[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7681 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7681
To amend the Public Health Service Act to reauthorize certain programs
to reduce opioid overdose deaths, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2022
Mr. Hill (for himself and Mrs. Dingell) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to reauthorize certain programs
to reduce opioid overdose deaths, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Overdoses and Saving
Lives Act 2.0''.
SEC. 2. REAUTHORIZATION OF GRANTS FOR REDUCING OVERDOSE DEATHS.
(a) Grants.--
(1) Repeal of maximum grant amount.--Paragraph (2) of
section 544(a) of the Public Health Service Act (42 U.S.C.
290dd-3(a)) is hereby repealed.
(2) Eligible entity; subgrants.--Section 544(a) of the
Public Health Service Act (42 U.S.C. 290dd-3(a)) is amended by
striking paragraph (3) and inserting the following:
``(2) Eligible entity.--For purposes of this section, the
term `eligible entity' means a State, Territory, locality,
Indian Tribe, Tribal organization, or Urban Indian
organization.
``(3) Subgrants.--For the purposes for which a grant is
awarded under this section, the eligible entity receiving the
grant may award subgrants to a Federally qualified health
center (as defined in section 1861(aa) of the Social Security
Act), an opioid treatment program (as defined in section 8.2 of
title 42, Code of Federal Regulations (or any successor
regulations)), any practitioner dispensing narcotic drugs
pursuant to section 303(g) of the Controlled Substances Act, or
any nonprofit organization that the Secretary deems
appropriate.''.
(3) Prescribing.--Section 544(a)(4) of the Public Health
Service Act (42 U.S.C. 290dd-3(a)(4)) is amended--
(A) in subparagraph (A), by inserting ``, including
patients prescribed with both an opioid and a
benzodiazepine'' before the semicolon at the end; and
(B) in subparagraph (D), by striking ``drug
overdose'' and inserting ``substance overdose''.
(4) Use of funds.--Paragraph (5) of section 544(c) of the
Public Health Service Act (42 U.S.C. 290dd-3(c)) is amended to
read as follows:
``(5) To establish protocols to connect patients who have
experienced an overdose with appropriate treatment, including
overdose reversal medications, medication assisted treatment,
and appropriate counseling and behavioral therapies.''.
(5) Waiver.--Section 544 of the Public Health Service Act
(42 U.S.C. 290dd-3) is amended--
(A) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(B) in subsection (f), as so redesignated, by
striking ``subsection (d)'' and inserting ``subsection
(e)''; and
(C) by inserting after subsection (c) the
following:
``(d) Waiver.--If the laws, regulations, or orders of a grantee
under this section conflict in any respect with the requirements of the
grant, the Secretary shall waive such requirements to the extent
necessary to allow the grantee to carry out the activities described in
subsection (c).''.
(6) Authorization of appropriations.--Section 544(g) of the
Public Health Service Act (42 U.S.C. 290dd-3), as redesignated,
is amended by striking ``fiscal years 2017 through 2021'' and
inserting ``fiscal years 2023 through 2027''.
(7) Technical amendment.--Section 544 of the Public Health
Service Act (42 U.S.C. 290dd-3), as amended, is further amended
by striking ``approved or cleared'' each place it appears and
inserting ``approved, cleared, or otherwise authorized''.
(b) Improving Access to Overdose Treatment.--Paragraph (1) of
section 107(b) of the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198) is amended--
(1) in the matter preceding subparagraph (A), by striking
``Not later than 180 days after the date of enactment of this
Act;'';
(2) by amending subparagraph (A) to read as follows:
``(A) The Secretary of Health and Human Services
may provide information to States, Territories,
localities, Indian Tribes, Tribal organizations, and
Urban Indian organizations on best practices for
prescribing or co-prescribing a drug or device
approved, cleared, or otherwise authorized under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) for emergency treatment of known or suspected
opioid overdose, including for patients receiving
chronic opioid therapy and patients being treated for
opioid use disorders.''; and
(3) in subparagraphs (B) and (C), by striking ``approved or
cleared'' and inserting ``approved, cleared, or otherwise
authorized''.
SEC. 3. REAUTHORIZATION OF OPIOID OVERDOSE REVERSAL MEDICATION ACCESS,
EDUCATION, AND CO-PRESCRIBING GRANT PROGRAMS.
(a) Grants.--Section 545 of the Public Health Service Act (42
U.S.C. 290ee) is amended--
(1) in the section heading, by striking ``access, and
education grant programs'' and inserting ``access, education,
and co-prescribing grant programs'';
(2) in the heading of subsection (a), by striking ``Grants
to States'' and inserting ``Grants'';
(3) in subsection (a), by striking ``shall make grants to
States'' and inserting ``shall make grants to States,
Territories, localities, Indian Tribes, Tribal organizations,
and Urban Indian organizations'';
(4) in subsection (a)(1), by striking ``implement
strategies for pharmacists to dispense a drug or device'' and
inserting ``implement strategies that increase access to drugs
or devices'';
(5) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(6) by inserting after paragraph (2) the following:
``(3) encourage health care providers to co-prescribe, as
appropriate, drugs or devices approved, cleared, or otherwise
authorized under the Federal Food, Drug, and Cosmetic Act for
emergency treatment of known or suspected opioid overdose;''.
(b) Grant Period.--Section 545(d)(2) of the Public Health Service
Act (42 U.S.C. 290ee(d)(2)) is amended by striking ``3 years'' and
inserting ``5 years''.
(c) Limitation.--Paragraph (3) of section 545(d) of the Public
Health Service Act (42 U.S.C. 290ee(d)) is amended to read as follows:
``(3) Limitations.--A State--
``(A) may use not more than 10 percent of a grant
under this section for educating the public pursuant to
subsection (a)(5); and
``(B) shall use at least 20 percent of a grant
under this section to offset cost-sharing for
distribution and dispensing of drugs or devices
approved, cleared, or otherwise authorized under the
Federal Food, Drug, and Cosmetic Act for emergency
treatment of known or suspected opioid overdose.''.
(d) Waiver.--Section 545 of the Public Health Service Act (42
U.S.C. 290ee) is amended--
(1) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Waiver.--If the laws, regulations, or orders of an applicant
for a grantee under this section conflict in any respect with the
requirements of the grant, the Secretary shall waive such requirements
to the extent necessary to allow the grantee to carry out the
activities described in subsection (a).''.
(e) Authorization of Appropriations.--Section 545(i)(1) of the
Public Health Service Act, as redesignated, is amended by striking
``fiscal years 2017 through 2019'' and inserting ``fiscal years 2023
through 2027''.
(f) Technical Amendment.--Section 545 of the Public Health Service
Act (42 U.S.C. 290ee), as amended, is further amended by striking
``approved or cleared'' each place it appears and inserting ``approved,
cleared, or otherwise authorized''.
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