note)--
                                    (I) contains a comparable 
                                comprehensive inventory; and
                                    (II) is submitted under clause (i).
                    (D) Statement.--Each year, beginning in the first 
                fiscal year after the date of the enactment of this Act 
                and each fiscal year thereafter, the head of each 
                covered agency, acting through the Chief Information 
                Officer of the agency, shall--
                            (i)(I) submit a statement to the 
                        Administrator stating whether the agency has 
                        complied with the requirements of this section; 
                        and
                            (II) make the statement submitted under 
                        subclause (I) publicly available; and
                            (ii) if the agency has not complied with 
                        the requirements of this section, submit a 
                        statement to the Administrator explaining the 
                        reasons for not complying with such 
                        requirements.
                    (E) Agency implementation of strategies.--
                            (i) In general.--Each covered agency, under 
                        the direction of the Chief Information Officer 
                        of the agency, shall--
                                    (I) implement the strategy required 
                                under subparagraph (A)(ii); and
                                    (II) provide updates to the 
                                Administrator, on a quarterly basis, 
                                of--
                                            (aa) the completion of 
                                        activities by the agency under 
                                        the FDCCI;
                                            (bb) any progress of the 
                                        agency towards meeting the 
                                        Government-wide data center 
                                        consolidation and optimization 
                                        metrics; and
                                            (cc) the actual cost 
                                        savings and other improvements 
                                        realized through the 
                                        implementation of the strategy 
                                        of the agency.
                            (ii) Department of defense.--For purposes 
                        of clause (i)(I), implementation of the 
                        defense-wide plan required under section 
                        2867(b)(2) of the National Defense 
                        Authorization Act for Fiscal Year 2012 (10 
                        U.S.C. 2223a note) by the Department of Defense 
                        shall be considered implementation of the 
                        strategy required under subparagraph (A)(ii).
                    (F) Rule of construction.--Nothing in this section 
                shall be construed to limit the reporting of 
                information by a covered agency to the Administrator, 
                the Director of the Office of Management and Budget, or 
                Congress.
            (2) Administrator responsibilities.--The Administrator 
        shall--
                    (A) establish the deadline, on an annual basis, for 
                covered agencies to submit information under this 
                section;
                    (B) establish a list of requirements that the 
                covered agencies must meet to be considered in 
                compliance with paragraph (1);
                    (C) ensure that information relating to agency 
                progress towards meeting the Government-wide data 
                center consolidation and optimization metrics is made 
                available in a timely manner to the general public;
                    (D) review the inventories and strategies submitted 
                under paragraph (1) to determine whether they are 
                comprehensive and complete;
                    (E) monitor the implementation of the data center 
                strategy of each covered agency that is required under 
                paragraph (1)(A)(ii);
                    (F) update, on an annual basis, the cumulative cost 
                savings realized through the implementation of the 
                FDCCI; and
                    (G) establish metrics applicable to the 
                consolidation and optimization of data centers 
                Government-wide, including metrics with respect to--
                            (i) costs;
                            (ii) efficiencies, including, at a minimum, 
                        server efficiency; and
                            (iii) any other factors the Administrator 
                        considers appropriate.
            (3) Cost saving goal and updates for congress.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, the Administrator 
                shall develop, and make publicly available, a goal, 
                broken down by year, for the amount of planned cost 
                savings and optimization improvements achieved through 
                the FDCCI during the period beginning on the date of 
                the enactment of this Act and ending on the date set 
                forth in subsection (e).
                    (B) Annual update.--
                            (i) In general.--Not later than one year 
                        after the date on which the goal described in 
                        subparagraph (A) is made publicly available, 
                        and each year thereafter, the Administrator 
                        shall aggregate the reported cost savings of 
                        each covered agency and optimization 
                        improvements achieved to date through the FDCCI 
                        and compare the savings to the projected cost 
                        savings and optimization improvements developed 
                        under subparagraph (A).
                            (ii) Update for congress.--The goal 
                        required to be developed under subparagraph (A) 
                        shall be submitted to Congress and shall be 
                        accompanied by a statement describing--
                                    (I) the extent to which each 
                                covered agency has developed and 
                                submitted a comprehensive inventory 
                                under paragraph (1)(A)(i), including an 
                                analysis of the inventory that details 
                                specific numbers, use, and efficiency 
                                level of data centers in each 
                                inventory; and
                                    (II) the extent to which each 
                                covered agency has submitted a 
                                comprehensive strategy that addresses 
                                the items listed in paragraph 
                                (1)(A)(ii).
            (4) GAO review.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, and each year 
                thereafter, the Comptroller General of the United 
                States shall review and verify the quality and 
                completeness of the inventory and strategy of each 
                covered agency required under paragraph (1)(A).
                    (B) Report.--The Comptroller General of the United 
                States shall, on an annual basis, publish a report on 
                each review conducted under subparagraph (A).
    (b) Ensuring Cybersecurity Standards for Data Center Consolidation 
and Cloud Computing.--
            (1) In general.--In implementing a data center 
        consolidation and optimization strategy under this section, a 
        covered agency shall do so in a manner that is consistent with 
        Federal guidelines on cloud computing security, including--
                    (A) applicable provisions found within the Federal 
                Risk and Authorization Management Program (FedRAMP); 
                and
                    (B) guidance published by the National Institute of 
                Standards and Technology.
            (2) Rule of construction.--Nothing in this section shall be 
        construed to limit the ability of the Director of the Office of 
        Management and Budget to update or modify the Federal 
        guidelines on cloud computing security.
    (c) Waiver of Requirements.--The Director of National Intelligence 
and the Secretary of Defense, or their respective designee, may waive 
the applicability to any national security system, as defined in 
section 3552 of title 44, United States Code, of any provision of this 
section if the Director of National Intelligence or the Secretary of 
Defense, or their respective designee, determines that such waiver is 
in the interest of national security. Not later than 30 days after 
making a waiver under this subsection, the Director of National 
Intelligence or the Secretary of Defense, or their respective designee, 
shall submit to the Committee on Homeland Security and Governmental 
Affairs and the Select Committee on Intelligence of the Senate and the 
Committee on Oversight and Government Reform and the Permanent Select 
Committee on Intelligence of the House of Representatives a statement 
describing the waiver and the reasons for the waiver.
    (d) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Electronic Government 
        established under section 3602 of title 44, United States Code 
        (and also known as the Office of E-Government and Information 
        Technology), within the Office of Management and Budget.
            (2) Covered agency.--The term ``covered agency'' means the 
        following (including all associated components of the agency):
                    (A) Department of Agriculture.
                    (B) Department of Commerce.
                    (C) Department of Defense.
                    (D) Department of Education.
                    (E) Department of Energy.
                    (F) Department of Health and Human Services.
                    (G) Department of Homeland Security.
                    (H) Department of Housing and Urban Development.
                    (I) Department of the Interior.
                    (J) Department of Justice.
                    (K) Department of Labor.
                    (L) Department of State.
                    (M) Department of Transportation.
                    (N) Department of Treasury.
                    (O) Department of Veterans Affairs.
                    (P) Environmental Protection Agency.
                    (Q) General Services Administration.
                    (R) National Aeronautics and Space Administration.
                    (S) National Science Foundation.
                    (T) Nuclear Regulatory Commission.
                    (U) Office of Personnel Management.
                    (V) Small Business Administration.
                    (W) Social Security Administration.
                    (X) United States Agency for International 
                Development.
            (3) FDCCI.--The term ``FDCCI'' means the Federal Data 
        Center Consolidation Initiative described in the Office of 
        Management and Budget Memorandum on the Federal Data Center 
        Consolidation Initiative, dated February 26, 2010, or any 
        successor thereto.
            (4) Government-wide data center consolidation and 
        optimization metrics.--The term ``Government-wide data center 
        consolidation and optimization metrics'' means the metrics 
        established by the Administrator under subsection (a)(2)(G).
    (e) Sunset.--This section is repealed effective on October 1, 2020.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) The term ``fentanyl'' means an opiate analgesic that is 
        listed as a controlled substance in schedule II under section 
        202 of the Controlled Substances Act (21 U.S.C. 812).
            (2) The term ``naloxone'' means the opiate antagonist 
        naloxone, approved by the Food and Drug Administration, in any 
        approved manner of administration.
            (3) The term ``opiate'' has the meaning given such term in 
        section 102(18) of the Controlled Substances Act.
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