[Congressional Record Volume 156, Number 128 (Wednesday, September 22, 2010)]
[House]
[Pages H6850-H6852]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       NATIONAL ALL SCHEDULES PRESCRIPTION ELECTRONIC REPORTING 
                      REAUTHORIZATION ACT OF 2010

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5710) to amend and reauthorize the controlled substance 
monitoring program under section 399O of the Public Health Service Act, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5710

       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 ``National All Schedules 
     Prescription Electronic Reporting Reauthorization Act of 
     2010''.

     SEC. 2. AMENDMENT TO PURPOSE.

       Paragraph (1) of section 2 of the National All Schedules 
     Prescription Electronic Reporting Act of 2005 (Public Law 
     109-60) is amended to read as follows:
       ``(1) foster the establishment of State-administered 
     controlled substance monitoring systems in order to ensure 
     that--
       ``(A) health care providers have access to the accurate, 
     timely prescription history information that they may use as 
     a tool for the early identification of patients at risk for 
     addiction in order to initiate appropriate medical 
     interventions and avert the tragic personal, family, and 
     community consequences of untreated addiction; and
       ``(B) appropriate law enforcement, regulatory, and State 
     professional licensing authorities have access to 
     prescription history information for the purposes of 
     investigating drug diversion and prescribing and dispensing 
     practices of errant prescribers or pharmacists; and''.

     SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING 
                   PROGRAM.

       Section 399O of the Public Health Service Act (42 U.S.C. 
     280g-3) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A), by striking ``or'';
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) to maintain and operate an existing State-controlled 
     substance monitoring program.'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Minimum Requirements.--The Secretary shall maintain 
     and, as appropriate, supplement or revise (after publishing 
     proposed additions and revisions in the Federal Register and 
     receiving public comments thereon) minimum requirements for 
     criteria to be used by States for purposes of clauses (ii), 
     (v), (vi), and (vii) of subsection (c)(1)(A).'';
       (3) in subsection (c)--
       (A) in paragraph (1)(B)--
       (i) in the matter preceding clause (i), by striking 
     ``(a)(1)(B)'' and inserting ``(a)(1)(B) or (a)(1)(C)'';
       (ii) in clause (i), by striking ``program to be improved'' 
     and inserting ``program to be improved or maintained''; and
       (iii) in clause (iv), by striking ``public health'' and 
     inserting ``public health or public safety'';
       (B) in paragraph (3)--
       (i) by striking ``If a State that submits'' and inserting 
     the following:
       ``(A) In general.--If a State that submits'';
       (ii) by inserting before the period at the end ``and 
     include timelines for full implementation of such 
     interoperability''; and
       (iii) by adding at the end the following:
       ``(B) Monitoring of efforts.--The Secretary shall monitor 
     State efforts to achieve interoperability, as described in 
     subparagraph (A).'';
       (C) in paragraph (5)--
       (i) by striking ``implement or improve'' and inserting 
     ``establish, improve, or maintain''; and
       (ii) by adding at the end the following: ``The Secretary 
     shall redistribute any funds that are so returned among the 
     remaining grantees under this section in accordance with the 
     formula described in subsection (a)(2)(B).'';
       (4) in the matter preceding paragraph (1) in subsection 
     (d), by striking ``In implementing or improving'' and all 
     that follows through ``(a)(1)(B)'' and inserting ``In 
     establishing, improving, or maintaining a controlled 
     substance monitoring program under this section, a State 
     shall comply, or with respect to a State that applies for a 
     grant under subparagraph (B) or (C) of subsection (a)(1)'';
       (5) in subsections (e), (f)(1), and (g), by striking 
     ``implementing or improving'' each place it appears and 
     inserting ``establishing, improving, or maintaining'';
       (6) in subsection (f)--
       (A) in paragraph (1)(B) by striking ``misuse of a schedule 
     II, III, or IV substance'' and inserting ``misuse of a 
     controlled substance included in schedule II, III, or IV of 
     section 202(c) of the Controlled Substance Act''; and
       (B) by adding at the end the following:
       ``(3) Evaluation and reporting.--Subject to subsection (g), 
     a State receiving a grant under subsection (a) shall provide 
     the Secretary with aggregate data and other information 
     determined by the Secretary to be necessary to enable the 
     Secretary--
       ``(A) to evaluate the success of the State's program in 
     achieving its purposes; or
       ``(B) to prepare and submit the report to Congress required 
     by subsection (k)(2).
       ``(4) Research by other entities.--A department, program, 
     or administration receiving nonidentifiable information under 
     paragraph (1)(D) may make such information available to other 
     entities for research purposes.'';
       (7) by redesignating subsections (h) through (n) as 
     subsections (i) through (o), respectively;
       (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking 
     ``subsection (h)'' each place it appears and inserting 
     ``subsection (i)'';
       (9) by inserting after subsection (g) the following:
       ``(h) Education and Access to the Monitoring System.--A 
     State receiving a grant under subsection (a) shall take steps 
     to--
       ``(1) facilitate prescriber use of the State's controlled 
     substance monitoring system; and
       ``(2) educate prescribers on the benefits of the system 
     both to them and society.'';
       (10) by amending subsection (l), as redesignated, to read 
     as follows:
       ``(l) Preference.--Beginning 3 years after the date on 
     which funds are first appropriated to

[[Page H6851]]

     carry out this section, the Secretary, in awarding any 
     competitive grant under title V that is related to drug abuse 
     (as determined by the Secretary) and for which only States or 
     tribes are eligible to apply, may give preference to eligible 
     States with applications approved under this section, to 
     eligible States or tribes with existing controlled substance 
     monitoring programs that meet minimum requirements under this 
     section, or to eligible States or tribes that put forth a 
     good faith effort to meet those requirements (as determined 
     by the Secretary).''.
       (11) in subsection (m)(1), as redesignated, by striking 
     ``establishment, implementation, or improvement'' and 
     inserting ``establishment, improvement, or maintenance'';
       (12) in subsection (n)(8), as redesignated, by striking 
     ``and the District of Columbia'' and inserting ``, the 
     District of Columbia, and any commonwealth or territory of 
     the United States''; and
       (13) by amending subsection (o), as redesignated, to read 
     as follows:
       ``(o) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated $15,000,000 
     for fiscal year 2011 and $10,000,000 for each of fiscal years 
     2012 and 2013.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Kentucky (Mr. Whitfield) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 5710, the National All 
Schedules Prescription Electronic Reporting Reauthorization Act, or as 
I call it, NASPER.
  State prescription drug monitoring programs track prescriptions so 
that law enforcement officials can address and prevent diversion, and 
so prescribers and public health authorities can prevent and respond to 
the potentially devastating effects of prescription drug abuse.
  The NASPER program, as it's known, was first authorized in 2005 and 
allows the Secretary to make grants to support these State programs, 
and it also sets standards for privacy and interoperability. H.R. 5710 
reauthorizes the NASPER program, enhances evaluation and reporting, and 
makes other updates to the program.
  An amendment agreed to in our subcommittee changed the authorization 
period from 5 to 3 years so the next reauthorization can take into 
account the results of an agency evaluation of the program scheduled to 
be completed in 2012. The amendment also clarified language regarding 
granting preference in certain other SAMSA programs to States that have 
prescription drug monitoring programs.
  I would like to thank Mr. Whitfield for his leadership on this issue 
as well as Mr. Stupak--both of them have been involved with the NASPER 
bill for some time, including the original authorization--and also our 
ranking members, Shimkus and Barton.
  I urge my colleagues to join me in supporting H.R. 5710.
  I reserve the balance of my time.
  Mr. WHITFIELD. I yield myself such time as I may consume.
  Mr. Speaker, this legislation, H.R. 5710, would reauthorize the 
National All Schedules Prescription Electronic Reporting Act, known as 
NASPER, which provides grants through HHS to the States to establish 
and operate prescription drug monitoring programs.
  I also want to thank Congressman Stupak for his tremendous 
leadership. Without him we wouldn't have this bill on the floor. 
Chairman Pallone has been helpful, Ranking Members Barton and Shimkus. 
And I would also like to thank our late friend Charlie Norwood of 
Georgia, who was very much interested in this legislation.
  NASPER was designed to reduce prescription drug abuse by providing 
physicians with the tools to stop the abuse before it starts. The law 
allows physicians to provide proper medication therapy to patients 
while also cracking down on the interstate diversion of prescription 
medications.
  Importantly, the law contains safeguards to ensure this sensitive 
information is protected and accessed appropriately.
  This is an important piece of legislation. I urge all of our Members 
to support it.
  I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Michigan (Mr. Stupak), who, as I said, has been involved 
with this NASPER legislation from the beginning.
  Mr. STUPAK. I thank the gentleman for yielding me time.
  Mr. Speaker, I rise in support of this legislation. Five years ago, 
Congress passed the National All Schedules Prescription Electronic 
Reporting Act, or NASPER, into law, making it the only statutory 
authorized program to assist States in combating prescription drug 
abuse of controlled substances through prescription drug monitoring 
programs.
  Congress realized that more needed to be done to aid States to set up 
or improve symptoms that enable authorities to identify prescription 
drug abusers as well as the problem doctors who betray the high ethical 
standards of their profession by over or incorrectly prescribing 
prescription drugs.
  Five years ago, NASPER was passed with bipartisan support after many 
years of hard work by many members of our committee and Members on both 
sides of the aisle.
  Today, I'm honored to again work with my colleagues, Mr. Whitfield, 
Mr. Pallone, Mr. Shimkus, to reauthorize this important public health 
program.
  Minor but important changes have been made to the program, including 
allowing the use of grants to help States maintain their existing 
programs. This will allow cash-strapped States to continue to operate 
their monitoring programs under difficult economic times. The 
legislation will also allow territories to be eligible for grants.
  I urge my colleagues to vote in favor of this legislation.
  Mr. WHITFIELD. Mr. Speaker, I urge passage.
  I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I would like to yield such time as she may 
consume to the gentlewoman from Texas, Ms. Sheila Jackson Lee.

                              {time}  1730

  Ms. JACKSON LEE of Texas. I want to thank the manager of the bill, 
Chairman Pallone; and thank the author and, if you will, visionary of 
the bill, Mr. Stupak; and Mr. Whitfield for their leadership.
  I rise today because this is an interesting and important bit of 
legislation as relates to physicians under the Energy and Commerce and 
HHS. It's important because it helps to track or determine who might be 
an addict, and as well to engage the medical profession in helping to 
end or to stem the tide of prescription drug abuse.
  Interestingly enough, in this legislation there are privacy 
provisions, which I want to applaud and to say to all those who may be 
listening, this is a lifeline to stop the prescription drug abuse 
through legitimate medical resources and professionals, and as well for 
those who are legitimately ill, prescription drugs are prescribed and 
they find themselves addicted.
  When I left Texas in the last 24 hours, interestingly there was 
another effort going forward, Mr. Pallone, that had to do with our Drug 
Enforcement Agency, where about 10 or so sites were being set up to 
encourage people to give back old or aged drugs in their drug cabinets, 
if you will, or in their prescription cabinets, or in their medical 
cabinets at home. And these sites were in schools and community 
buildings.
  As I read of this project, which obviously this was a proud effort, 
and I want to congratulate law enforcement, I had a concern. The 
concern was privacy, whether or not this was coordinated to ensure that 
if you gave a bottle of prescription drugs that still in fact was 
filled, whether or not there was a privacy procedure of either removing 
those labels, or maybe they expected you to remove those labels, and 
then also what would be the ultimate results. If they saw someone 
returning five bottles of such and such that happened to be an 
addictive drug and their names were on it, what kind of protection, or 
what kind of treatment, or what kind of referral would these 
individuals receive? I think that's an important point.

[[Page H6852]]

  That is why I rise today on this legislation, and I look forward to 
reviewing this legislation, even as it passes, to assess whether or not 
our friends in the legal end of it, the DEA in particular, and I would 
hope maybe that the representatives from the DEA would meet with me in 
my office about their approach to ensure that it has the requirements 
and the restraints that we see in this present legislation. I want to 
congratulate the authors of this legislation because of that very fact.
  I would just like to add one other point, if I could, as I close on 
my remarks. Having not been here for the legislation to deal with H.R. 
5494, which is Ms. Norton's legislation, which talks about the National 
Park Service and Secretary of the Interior transferring certain 
properties to the District of Columbia, it may not be equal, but I do 
want to make note that the GSA is holding property that the Texas 
Military History Museum has been paying rent on or paying taxes on 
because of their belief it belongs to them, and because the GSA had 
basically lost the property or had forgotten it existed. I look forward 
to them following at least the parameters of this legislation, where 
they can transfer those assets to a very important and distinctive 
group, the Texas Military Museum Association, that has now made this a 
military museum for Texans and for America. This was certainly 
appropriate to do so.
  Finally, I want to make sure that I add my support to legislation, if 
it's coming to the floor, dealing with Rosa's Law, that is a Senate 
bill. And I will add supporting statements to the record.
  But in conclusion, I think that this legislation, H.R. 5710, is a 
model for what can be an important life saver in America, and that is 
to get people to be weaned off of addictive drugs, but have a way of 
processing and determining where those drugs are, whether there is an 
addicted person, and how they can secure care.
  So I ask my colleagues to support H.R. 5710, and I look forward to 
the Drug Enforcement Agency working with my office on the kind of 
restraints that are hopefully helpful when they have these mass 
campaigns for people to drop off old prescriptions and to make sure 
that they follow suit and do the right thing for the people of this 
country.
  Mr. PALLONE. Mr. Speaker, I urge passage of the bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 5710, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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