[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 524 Engrossed in Senate (ES)]

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114th CONGRESS
  2d Session
                                 S. 524

_______________________________________________________________________

                                 AN ACT


 
   To authorize the Attorney General to award grants to address the 
    national epidemics of 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Addiction and Recovery Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                   TITLE I--PREVENTION AND EDUCATION

Sec. 101. Development of best practices for the prescribing of 
                            prescription opioids.
Sec. 102. Awareness campaigns.
Sec. 103. Community-based coalition enhancement grants to address local 
                            drug crises.
                TITLE II--LAW ENFORCEMENT AND TREATMENT

Sec. 201. Treatment alternative to incarceration programs.
Sec. 202. First responder training for the use of drugs and devices 
                            that rapidly reverse the effects of 
                            opioids.
Sec. 203. Prescription drug take back expansion.
Sec. 204. Heroin and methamphetamine task forces.
                   TITLE III--TREATMENT AND RECOVERY

Sec. 301. Evidence-based prescription opioid and heroin treatment and 
                            interventions demonstration.
Sec. 302. Criminal justice medication assisted treatment and 
                            interventions demonstration.
Sec. 303. National youth recovery initiative.
Sec. 304. Building communities of recovery.
              TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES

Sec. 401. Correctional education demonstration grant program.
Sec. 402. National Task Force on Recovery and Collateral Consequences.
  TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND 
                                VETERANS

Sec. 501. Improving treatment for pregnant and postpartum women.
Sec. 502. Report on grants for family-based substance abuse treatment.
Sec. 503. Veterans' treatment courts.
  TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS 
                  PRESCRIPTION OPIOID AND HEROIN ABUSE

Sec. 601. State demonstration grants for comprehensive opioid abuse 
                            response.
                        TITLE VII--MISCELLANEOUS

Sec. 701. GAO report on IMD exclusion.
Sec. 702. Funding.
Sec. 703. Conforming amendments.
Sec. 704. Grant accountability.
Sec. 705. Programs to prevent prescription drug abuse under the 
                            Medicare program.
             TITLE VIII--TRANSNATIONAL DRUG TRAFFICKING ACT

Sec. 801. Short title.
Sec. 802. Possession, manufacture or distribution for purposes of 
                            unlawful importations.
Sec. 803. Trafficking in counterfeit goods or services.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The abuse of heroin and prescription opioid painkillers 
        is having a devastating effect on public health and safety in 
        communities across the United States. According to the Centers 
        for Disease Control and Prevention, drug overdose deaths now 
        surpass traffic accidents in the number of deaths caused by 
        injury in the United States. In 2014, an average of more than 
        120 people in the United States died from drug overdoses every 
        day.
            (2) According to the National Institute on Drug Abuse 
        (commonly known as ``NIDA''), the number of prescriptions for 
        opioids increased from approximately 76,000,000 in 1991 to 
        nearly 207,000,000 in 2013, and the United States is the 
        biggest consumer of opioids globally, accounting for almost 100 
        percent of the world total for hydrocodone and 81 percent for 
        oxycodone.
            (3) Opioid pain relievers are the most widely misused or 
        abused controlled prescription drugs (commonly referred to as 
        ``CPDs'') and are involved in most CPD-related overdose 
        incidents. According to the Drug Abuse Warning Network 
        (commonly known as ``DAWN''), the estimated number of emergency 
        department visits involving nonmedical use of prescription 
        opiates or opioids increased by 112 percent between 2006 and 
        2010, from 84,671 to 179,787.
            (4) The use of heroin in the United States has also spiked 
        sharply in recent years. According to the most recent National 
        Survey on Drug Use and Health, more than 900,000 people in the 
        United States reported using heroin in 2014, nearly a 35 
        percent increase from the previous year. Heroin overdose deaths 
        more than tripled from 2010 to 2014.
            (5) The supply of cheap heroin available in the United 
        States has increased dramatically as well, largely due to the 
        activity of Mexican drug trafficking organizations. The Drug 
        Enforcement Administration (commonly known as the ``DEA'') 
        estimates that heroin seizures at the Mexican border have more 
        than doubled since 2010, and heroin production in Mexico 
        increased 62 percent from 2013 to 2014. While only 8 percent of 
        State and local law enforcement officials across the United 
        States identified heroin as the greatest drug threat in their 
        area in 2008, that number rose to 38 percent in 2015.
            (6) Law enforcement officials and treatment experts 
        throughout the country report that many people who have misused 
        prescription opioids have turned to heroin as a cheaper or more 
        easily obtained alternative to prescription opioids.
            (7) According to a report by the National Association of 
        State Alcohol and Drug Abuse Directors (commonly referred to as 
        ``NASADAD''), 37 States reported an increase in admissions to 
        treatment for heroin use during the past 2 years, while 
        admissions to treatment for prescription opiates increased 500 
        percent from 2000 to 2012.
            (8) Research indicates that combating the opioid crisis, 
        including abuse of prescription painkillers and, increasingly, 
        heroin, requires a multipronged approach that involves 
        prevention, education, monitoring, law enforcement initiatives, 
        reducing drug diversion and the supply of illicit drugs, 
        expanding delivery of existing treatments (including medication 
        assisted treatments), expanding access to overdose medications 
        and interventions, and the development of new medications for 
        pain that can augment the existing treatment arsenal.
            (9) Substance use disorders are a treatable disease. 
        Discoveries in the science of addiction have led to advances in 
        the treatment of substance use disorders that help people stop 
        abusing drugs and prescription medications and resume their 
        productive lives.
            (10) According to the National Survey on Drug Use and 
        Health, approximately 22,700,000 people in the United States 
        needed substance use disorder treatment in 2013, but only 
        2,500,000 people received it. Furthermore, current treatment 
        services are not adequate to meet demand. According to a report 
        commissioned by the Substance Abuse and Mental Health Services 
        Administration (commonly known as ``SAMHSA''), there are 
        approximately 32 providers for every 1,000 individuals needing 
        substance use disorder treatment. In some States, the ratio is 
        much lower.
            (11) The overall cost of drug abuse, from health care- and 
        criminal justice-related costs to lost productivity, is steep, 
        totaling more than $700,000,000,000 a year, according to NIDA. 
        Effective substance abuse prevention can yield major economic 
        dividends.
            (12) According to NIDA, when schools and communities 
        properly implement science-validated substance abuse prevention 
        programs, abuse of alcohol, tobacco, and illicit drugs is 
        reduced. Such programs help teachers, parents, and healthcare 
        professionals shape the perceptions of youths about the risks 
        of drug abuse.
            (13) Diverting certain individuals with substance use 
        disorders from criminal justice systems into community-based 
        treatment can save billions of dollars and prevent sizeable 
        numbers of crimes, arrests, and re-incarcerations over the 
        course of those individuals' lives.
            (14) According to the DEA, more than 2,700 tons of expired, 
        unwanted prescription medications have been collected since the 
        enactment of the Secure and Responsible Drug Disposal Act of 
        2010 (Public Law 111-273; 124 Stat. 2858).
            (15) Faith-based, holistic, or drug-free models can provide 
        a critical path to successful recovery for a number of people 
        in the United States. The 2015 membership survey conducted by 
        Alcoholics Anonymous (commonly known as ``AA'') found that 73 
        percent of AA members were sober longer than 1 year and 
        attended 2.5 meetings per week.
            (16) Research shows that combining treatment medications 
        with behavioral therapy is an effective way to facilitate 
        success for some patients. Treatment approaches must be 
        tailored to address the drug abuse patterns and drug-related 
        medical, psychiatric, and social problems of each individual. 
        Different types of medications may be useful at different 
        stages of treatment or recovery to help a patient stop using 
        drugs, stay in treatment, and avoid relapse. Patients have a 
        range of options regarding their path to recovery and many have 
        also successfully addressed drug abuse through the use of 
        faith-based, holistic, or drug-free models.
            (17) Individuals with mental illness, especially severe 
        mental illness, are at considerably higher risk for substance 
        abuse than the general population, and the presence of a mental 
        illness complicates recovery from substance abuse.
            (18) Rural communities are especially susceptible to heroin 
        and opioid abuse. Individuals in rural counties have higher 
        rates of drug poisoning deaths, including deaths from opioids. 
        According to the American Journal of Public Health, ``[O]pioid 
        poisonings in nonmetropolitan counties have increased at a rate 
        greater than threefold the increase in metropolitan counties.'' 
        According to a February 19, 2016, report from the Maine Rural 
        Health Research Center, ``[M]ultiple studies document a higher 
        prevalence [of abuse] among specific vulnerable rural 
        populations, particularly among youth, women who are pregnant 
        or experiencing partner violence, and persons with co-occurring 
        disorders.''

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``first responder'' includes a firefighter, 
        law enforcement officer, paramedic, emergency medical 
        technician, or other individual (including an employee of a 
        legally organized and recognized volunteer organization, 
        whether compensated or not), who, in the course of professional 
        duties, responds to fire, medical, hazardous material, or other 
        similar emergencies;
            (2) the term ``medication assisted treatment'' means the 
        use, for problems relating to heroin and other opioids, of 
        medications approved by the Food and Drug Administration in 
        combination with counseling and behavioral therapies;
            (3) the term ``opioid'' means any drug having an addiction-
        forming or addiction-sustaining liability similar to morphine 
        or being capable of conversion into a drug having such 
        addiction-forming or addiction-sustaining liability; and
            (4) the term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any territory or possession of the United States.

                   TITLE I--PREVENTION AND EDUCATION

SEC. 101. DEVELOPMENT OF BEST PRACTICES FOR THE PRESCRIBING OF 
              PRESCRIPTION OPIOIDS.

    (a) Definitions.--In this section--
            (1) the term ``Secretary'' means the Secretary of Health 
        and Human Services; and
            (2) the term ``task force'' means the Pain Management Best 
        Practices Interagency Task Force convened under subsection (b).
    (b) Interagency Task Force.--Not later than December 14, 2018, 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 
Interagency Task Force to review, modify, and update, as appropriate, 
best practices for pain management (including chronic and acute pain) 
and prescribing pain medication.
    (c) Membership.--The task force shall be comprised of--
            (1) representatives of--
                    (A) the Department of Health and Human Services;
                    (B) the Department of Veterans Affairs;
                    (C) the Food and Drug Administration;
                    (D) the Department of Defense;
                    (E) the Drug Enforcement Administration;
                    (F) the Centers for Disease Control and Prevention;
                    (G) the National Academy of Medicine;
                    (H) the National Institutes of Health;
                    (I) the Office of National Drug Control Policy; and
                    (J) the Office of Rural Health Policy of the 
                Department of Health and Human Services;
            (2) physicians, dentists, and nonphysician prescribers;
            (3) pharmacists;
            (4) experts in the fields of pain research and addiction 
        research;
            (5) representatives of--
                    (A) pain management professional organizations;
                    (B) the mental health treatment community;
                    (C) the addiction treatment community;
                    (D) pain advocacy groups; and
                    (E) groups with expertise around overdose reversal; 
                and
            (6) other stakeholders, as the Secretary determines 
        appropriate.
    (d) Duties.--The task force shall--
            (1) not later than 180 days after the date on which the 
        task force is convened under subsection (b), review, modify, 
        and update, as appropriate, best practices for pain management 
        (including chronic and acute pain) and prescribing pain 
        medication, taking into consideration--
                    (A) existing pain management research;
                    (B) recommendations from relevant conferences and 
                existing relevant evidence-based guidelines;
                    (C) ongoing efforts at the State and local levels 
                and by medical professional organizations to develop 
                improved pain management strategies, including 
                consideration of alternatives to opioids to reduce 
                opioid monotherapy in appropriate cases;
                    (D) the management of high-risk populations, other 
                than populations who suffer pain, who--
                            (i) may use or be prescribed 
                        benzodiazepines, alcohol, and diverted opioids; 
                        or
                            (ii) receive opioids in the course of 
                        medical care; and
                    (E) the Proposed 2016 Guideline for Prescribing 
                Opioids for Chronic Pain issued by the Centers for 
                Disease Control and Prevention (80 Fed. Reg. 77351 
                (December 14, 2015)) and any final guidelines issued by 
                the Centers for Disease Control and Prevention;
            (2) solicit and take into consideration public comment on 
        the practices developed under paragraph (1), amending such best 
        practices if appropriate; and
            (3) develop a strategy for disseminating information about 
        the best practices to stakeholders, as appropriate.
    (e) Limitation.--The task force shall not have rulemaking 
authority.
    (f) Report.--Not later than 270 days after the date on which the 
task force is convened under subsection (b), the task force shall 
submit to Congress a report that includes--
            (1) the strategy for disseminating best practices for pain 
        management (including chronic and acute pain) and prescribing 
        pain medication, as reviewed, modified, or updated under 
        subsection (d); and
            (2) recommendations for effectively applying the best 
        practices described in paragraph (1) to improve prescribing 
        practices at medical facilities, including medical facilities 
        of the Veterans Health Administration.

SEC. 102. AWARENESS CAMPAIGNS.

    (a) In General.--The Secretary of Health and Human Services, in 
coordination with the Attorney General, shall advance the education and 
awareness of the public, providers, patients, consumers, and other 
appropriate entities regarding the risk of abuse of prescription opioid 
drugs if such products are not taken as prescribed, including opioid 
and methadone abuse. Such education and awareness campaigns shall 
include information on the dangers of opioid abuse, how to prevent 
opioid abuse including through safe disposal of prescription 
medications and other safety precautions, and detection of early 
warning signs of addiction.
    (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 
        required 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.

SEC. 103. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL 
              DRUG CRISES.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.) is amended by striking section 
2997 and inserting the following:

``SEC. 2997. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS 
              LOCAL DRUG CRISES.

    ``(a) Definitions.--In this section--
            ``(1) the term `Drug-Free Communities Act of 1997' means 
        chapter 2 of the National Narcotics Leadership Act of 1988 (21 
        U.S.C. 1521 et seq.);
            ``(2) the term `eligible entity' means an organization 
        that--
                    ``(A) on or before the date of submitting an 
                application for a grant under this section, receives or 
                has received a grant under the Drug-Free Communities 
                Act of 1997; and
                    ``(B) has documented, using local data, rates of 
                abuse of opioids or methamphetamines at levels that 
                are--
                            ``(i) significantly higher than the 
                        national average as determined by the Secretary 
                        (including appropriate consideration of the 
                        results of the Monitoring the Future Survey 
                        published by the National Institute on Drug 
                        Abuse and the National Survey on Drug Use and 
                        Health published by the Substance Abuse and 
                        Mental Health Services Administration); or
                            ``(ii) higher than the national average, as 
                        determined by the Secretary (including 
                        appropriate consideration of the results of the 
                        surveys described in clause (i)), over a 
                        sustained period of time;
            ``(3) the term `local drug crisis' means, with respect to 
        the area served by an eligible entity--
                    ``(A) a sudden increase in the abuse of opioids or 
                methamphetamines, as documented by local data;
                    ``(B) the abuse of prescription medications, 
                specifically opioids or methamphetamines, that is 
                significantly higher than the national average, over a 
                sustained period of time, as documented by local data; 
                or
                    ``(C) a sudden increase in opioid-related deaths, 
                as documented by local data;
            ``(4) the term `opioid' means any drug having an addiction-
        forming or addiction-sustaining liability similar to morphine 
        or being capable of conversion into a drug having such 
        addiction-forming or addiction-sustaining liability; and
            ``(5) the term `Secretary' means the Secretary of Health 
        and Human Services.
    ``(b) Program Authorized.--The Secretary, in coordination with the 
Director of the Office of National Drug Control Policy, may make grants 
to eligible entities to implement comprehensive community-wide 
strategies that address local drug crises within the area served by the 
eligible entity.
    ``(c) Application.--
            ``(1) In general.--An eligible entity seeking a grant under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and accompanied by such information 
        as the Secretary may require.
            ``(2) Criteria.--As part of an application for a grant 
        under this section, the Secretary shall require an eligible 
        entity to submit a detailed, comprehensive, multisector plan 
        for addressing the local drug crisis within the area served by 
        the eligible entity.
    ``(d) Use of Funds.--An eligible entity shall use a grant received 
under this section--
            ``(1) for programs designed to implement comprehensive 
        community-wide prevention strategies to address the local drug 
        crisis in the area served by the eligible entity, in accordance 
        with the plan submitted under subsection (c)(2); and
            ``(2) to obtain specialized training and technical 
        assistance from the organization funded under section 4 of 
        Public Law 107-82 (21 U.S.C. 1521 note).
    ``(e) Supplement Not Supplant.--An eligible entity shall use 
Federal funds received under this section only to supplement the funds 
that would, in the absence of those Federal funds, be made available 
from other Federal and non-Federal sources for the activities described 
in this section, and not to supplant those funds.
    ``(f) Evaluation.--A grant under this section shall be subject to 
the same evaluation requirements and procedures as the evaluation 
requirements and procedures imposed on the recipient of a grant under 
the Drug-Free Communities Act of 1997, and may also include an 
evaluation of the effectiveness at reducing abuse of opioids, 
methadone, or methamphetamines.
    ``(g) Limitation on Administrative Expenses.--Not more than 8 
percent of the amounts made available to carry out this section for a 
fiscal year may be used by the Secretary to pay for administrative 
expenses.''.

                TITLE II--LAW ENFORCEMENT AND TREATMENT

SEC. 201. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAMS.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        State, unit of local government, Indian tribe, or nonprofit 
        organization.
            (2) Eligible participant.--The term ``eligible 
        participant'' means an individual who--
                    (A) comes into contact with the juvenile justice 
                system or criminal justice system or is arrested or 
                charged with an offense that is not--
                            (i) a crime of violence, as defined under 
                        applicable State law or section 3156 of title 
                        18, United States Code; or
                            (ii) a serious drug offense, as defined 
                        under section 924(e)(2)(A) of title 18, United 
                        States Code;
                    (B) has been screened by a qualified mental health 
                professional and determined to suffer from a substance 
                use disorder, or co-occurring mental illness and 
                substance use disorder, that there is a reasonable 
                basis to believe is related to the commission of the 
                offense; and
                    (C) has been, after consideration of any potential 
                risk of violence to any person in the program or the 
                public if the individual were selected to participate 
                in the program, unanimously approved for participation 
                in a program funded under this section by, as 
                applicable depending on the stage of the criminal 
                justice process--
                            (i) the relevant law enforcement agency;
                            (ii) the prosecuting attorney;
                            (iii) the defense attorney;
                            (iv) the pretrial, probation, or 
                        correctional officer;
                            (v) the judge; and
                            (vi) a representative from the relevant 
                        mental health or substance abuse agency.
    (b) Program Authorized.--The Secretary of Health and Human 
Services, in coordination with the Attorney General, may make grants to 
eligible entities to--
            (1) develop, implement, or expand a treatment alternative 
        to incarceration program for eligible participants, including--
                    (A) pre-booking, including pre-arrest, treatment 
                alternative to incarceration programs, including--
                            (i) law enforcement training on substance 
                        use disorders and co-occurring mental illness 
                        and substance use disorders;
                            (ii) receiving centers as alternatives to 
                        incarceration of eligible participants;
                            (iii) specialized response units for calls 
                        related to substance use disorders and co-
                        occurring mental illness and substance use 
                        disorders; and
                            (iv) other pre-arrest or pre-booking 
                        treatment alternative to incarceration models; 
                        and
                    (B) post-booking treatment alternative to 
                incarceration programs, including--
                            (i) specialized clinical case management;
                            (ii) pretrial services related to substance 
                        use disorders and co-occurring mental illness 
                        and substance use disorders;
                            (iii) prosecutor and defender based 
                        programs;
                            (iv) specialized probation;
                            (v) programs utilizing the American Society 
                        of Addiction Medicine patient placement 
                        criteria;
                            (vi) treatment and rehabilitation programs 
                        and recovery support services; and
                            (vii) drug courts, DWI courts, and veterans 
                        treatment courts; and
            (2) facilitate or enhance planning and collaboration 
        between State criminal justice systems and State substance 
        abuse systems in order to more efficiently and effectively 
        carry out programs described in paragraph (1) that address 
        problems related to the use of heroin and misuse of 
        prescription drugs among eligible participants.
    (c) Application.--
            (1) In general.--An eligible entity seeking a grant under 
        this section shall submit an application to the Secretary of 
        Health and Human Services--
                    (A) that meets the criteria under paragraph (2); 
                and
                    (B) at such time, in such manner, and accompanied 
                by such information as the Secretary of Health and 
                Human Services may require.
            (2) Criteria.--An eligible entity, in submitting an 
        application under paragraph (1), shall--
                    (A) provide extensive evidence of collaboration 
                with State and local government agencies overseeing 
                health, community corrections, courts, prosecution, 
                substance abuse, mental health, victims services, and 
                employment services, and with local law enforcement 
                agencies;
                    (B) demonstrate consultation with the Single State 
                Authority for Substance Abuse (as defined in section 
                201(e) of the Second Chance Act of 2007 (42 U.S.C. 
                17521(e)));
                    (C) demonstrate consultation with the Single State 
                criminal justice planning agency;
                    (D) demonstrate that evidence-based treatment 
                practices, including if applicable the use of 
                medication assisted treatment, will be utilized; and
                    (E) demonstrate that evidenced-based screening and 
                assessment tools will be utilized to place participants 
                in the treatment alternative to incarceration program.
    (d) Requirements.--Each eligible entity awarded a grant for a 
treatment alternative to incarceration program under this section 
shall--
            (1) determine the terms and conditions of participation in 
        the program by eligible participants, taking into consideration 
        the collateral consequences of an arrest, prosecution, or 
        criminal conviction;
            (2) ensure that each substance abuse and mental health 
        treatment component is licensed and qualified by the relevant 
        jurisdiction;
            (3) for programs described in subsection (b)(2), organize 
        an enforcement unit comprised of appropriately trained law 
        enforcement professionals under the supervision of the State, 
        tribal, or local criminal justice agency involved, the duties 
        of which shall include--
                    (A) the verification of addresses and other 
                contacts of each eligible participant who participates 
                or desires to participate in the program; and
                    (B) if necessary, the location, apprehension, 
                arrest, and return to court of an eligible participant 
                in the program who has absconded from the facility of a 
                treatment provider or has otherwise violated the terms 
                and conditions of the program, consistent with Federal 
                and State confidentiality requirements;
            (4) notify the relevant criminal justice entity if any 
        eligible participant in the program absconds from the facility 
        of the treatment provider or otherwise violates the terms and 
        conditions of the program, consistent with Federal and State 
        confidentiality requirements;
            (5) submit periodic reports on the progress of treatment or 
        other measured outcomes from participation in the program of 
        each eligible participant in the program to the relevant State, 
        tribal, or local criminal justice agency;
            (6) describe the evidence-based methodology and outcome 
        measurements that will be used to evaluate the program, and 
        specifically explain how such measurements will provide valid 
        measures of the impact of the program; and
            (7) describe how the program could be broadly replicated if 
        demonstrated to be effective.
    (e) Use of Funds.--An eligible entity shall use a grant received 
under this section for expenses of a treatment alternative to 
incarceration program, including--
            (1) salaries, personnel costs, equipment costs, and other 
        costs directly related to the operation of the program, 
        including the enforcement unit;
            (2) payments for treatment providers that are approved by 
        the relevant State or tribal jurisdiction and licensed, if 
        necessary, to provide needed treatment to eligible participants 
        in the program, including medication assisted treatment, 
        aftercare supervision, vocational training, education, and job 
        placement;
            (3) payments to public and nonprofit private entities that 
        are approved by the State or tribal jurisdiction and licensed, 
        if necessary, to provide alcohol and drug addiction treatment 
        and mental health treatment to eligible participants in the 
        program; and
            (4) salaries, personnel costs, and other costs related to 
        strategic planning among State and local government agencies.
    (f) Supplement Not Supplant.--An eligible entity shall use Federal 
funds received under this section only to supplement the funds that 
would, in the absence of those Federal funds, be made available from 
other Federal and non-Federal sources for the activities described in 
this section, and not to supplant those funds.
    (g) Geographic Distribution.--The Secretary of Health and Human 
Services shall ensure that, to the extent practicable, the geographical 
distribution of grants under this section is equitable and includes a 
grant to an eligible entity in--
            (1) each State;
            (2) rural, suburban, and urban areas; and
            (3) tribal jurisdictions.
    (h) Priority Consideration With Respect to States.--In awarding 
grants to States under this section, the Secretary of Health and Human 
Services shall give priority to--
            (1) a State that submits a joint application from the 
        substance abuse agencies and criminal justice agencies of the 
        State that proposes to use grant funds to facilitate or enhance 
        planning and collaboration between the agencies, including 
        coordination to better address the needs of incarcerated 
        populations; and
            (2) a State that--
                    (A) provides civil liability protection for first 
                responders, health professionals, and family members 
                who have received appropriate training in the 
                administration of naloxone in administering naloxone to 
                counteract opioid overdoses; and
                    (B) submits to the Secretary 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, 
                        health care professionals, family members, and 
                        other individuals who--
                                    (I) have received appropriate 
                                training in the administration of 
                                naloxone; and
                                    (II) may administer naloxone 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.
    (i) Reports and Evaluations.--
            (1) In general.--Each fiscal year, each recipient of a 
        grant under this section during that fiscal year shall submit 
        to the Secretary of Health and Human Services a report on the 
        outcomes of activities carried out using that grant in such 
        form, containing such information, and on such dates as the 
        Secretary of Health and Human Services shall specify.
            (2) Contents.--A report submitted under paragraph (1) 
        shall--
                    (A) describe best practices for treatment 
                alternatives; and
                    (B) identify training requirements for law 
                enforcement officers who participate in treatment 
                alternative to incarceration programs.
    (j) Funding.--During the 5-year period beginning on the date of 
enactment of this Act, the Secretary of Health and Human Services may 
carry out this section using not more than $5,000,000 each fiscal year 
of amounts appropriated to the Substance Abuse and Mental Health 
Services Administration for Criminal Justice Activities. No additional 
funds are authorized to be appropriated to carry out this section.

SEC. 202. FIRST RESPONDER TRAINING FOR THE USE OF DRUGS AND DEVICES 
              THAT RAPIDLY REVERSE THE EFFECTS OF OPIOIDS.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 103, is 
amended by adding at the end the following:

``SEC. 2998. FIRST RESPONDER TRAINING FOR THE USE OF DRUGS AND DEVICES 
              THAT RAPIDLY REVERSE THE EFFECTS OF OPIOIDS.

    ``(a) Definition.--In this section--
            ``(1) the terms `drug' and `device' have the meanings given 
        those terms in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321);
            ``(2) the term `eligible entity' means a State, a unit of 
        local government, or an Indian tribal government;
            ``(3) the term `first responder' includes a firefighter, 
        law enforcement officer, paramedic, emergency medical 
        technician, or other individual (including an employee of a 
        legally organized and recognized volunteer organization, 
        whether compensated or not), who, in the course of professional 
        duties, responds to fire, medical, hazardous material, or other 
        similar emergencies;
            ``(4) the term `opioid' means any drug having an addiction-
        forming or addiction-sustaining liability similar to morphine 
        or being capable of conversion into a drug having such 
        addiction-forming or addiction-sustaining liability; and
            ``(5) the term `Secretary' means the Secretary of Health 
        and Human Services.
    ``(b) Program Authorized.--The Secretary, in coordination with the 
Attorney General, may make grants to eligible entities to allow 
appropriately trained first responders to administer an opioid overdose 
reversal drug to an individual who has--
            ``(1) experienced a prescription opioid or heroin overdose; 
        or
            ``(2) been determined to have likely experienced a 
        prescription opioid or heroin overdose.
    ``(c) Application.--
            ``(1) In general.--An eligible entity seeking a grant under 
        this section shall submit an application to the Secretary--
                    ``(A) that meets the criteria under paragraph (2); 
                and
                    ``(B) at such time, in such manner, and accompanied 
                by such information as the Secretary may require.
            ``(2) Criteria.--An eligible entity, in submitting an 
        application under paragraph (1), shall--
                    ``(A) describe the evidence-based methodology and 
                outcome measurements 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;
                    ``(B) describe how the program could be broadly 
                replicated if demonstrated to be effective;
                    ``(C) identify the governmental and community 
                agencies that the program will coordinate; and
                    ``(D) describe how law enforcement agencies will 
                coordinate with their corresponding State substance 
                abuse and mental health agencies to identify protocols 
                and resources that are available to overdose victims 
                and families, including information on treatment and 
                recovery resources.
    ``(d) Use of Funds.--An eligible entity shall use a grant received 
under this section to--
            ``(1) make such opioid overdose reversal drugs or devices 
        that are approved by the Food and Drug Administration, such as 
        naloxone, available to be carried and administered by first 
        responders;
            ``(2) train and provide resources for first responders on 
        carrying an opioid overdose reversal drug or device approved by 
        the Food and Drug Administration, such as naloxone, and 
        administering the drug or device to an individual who has 
        experienced, or has been determined to have likely experienced, 
        a prescription opioid or heroin overdose; and
            ``(3) establish processes, protocols, and mechanisms for 
        referral to appropriate treatment, which may include an 
        outreach coordinator or team to connect individuals receiving 
        opioid overdose reversal drugs to follow-up services.
    ``(e) Technical Assistance Grants.--The Secretary shall make a 
grant for the purpose of providing technical assistance and training on 
the use of an opioid overdose reversal drug, such as naloxone, to 
respond to an individual who has experienced, or has been determined to 
have likely experienced, a prescription opioid or heroin overdose, and 
mechanisms for referral to appropriate treatment for an eligible entity 
receiving a grant under this section.
    ``(f) Evaluation.--The Secretary shall conduct an evaluation of 
grants made under this section to determine--
            ``(1) the number of first responders equipped with 
        naloxone, or another opioid overdose reversal drug, for the 
        prevention of fatal opioid and heroin overdose;
            ``(2) the number of opioid and heroin overdoses reversed by 
        first responders receiving training and supplies of naloxone, 
        or another opioid overdose reversal drug, through a grant 
        received under this section;
            ``(3) the number of calls for service related to opioid and 
        heroin overdose;
            ``(4) the extent to which overdose victims and families 
        receive information about treatment services and available data 
        describing treatment admissions; and
            ``(5) the research, training, and naloxone, or another 
        opioid overdose reversal drug, supply needs of first responder 
        agencies, including those agencies that are not receiving 
        grants under this section.
    ``(g) Rural Areas With Limited Access to Emergency Medical 
Services.--In making grants under this section, the Secretary shall 
ensure that not less than 25 percent of grant funds are awarded to 
eligible entities that are not located in metropolitan statistical 
areas, as defined by the Office of Management and Budget.''.

SEC. 203. PRESCRIPTION DRUG TAKE BACK EXPANSION.

    (a) Definition of Covered Entity.--In this section, the term 
``covered entity'' means--
            (1) a State, local, or tribal law enforcement agency;
            (2) a manufacturer, distributor, or reverse distributor of 
        prescription medications;
            (3) a retail pharmacy;
            (4) a registered narcotic treatment program;
            (5) a hospital or clinic with an onsite pharmacy;
            (6) an eligible long-term care facility; or
            (7) any other entity authorized by the Drug Enforcement 
        Administration to dispose of prescription medications.
    (b) Program Authorized.--The Attorney General, in coordination with 
the Administrator of the Drug Enforcement Administration, the Secretary 
of Health and Human Services, and the Director of the Office of 
National Drug Control Policy, shall coordinate with covered entities in 
expanding or making available disposal sites for unwanted prescription 
medications.

SEC. 204. HEROIN AND METHAMPHETAMINE TASK FORCES.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 202, is 
amended by adding at the end the following:

``SEC. 2999. HEROIN AND METHAMPHETAMINE TASK FORCES.

    ``(a) Definition of Opioid.--In this section, the term `opioid' 
means any drug having an addiction-forming or addiction-sustaining 
liability similar to morphine or being capable of conversion into a 
drug having such addiction-forming or addiction-sustaining liability.
    ``(b) Authority.--The Attorney General may make grants to State law 
enforcement agencies for investigative purposes--
            ``(1) to locate or investigate illicit activities through 
        statewide collaboration, including activities related to--
                    ``(A) the distribution of heroin or fentanyl, or 
                the unlawful distribution of prescription opioids; or
                    ``(B) unlawful heroin, fentanyl, and prescription 
                opioid traffickers; and
            ``(2) to locate or investigate illicit activities, 
        including precursor diversion, laboratories, or methamphetamine 
        traffickers.''.

                   TITLE III--TREATMENT AND RECOVERY

SEC. 301. EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN TREATMENT AND 
              INTERVENTIONS DEMONSTRATION.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 204, is 
amended by adding at the end the following:

``SEC. 2999A. EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN TREATMENT 
              AND INTERVENTIONS DEMONSTRATION.

    ``(a) Definitions.--In this section--
            ``(1) the terms `Indian tribe' and `tribal organization' 
        have the meaning given those terms in section 4 of the Indian 
        Health Care Improvement Act (25 U.S.C. 1603));
            ``(2) the term `medication assisted treatment' means the 
        use, for problems relating to heroin and other opioids, of 
        medications approved by the Food and Drug Administration in 
        combination with counseling and behavioral therapies;
            ``(3) the term `opioid' means any drug having an addiction-
        forming or addiction-sustaining liability similar to morphine 
        or being capable of conversion into a drug having such 
        addiction-forming or addiction-sustaining liability;
            ``(4) the term `Secretary' means the Secretary of Health 
        and Human Services; and
            ``(5) the term `State substance abuse agency' means the 
        agency of a State responsible for the State prevention, 
        treatment, and recovery system, including management of the 
        Substance Abuse Prevention and Treatment Block Grant under 
        subpart II of part B of title XIX of the Public Health Service 
        Act (42 U.S.C. 300x-21 et seq.).
    ``(b) Grants.--
            ``(1) Authority to make grants.--The Secretary, acting 
        through the Director of the Center for Substance Abuse 
        Treatment of the Substance Abuse and Mental Health Services 
        Administration, and in coordination with the Attorney General 
        and other departments or agencies, as appropriate, may award 
        grants to State substance abuse agencies, units of local 
        government, nonprofit organizations, and Indian tribes or 
        tribal organizations that have a high rate, or have had a rapid 
        increase, in the use of heroin or other opioids, in order to 
        permit such entities to expand activities, including an 
        expansion in the availability of medication assisted treatment 
        and other clinically appropriate services, with respect to the 
        treatment of addiction in the specific geographical areas of 
        such entities where there is a high rate or rapid increase in 
        the use of heroin or other opioids.
            ``(2) Nature of activities.--The grant funds awarded under 
        paragraph (1) shall be used for activities that are based on 
        reliable scientific evidence of efficacy in the treatment of 
        problems related to heroin or other opioids.
    ``(c) Geographic Distribution.--The Secretary shall ensure that 
grants awarded under subsection (b) are distributed equitably among the 
various regions of the United States and among rural, urban, and 
suburban areas that are affected by the use of heroin or other opioids.
    ``(d) Additional Activities.--In administering grants under 
subsection (b), the Secretary shall--
            ``(1) evaluate the activities supported by grants awarded 
        under subsection (b);
            ``(2) disseminate information, as appropriate, derived from 
        the evaluation as the Secretary considers appropriate;
            ``(3) provide States, Indian tribes and tribal 
        organizations, and providers with technical assistance in 
        connection with the provision of treatment of problems related 
        to heroin and other opioids; and
            ``(4) fund only those applications that specifically 
        support recovery services as a critical component of the grant 
        program.''.

SEC. 302. CRIMINAL JUSTICE MEDICATION ASSISTED TREATMENT AND 
              INTERVENTIONS DEMONSTRATION.

    (a) Definitions.--In this section--
            (1) the term ``criminal justice agency'' means a State, 
        local, or tribal--
                    (A) court;
                    (B) prison;
                    (C) jail; or
                    (D) other agency that performs the administration 
                of criminal justice, including prosecution, pretrial 
                services, and community supervision;
            (2) the term ``eligible entity'' means a State, unit of 
        local government, or Indian tribe; and
            (3) the term ``Secretary'' means the Secretary of Health 
        and Human Services.
    (b) Program Authorized.--The Secretary, in coordination with the 
Attorney General, may make grants to eligible entities to implement 
medication assisted treatment programs through criminal justice 
agencies.
    (c) Application.--
            (1) In general.--An eligible entity seeking a grant under 
        this section shall submit an application to the Secretary--
                    (A) that meets the criteria under paragraph (2); 
                and
                    (B) at such time, in such manner, and accompanied 
                by such information as the Secretary may require.
            (2) Criteria.--An eligible entity, in submitting an 
        application under paragraph (1), shall--
                    (A) certify that each medication assisted treatment 
                program funded with a grant under this section has been 
                developed in consultation with the Single State 
                Authority for Substance Abuse (as defined in section 
                201(e) of the Second Chance Act of 2007 (42 U.S.C. 
                17521(e))); and
                    (B) describe how data will be collected and 
                analyzed to determine the effectiveness of the program 
                described in subparagraph (A).
    (d) Use of Funds.--An eligible entity shall use a grant received 
under this section for expenses of--
            (1) a medication assisted treatment program, including the 
        expenses of prescribing medications recognized by the Food and 
        Drug Administration for opioid treatment in conjunction with 
        psychological and behavioral therapy;
            (2) training criminal justice agency personnel and 
        treatment providers on medication assisted treatment;
            (3) cross-training personnel providing behavioral health 
        and health services, administration of medicines, and other 
        administrative expenses, including required reports; and
            (4) the provision of recovery coaches who are responsible 
        for providing mentorship and transition plans to individuals 
        reentering society following incarceration or alternatives to 
        incarceration.
    (e) Priority Consideration With Respect to States.--In awarding 
grants to States under this section, the Secretary shall give priority 
to a State that--
            (1) provides civil liability protection for first 
        responders, health professionals, and family members who have 
        received appropriate training in the administration of naloxone 
        in administering naloxone to counteract opioid overdoses; and
            (2) submits to the Secretary a certification by the 
        attorney general of the State that the attorney general has--
                    (A) reviewed any applicable civil liability 
                protection law to determine the applicability of the 
                law with respect to first responders, health care 
                professionals, family members, and other individuals 
                who--
                            (i) have received appropriate training in 
                        the administration of naloxone; and
                            (ii) may administer naloxone to individuals 
                        reasonably believed to be suffering from opioid 
                        overdose; and
                    (B) concluded that the law described in 
                subparagraph (A) provides adequate civil liability 
                protection applicable to such persons.
    (f) Technical Assistance.--The Secretary, in coordination with the 
Director of the National Institute on Drug Abuse and the Attorney 
General, shall provide technical assistance and training for an 
eligible entity receiving a grant under this section.
    (g) Reports.--
            (1) In general.--An eligible entity receiving a grant under 
        this section shall submit a report to the Secretary on the 
        outcomes of each grant received under this section for 
        individuals receiving medication assisted treatment, based on--
                    (A) the recidivism of the individuals;
                    (B) the treatment outcomes of the individuals, 
                including maintaining abstinence from illegal, 
                unauthorized, and unprescribed or undispensed opioids 
                and heroin;
                    (C) a comparison of the cost of providing 
                medication assisted treatment to the cost of 
                incarceration or other participation in the criminal 
                justice system;
                    (D) the housing status of the individuals; and
                    (E) the employment status of the individuals.
            (2) Contents and timing.--Each report described in 
        paragraph (1) shall be submitted annually in such form, 
        containing such information, and on such dates as the Secretary 
        shall specify.
    (h) Funding.--During the 5-year period beginning on the date of 
enactment of this Act, the Secretary may carry out this section using 
not more than $5,000,000 each fiscal year of amounts appropriated to 
the Substance Abuse and Mental Health Services Administration for 
Criminal Justice Activities. No additional funds are authorized to be 
appropriated to carry out this section.

SEC. 303. NATIONAL YOUTH RECOVERY INITIATIVE.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 301, is 
amended by adding at the end the following:

``SEC. 2999B. NATIONAL YOUTH RECOVERY INITIATIVE.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a high school that has been accredited as a 
                recovery high school by the Association of Recovery 
                Schools;
                    ``(B) an accredited high school that is seeking to 
                establish or expand recovery support services;
                    ``(C) an institution of higher education;
                    ``(D) a recovery program at a nonprofit collegiate 
                institution; or
                    ``(E) a nonprofit organization.
            ``(2) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(3) Recovery program.--The term `recovery program'--
                    ``(A) means a program to help individuals who are 
                recovering from substance use disorders to initiate, 
                stabilize, and maintain healthy and productive lives in 
                the community; and
                    ``(B) includes peer-to-peer support and communal 
                activities to build recovery skills and supportive 
                social networks.
    ``(b) Grants Authorized.--The Secretary of Health and Human 
Services, in coordination with the Secretary of Education, may award 
grants to eligible entities to enable the entities to--
            ``(1) provide substance use disorder recovery support 
        services to young people in high school and enrolled in 
        institutions of higher education;
            ``(2) help build communities of support for young people in 
        recovery through a spectrum of activities such as counseling 
        and health- and wellness-oriented social activities; and
            ``(3) encourage initiatives designed to help young people 
        achieve and sustain recovery from substance use disorders.
    ``(c) Use of Funds.--Grants awarded under subsection (b) may be 
used for activities to develop, support, and maintain youth recovery 
support services, including--
            ``(1) the development and maintenance of a dedicated 
        physical space for recovery programs;
            ``(2) dedicated staff for the provision of recovery 
        programs;
            ``(3) health- and wellness-oriented social activities and 
        community engagement;
            ``(4) establishment of recovery high schools;
            ``(5) coordination of recovery programs with--
                    ``(A) substance use disorder treatment programs and 
                systems;
                    ``(B) providers of mental health services;
                    ``(C) primary care providers and physicians;
                    ``(D) the criminal justice system, including the 
                juvenile justice system;
                    ``(E) employers;
                    ``(F) housing services;
                    ``(G) child welfare services;
                    ``(H) high schools and institutions of higher 
                education; and
                    ``(I) other programs or services related to the 
                welfare of an individual in recovery from a substance 
                use disorder;
            ``(6) the development of peer-to-peer support programs or 
        services; and
            ``(7) additional activities that help youths and young 
        adults to achieve recovery from substance use disorders.''.

SEC. 304. BUILDING COMMUNITIES OF RECOVERY.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 303, is 
amended by adding at the end the following:

``SEC. 2999C. BUILDING COMMUNITIES OF RECOVERY.

    ``(a) Definition.--In this section, the term `recovery community 
organization' means an independent nonprofit organization that--
            ``(1) mobilizes resources within and outside of the 
        recovery community to increase the prevalence and quality of 
        long-term recovery from substance use disorders; and
            ``(2) is wholly or principally governed by people in 
        recovery for substance use disorders who reflect the community 
        served.
    ``(b) Grants Authorized.--The Secretary of Health and Human 
Services may award grants to recovery community organizations to enable 
such organizations to develop, expand, and enhance recovery services.
    ``(c) Federal Share.--The Federal share of the costs of a program 
funded by a grant under this section may not exceed 50 percent.
    ``(d) Use of Funds.--Grants awarded under subsection (b)--
            ``(1) shall be used to develop, expand, and enhance 
        community and statewide recovery support services; and
            ``(2) may be used to--
                    ``(A) advocate for individuals in recovery from 
                substance use disorders;
                    ``(B) build connections between recovery networks, 
                between recovery community organizations, and with 
                other recovery support services, including--
                            ``(i) substance use disorder treatment 
                        programs and systems;
                            ``(ii) providers of mental health services;
                            ``(iii) primary care providers and 
                        physicians;
                            ``(iv) the criminal justice system;
                            ``(v) employers;
                            ``(vi) housing services;
                            ``(vii) child welfare agencies; and
                            ``(viii) other recovery support services 
                        that facilitate recovery from substance use 
                        disorders;
                    ``(C) reduce the stigma associated with substance 
                use disorders;
                    ``(D) conduct public education and outreach on 
                issues relating to substance use disorders and 
                recovery, including--
                            ``(i) how to identify the signs of 
                        addiction;
                            ``(ii) the resources that are available to 
                        individuals struggling with addiction and 
                        families who have a family member struggling 
                        with or being treated for addiction, including 
                        programs that mentor and provide support 
                        services to children;
                            ``(iii) the resources that are available to 
                        help support individuals in recovery; and
                            ``(iv) information on the medical 
                        consequences of substance use disorders, 
                        including neonatal abstinence syndrome and 
                        potential infection with human immunodeficiency 
                        virus and viral hepatitis; and
                    ``(E) carry out other activities that strengthen 
                the network of community support for individuals in 
                recovery.''.

              TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES

SEC. 401. CORRECTIONAL EDUCATION DEMONSTRATION GRANT PROGRAM.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 304, is 
amended by adding at the end the following:

``SEC. 2999D. CORRECTIONAL EDUCATION DEMONSTRATION GRANT PROGRAM.

    ``(a) Definition.--In this section, the term `eligible entity' 
means a State, unit of local government, nonprofit organization, or 
Indian tribe.
    ``(b) Grant Program Authorized.--The Attorney General may make 
grants to eligible entities to design, implement, and expand 
educational programs for offenders in prisons, jails, and juvenile 
facilities, including to pay for--
            ``(1) basic education, secondary level academic education, 
        high school equivalency examination preparation, career 
        technical education, and English language learner instruction 
        at the basic, secondary, or post-secondary levels, for adult 
        and juvenile populations;
            ``(2) screening and assessment of inmates to assess 
        education level and needs, occupational interest or aptitude, 
        risk level, and other needs, and case management services;
            ``(3) hiring and training of instructors and aides, 
        reimbursement of non-corrections staff and experts, 
        reimbursement of stipends paid to inmate tutors or aides, and 
        the costs of training inmate tutors and aides;
            ``(4) instructional supplies and equipment, including 
        occupational program supplies and equipment to the extent that 
        the supplies and equipment are used for instructional purposes;
            ``(5) partnerships and agreements with community colleges, 
        universities, and career technology education program 
        providers;
            ``(6) certification programs providing recognized high 
        school equivalency certificates and industry recognized 
        credentials; and
            ``(7) technology solutions to--
                    ``(A) meet the instructional, assessment, and 
                information needs of correctional populations; and
                    ``(B) facilitate the continued participation of 
                incarcerated students in community-based education 
                programs after the students are released from 
                incarceration.
    ``(c) Application.--An eligible entity seeking a grant under this 
section shall submit to the Attorney General an application in such 
form and manner, at such time, and accompanied by such information as 
the Attorney General specifies.
    ``(d) Priority Considerations.--In awarding grants under this 
section, the Attorney General shall give priority to applicants that--
            ``(1) assess the level of risk and need of inmates, 
        including by--
                    ``(A) assessing the need for English language 
                learner instruction;
                    ``(B) conducting educational assessments; and
                    ``(C) assessing occupational interests and 
                aptitudes;
            ``(2) target educational services to assessed needs, 
        including academic and occupational at the basic, secondary, or 
        post-secondary level;
            ``(3) target career and technology education programs to--
                    ``(A) areas of identified occupational demand; and
                    ``(B) employment opportunities in the communities 
                in which students are reasonably expected to reside 
                post-release;
            ``(4) include a range of appropriate educational 
        opportunities at the basic, secondary, and post-secondary 
        levels;
            ``(5) include opportunities for students to attain industry 
        recognized credentials;
            ``(6) include partnership or articulation agreements 
        linking institutional education programs with community sited 
        programs provided by adult education program providers and 
        accredited institutions of higher education, community 
        colleges, and vocational training institutions; and
            ``(7) explicitly include career pathways models offering 
        opportunities for incarcerated students to develop academic 
        skills, in-demand occupational skills and credentials, 
        occupational experience in institutional work programs or work 
        release programs, and linkages with employers in the community, 
        so that incarcerated students have opportunities to embark on 
        careers with strong prospects for both post-release employment 
        and advancement in a career ladder over time.
    ``(e) Requirements.--An eligible entity seeking a grant under this 
section shall--
            ``(1) describe the evidence-based methodology and outcome 
        measurements that will be used to evaluate each program funded 
        with a grant under this section, and specifically explain how 
        such measurements will provide valid measures of the impact of 
        the program; and
            ``(2) describe how each program described in paragraph (1) 
        could be broadly replicated if demonstrated to be effective.
    ``(f) Control of Internet Access.--An entity that receives a grant 
under this section may restrict access to the Internet by prisoners, as 
appropriate and in accordance with Federal and State law, to ensure 
public safety.''.

SEC. 402. NATIONAL TASK FORCE ON RECOVERY AND COLLATERAL CONSEQUENCES.

    (a) Definition.--In this section, the term ``collateral 
consequence'' means a penalty, disability, or disadvantage imposed on 
an individual who is in recovery for a substance use disorder 
(including by an administrative agency, official, or civil court ) as a 
result of a Federal or State conviction for a drug-related offense but 
not as part of the judgment of the court that imposes the conviction.
    (b) Establishment.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Attorney General shall establish a 
        bipartisan task force to be known as the Task Force on Recovery 
        and Collateral Consequences (in this section referred to as the 
        ``Task Force'').
            (2) Membership.--
                    (A) Total number of members.--The Task Force shall 
                include 10 members, who shall be appointed by the 
                Attorney General in accordance with subparagraphs (B) 
                and (C).
                    (B) Members of the task force.--The Task Force 
                shall include--
                            (i) members who have national recognition 
                        and significant expertise in areas such as 
                        health care, housing, employment, substance use 
                        disorders, mental health, law enforcement, and 
                        law;
                            (ii) not fewer than 2 members--
                                    (I) who have personally experienced 
                                a substance abuse disorder or addiction 
                                and are in recovery; and
                                    (II) not fewer than 1 of whom has 
                                benefitted from medication assisted 
                                treatment; and
                            (iii) to the extent practicable, members 
                        who formerly served as elected officials at the 
                        State and Federal levels.
                    (C) Timing.--The Attorney General shall appoint the 
                members of the Task Force not later than 60 days after 
                the date on which the Task Force is established under 
                paragraph (1).
            (3) Chairperson.--The Task Force shall select a chairperson 
        or co-chairpersons from among the members of the Task Force.
    (c) Duties of the Task Force.--
            (1) In general.--The Task Force shall--
                    (A) identify collateral consequences for 
                individuals with Federal or State convictions for drug-
                related offenses who are in recovery for substance use 
                disorder; and
                    (B) examine any policy basis for the imposition of 
                collateral consequences identified under subparagraph 
                (A) and the effect of the collateral consequences on 
                individuals in recovery in resuming their personal and 
                professional activities.
            (2) Recommendations.--Not later than 180 days after the 
        date of the first meeting of the Task Force, the Task Force 
        shall develop recommendations, as it considers appropriate, for 
        proposed legislative and regulatory changes related to the 
        collateral consequences identified under paragraph (1).
            (3) Collection of information.--The Task Force shall hold 
        hearings, require the testimony and attendance of witnesses, 
        and secure information from any department or agency of the 
        United States in performing the duties under paragraphs (1) and 
        (2).
            (4) Report.--
                    (A) Submission to executive branch.--Not later than 
                1 year after the date of the first meeting of the Task 
                Force, the Task Force shall submit a report detailing 
                the findings and recommendations of the Task Force to--
                            (i) the head of each relevant department or 
                        agency of the United States;
                            (ii) the President; and
                            (iii) the Vice President.
                    (B) Submission to congress.--The individuals who 
                receive the report under subparagraph (A) shall submit 
                to Congress such legislative recommendations, if any, 
                as those individuals consider appropriate based on the 
                report.

  TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND 
                                VETERANS

SEC. 501. IMPROVING TREATMENT FOR PREGNANT AND POSTPARTUM WOMEN.

    (a) In General.--Section 508 of the Public Health Service Act (42 
U.S.C. 290bb-1) is amended--
            (1) in subsection (a), by inserting ``(referred to in this 
        section as the `Director')'' after ``Director of the Center for 
        Substance Abuse Treatment''; and
            (2) in subsection (p), in the first sentence--
                    (A) by striking ``Committee on Labor and Human 
                Resources'' and inserting ``Committee on Health, 
                Education, Labor, and Pensions''; and
                    (B) by inserting ``(other than subsection (r))'' 
                after ``this section''.
    (b) Pilot Program Grants for State Substance Abuse Agencies.--
Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is 
amended--
            (1) by striking subsection (r); and
            (2) by inserting after subsection (q) the following:
    ``(r) Pilot Program for State Substance Abuse Agencies.--
            ``(1) In general.--The Director shall carry out a pilot 
        program under which the Director makes competitive grants to 
        State substance abuse agencies to--
                    ``(A) enhance flexibility in the use of funds 
                designed to support family-based services for pregnant 
                and postpartum women with a primary diagnosis of a 
                substance use disorder, including opioid use disorders;
                    ``(B) help State substance abuse agencies address 
                identified gaps in services furnished to such women 
                along the continuum of care, including services 
                provided to women in non-residential based settings; 
                and
                    ``(C) promote a coordinated, effective, and 
                efficient State system managed by State substance abuse 
                agencies by encouraging new approaches and models of 
                service delivery that are evidence-based, including 
                effective family-based programs for women involved with 
                the criminal justice system.
            ``(2) Requirements.--In carrying out the pilot program 
        under this subsection, the Director--
                    ``(A) shall require State substance abuse agencies 
                to submit to the Director applications, in such form 
                and manner and containing such information as specified 
                by the Director, to be eligible to receive a grant 
                under the program;
                    ``(B) shall identify, based on such submitted 
                applications, State substance abuse agencies that are 
                eligible for such grants;
                    ``(C) shall require services proposed to be 
                furnished through such a grant to support family-based 
                treatment and other services for pregnant and 
                postpartum women with a primary diagnosis of a 
                substance use disorder, including opioid use disorders;
                    ``(D) notwithstanding subsection (a)(1), shall not 
                require that services furnished through such a grant be 
                provided solely to women that reside in facilities; and
                    ``(E) shall not require that grant recipients under 
                the program make available all services described in 
                subsection (d).
            ``(3) Required services.--
                    ``(A) In general.--The Director shall specify 
                minimum services required to be made available to 
                eligible women through a grant awarded under the pilot 
                program under this subsection. Such minimum services--
                            ``(i) shall include the requirements 
                        described in subsection (c);
                            ``(ii) may include any of the services 
                        described in subsection (d);
                            ``(iii) may include other services, as 
                        appropriate; and
                            ``(iv) shall be based on the 
                        recommendations submitted under subparagraph 
                        (B)
                    ``(B) Stakeholder input.--The Director shall 
                convene and solicit recommendations from stakeholders, 
                including State substance abuse agencies, health care 
                providers, persons in recovery from a substance use 
                disorder, and other appropriate individuals, for the 
                minimum services described in subparagraph (A).
            ``(4) Duration.--The pilot program under this subsection 
        shall not exceed 5 years.
            ``(5) Evaluation and report to congress.--
                    ``(A) In general.--Out of amounts made available to 
                the Center for Behavioral Health Statistics and 
                Quality, the Director of the Center for Behavioral 
                Health Statistics and Quality, in cooperation with the 
                recipients of grants under this subsection, shall 
                conduct an evaluation of the pilot program under this 
                subsection, beginning 1 year after the date on which a 
                grant is first awarded under this subsection. The 
                Director of the Center for Behavioral Health Statistics 
                and Quality, in coordination with the Director of the 
                Center for Substance Abuse Treatment, not later than 
                120 days after completion of such evaluation, shall 
                submit to the relevant Committees of the Senate and the 
                House of Representatives a report on such evaluation.
                    ``(B) Contents.--The report to Congress under 
                subparagraph (A) shall include, at a minimum, outcomes 
                information from the pilot program, including any 
                resulting reductions in the use of alcohol and other 
                drugs, engagement in treatment services, retention in 
                the appropriate level and duration of services, 
                increased access to the use of drugs approved by the 
                Food and Drug Administration for the treatment of 
                substance use disorders in combination with counseling, 
                and other appropriate measures.
            ``(6) Definition of state substance abuse agency.--For 
        purposes of this subsection, the term `State substance abuse 
        agency' means, with respect to a State, the agency in such 
        State that manages the substance abuse prevention and treatment 
        block grant program under part B of title XIX.
    ``(s) Funding.--
            ``(1) In general.--For the purpose of carrying out this 
        section, there are authorized to be appropriated $15,900,000 
        for each of fiscal years 2016 through 2020.
            ``(2) Limitation.--Of the amounts made available under 
        paragraph (1) to carry out this section, not more than 25 
        percent may be used each fiscal year to carry out subsection 
        (r).''.

SEC. 502. REPORT ON GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT.

    Section 2925 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797s-4) is amended--
            (1) by striking ``An entity'' and inserting ``(a) Entity 
        Reports.--An entity''; and
            (2) by adding at the end the following:
    ``(b) Attorney General Report on Family-Based Substance Abuse 
Treatment.--The Attorney General shall submit to Congress an annual 
report that describes the number of grants awarded under section 
2921(1) and how such grants are used by the recipients for family-based 
substance abuse treatment programs that serve as alternatives to 
incarceration for custodial parents to receive treatment and services 
as a family.''.

SEC. 503. VETERANS' TREATMENT COURTS.

    Section 2991(j)(1)(B)(ii) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3797aa(j)(1)(B)(ii)), as 
amended by the Comprehensive Justice and Mental Health Act of 2015 (S. 
993, 114th Congress), is amended--
            (1) by inserting ``(I)'' after ``(ii)'';
            (2) in subclause (I), as so designated, by striking the 
        period and inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(II) was discharged or released from such 
                        service under dishonorable conditions, if the 
                        reason for that discharge or release, if known, 
                        is attributable to a substance use disorder.''.

  TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS 
                  PRESCRIPTION OPIOID AND HEROIN ABUSE

SEC. 601. STATE DEMONSTRATION GRANTS FOR COMPREHENSIVE OPIOID ABUSE 
              RESPONSE.

    (a) Definitions.--In this section--
            (1) the term ``dispenser'' has the meaning given the term 
        in section 102 of the Controlled Substances Act (21 U.S.C. 
        802);
            (2) the term ``prescriber'' means a dispenser who 
        prescribes a controlled substance, or the agent of such a 
        dispenser;
            (3) the term ``prescriber of a schedule II, III, or IV 
        controlled substance'' does not include a prescriber of a 
        schedule II, III, or IV controlled substance that dispenses the 
        substance--
                    (A) for use on the premises on which the substance 
                is dispensed;
                    (B) in a hospital emergency room, when the 
                substance is in short supply;
                    (C) for a certified opioid treatment program; or
                    (D) in other situations as the Attorney General may 
                reasonably determine; and
            (4) the term ``schedule II, III, or IV controlled 
        substance'' means a controlled substance that is listed on 
        schedule II, schedule III, or schedule IV of section 202(c) of 
        the Controlled Substances Act (21 U.S.C. 812(c)).
    (b) Planning and Implementation Grants.--
            (1) In general.--The Attorney General, in coordination with 
        the Secretary of Health and Human Services and in consultation 
        with the Director of the Office of National Drug Control 
        Policy, may award grants to States, and combinations thereof, 
        to prepare a comprehensive plan for and implement an integrated 
        opioid abuse response initiative.
            (2) Purposes.--A State receiving a grant under this section 
        shall establish a comprehensive response to opioid abuse, which 
        shall include--
                    (A) prevention and education efforts around heroin 
                and opioid use, treatment, and recovery, including 
                education of residents, medical students, and 
                physicians and other prescribers of schedule II, III, 
                or IV controlled substances on relevant prescribing 
                guidelines and the prescription drug monitoring program 
                of the State;
                    (B) a comprehensive prescription drug monitoring 
                program to track dispensing of schedule II, III, or IV 
                controlled substances, which shall--
                            (i) provide for data sharing with other 
                        States by statute, regulation, or interstate 
                        agreement; and
                            (ii) allow for access to all individuals 
                        authorized by the State to write prescriptions 
                        for schedule II, III, or IV controlled 
                        substances on the prescription drug monitoring 
                        program of the State;
                    (C) developing, implementing, or expanding 
                prescription drug and opioid addiction treatment 
                programs by--
                            (i) expanding programs for medication 
                        assisted treatment of prescription drug and 
                        opioid addiction, including training for 
                        treatment and recovery support providers;
                            (ii) developing, implementing, or expanding 
                        programs for behavioral health therapy for 
                        individuals who are in treatment for 
                        prescription drug and opioid addiction;
                            (iii) developing, implementing, or 
                        expanding programs to screen individuals who 
                        are in treatment for prescription drug and 
                        opioid addiction for hepatitis C and HIV, and 
                        provide treatment for those individuals if 
                        clinically appropriate; or
                            (iv) developing, implementing, or expanding 
                        programs that provide screening, early 
                        intervention, and referral to treatment 
                        (commonly known as ``SBIRT'') to teenagers and 
                        young adults in primary care, middle schools, 
                        high schools, universities, school-based health 
                        centers, and other community-based health care 
                        settings frequently accessed by teenagers or 
                        young adults; and
                    (D) developing, implementing, and expanding 
                programs to prevent overdose death from prescription 
                medications and opioids.
            (3) Planning grant applications.--
                    (A) Application.--
                            (i) In general.--A State seeking a planning 
                        grant under this section to prepare a 
                        comprehensive plan for an integrated opioid 
                        abuse response initiative shall submit to the 
                        Attorney General an application in such form, 
                        and containing such information, as the 
                        Attorney General may require.
                            (ii) Requirements.--An application for a 
                        planning grant under this section shall, at a 
                        minimum, include--
                                    (I) a budget and a budget 
                                justification for the activities to be 
                                carried out using the grant;
                                    (II) a description of the 
                                activities proposed to be carried out 
                                using the grant, including a schedule 
                                for completion of such activities;
                                    (III) outcome measures that will be 
                                used to measure the effectiveness of 
                                the programs and initiatives to address 
                                opioids; and
                                    (IV) a description of the personnel 
                                necessary to complete such activities.
                    (B) Period; nonrenewability.--A planning grant 
                under this section shall be for a period of 1 year. A 
                State may not receive more than 1 planning grant under 
                this section.
                    (C) Strategic plan and program implementation 
                plan.--A State receiving a planning grant under this 
                section shall develop a strategic plan and a program 
                implementation plan.
            (4) Implementation grants.--
                    (A) Application.--A State seeking an implementation 
                grant under this section to implement a comprehensive 
                strategy for addressing opioid abuse shall submit to 
                the Attorney General an application in such form, and 
                containing such information, as the Attorney General 
                may require.
                    (B) Use of funds.--A State that receives an 
                implementation grant under this section shall use the 
                grant for the cost of carrying out an integrated opioid 
                abuse response program in accordance with this section, 
                including for technical assistance, training, and 
                administrative expenses.
                    (C) Requirements.--An integrated opioid abuse 
                response program carried out using an implementation 
                grant under this section shall--
                            (i) require that each prescriber of a 
                        schedule II, III, or IV controlled substance in 
                        the State--
                                    (I) registers with the prescription 
                                drug monitoring program of the State; 
                                and
                                    (II) consults the prescription drug 
                                monitoring program database of the 
                                State before prescribing a schedule II, 
                                III, or IV controlled substance;
                            (ii) require that each dispenser of a 
                        schedule II, III, or IV controlled substance in 
                        the State--
                                    (I) registers with the prescription 
                                drug monitoring program of the State;
                                    (II) consults the prescription drug 
                                monitoring program database of the 
                                State before dispensing a schedule II, 
                                III, or IV controlled substance; and
                                    (III) reports to the prescription 
                                drug monitoring program of the State, 
                                at a minimum, each instance in which a 
                                schedule II, III, or IV controlled 
                                substance is dispensed, with limited 
                                exceptions, as defined by the State, 
                                which shall indicate the prescriber by 
                                name and National Provider Identifier;
                            (iii) require that, not fewer than 4 times 
                        each year, the State agency or agencies that 
                        administer the prescription drug monitoring 
                        program of the State prepare and provide to 
                        each prescriber of a schedule II, III, or IV 
                        controlled substance an informational report 
                        that shows how the prescribing patterns of the 
                        prescriber compare to prescribing practices of 
                        the peers of the prescriber and expected norms;
                            (iv) if informational reports provided to a 
                        prescriber under clause (iii) indicate that the 
                        prescriber is repeatedly falling outside of 
                        expected norms or standard practices for the 
                        prescriber's field, direct the prescriber to 
                        educational resources on appropriate 
                        prescribing of controlled substances;
                            (v) ensure that the prescriber licensing 
                        board of the State receives a report describing 
                        any prescribers that repeatedly fall outside of 
                        expected norms or standard practices for the 
                        prescriber's field, as described in clause 
                        (iii);
                            (vi) require consultation with the Single 
                        State Authority for Substance Abuse (as defined 
                        in section 201(e) of the Second Chance Act of 
                        2007 (42 U.S.C. 17521(e))); and
                            (vii) establish requirements for how data 
                        will be collected and analyzed to determine the 
                        effectiveness of the program.
                    (D) Period.--An implementation grant under this 
                section shall be for a period of 2 years.
            (5) Priority considerations.--In awarding planning and 
        implementation grants under this section, the Attorney General 
        shall give priority to a State that--
                    (A)(i) provides civil liability protection for 
                first responders, health professionals, and family 
                members who have received appropriate training in the 
                administration of naloxone in administering naloxone to 
                counteract opioid overdoses; and
                    (ii) submits to the Attorney General 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, 
                        health care professionals, family members, and 
                        other individuals who--
                                    (aa) have received appropriate 
                                training in the administration of 
                                naloxone; and
                                    (bb) may administer naloxone to 
                                individuals reasonably believed to be 
                                suffering from opioid overdose; and
                            (II) concluded that the law described in 
                        subclause (I) provides adequate civil liability 
                        protection applicable to such persons;
                    (B) has in effect legislation or implements a 
                policy under which the State shall not terminate, but 
                may suspend, enrollment under the State plan for 
                medical assistance under title XIX of the Social 
                Security Act (42 U.S.C. 1396 et seq.) for an individual 
                who is incarcerated for a period of fewer than 2 years;
                    (C) has a process for enrollment in services and 
                benefits necessary by criminal justice agencies to 
                initiate or continue treatment in the community, under 
                which an individual who is incarcerated may, while 
                incarcerated, enroll in services and benefits that are 
                necessary for the individual to continue treatment upon 
                release from incarceration;
                    (D) ensures the capability of data sharing with 
                other States, such as by making data available to a 
                prescription monitoring hub;
                    (E) ensures that data recorded in the prescription 
                drug monitoring program database of the State is 
                available within 24 hours, to the extent possible; and
                    (F) ensures that the prescription drug monitoring 
                program of the State notifies prescribers and 
                dispensers of schedule II, III, or IV controlled 
                substances when overuse or misuse of such controlled 
                substances by patients is suspected.
    (c) Authorization of Funding.--For each of fiscal years 2016 
through 2020, the Attorney General may use, from any unobligated 
balances made available under the heading ``GENERAL ADMINISTRATION'' to 
the Department of Justice in an appropriation Act, such amounts as are 
necessary to carry out this section, not to exceed $5,000,000 per 
fiscal year.

                        TITLE VII--MISCELLANEOUS

SEC. 701. GAO REPORT ON IMD EXCLUSION.

    (a) Definition.--In this section, the term ``Medicaid Institutions 
for Mental Disease exclusion'' means the prohibition on Federal 
matching payments under Medicaid for patients who have attained age 22, 
but have not attained age 65, in an institution for mental diseases 
under subparagraph (B) of the matter following subsection (a) of 
section 1905 of the Social Security Act (42 U.S.C. 1396d) and 
subsection (i) of such section.
    (b) Report Required.--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 on the impact that the Medicaid 
Institutions for Mental Disease exclusion has on access to treatment 
for individuals with a substance use disorder.
    (c) Elements.--The report required under subsection (b) shall 
include a review of what is known regarding--
            (1) Medicaid beneficiary access to substance use disorder 
        treatments in institutions for mental disease; and
            (2) the quality of care provided to Medicaid beneficiaries 
        treated in and outside of institutions for mental disease for 
        substance use disorders.

SEC. 702. FUNDING.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 401, is 
amended by adding at the end the following:

``SEC. 2999E. FUNDING.

    ``There are authorized to be appropriated to the Attorney General 
and the Secretary of Health and Human Services to carry out this part 
$62,000,000 for each of fiscal years 2016 through 2020.''.

SEC. 703. CONFORMING AMENDMENTS.

    Part II of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797cc et seq.) is amended--
            (1) in the part heading, by striking ``confronting use of 
        methamphetamine'' and inserting ``comprehensive addiction and 
        recovery''; and
            (2) in section 2996(a)(1), by striking ``this part'' and 
        inserting ``this section''.

SEC. 704. GRANT ACCOUNTABILITY.

    (a) Grants Under Part II of Title I of the Omnibus Crime Control 
and Safe Streets Act of 1968.--Part II of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.); as 
amended by section 702, is amended by adding at the end the following:

``SEC. 2999F. GRANT ACCOUNTABILITY.

    ``(a) Definitions.--In this section--
            ``(1) the term `applicable committees'--
                    ``(A) with respect to the Attorney General and any 
                other official of the Department of Justice, means--
                            ``(i) the Committee on the Judiciary of the 
                        Senate; and
                            ``(ii) the Committee on the Judiciary of 
                        the House of Representatives; and
                    ``(B) with respect to the Secretary of Health and 
                Human Services and any other official of the Department 
                of Health and Human Services, means--
                            ``(i) the Committee on Health, Education, 
                        Labor, and Pensions of the Senate; and
                            ``(ii) the Committee on Energy and Commerce 
                        of the House of Representatives;
            ``(2) the term `covered agency' means--
                    ``(A) the Department of Justice; and
                    ``(B) the Department of Health and Human Services; 
                and
            ``(3) the term `covered official' means--
                    ``(A) the Attorney General; and
                    ``(B) the Secretary of Health and Human Services.
    ``(b) Accountability.--All grants awarded by a covered official 
under this part shall be subject to the following accountability 
provisions:
            ``(1) Audit requirement.--
                    ``(A) Definition.--In this paragraph, the term 
                `unresolved audit finding' means a finding in the final 
                audit report of the Inspector General of a covered 
                agency that the audited grantee has utilized grant 
                funds for an unauthorized expenditure or otherwise 
                unallowable cost that is not closed or resolved within 
                12 months after the date on which the final audit 
                report is issued.
                    ``(B) Audit.--Beginning in the first fiscal year 
                beginning after the date of enactment of this section, 
                and in each fiscal year thereafter, the Inspector 
                General of a covered agency shall conduct audits of 
                recipients of grants awarded by the applicable covered 
                official under this part to prevent waste, fraud, and 
                abuse of funds by grantees. The Inspector General shall 
                determine the appropriate number of grantees to be 
                audited each year.
                    ``(C) Mandatory exclusion.--A recipient of grant 
                funds under this part that is found to have an 
                unresolved audit finding shall not be eligible to 
                receive grant funds under this part during the first 2 
                fiscal years beginning after the end of the 12-month 
                period described in subparagraph (A).
                    ``(D) Priority.--In awarding grants under this 
                part, a covered official shall give priority to 
                eligible applicants that did not have an unresolved 
                audit finding during the 3 fiscal years before 
                submitting an application for a grant under this part.
                    ``(E) Reimbursement.--If an entity is awarded grant 
                funds under this part during the 2-fiscal-year period 
                during which the entity is barred from receiving grants 
                under subparagraph (C), the covered official that 
                awarded the grant funds shall--
                            ``(i) deposit an amount equal to the amount 
                        of the grant funds that were improperly awarded 
                        to the grantee into the General Fund of the 
                        Treasury; and
                            ``(ii) seek to recoup the costs of the 
                        repayment to the fund from the grant recipient 
                        that was erroneously awarded grant funds.
            ``(2) Nonprofit organization requirements.--
                    ``(A) Definition.--For purposes of this paragraph 
                and the grant programs under this part, the term 
                `nonprofit organization' means an organization that is 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 and is exempt from taxation under section 
                501(a) of such Code.
                    ``(B) Prohibition.--A covered official may not 
                award a grant under this part to a nonprofit 
                organization that holds money in offshore accounts for 
                the purpose of avoiding paying the tax described in 
                section 511(a) of the Internal Revenue Code of 1986.
                    ``(C) Disclosure.--Each nonprofit organization that 
                is awarded a grant under this part and uses the 
                procedures prescribed in regulations to create a 
                rebuttable presumption of reasonableness for the 
                compensation of its officers, directors, trustees, and 
                key employees, shall disclose to the applicable covered 
                official, in the application for the grant, the process 
                for determining such compensation, including the 
                independent persons involved in reviewing and approving 
                such compensation, the comparability data used, and 
                contemporaneous substantiation of the deliberation and 
                decision. Upon request, a covered official shall make 
                the information disclosed under this subparagraph 
                available for public inspection.
            ``(3) Conference expenditures.--
                    ``(A) Limitation.--No amounts made available to a 
                covered official under this part may be used by the 
                covered official, or by any individual or entity 
                awarded discretionary funds through a cooperative 
                agreement under this part, to host or support any 
                expenditure for conferences that uses more than $20,000 
                in funds made available by the covered official, unless 
                the covered official provides prior written 
                authorization that the funds may be expended to host 
                the conference.
                    ``(B) Written authorization.--Written authorization 
                under subparagraph (A) shall include a written estimate 
                of all costs associated with the conference, including 
                the cost of all food, beverages, audio-visual 
                equipment, honoraria for speakers, and entertainment.
                    ``(C) Report.--
                            ``(i) Department of justice.--The Deputy 
                        Attorney General shall submit to the applicable 
                        committees an annual report on all conference 
                        expenditures approved by the Attorney General 
                        under this paragraph.
                            ``(ii) Department of health and human 
                        services.--The Deputy Secretary of Health and 
                        Human Services shall submit to the applicable 
                        committees an annual report on all conference 
                        expenditures approved by the Secretary of 
                        Health and Human Services under this paragraph.
            ``(4) Annual certification.--Beginning in the first fiscal 
        year beginning after the date of enactment of this section, 
        each covered official shall submit to the applicable committees 
        an annual certification--
                    ``(A) indicating whether--
                            ``(i) all audits issued by the Office of 
                        the Inspector General of the applicable agency 
                        under paragraph (1) have been completed and 
                        reviewed by the appropriate Assistant Attorney 
                        General or Director, or the appropriate 
                        official of the Department of Health and Human 
                        Services, as applicable;
                            ``(ii) all mandatory exclusions required 
                        under paragraph (1)(C) have been issued; and
                            ``(iii) all reimbursements required under 
                        paragraph (1)(E) have been made; and
                    ``(B) that includes a list of any grant recipients 
                excluded under paragraph (1) from the previous year.
    ``(c) Preventing Duplicative Grants.--
            ``(1) In general.--Before a covered official awards a grant 
        to an applicant under this part, the covered official shall 
        compare potential grant awards with other grants awarded under 
        this part by the covered official to determine if duplicate 
        grant awards are awarded for the same purpose.
            ``(2) Report.--If a covered official awards duplicate 
        grants to the same applicant for the same purpose, the covered 
        official shall submit to the applicable committees a report 
        that includes--
                    ``(A) a list of all duplicate grants awarded, 
                including the total dollar amount of any duplicate 
                grants awarded; and
                    ``(B) the reason the covered official awarded the 
                duplicate grants.''.
    (b) Other Grants.--
            (1) Definitions.--In this subsection--
                    (A) the term ``applicable committees''--
                            (i) with respect to the Attorney General 
                        and any other official of the Department of 
                        Justice, means--
                                    (I) the Committee on the Judiciary 
                                of the Senate; and
                                    (II) the Committee on the Judiciary 
                                of the House of Representatives; and
                            (ii) with respect to the Secretary of 
                        Health and Human Services and any other 
                        official of the Department of Health and Human 
                        Services, means--
                                    (I) the Committee on Health, 
                                Education, Labor, and Pensions of the 
                                Senate; and
                                    (II) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives;
                    (B) the term ``covered agency'' means--
                            (i) the Department of Justice; and
                            (ii) the Department of Health and Human 
                        Services;
                    (C) the term ``covered grant'' means a grant under 
                section 201, 302, or 601 of this Act or section 508 of 
                the Public Health Service Act (42 U.S.C. 290bb-1) (as 
                amended by section 501 of this Act); and
                    (D) the term ``covered official'' means--
                            (i) the Attorney General; and
                            (ii) the Secretary of Health and Human 
                        Services.
            (2) Accountability.--All covered grants awarded by a 
        covered official shall be subject to the following 
        accountability provisions:
                    (A) Audit requirement.--
                            (i) Definition.--In this subparagraph, the 
                        term ``unresolved audit finding'' means a 
                        finding in the final audit report of the 
                        Inspector General of a covered agency that the 
                        audited grantee has utilized grant funds for an 
                        unauthorized expenditure or otherwise 
                        unallowable cost that is not closed or resolved 
                        within 12 months after the date on which the 
                        final audit report is issued.
                            (ii) Audit.--Beginning in the first fiscal 
                        year beginning after the date of enactment of 
                        this Act, and in each fiscal year thereafter, 
                        the Inspector General of a covered agency shall 
                        conduct audits of recipients of covered grants 
                        awarded by the applicable covered official to 
                        prevent waste, fraud, and abuse of funds by 
                        grantees. The Inspector General shall determine 
                        the appropriate number of grantees to be 
                        audited each year.
                            (iii) Mandatory exclusion.--A recipient of 
                        covered grant funds that is found to have an 
                        unresolved audit finding shall not be eligible 
                        to receive covered grant funds during the first 
                        2 fiscal years beginning after the end of the 
                        12-month period described in clause (i).
                            (iv) Priority.--In awarding covered grants, 
                        a covered official shall give priority to 
                        eligible applicants that did not have an 
                        unresolved audit finding during the 3 fiscal 
                        years before submitting an application for a 
                        covered grant.
                            (v) Reimbursement.--If an entity is awarded 
                        covered grant funds during the 2-fiscal-year 
                        period during which the entity is barred from 
                        receiving grants under clause (iii), the 
                        covered official that awarded the funds shall--
                                    (I) deposit an amount equal to the 
                                amount of the grant funds that were 
                                improperly awarded to the grantee into 
                                the General Fund of the Treasury; and
                                    (II) seek to recoup the costs of 
                                the repayment to the fund from the 
                                grant recipient that was erroneously 
                                awarded grant funds.
                    (B) Nonprofit organization requirements.--
                            (i) Definition.--For purposes of this 
                        subparagraph and the covered grant programs, 
                        the term ``nonprofit organization'' means an 
                        organization that is described in section 
                        501(c)(3) of the Internal Revenue Code of 1986 
                        and is exempt from taxation under section 
                        501(a) of such Code.
                            (ii) Prohibition.--A covered official may 
                        not award a covered grant to a nonprofit 
                        organization that holds money in offshore 
                        accounts for the purpose of avoiding paying the 
                        tax described in section 511(a) of the Internal 
                        Revenue Code of 1986.
                            (iii) Disclosure.--Each nonprofit 
                        organization that is awarded a covered grant 
                        and uses the procedures prescribed in 
                        regulations to create a rebuttable presumption 
                        of reasonableness for the compensation of its 
                        officers, directors, trustees, and key 
                        employees, shall disclose to the applicable 
                        covered official, in the application for the 
                        grant, the process for determining such 
                        compensation, including the independent persons 
                        involved in reviewing and approving such 
                        compensation, the comparability data used, and 
                        contemporaneous substantiation of the 
                        deliberation and decision. Upon request, a 
                        covered official shall make the information 
                        disclosed under this clause available for 
                        public inspection.
                    (C) Conference expenditures.--
                            (i) Limitation.--No amounts made available 
                        to a covered official under a covered grant 
                        program may be used by the covered official, or 
                        by any individual or entity awarded 
                        discretionary funds through a cooperative 
                        agreement under a covered grant program, to 
                        host or support any expenditure for conferences 
                        that uses more than $20,000 in funds made 
                        available by the covered official, unless the 
                        covered official provides prior written 
                        authorization that the funds may be expended to 
                        host the conference.
                            (ii) Written authorization.--Written 
                        authorization under clause (i) shall include a 
                        written estimate of all costs associated with 
                        the conference, including the cost of all food, 
                        beverages, audio-visual equipment, honoraria 
                        for speakers, and entertainment.
                            (iii) Report.--
                                    (I) Department of justice.--The 
                                Deputy Attorney General shall submit to 
                                the applicable committees an annual 
                                report on all conference expenditures 
                                approved by the Attorney General under 
                                this subparagraph.
                                    (II) Department of health and human 
                                services.--The Deputy Secretary of 
                                Health and Human Services shall submit 
                                to the applicable committees an annual 
                                report on all conference expenditures 
                                approved by the Secretary of Health and 
                                Human Services under this subparagraph.
                    (D) Annual certification.--Beginning in the first 
                fiscal year beginning after the date of enactment of 
                this Act, each covered official shall submit to the 
                applicable committees an annual certification--
                            (i) indicating whether--
                                    (I) all audits issued by the Office 
                                of the Inspector General of the 
                                applicable agency under subparagraph 
                                (A) have been completed and reviewed by 
                                the appropriate Assistant Attorney 
                                General or Director, or the appropriate 
                                official of the Department of Health 
                                and Human Services, as applicable;
                                    (II) all mandatory exclusions 
                                required under subparagraph (A)(iii) 
                                have been issued; and
                                    (III) all reimbursements required 
                                under subparagraph (A)(v) have been 
                                made; and
                            (ii) that includes a list of any grant 
                        recipients excluded under subparagraph (A) from 
                        the previous year.
            (3) Preventing duplicative grants.--
                    (A) In general.--Before a covered official awards a 
                covered grant to an applicant, the covered official 
                shall compare potential grant awards with other covered 
                grants awarded by the covered official to determine if 
                duplicate grant awards are awarded for the same 
                purpose.
                    (B) Report.--If a covered official awards duplicate 
                grants to the same applicant for the same purpose, the 
                covered official shall submit to the applicable 
                committees a report that includes--
                            (i) a list of all duplicate grants awarded, 
                        including the total dollar amount of any 
                        duplicate grants awarded; and
                            (ii) the reason the covered official 
                        awarded the duplicate grants.

SEC. 705. PROGRAMS TO PREVENT PRESCRIPTION DRUG ABUSE UNDER THE 
              MEDICARE PROGRAM.

    (a) Drug Management Program for At-Risk Beneficiaries.--
            (1) In general.--Section 1860D-4(c) of the Social Security 
        Act (42 U.S.C. 1395w-104(c)) is amended by adding at the end 
        the following:
            ``(5) Drug management program for at-risk beneficiaries.--
                    ``(A) Authority to establish.--A PDP sponsor may 
                establish a drug management program for at-risk 
                beneficiaries under which, subject to subparagraph (B), 
                the PDP sponsor may, in the case of an at-risk 
                beneficiary for prescription drug abuse who is an 
                enrollee in a prescription drug plan of such PDP 
                sponsor, limit such beneficiary's access to coverage 
                for frequently abused drugs under such plan to 
                frequently abused drugs that are prescribed for such 
                beneficiary by a prescriber (or prescribers) selected 
                under subparagraph (D), and dispensed for such 
                beneficiary by a pharmacy (or pharmacies) selected 
                under such subparagraph.
                    ``(B) Requirement for notices.--
                            ``(i) In general.--A PDP sponsor may not 
                        limit the access of an at-risk beneficiary for 
                        prescription drug abuse to coverage for 
                        frequently abused drugs under a prescription 
                        drug plan until such sponsor--
                                    ``(I) provides to the beneficiary 
                                an initial notice described in clause 
                                (ii) and a second notice described in 
                                clause (iii); and
                                    ``(II) verifies with the providers 
                                of the beneficiary that the beneficiary 
                                is an at-risk beneficiary for 
                                prescription drug abuse, as described 
                                in subparagraph (C)(iv).
                            ``(ii) Initial notice.--An initial written 
                        notice described in this clause is a notice 
                        that provides to the beneficiary--
                                    ``(I) notice that the PDP sponsor 
                                has identified the beneficiary as 
                                potentially being an at-risk 
                                beneficiary for prescription drug 
                                abuse;
                                    ``(II) information, when possible, 
                                describing State and Federal public 
                                health resources that are designed to 
                                address prescription drug abuse to 
                                which the beneficiary may have access, 
                                including substance use disorder 
                                treatment services, addiction treatment 
                                services, mental health services, and 
                                other counseling services;
                                    ``(III) a request for the 
                                beneficiary to submit to the PDP 
                                sponsor preferences for which 
                                prescribers and pharmacies the 
                                beneficiary would prefer the PDP 
                                sponsor to select under subparagraph 
                                (D) in the case that the beneficiary is 
                                identified as an at-risk beneficiary 
                                for prescription drug abuse as 
                                described in clause (iii)(I);
                                    ``(IV) an explanation of the 
                                meaning and consequences of the 
                                identification of the beneficiary as 
                                potentially being an at-risk 
                                beneficiary for prescription drug 
                                abuse, including an explanation of the 
                                drug management program established by 
                                the PDP sponsor pursuant to 
                                subparagraph (A);
                                    ``(V) clear instructions that 
                                explain how the beneficiary can contact 
                                the PDP sponsor in order to submit to 
                                the PDP sponsor the preferences 
                                described in subclause (IV) and any 
                                other communications relating to the 
                                drug management program for at-risk 
                                beneficiaries established by the PDP 
                                sponsor;
                                    ``(VI) contact information for 
                                other organizations that can provide 
                                the beneficiary with information 
                                regarding drug management program for 
                                at-risk beneficiaries (similar to the 
                                information provided by the Secretary 
                                in other standardized notices to part D 
                                eligible individuals enrolled in 
                                prescription drug plans under this 
                                part); and
                                    ``(VII) notice that the beneficiary 
                                has a right to an appeal pursuant to 
                                subparagraph (E).
                            ``(iii) Second notice.--A second written 
                        notice described in this clause is a notice 
                        that provides to the beneficiary notice--
                                    ``(I) that the PDP sponsor has 
                                identified the beneficiary as an at-
                                risk beneficiary for prescription drug 
                                abuse;
                                    ``(II) that such beneficiary has 
                                been sent, or informed of, such 
                                identification in the initial notice 
                                and is now subject to the requirements 
                                of the drug management program for at-
                                risk beneficiaries established by such 
                                PDP sponsor for such plan;
                                    ``(III) of the prescriber and 
                                pharmacy selected for such individual 
                                under subparagraph (D);
                                    ``(IV) of, and information about, 
                                the right of the beneficiary to a 
                                reconsideration and an appeal under 
                                subsection (h) of such identification 
                                and the prescribers and pharmacies 
                                selected;
                                    ``(V) that the beneficiary can, in 
                                the case that the beneficiary has not 
                                previously submitted to the PDP sponsor 
                                preferences for which prescribers and 
                                pharmacies the beneficiary would prefer 
                                the PDP sponsor select under 
                                subparagraph (D), submit such 
                                preferences to the PDP sponsor; and
                                    ``(VI) that includes clear 
                                instructions that explain how the 
                                beneficiary can contact the PDP sponsor 
                                in order to submit to the PDP sponsor 
                                the preferences described in subclause 
                                (V).
                            ``(iv) Timing of notices.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a second written notice 
                                described in clause (iii) shall be 
                                provided to the beneficiary on a date 
                                that is not less than 30 days after an 
                                initial notice described in clause (ii) 
                                is provided to the beneficiary.
                                    ``(II) Exception.--In the case that 
                                the PDP sponsor, in conjunction with 
                                the Secretary, determines that concerns 
                                identified through rulemaking by the 
                                Secretary regarding the health or 
                                safety of the beneficiary or regarding 
                                significant drug diversion activities 
                                require the PDP sponsor to provide a 
                                second notice described in clause (iii) 
                                to the beneficiary on a date that is 
                                earlier than the date described in 
                                subclause (II), the PDP sponsor may 
                                provide such second notice on such 
                                earlier date.
                                    ``(III) Form of notice.--The 
                                written notices under clauses (ii) and 
                                (iii) shall be in a format determined 
                                appropriate by the Secretary, taking 
                                into account beneficiary preferences.
                    ``(C) At-risk beneficiary for prescription drug 
                abuse.--
                            ``(i) In general.--For purposes of this 
                        paragraph, the term `at-risk beneficiary for 
                        prescription drug abuse' means a part D 
                        eligible individual who is not an exempted 
                        individual described in clause (ii) and--
                                    ``(I) who is identified through 
                                criteria developed by the Secretary in 
                                consultation with PDP sponsors and 
                                other stakeholders described in 
                                subsection section __(g)(2)(A) of the 
                                Comprehensive Addiction and Recovery 
                                Act of 2016 based on clinical factors 
                                indicating misuse or abuse of 
                                prescription drugs described in 
                                subparagraph (G), including dosage, 
                                quantity, duration of use, number of 
                                and reasonable access to prescribers, 
                                and number of and reasonable access to 
                                pharmacies used to obtain such drug; or
                                    ``(II) with respect to whom the PDP 
                                sponsor of a prescription drug plan, 
                                upon enrolling such individual in such 
                                plan, received notice from the 
                                Secretary that such individual was 
                                identified under this paragraph to be 
                                an at-risk beneficiary for prescription 
                                drug abuse under a prescription drug 
                                plan in which such individual was 
                                previously enrolled and such 
                                identification has not been terminated 
                                under subparagraph (F).
                            ``(ii) Exempted individual described.--An 
                        exempted individual described in this clause is 
                        an individual who--
                                    ``(I) receives hospice care under 
                                this title;
                                    ``(II) resides in a long-term care 
                                facility, a facility described in 
                                section 1905(d), or other facility 
                                under contract with a single pharmacy; 
                                or
                                    ``(III) the Secretary elects to 
                                treat as an exempted individual for 
                                purposes of clause (i).
                            ``(iii) Program size.--The Secretary shall 
                        establish policies, including the criteria 
                        developed under clause (i)(I) and the 
                        exemptions under clause (ii)(III), to ensure 
                        that the population of enrollees in a drug 
                        management program for at-risk beneficiaries 
                        operated by a prescription drug plan can be 
                        effectively managed by such plans.
                            ``(iv) Clinical contact.--With respect to 
                        each at-risk beneficiary for prescription drug 
                        abuse enrolled in a prescription drug plan 
                        offered by a PDP sponsor, the PDP sponsor shall 
                        contact the beneficiary's providers who have 
                        prescribed frequently abused drugs regarding 
                        whether prescribed medications are appropriate 
                        for such beneficiary's medical conditions.
                    ``(D) Selection of prescribers.--
                            ``(i) In general.--With respect to each at-
                        risk beneficiary for prescription drug abuse 
                        enrolled in a prescription drug plan offered by 
                        such sponsor, a PDP sponsor shall, based on the 
                        preferences submitted to the PDP sponsor by the 
                        beneficiary pursuant to clauses (ii)(III) and 
                        (iii)(V) of subparagraph (B) if applicable, 
                        select--
                                    ``(I) one, or, if the PDP sponsor 
                                reasonably determines it necessary to 
                                provide the beneficiary with reasonable 
                                access under clause (ii), more than 
                                one, individual who is authorized to 
                                prescribe frequently abused drugs 
                                (referred to in this paragraph as a 
                                `prescriber') who may write 
                                prescriptions for such drugs for such 
                                beneficiary; and
                                    ``(II) one, or, if the PDP sponsor 
                                reasonably determines it necessary to 
                                provide the beneficiary with reasonable 
                                access under clause (ii), more than 
                                one, pharmacy that may dispense such 
                                drugs to such beneficiary.
                            ``(ii) Reasonable access.--In making the 
                        selection under this subparagraph, a PDP 
                        sponsor shall ensure, taking into account 
                        geographic location, beneficiary preference, 
                        impact on cost-sharing, and reasonable travel 
                        time, that the beneficiary continues to have 
                        reasonable access to drugs described in 
                        subparagraph (G), including--
                                    ``(I) for individuals with multiple 
                                residences; and
                                    ``(II) in the case of natural 
                                disasters and similar emergency 
                                situations.
                            ``(iii) Beneficiary preferences.--
                                    ``(I) In general.--If an at-risk 
                                beneficiary for prescription drug abuse 
                                submits preferences for which in-
                                network prescribers and pharmacies the 
                                beneficiary would prefer the PDP 
                                sponsor select in response to a notice 
                                under subparagraph (B), the PDP sponsor 
                                shall--
                                            ``(aa) review such 
                                        preferences;
                                            ``(bb) select or change the 
                                        selection of a prescriber or 
                                        pharmacy for the beneficiary 
                                        based on such preferences; and
                                            ``(cc) inform the 
                                        beneficiary of such selection 
                                        or change of selection.
                                    ``(II) Exception.--In the case that 
                                the PDP sponsor determines that a 
                                change to the selection of a prescriber 
                                or pharmacy under item (bb) by the PDP 
                                sponsor is contributing or would 
                                contribute to prescription drug abuse 
                                or drug diversion by the beneficiary, 
                                the PDP sponsor may change the 
                                selection of a prescriber or pharmacy 
                                for the beneficiary. If the PDP sponsor 
                                changes the selection pursuant to the 
                                preceding sentence, the PDP sponsor 
                                shall provide the beneficiary with--
                                            ``(aa) at least 30 days 
                                        written notice of the change of 
                                        selection; and
                                            ``(bb) a rationale for the 
                                        change.
                                    ``(III) Timing.--An at-risk 
                                beneficiary for prescription drug abuse 
                                may choose to express their prescriber 
                                and pharmacy preference and communicate 
                                such preference to their PDP sponsor at 
                                any date while enrolled in the program, 
                                including after a second notice under 
                                subparagraph (B)(iii) has been 
                                provided.
                            ``(iv) Confirmation.--Before selecting a 
                        prescriber or pharmacy under this subparagraph, 
                        a PDP sponsor must notify the prescriber and 
                        pharmacy that the beneficiary involved has been 
                        identified for inclusion in the drug management 
                        program for at-risk beneficiaries and that the 
                        prescriber and pharmacy has been selected as 
                        the beneficiary's designated prescriber and 
                        pharmacy.
                    ``(E) Appeals.--The identification of an individual 
                as an at-risk beneficiary for prescription drug abuse 
                under this paragraph, a coverage determination made 
                under a drug management program for at-risk 
                beneficiaries, and the selection of a prescriber or 
                pharmacy under subparagraph (D) with respect to such 
                individual shall be subject to an expedited 
                reconsideration and appeal pursuant to subsection (h).
                    ``(F) Termination of identification.--
                            ``(i) In general.--The Secretary shall 
                        develop standards for the termination of 
                        identification of an individual as an at-risk 
                        beneficiary for prescription drug abuse under 
                        this paragraph. Under such standards such 
                        identification shall terminate as of the 
                        earlier of--
                                    ``(I) the date the individual 
                                demonstrates that the individual is no 
                                longer likely, in the absence of the 
                                restrictions under this paragraph, to 
                                be an at-risk beneficiary for 
                                prescription drug abuse described in 
                                subparagraph (C)(i); or
                                    ``(II) the end of such maximum 
                                period of identification as the 
                                Secretary may specify.
                            ``(ii) Rule of construction.--Nothing in 
                        clause (i) shall be construed as preventing a 
                        plan from identifying an individual as an at-
                        risk beneficiary for prescription drug abuse 
                        under subparagraph (C)(i) after such 
                        termination on the basis of additional 
                        information on drug use occurring after the 
                        date of notice of such termination.
                    ``(G) Frequently abused drug.--For purposes of this 
                subsection, the term `frequently abused drug' means a 
                drug that is determined by the Secretary to be 
                frequently abused or diverted and that is--
                            ``(i) a Controlled Drug Substance in 
                        Schedule CII; or
                            ``(ii) within the same class or category of 
                        drugs as a Controlled Drug Substance in 
                        Schedule CII, as determined through notice and 
                        comment rulemaking.
                    ``(H) Data disclosure.--
                            ``(i) Data on decision to impose 
                        limitation.--In the case of an at-risk 
                        beneficiary for prescription drug abuse (or an 
                        individual who is a potentially at-risk 
                        beneficiary for prescription drug abuse) whose 
                        access to coverage for frequently abused drugs 
                        under a prescription drug plan has been limited 
                        by a PDP sponsor under this paragraph, the 
                        Secretary shall establish rules and procedures 
                        to require such PDP sponsor to disclose data, 
                        including necessary individually identifiable 
                        health information, about the decision to 
                        impose such limitations and the limitations 
                        imposed by the PDP sponsor under this part.
                            ``(ii) Data to reduce fraud, abuse, and 
                        waste.--The Secretary shall establish rules and 
                        procedures to require PDP sponsors operating a 
                        drug management program for at-risk 
                        beneficiaries under this paragraph to provide 
                        the Secretary with such data as the Secretary 
                        determines appropriate for purposes of 
                        identifying patterns of prescription drug 
                        utilization for plan enrollees that are outside 
                        normal patterns and that may indicate 
                        fraudulent, medically unnecessary, or unsafe 
                        use.
                    ``(I) Sharing of information for subsequent plan 
                enrollments.--The Secretary shall establish procedures 
                under which PDP sponsors who offer prescription drug 
                plans shall share information with respect to 
                individuals who are at-risk beneficiaries for 
                prescription drug abuse (or individuals who are 
                potentially at-risk beneficiaries for prescription drug 
                abuse) and enrolled in a prescription drug plan and who 
                subsequently disenroll from such plan and enroll in 
                another prescription drug plan offered by another PDP 
                sponsor.
                    ``(J) Privacy issues.--Prior to the implementation 
                of the rules and procedures under this paragraph, the 
                Secretary shall clarify privacy requirements, including 
                requirements under the regulations promulgated pursuant 
                to section 264(c) of the Health Insurance Portability 
                and Accountability Act of 1996 (42 U.S.C. 1320d-2 
                note), related to the sharing of data under 
                subparagraphs (H) and (I) by PDP sponsors. Such 
                clarification shall provide that the sharing of such 
                data shall be considered to be protected health 
                information in accordance with the requirements of the 
                regulations promulgated pursuant to such section 
                264(c).
                    ``(K) Education.--The Secretary shall provide 
                education to enrollees in prescription drug plans of 
                PDP sponsors and providers regarding the drug 
                management program for at-risk beneficiaries described 
                in this paragraph, including education--
                            ``(i) provided through the improper payment 
                        outreach and education program described in 
                        section 1874A(h); and
                            ``(ii) through current education efforts 
                        (such as State health insurance assistance 
                        programs described in subsection (a)(1)(A) of 
                        section 119 of the Medicare Improvements for 
                        Patients and Providers Act of 2008 (42 U.S.C. 
                        1395b-3 note)) and materials directed toward 
                        such enrollees.
                    ``(L) CMS compliance review.--The Secretary shall 
                ensure that existing plan sponsor compliance reviews 
                and audit processes include the drug management 
                programs for at-risk beneficiaries under this 
                paragraph, including appeals processes under such 
                programs.''.
            (2) Information for consumers.--Section 1860D-4(a)(1)(B) of 
        the Social Security Act (42 U.S.C. 1395w-104(a)(1)(B)) is 
        amended by adding at the end the following:
                            ``(v) The drug management program for at-
                        risk beneficiaries under subsection (c)(5).''.
            (3) Dual eligibles.--Section 1860D-1(b)(3)(D) of the Social 
        Security Act (42 U.S.C. 1395w-101(b)(3)(D)) is amended by 
        inserting ``, subject to such limits as the Secretary may 
        establish for individuals identified pursuant to section 1860D-
        4(c)(5)'' after ``the Secretary''.
    (b) Utilization Management Programs.--Section 1860D-4(c) of the 
Social Security Act (42 U.S.C. 1395w-104(c)), as amended by subsection 
(a)(1), is amended--
            (1) in paragraph (1), by inserting after subparagraph (D) 
        the following new subparagraph:
                    ``(E) A utilization management tool to prevent drug 
                abuse (as described in paragraph (5)(A)).''; and
            (2) by adding at the end the following new paragraph:
            ``(6) Utilization management tool to prevent drug abuse.--
                    ``(A) In general.--A tool described in this 
                paragraph is any of the following:
                            ``(i) A utilization tool designed to 
                        prevent the abuse of frequently abused drugs by 
                        individuals and to prevent the diversion of 
                        such drugs at pharmacies.
                            ``(ii) Retrospective utilization review to 
                        identify--
                                    ``(I) individuals that receive 
                                frequently abused drugs at a frequency 
                                or in amounts that are not clinically 
                                appropriate; and
                                    ``(II) providers of services or 
                                suppliers that may facilitate the abuse 
                                or diversion of frequently abused drugs 
                                by beneficiaries.
                            ``(iii) Consultation with the contractor 
                        described in subparagraph (B) to verify if an 
                        individual enrolling in a prescription drug 
                        plan offered by a PDP sponsor has been 
                        previously identified by another PDP sponsor as 
                        an individual described in clause (ii)(I).
                    ``(B) Reporting.--A PDP sponsor offering a 
                prescription drug plan in a State shall submit to the 
                Secretary and the Medicare drug integrity contractor 
                with which the Secretary has entered into a contract 
                under section 1893 with respect to such State a report, 
                on a monthly basis, containing information on--
                            ``(i) any provider of services or supplier 
                        described in subparagraph (A)(ii)(II) that is 
                        identified by such plan sponsor during the 30-
                        day period before such report is submitted; and
                            ``(ii) the name and prescription records of 
                        individuals described in paragraph (5)(C).
                    ``(C) CMS compliance review.--The Secretary shall 
                ensure that plan sponsor annual compliance reviews and 
                program audits include a certification that utilization 
                management tools under this paragraph are in compliance 
                with the requirements for such tools.''.
    (c) Treatment of Certain Complaints for Purposes of Quality or 
Performance Assessment.--Section 1860D-42 of the Social Security Act 
(42 U.S.C. 1395w-152) is amended by adding at the end the following new 
subsection:
    ``(d) Treatment of Certain Complaints for Purposes of Quality or 
Performance Assessment.--In conducting a quality or performance 
assessment of a PDP sponsor, the Secretary shall develop or utilize 
existing screening methods for reviewing and considering complaints 
that are received from enrollees in a prescription drug plan offered by 
such PDP sponsor and that are complaints regarding the lack of access 
by the individual to prescription drugs due to a drug management 
program for at-risk beneficiaries.''.
    (d) Sense of Congress Regarding Use of Technology Tools To Combat 
Fraud.--It is the sense of Congress that MA organizations and PDP 
sponsors should consider using e-prescribing and other health 
information technology tools to support combating fraud under MA-PD 
plans and prescription drug plans under parts C and D of the Medicare 
Program.
    (e) GAO Study and Report.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study on the implementation of the amendments 
        made by this section, including the effectiveness of the at-
        risk beneficiaries for prescription drug abuse drug management 
        programs authorized by section 1860D-4(c)(5) of the Social 
        Security Act (42 U.S.C. 1395w-10(c)(5)), as added by subsection 
        (a)(1). Such study shall include an analysis of--
                    (A) the impediments, if any, that impair the 
                ability of individuals described in subparagraph (C) of 
                such section 1860D-4(c)(5) to access clinically 
                appropriate levels of prescription drugs;
                    (B) the effectiveness of the reasonable access 
                protections under subparagraph (D)(ii) of such section 
                1860D-4(c)(5), including the impact on beneficiary 
                access and health;
                    (C) how best to define the term ``designated 
                pharmacy'', including whether the definition of such 
                term should include an entity that is comprised of a 
                number of locations that are under common ownership and 
                that electronically share a real-time, online database 
                and whether such a definition would help to protect and 
                improve beneficiary access;
                    (D) the types of--
                            (i) individuals who, in the implementation 
                        of such section, are determined to be 
                        individuals described in such subparagraph; and
                            (ii) prescribers and pharmacies that are 
                        selected under subparagraph (D) of such 
                        section;
                    (E) the extent of prescription drug abuse beyond 
                Controlled Drug Substances in Schedule CII in parts C 
                and D of the Medicare program; and
                    (F) other areas determined appropriate by the 
                Comptroller General.
            (2) Report.--Not later than July 1, 2019, the Comptroller 
        General of the United States shall submit to the appropriate 
        committees of jurisdiction of Congress a report on the study 
        conducted under paragraph (1), together with recommendations 
        for such legislation and administrative action as the 
        Comptroller General determines to be appropriate.
    (f) Report by Secretary.--
            (1) In general.--Not later than 12 months after the date of 
        the enactment of this Act, the Secretary of Health and Human 
        Services shall submit to the appropriate committees of 
        jurisdiction of Congress a report on ways to improve upon the 
        appeals process for Medicare beneficiaries with respect to 
        prescription drug coverage under part D of title XVIII of the 
        Social Security Act. Such report shall include an analysis 
        comparing appeals processes under parts C and D of such title 
        XVIII.
            (2) Feedback.--In development of the report described in 
        paragraph (1), the Secretary of Health and Human Services shall 
        solicit feedback on the current appeals process from 
        stakeholders, such as beneficiaries, consumer advocates, plan 
        sponsors, pharmacy benefit managers, pharmacists, providers, 
        independent review entity evaluators, and pharmaceutical 
        manufacturers.
    (g) Effective Date.--
            (1) In general.--Except as provided in subsection (d)(2), 
        the amendments made by this section shall apply to prescription 
        drug plans for plan years beginning on or after January 1, 
        2018.
            (2) Stakeholder meetings prior to effective date.--
                    (A) In general.--Not later than January 1, 2017, 
                the Secretary of Health and Human Services shall 
                convene stakeholders, including individuals entitled to 
                benefits under part A of title XVIII of the Social 
                Security Act or enrolled under part B of such title of 
                such Act, advocacy groups representing such 
                individuals, clinicians, plan sponsors, pharmacists, 
                retail pharmacies, entities delegated by plan sponsors, 
                and biopharmaceutical manufacturers for input regarding 
                the topics described in subparagraph (B). The input 
                described in the preceding sentence shall be provided 
                to the Secretary in sufficient time in order for the 
                Secretary to take such input into account in 
                promulgating the regulations pursuant to subparagraph 
                (C).
                    (B) Topics described.--The topics described in this 
                subparagraph are the topics of--
                            (i) the impact on cost-sharing and ensuring 
                        accessibility to prescription drugs for 
                        enrollees in prescription drug plans of PDP 
                        sponsors who are at-risk beneficiaries for 
                        prescription drug abuse (as defined in 
                        paragraph (5)(C) of section 1860D-4(c) of the 
                        Social Security Act (42 U.S.C. 1395w-10(c)));
                            (ii) the use of an expedited appeals 
                        process under which such an enrollee may appeal 
                        an identification of such enrollee as an at-
                        risk beneficiary for prescription drug abuse 
                        under such paragraph (similar to the processes 
                        established under the Medicare Advantage 
                        program under part C of title XVIII of the 
                        Social Security Act);
                            (iii) the types of enrollees that should be 
                        treated as exempted individuals, as described 
                        in clause (ii) of such paragraph;
                            (iv) the manner in which terms and 
                        definitions in paragraph (5) of such section 
                        1860D-4(c) should be applied, such as the use 
                        of clinical appropriateness in determining 
                        whether an enrollee is an at-risk beneficiary 
                        for prescription drug abuse as defined in 
                        subparagraph (C) of such paragraph (5);
                            (v) the information to be included in the 
                        notices described in subparagraph (B) of such 
                        section and the standardization of such 
                        notices;
                            (vi) with respect to a PDP sponsor that 
                        establishes a drug management program for at-
                        risk beneficiaries under such paragraph (5), 
                        the responsibilities of such PDP sponsor with 
                        respect to the implementation of such program;
                            (vii) notices for plan enrollees at the 
                        point of sale that would explain why an at-risk 
                        beneficiary has been prohibited from receiving 
                        a prescription at a location outside of the 
                        designated pharmacy;
                            (viii) evidence-based prescribing 
                        guidelines for opiates; and
                            (ix) the sharing of claims data under parts 
                        A and B with PDP sponsors.
                    (C) Rulemaking.--The Secretary of Health and Human 
                Services shall, taking into account the input gathered 
                pursuant to subparagraph (A) and after providing notice 
                and an opportunity to comment, promulgate regulations 
                to carry out the provisions of, and amendments made by 
                subsections (a) and (b).

             TITLE VIII--TRANSNATIONAL DRUG TRAFFICKING ACT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Transnational Drug Trafficking Act 
of 2015''.

SEC. 802. POSSESSION, MANUFACTURE OR DISTRIBUTION FOR PURPOSES OF 
              UNLAWFUL IMPORTATIONS.

    Section 1009 of the Controlled Substances Import and Export Act (21 
U.S.C. 959) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) in subsection (a), by striking ``It shall'' and all 
        that follows and inserting the following: ``It shall be 
        unlawful for any person to manufacture or distribute a 
        controlled substance in schedule I or II or flunitrazepam or a 
        listed chemical intending, knowing, or having reasonable cause 
        to believe that such substance or chemical will be unlawfully 
        imported into the United States or into waters within a 
        distance of 12 miles of the coast of the United States.
    ``(b) It shall be unlawful for any person to manufacture or 
distribute a listed chemical--
            ``(1) intending or knowing that the listed chemical will be 
        used to manufacture a controlled substance; and
            ``(2) intending, knowing, or having reasonable cause to 
        believe that the controlled substance will be unlawfully 
        imported into the United States.''.

SEC. 803. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.

    Chapter 113 of title 18, United States Code, is amended--
            (1) in section 2318(b)(2), by striking ``section 2320(e)'' 
        and inserting ``section 2320(f)''; and
            (2) in section 2320--
                    (A) in subsection (a), by striking paragraph (4) 
                and inserting the following:
            ``(4) traffics in a drug and knowingly uses a counterfeit 
        mark on or in connection with such drug,'';
                    (B) in subsection (b)(3), in the matter preceding 
                subparagraph (A), by striking ``counterfeit drug'' and 
                inserting ``drug that uses a counterfeit mark on or in 
                connection with the drug''; and
                    (C) in subsection (f), by striking paragraph (6) 
                and inserting the following:
            ``(6) the term `drug' means a drug, as defined in section 
        201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        321).''.

            Passed the Senate March 10, 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                 S. 524

_______________________________________________________________________

                                 AN ACT

   To authorize the Attorney General to award grants to address the 
    national epidemics of prescription opioid abuse and heroin use.