[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3711 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3711

     To establish an annual fee applicable to opioid manufacturers.


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                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2018

  Mr. Merkley introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

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                                 A BILL


 
     To establish an annual fee applicable to opioid manufacturers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Opioid Treatment Surge Act''.

SEC. 2. ANNUAL FEE.

    (a) In General.--For each of the 10 calendar years immediately 
proceeding the date of enactment of this Act, the Secretary of Health 
and Human Services shall assess a fee against each prescription drug 
manufacturer that, at any time during the period beginning on January 
1, 1999, and ending on the calendar year immediately preceding the year 
in which the fee is assessed, manufactured any opioid drug (other than 
a drug described in subsection (b)). Such fee, with respect to such a 
manufacturer, shall be in an amount, as determined by such Secretary, 
that bears the same relationship to $2,000,000,000 as the market share 
of any such opioid drugs manufactured by such manufacturer during the 
period for which the fee is being assessed bears to the total market 
for opioid drugs (excluding such drugs described in subsection (b)) 
during such period.
    (b) Exceptions.--The fee described in subsection (a) shall not 
apply with respect to any opioid drug used exclusively for the 
treatment of--
            (1) opioid addiction, as part of a medically assisted 
        treatment effort; or
            (2) cancer or hospice patients.
    (c) Transfers To Block Grant Programs.--For each year that the 
Secretary of Health and Human Services assesses fees under subsection 
(a), the Secretary of the Treasury shall transfer from the general fund 
of the Treasury to the Secretary of Health and Human Services an amount 
equal to the amount of such fees, for purposes of carrying out 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.).
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