[Congressional Record Volume 162, Number 33 (Tuesday, March 1, 2016)]
[Senate]
[Pages S1141-S1167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3351. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       On page 48, line 19, insert after ``community 
     organizations'' the following: ``, and nonprofit 
     organizations that demonstrate the capacity to provide 
     recovery services to veterans,''.
                                 ______
                                 
  SA 3352. Mrs. CAPITO (for herself and Mr. King) submitted an 
amendment intended to be proposed by her to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 705. MEDICAID PROVIDER PARTICIPATION CERTIFICATION FOR 
                   FACILITIES TREATING INFANTS UNDER 1 YEAR OF AGE 
                   WITH NEONATAL ABSTINENCE SYNDROME.

       (a) Guidelines for Certification for Participation Under 
     Medicaid State Plans of Certain Facilities Treating Infants 
     Under 1 Year of Age With Neonatal Abstinence Syndrome.--
       (1) In general.--Not later than 6 months after the date of 
     the enactment of this section, the Secretary of Health and 
     Human Services shall establish guidelines, in accordance with 
     paragraph (2), for State agencies and recognized national 
     listing or accrediting bodies to follow for purposes of 
     certifying a residential pediatric recovery center as 
     qualifying for a provider agreement for participation under a 
     State plan under the Medicaid program under title XIX of the 
     Social Security Act (42 U.S.C. 1396 et seq.). Notwithstanding 
     any other provision of law, a residential pediatric recovery 
     center may satisfy the requirements set forth in such 
     guidelines, in lieu of any comparable requirements otherwise 
     applicable to such a center for purposes of certification for 
     participation under such a State plan.
       (2) Guidelines described.--The guidelines established under 
     paragraph (1) shall--
       (A) provide for physical environment requirements and other 
     necessary requirements specifically applicable to treating 
     individuals who are under 1 year of age with the diagnosis of 
     neonatal abstinence syndrome without any other significant 
     medical risk factors; and
       (B) take into account that certain physical environment 
     requirements, and any other requirements, needed for centers 
     or facilities treating adults may not be necessary for 
     centers or facilities treating individuals described in 
     subparagraph (A).
       (3) Residential pediatric recovery center.--For purposes of 
     this section, the term ``residential pediatric recovery 
     center'' means a center or facility that furnishes items and 
     services to infants who are under 1 year of age with the 
     diagnosis of neonatal abstinence syndrome without any other 
     significant medical risk factors and mothers of such infants.
       (b) State Law Licensure of Certain Facilities Satisfies 
     Certification Requirements.--Notwithstanding any other 
     provision of law, in the case of a State that recognizes and 
     licenses residential pediatric recovery centers (as defined 
     in subsection (a)(3)), such a center that is licensed, in 
     accordance with such State law, shall be treated as 
     satisfying any comparable requirements otherwise applicable 
     to such a center for purposes of certification for 
     participation under the State plan under the Medicaid program 
     under title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).
       (c) Sense of Congress.--It is the sense of Congress that 
     residential pediatric recovery centers (as defined in 
     subsection (a)(3)) should offer counseling and other services 
     to mothers (and other appropriate family members and 
     caretakers) of infants receiving treatment at such centers. 
     Such services may include the following:
       (1) Counseling or referrals for services.
       (2) Activities to encourage mother-infant bonding.
       (3) Training on caring for such infants.
       (4) Activities to encourage transparency of relevant State 
     mandatory reporting requirements.

[[Page S1142]]

  

                                 ______
                                 
  SA 3353. Ms. WARREN (for herself and Mrs. Capito) submitted an 
amendment intended to be proposed by her to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PRESCRIPTIONS.

       Section 309(a) of the Controlled Substances Act (21 U.S.C. 
     829(a)) is amended--
       (1) by inserting ``(1) In general.--'' before ``Except''; 
     and
       (2) by adding at the end the following:
       ``(2) Partial filling of prescriptions.--
       ``(A) In general.--A prescription for a controlled 
     substance in schedule II may be partially filled if--
       ``(i) it is requested by--

       ``(I) the practitioner that wrote the prescription by 
     making a notation on the face of the written prescription, in 
     the written record of the emergency oral prescription, or in 
     the electronic prescription record; or
       ``(II) the patient;

       ``(ii) the pharmacist partially filling the prescription 
     makes a notation of the partial filling and records it in the 
     same manner as a filling of the prescription, in accordance 
     with regulations prescribed by the Attorney General;
       ``(iii) the pharmacist partially filling the prescription 
     updates the record each time the prescription is partially 
     filled;
       ``(iv) the total quantity dispensed in all partial fillings 
     does not exceed the total quantity prescribed; and
       ``(v) the partial filling is not prohibited under the law 
     of the State in which it occurs.
       ``(B) Remaining portions.--Remaining portions of a 
     partially filled prescription--
       ``(i) may be filled; and
       ``(ii) must be exhausted not later than 30 days after the 
     date on which the prescription is issued, except in the case 
     of a partially filled emergency prescription, the remaining 
     portions of which must be exhausted not later than 72 hours 
     after the prescription is issued.''.
                                 ______
                                 
  SA 3354. Mrs. GILLIBRAND (for herself and Mrs. Capito) submitted an 
amendment intended to be proposed by her to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OPIOID PRESCRIPTION GUIDELINES.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary of Health and Human Services, acting 
     through the Director of the Centers for Disease Control and 
     Prevention, shall issue guidelines for the safe prescribing 
     of opioids for the treatment of acute pain.
                                 ______
                                 
  SA 3355. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 705. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON 
                   VETERANS TREATMENT COURTS AND VETERANS JUSTICE 
                   OUTREACH PROGRAM.

       (a) Study and Report.--Not later than 1 year after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall--
       (1) complete a study on the effectiveness of Veterans 
     Treatment Courts and the Veterans Justice Outreach Program of 
     the Department of Veterans Affairs; and
       (2) submit to Congress a report on the findings of the 
     Comptroller General with respect to the study completed under 
     paragraph (1).
       (b) Elements.--As part of the study required by subsection 
     (a), the Comptroller General shall assess the following:
       (1) The extent to which Veterans Treatment Courts--
       (A) provide a benefit to veterans with a mental illness or 
     substance abuse problem; and
       (B) provide timely access to services furnished by the 
     Veterans Health Administration.
       (2) The number of Veterans Treatment Courts in operation.
       (3) The number of Veterans Treatment Courts in the process 
     of being established.
       (4) Whether there are sufficient numbers of Veterans 
     Justice Outreach Specialists assigned, under the Veterans 
     Justice Outreach Program of the Department of Veterans 
     Affairs, to Veterans Treatment Courts.
       (5) The number of veterans assigned to each Veterans 
     Justice Outreach Specialist that is assigned to a Veterans 
     Treatment Court.
       (6) Whether having additional Veterans Justice Outreach 
     Specialists will allow veterans to better access services 
     furnished by the Veterans Health Administration and will 
     allow for the establishment of additional Veterans Treatment 
     Courts.
                                 ______
                                 
  SA 3356. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STUDY ON DRUG TRAFFICKING.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct a study and submit a report to Congress on the impact 
     that the trafficking of narcotics, specifically opioids and 
     methamphetamine, through States that border Mexico has on 
     substance abuse of narcotics by the residents of such States.
                                 ______
                                 
  SA 3357. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONTROLLED SUBSTANCE MONITORING PROGRAM.

       (a) Amendment to National All Schedule Prescription 
     Reporting Act of 2005.--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''.
       (b) Amendments to Public Health Service Act.--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'';
       (iii) by redesignating clauses (iii) and (iv) as clauses 
     (iv) and (v), respectively;
       (iv) by inserting after clause (ii), the following:
       ``(iii) a plan to apply the latest advances in health 
     information technology in order to incorporate prescription 
     drug monitoring program data directly into the workflow of 
     prescribers and dispensers to ensure timely access to 
     patients' controlled prescription drug history;'';
       (v) in clause (iv) (as so redesignated), by inserting 
     before the semicolon the following: ``and at least one health 
     information technology system such as electronic health 
     records, health information exchanges, and e-prescribing 
     systems''; and
       (vi) in clause (v) (as so redesignated), 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. The State shall also describe the manner in 
     which it will achieve interoperability between its monitoring 
     program and health information technology systems, as 
     allowable under State law, and include timelines for the 
     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).''; and

[[Page S1143]]

       (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 subsection (d)--
       (A) in the matter preceding paragraph (1)--
       (i) 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)''; 
     and
       (ii) by striking ``public health'' and inserting ``public 
     health or public safety''; and
       (B) by adding at the end the following:
       ``(5) The State shall report on interoperability with the 
     controlled substance monitoring program of Federal agencies, 
     where appropriate, interoperability with health information 
     technology systems such as electronic health records, health 
     information exchanges, and e-prescribing, where appropriate, 
     and whether or not the State provides automatic, real-time or 
     daily information about a patient when a practitioner (or the 
     designee of a practitioner, where permitted) requests 
     information about such patient.'';
       (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 Substances 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 striking subsection (k);
       (8) by redesignating subsections (h) through (j) as 
     subsections (i) through (k), respectively;
       (9) in subsections (c)(1)(A)(iv) and (d)(4), by striking 
     ``subsection (h)'' each place it appears and inserting 
     ``subsection (i)'';
       (10) 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 and dispenser use of the 
     State's controlled substance monitoring system; and
       ``(2) educate prescribers and dispenser on the benefits of 
     the system both to them and society.'';
       (11) in subsection (k)(2)(A), as redesignated--
       (A) in clause (ii), by striking ``or affected'' and 
     inserting ``, established or strengthened initiatives to 
     ensure linkages to substance use disorder services, or 
     affected''; and
       (B) in clause (iii), by striking ``including an 
     assessment'' and inserting ``between controlled substance 
     monitoring programs and health information technology 
     systems, and including an assessment'';
       (12) in subsection (l)(1), by striking ``establishment, 
     implementation, or improvement'' and inserting 
     ``establishment, improvement, or maintenance'';
       (13) in subsection (m)(8), by striking ``and the District 
     of Columbia'' and inserting ``, the District of Columbia, and 
     any commonwealth or territory of the United States''; and
       (14) by amending subsection (n), to read as follows:
       ``(n) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated $7,000,000 
     for each of fiscal years 2016 through 2020.''.
                                 ______
                                 
  SA 3358. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       On page 38, line 19, strike ``other clinically appropriate 
     services,'' and insert ``other clinically appropriate 
     services and through the establishment of treatment centers 
     that operate 24 hours a day, 7 days a week, to provide access 
     to behavioral health treatment,''.
                                 ______
                                 
  SA 3359. Mr. CARDIN (for himself, Mr. Blumenthal, and Mr. Sanders) 
submitted an amendment intended to be proposed by him to the bill S. 
524, to authorize the Attorney General to award grants to address the 
national epidemics of prescription opioid abuse and heroin use; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. GAO REPORT REGARDING NALOXONE.

       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--
       (1) the increase in the price of naloxone over the 5 years 
     preceding the date of enactment of this Act; and
       (2) the impact of such price increase on the ability of 
     States and local health departments to reduce the number of 
     deaths due to opioid overdose.
                                 ______
                                 
  SA 3360. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end, add the following:

                  TITLE __--DEMOCRACY RESTORATION ACT

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Democracy Restoration Act 
     of 2016''.

     SEC. __2. FINDINGS.

       Congress makes the following findings:
       (1) The right to vote is the most basic constitutive act of 
     citizenship. Regaining the right to vote reintegrates 
     individuals with criminal convictions into free society, 
     helping to enhance public safety.
       (2) Article I, section 4, of the Constitution grants 
     Congress ultimate supervisory power over Federal elections, 
     an authority which has repeatedly been upheld by the United 
     States Supreme Court.
       (3) Basic constitutional principles of fairness and equal 
     protection require an equal opportunity for citizens of the 
     United States to vote in Federal elections. The right to vote 
     may not be abridged or denied by the United States or by any 
     State on account of race, color, gender, or previous 
     condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 
     26th Amendments to the Constitution empower Congress to enact 
     measures to protect the right to vote in Federal elections. 
     The 8th Amendment to the Constitution provides for no 
     excessive bail to be required, nor excessive fines imposed, 
     nor cruel and unusual punishments inflicted.
       (4) There are 3 areas where discrepancies in State laws 
     regarding criminal convictions lead to unfairness in Federal 
     elections--
       (A) the lack of a uniform standard for voting in Federal 
     elections leads to an unfair disparity and unequal 
     participation in Federal elections based solely on where a 
     person lives;
       (B) laws governing the restoration of voting rights after a 
     criminal conviction vary throughout the country and persons 
     in some States can easily regain their voting rights while in 
     other States persons effectively lose their right to vote 
     permanently; and
       (C) State disenfranchisement laws disproportionately impact 
     racial and ethnic minorities.
       (5) Two States do not disenfranchise individuals with 
     criminal convictions at all (Maine and Vermont), but 48 
     States and the District of Columbia have laws that deny 
     convicted individuals the right to vote while they are in 
     prison.
       (6) In some States disenfranchisement results from varying 
     State laws that restrict voting while individuals are under 
     the supervision of the criminal justice system or after they 
     have completed a criminal sentence. In 35 States, convicted 
     individuals may not vote while they are on parole and 31 of 
     those States disenfranchise individuals on felony probation 
     as well. In 11 States, a conviction can result in lifetime 
     disenfranchisement.
       (7) Several States deny the right to vote to individuals 
     convicted of certain misdemeanors.
       (8) An estimated 5,850,000 citizens of the United States, 
     or about 1 in 40 adults in the United States, currently 
     cannot vote as a result of a felony conviction. Of the 
     5,850,000 citizens barred from voting, only 25 percent are in 
     prison. By contrast, 75 percent of the disenfranchised reside 
     in their communities while on probation or parole or after 
     having completed their sentences. Approximately 2,600,000 
     citizens who have completed their sentences remain 
     disenfranchised due to restrictive State laws. In 6 States--
     Alabama, Florida, Kentucky, Mississippi, Tennessee, and 
     Virginia--more than 7 percent of the total population is 
     disenfranchised.
       (9) In those States that disenfranchise individuals post-
     sentence, the right to vote can be regained in theory, but in 
     practice this possibility is often granted in a non-uniform 
     and potentially discriminatory manner. Disenfranchised 
     individuals must either obtain a pardon or an order from the 
     Governor or an action by the parole or pardon board, 
     depending on the offense and State. Individuals convicted of 
     a Federal offense often have additional barriers to regaining 
     voting rights.
       (10) State disenfranchisement laws disproportionately 
     impact racial and ethnic minorities. Eight percent of the 
     African-American population, or 2,000,000 African-Americans, 
     are disenfranchised. Given current rates of incarceration, 
     approximately 1 in 3 of the next generation of African-
     American men will be disenfranchised at some point

[[Page S1144]]

     during their lifetime. Currently, 1 of every 13 African-
     Americans are rendered unable to vote because of felony 
     disenfranchisement, which is a rate 4 times greater than non 
     African-Americans. 7.7 percent of African-Americans are 
     disenfranchised whereas only 1.8 percent of non African-
     Americans are. In 3 States--Florida (23 percent), Kentucky 
     (22 percent), and Virginia (20 percent)--more than 1 in 5 
     African-Americans are unable to vote because of prior 
     convictions.
       (11) Latino citizens are disproportionately disenfranchised 
     based upon their disproportionate representation in the 
     criminal justice system. If current incarceration trends 
     hold, 17 percent of Latino men will be incarcerated during 
     their lifetimes, in contrast to less than 6 percent of non-
     Latino White men. When analyzing the data across 10 States, 
     Latinos generally have disproportionately higher rates of 
     disenfranchisement compared to their presence in the voting 
     age population. In 6 out of 10 States studied in 2003, 
     Latinos constitute more than 10 percent of the total number 
     of persons disenfranchised by State felony laws. In 4 States 
     (California, 37 percent; New York, 34 percent; Texas, 30 
     percent; and Arizona, 27 percent), Latinos were 
     disenfranchised by a rate of more than 25 percent.
       (12) Disenfranchising citizens who have been convicted of a 
     criminal offense and who are living and working in the 
     community serves no compelling State interest and hinders 
     their rehabilitation and reintegration into society.
       (13) State disenfranchisement laws can suppress electoral 
     participation among eligible voters by discouraging voting 
     among family and community members of disenfranchised 
     persons. Future electoral participation by the children of 
     disenfranchised parents may be impacted as well.
       (14) The United States is the only Western democracy that 
     permits the permanent denial of voting rights for individuals 
     with felony convictions.

     SEC. __3. RIGHTS OF CITIZENS.

       The right of an individual who is a citizen of the United 
     States to vote in any election for Federal office shall not 
     be denied or abridged because that individual has been 
     convicted of a criminal offense unless such individual is 
     serving a felony sentence in a correctional institution or 
     facility at the time of the election.

     SEC. __4. ENFORCEMENT.

       (a) Attorney General.--The Attorney General may, in a civil 
     action, obtain such declaratory or injunctive relief as is 
     necessary to remedy a violation of this title.
       (b) Private Right of Action.--
       (1) In general.--A person who is aggrieved by a violation 
     of this title may provide written notice of the violation to 
     the chief election official of the State involved.
       (2) Relief.--Except as provided in paragraph (3), if the 
     violation is not corrected within 90 days after receipt of a 
     notice under paragraph (1), or within 20 days after receipt 
     of the notice if the violation occurred within 120 days 
     before the date of an election for Federal office, the 
     aggrieved person may, in a civil action, obtain declaratory 
     or injunctive relief with respect to the violation.
       (3) Exception.--If the violation occurred within 30 days 
     before the date of an election for Federal office, the 
     aggrieved person need not provide notice to the chief 
     election official of the State under paragraph (1) before 
     bringing a civil action to obtain declaratory or injunctive 
     relief with respect to the violation.

     SEC. __5. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

       (a) State Notification.--
       (1) Notification.--On the date determined under paragraph 
     (2), each State shall notify in writing any individual who 
     has been convicted of a criminal offense under the law of 
     that State that such individual has the right to vote in an 
     election for Federal office pursuant to the Democracy 
     Restoration Act of 2016 and may register to vote in any such 
     election.
       (2) Date of notification.--
       (A) Felony conviction.--In the case of such an individual 
     who has been convicted of a felony, the notification required 
     under paragraph (1) shall be given on the date on which the 
     individual--
       (i) is sentenced to serve only a term of probation; or
       (ii) is released from the custody of that State (other than 
     to the custody of another State or the Federal Government to 
     serve a term of imprisonment for a felony conviction).
       (B) Misdemeanor conviction.--In the case of such an 
     individual who has been convicted of a misdemeanor, the 
     notification required under paragraph (1) shall be given on 
     the date on which such individual is sentenced by a State 
     court.
       (b) Federal Notification.--
       (1) Notification.--Any individual who has been convicted of 
     a criminal offense under Federal law shall be notified in 
     accordance with paragraph (2) that such individual has the 
     right to vote in an election for Federal office pursuant to 
     the Democracy Restoration Act of 2016 and may register to 
     vote in any such election.
       (2) Date of notification.--
       (A) Felony conviction.--In the case of such an individual 
     who has been convicted of a felony, the notification required 
     under paragraph (1) shall be given--
       (i) in the case of an individual who is sentenced to serve 
     only a term of probation, by the Assistant Director for the 
     Office of Probation and Pretrial Services of the 
     Administrative Office of the United States Courts on the date 
     on which the individual is sentenced; or
       (ii) in the case of any individual committed to the custody 
     of the Bureau of Prisons, by the Director of the Bureau of 
     Prisons, during the period beginning on the date that is 6 
     months before such individual is released and ending on the 
     date such individual is released from the custody of the 
     Bureau of Prisons.
       (B) Misdemeanor conviction.--In the case of such an 
     individual who has been convicted of a misdemeanor, the 
     notification required under paragraph (1) shall be given on 
     the date on which such individual is sentenced by a court 
     established by an Act of Congress.

     SEC. __6. DEFINITIONS.

       For purposes of this title:
       (1) Correctional institution or facility.--The term 
     ``correctional institution or facility'' means any prison, 
     penitentiary, jail, or other institution or facility for the 
     confinement of individuals convicted of criminal offenses, 
     whether publicly or privately operated, except that such term 
     does not include any residential community treatment center 
     (or similar public or private facility).
       (2) Election.--The term ``election'' means--
       (A) a general, special, primary, or runoff election;
       (B) a convention or caucus of a political party held to 
     nominate a candidate;
       (C) a primary election held for the selection of delegates 
     to a national nominating convention of a political party; or
       (D) a primary election held for the expression of a 
     preference for the nomination of persons for election to the 
     office of President.
       (3) Federal office.--The term ``Federal office'' means the 
     office of President or Vice President of the United States, 
     or of Senator or Representative in, or Delegate or Resident 
     Commissioner to, the Congress of the United States.
       (4) Probation.--The term ``probation'' means probation, 
     imposed by a Federal, State, or local court, with or without 
     a condition on the individual involved concerning--
       (A) the individual's freedom of movement;
       (B) the payment of damages by the individual;
       (C) periodic reporting by the individual to an officer of 
     the court; or
       (D) supervision of the individual by an officer of the 
     court.

     SEC. __7. RELATION TO OTHER LAWS.

       (a) State Laws Relating to Voting Rights.--Nothing in this 
     title shall be construed to prohibit the States from enacting 
     any State law which affords the right to vote in any election 
     for Federal office on terms less restrictive than those 
     established by this title.
       (b) Certain Federal Acts.--The rights and remedies 
     established by this title are in addition to all other rights 
     and remedies provided by law, and neither rights and remedies 
     established by this title shall supersede, restrict, or limit 
     the application of the Voting Rights Act of 1965 (42 U.S.C. 
     1973 et seq.) or the National Voter Registration Act (42 
     U.S.C. 1973-gg).

     SEC. __8. FEDERAL PRISON FUNDS.

       No State, unit of local government, or other person may 
     receive or use, to construct or otherwise improve a prison, 
     jail, or other place of incarceration, any Federal funds 
     unless that person has in effect a program under which each 
     individual incarcerated in that person's jurisdiction who is 
     a citizen of the United States is notified, upon release from 
     such incarceration, of that individual's rights under section 
     __3.

     SEC. __9. EFFECTIVE DATE.

       This title shall apply to citizens of the United States 
     voting in any election for Federal office held after the date 
     of the enactment of this title.
                                 ______
                                 
  SA 3361. Mr. CARDIN (for himself and Mr. Heller) submitted an 
amendment intended to be proposed by him to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MEDICARE PAYMENT FOR THERAPY SERVICES.

       (a) Repeal of Therapy Cap and 1-year Extension of Threshold 
     for Manual Medical Review.--Section 1833(g) of the Social 
     Security Act (42 U.S.C. 1395l(g)) is amended--
       (1) in paragraph (4)--
       (A) by striking ``This subsection'' and inserting ``Except 
     as provided in paragraph (5)(C)(iii), this subsection''; and
       (B) by inserting the following before the period at the 
     end: ``or with respect to services furnished on or after the 
     date of enactment of subsection (aa)''; and
       (2) in paragraph (5)--
       (A) in subparagraph (A), in the first sentence, by striking 
     ``December 31, 2017'' and inserting ``the date of enactment 
     of the Comprehensive Addiction and Recovery Act of 2016''; 
     and
       (B) in subparagraph (C), by adding at the end the following 
     new clause:

[[Page S1145]]

       ``(iii) Beginning on the date of enactment of subsection 
     (aa) and ending on the day before the date of the 
     implementation of such subsection, the manual medical review 
     process described in clause (i), subject to subparagraph (E), 
     shall apply with respect to expenses incurred in a year for 
     services described in paragraphs (1) and (3) (including 
     services described in subsection (a)(8)(B)) that exceed the 
     threshold described in clause (ii) for the year.''; and
       (3) in paragraph (6)(A)--
       (A) by striking ``December 31, 2017'' and inserting ``the 
     date of enactment of the Comprehensive Addiction and Recovery 
     Act of 2016''; and
       (B) by striking ``2012 through 2017'' and inserting ``the 
     period beginning on January 1, 2012, and ending on such date 
     of enactment''.
       (b) Medical Review of Outpatient Therapy Services.--
       (1) Medical review of outpatient therapy services.--Section 
     1833 of the Social Security Act (42 U.S.C. 1395l) is amended 
     by adding at the end the following new subsection:
       ``(aa) Medical Review of Outpatient Therapy Services.--
       ``(1) In general.--
       ``(A) Process for medical review.--The Secretary shall 
     implement a process for the medical review (as described in 
     paragraph (2)) of outpatient therapy services (as defined in 
     paragraph (10)) and, subject to paragraph (12), apply such 
     process to such services furnished on or after the date that 
     is 12 months after the date of enactment of this subsection, 
     focusing on services identified under subparagraph (B).
       ``(B) Identification of services for review.--Under the 
     process, the Secretary shall identify services for medical 
     review, using such factors as the Secretary determines 
     appropriate, which may include the following:
       ``(i) Services furnished by a therapy provider (as defined 
     in paragraph (10)) who, in a prior period, has had a high 
     claims denial percentage or is less compliant with other 
     applicable requirements under this title.
       ``(ii) Services furnished by a therapy provider whose 
     pattern of billing is aberrant compared to peers or otherwise 
     has questionable billing practices, such as billing medically 
     unlikely units of services in a day.
       ``(iii) Services furnished by a therapy provider that is 
     newly enrolled under this title or has not previously 
     furnished therapy services under this part.
       ``(iv) Services furnished to treat a type of medical 
     condition.
       ``(v) Services identified by use of the standardized data 
     elements required to be reported under section 1834(t).
       ``(vi) Services furnished by a therapy provider who is part 
     of a group that includes a therapy provider identified by 
     factors described in this subparagraph.
       ``(vii) Other services as determined appropriate by the 
     Secretary.
       ``(2) Medical review.--
       ``(A) Prior authorization medical review.--
       ``(i) In general.--Subject to the succeeding provisions of 
     this subparagraph, the Secretary shall use prior 
     authorization medical review for outpatient therapy services 
     furnished to an individual above one or more thresholds 
     established by the Secretary, such as a dollar threshold or a 
     threshold based on other factors.
       ``(ii) Ending application of prior authorization for a 
     therapy provider.--The Secretary shall end the application of 
     prior authorization medical review to outpatient therapy 
     services furnished by a therapy provider if the Secretary 
     determines that the provider has a low denial rate under such 
     prior authorization. The Secretary may subsequently reapply 
     prior authorization medical review to such therapy provider 
     if the Secretary determines it to be appropriate.
       ``(iii) Prior authorization of multiple services.--The 
     Secretary shall, where practicable, provide for prior 
     authorization medical review for multiple services at a 
     single time, such as services in a therapy plan of care 
     described in section 1861(p)(2).
       ``(B) Other types of medical review.--The Secretary may use 
     pre-payment review or post-payment review for services 
     identified under paragraph (1)(B) that are not subject to 
     prior authorization medical review under subparagraph (A).
       ``(C) Relationship to law enforcement activities.--The 
     Secretary may determine that medical review under this 
     subsection does not apply in the case where potential fraud 
     may be involved.
       ``(3) Review contractors.--The Secretary shall conduct 
     prior authorization medical review of outpatient therapy 
     services under this subsection using medicare administrative 
     contractors (as described in section 1874A) or other review 
     contractors (other than contractors under section 1893(h) or 
     other contractors paid on a contingent basis).
       ``(4) No payment without prior authorization.--With respect 
     to an outpatient therapy service for which prior 
     authorization medical review under this subsection applies, 
     the following shall apply:
       ``(A) Prior authorization determination.--The Secretary 
     shall make a determination, prior to the service being 
     furnished, of whether the service would or would not meet the 
     applicable requirements of section 1862(a)(1)(A).
       ``(B) Denial of payment.--Subject to paragraph (6), no 
     payment shall be made under this part for the service unless 
     the Secretary determines pursuant to subparagraph (A) that 
     the service would meet the applicable requirements of such 
     section.
       ``(5) Submission of information.--A therapy provider may 
     submit the information necessary for medical review by fax, 
     by mail, or by electronic means. The Secretary shall make 
     available the electronic means described in the preceding 
     sentence as soon as practicable, but not later than 24 months 
     after the date of enactment of this subsection.
       ``(6) Timeliness.--If the Secretary does not make a prior 
     authorization determination under paragraph (4)(A) within 10 
     business days of the date of the Secretary's receipt of 
     medical documentation needed to make such determination, 
     paragraph (4)(B) shall not apply.
       ``(7) Construction.--With respect to an outpatient therapy 
     service that has been affirmed by medical review under this 
     subsection, nothing in this subsection shall be construed to 
     preclude the subsequent denial of a claim for such service 
     that does not meet other applicable requirements under this 
     Act or any other provision of law.
       ``(8) Beneficiary protections.--In the case where payment 
     may not be made as a result of application of medical review 
     under this subsection, section 1879 shall apply in the same 
     manner as such section applies to a denial that is made by 
     reason of section 1862(a)(1).
       ``(9) Implementation.--
       ``(A) Authority.--The Secretary may implement the 
     provisions of this subsection by interim final rule with 
     comment period.
       ``(B) Administration.--Chapter 35 of title 44, United 
     States Code, shall not apply to medical review under this 
     subsection.
       ``(C) Limitation.--There shall be no administrative or 
     judicial review under section 1869, section 1878, or 
     otherwise of the identification of services for medical 
     review or the process for medical review under this 
     subsection.
       ``(10) Definitions.--For purposes of this subsection:
       ``(A) Outpatient therapy services.--The term `outpatient 
     therapy services' means the following services for which 
     payment is made under section 1848, 1834(g), or 1834(k):
       ``(i) Physical therapy services of the type described in 
     section 1861(p).
       ``(ii) Speech-language pathology services of the type 
     described in such section though the application of section 
     1861(ll)(2).
       ``(iii) Occupational therapy services of the type described 
     in section 1861(p) through the operation of section 1861(g).
       ``(B) Therapy provider.--The term `therapy provider' means 
     a provider of services (as defined in section 1861(u)) or a 
     supplier (as defined in section 1861(d)) who submits a claim 
     for outpatient therapy services.
       ``(11) Funding.--For purposes of implementing this 
     subsection, the Secretary shall provide for the transfer, 
     from the Federal Supplementary Medical Insurance Trust Fund 
     under section 1841, of $35,000,000 to the Centers for 
     Medicare & Medicaid Services Program Management Account for 
     each fiscal year (beginning with fiscal year 2016). Amounts 
     transferred under this paragraph shall remain available until 
     expended.
       ``(12) Scaling back.--
       ``(A) Periodic determinations.--Beginning with 2020, and 
     every two years thereafter, the Secretary shall--
       ``(i) make a determination of the improper payment rate for 
     outpatient therapy services for a 12-month period; and
       ``(ii) make such determination publicly available.
       ``(B) Scaling back.--If the improper payment rate for 
     outpatient therapy services determined for a 12-month period 
     under subparagraph (A) is 50 percent or less of the Medicare 
     fee-for-service improper payment rate for such period, the 
     Secretary shall--
       ``(i) reduce the amount and extent of medical review 
     conducted for a prospective year under the process 
     established in this subsection; and
       ``(ii) return an appropriate portion of the funding 
     provided for such year under paragraph (11).''.
       (2) GAO study and report.--
       (A) Study.--The Comptroller General of the United States 
     shall conduct a study on the effectiveness of medical review 
     of outpatient therapy services under section 1833(aa) of the 
     Social Security Act, as added by paragraph (1). Such study 
     shall include an analysis of--
       (i) aggregate data on--

       (I) the number of individuals, therapy providers, and 
     claims subject to such review; and
       (II) the number of reviews conducted under such section; 
     and

       (ii) the outcomes of such reviews.
       (B) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report containing the results of the study 
     under subparagraph (A), together with recommendations for 
     such legislation and administrative action as the Comptroller 
     General determines appropriate.
       (c) Collection of Standardized Data Elements for Outpatient 
     Therapy Services.--
       (1) Collection of standardized data elements for outpatient 
     therapy services.--Section 1834 of the Social Security Act 
     (42 U.S.C. 1395m) is amended by adding at the end the 
     following new subsection:
       ``(t) Collection of Standardized Data Elements for 
     Outpatient Therapy Services.--

[[Page S1146]]

       ``(1) Standardized data elements.--
       ``(A) In general.--Not later than 6 months after the date 
     of enactment of this subsection, the Secretary shall post on 
     the Internet website of the Centers for Medicare & Medicaid 
     Services a draft list of standardized data elements for 
     individuals receiving outpatient therapy services.
       ``(B) Categories.--
       ``(i) In general.--Such standardized data elements shall 
     include information with respect to the following categories, 
     as determined appropriate by the Secretary:

       ``(I) Functional status.
       ``(II) Demographic information.
       ``(III) Diagnosis.
       ``(IV) Severity.
       ``(V) Affected body structures and functions.
       ``(VI) Limitations with activities of daily living and 
     participation.
       ``(VII) Other categories determined to be appropriate by 
     the Secretary.

       ``(ii) Alignment with categories for reporting of 
     assessment data under impact.--The Secretary shall, as 
     appropriate, align the functional status category under 
     subclause (I) of clause (i) and the other categories under 
     subclauses (II) through (VII) of such clause with the 
     categories described in clauses (i) through (vi) of section 
     1899B(b)(1)(B).
       ``(C) Solicitation of input.--The Secretary shall accept 
     input from stakeholders through the date that is 60 days 
     after the date the Secretary posts the draft list of 
     standardized data elements pursuant to subparagraph (A). In 
     seeking such input, the Secretary shall use one or more 
     mechanisms to solicit input from stakeholders that may 
     include use of open door forums, town hall meetings, requests 
     for information, or other mechanisms determined appropriate 
     by the Secretary.
       ``(D) Operational list of standardized data elements.--Not 
     later than 120 days after the end of the period for accepting 
     input described in subparagraph (C), the Secretary, taking 
     into account such input, shall post on the Internet website 
     of the Centers for Medicare & Medicaid Services an 
     operational list of standardized data elements.
       ``(E) Subsequent revisions.--Subsequent revisions to the 
     operational list of standardized data elements shall be made 
     through rulemaking. Such revisions may be based on experience 
     and input from stakeholders.
       ``(2) System to report standardized data elements.--
       ``(A) In general.--Not later than 18 months after the date 
     the Secretary posts the operational list of standardized data 
     elements pursuant to paragraph (1)(D), the Secretary shall 
     develop and implement an electronic system (which may be a 
     web portal) for therapy providers to report the standardized 
     data elements for individuals with respect to outpatient 
     therapy services.
       ``(B) Stakeholder input.--The Secretary shall seek input 
     from stakeholders regarding the best way to report the 
     standardized data elements under this subsection.
       ``(3) Reporting.--
       ``(A) Frequency of reporting.--
       ``(i) In general.--Subject to clauses (ii) and (iii), the 
     Secretary shall specify the frequency of reporting 
     standardized data elements under this subsection.
       ``(ii) Stakeholder input.--The Secretary shall seek input 
     from stakeholders regarding the frequency of the reporting of 
     such data elements.
       ``(iii) Alignment with frequency for reporting of 
     assessment data under impact.--The Secretary shall, as 
     appropriate, align the frequency of the reporting of such 
     data elements with respect to an individual under this 
     subsection with the frequency in which data is required to be 
     submitted with respect to an individual under the second 
     sentence of section 1899B(b)(1)(A).
       ``(B) Reporting requirement.--Beginning on the date the 
     system to report standardized data elements under this 
     subsection is operational, no payment shall be made under 
     this part for outpatient therapy services furnished to an 
     individual unless a therapy provider reports the standardized 
     data elements for such individual.
       ``(4) Report on new payment system for outpatient therapy 
     services.--
       ``(A) In general.--Not later than 24 months after the date 
     described in paragraph (3)(B), the Secretary shall submit to 
     Congress a report on the design of a new payment system for 
     outpatient therapy services. The report shall include an 
     analysis of the standardized data elements collected and 
     other appropriate data and information.
       ``(B) Features.--Such report shall consider--
       ``(i) appropriate adjustments to payment (such as case mix 
     and outliers);
       ``(ii) payments on an episode of care basis; and
       ``(iii) reduced payment for multiple episodes.
       ``(C) Consultation.--The Secretary shall consult with 
     stakeholders regarding the design of such a new payment 
     system.
       ``(5) Implementation.--
       ``(A) Funding.--For purposes of implementing this 
     subsection, the Secretary shall provide for the transfer, 
     from the Federal Supplementary Medical Insurance Trust Fund 
     under section 1841, of $7,000,000 to the Centers for Medicare 
     & Medicaid Services Program Management Account for each of 
     fiscal years 2016 through 2020. Amounts transferred under 
     this subparagraph shall remain available until expended.
       ``(B) Administration.--Chapter 35 of title 44, United 
     States Code, shall not apply to specification of the 
     standardized data elements and implementation of the system 
     to report such standardized data elements under this 
     subsection.
       ``(C) Limitation.--There shall be no administrative or 
     judicial review under section 1869, section 1878, or 
     otherwise of the specification of standardized data elements 
     required under this subsection or the system to report such 
     standardized data elements.
       ``(D) Definition of outpatient therapy services and therapy 
     provider.--In this subsection, the terms `outpatient therapy 
     services' and `therapy provider' have the meaning given those 
     terms in section 1833(aa).''.
       (2) Sunset of current claims-based collection of therapy 
     data.--Section 3005(g)(1) of the Middle Class Tax Extension 
     and Job Creation Act of 2012 (42 U.S.C. 1395l note) is 
     amended, in the first sentence, by inserting ``and ending on 
     the date the system to report standardized data elements 
     under section 1834(t) of the Social Security Act (42 U.S.C. 
     1395m(t)) is implemented,'' after ``January 1, 2013,''.
       (d) Reporting of Certain Information.--Section 1842(t) of 
     the Social Security Act (42 U.S.C. 1395u(t)) is amended by 
     adding at the end the following new paragraph:
       ``(3) Each request for payment, or bill submitted, by a 
     therapy provider (as defined in section 1833(aa)(10)) for an 
     outpatient therapy service (as defined in such section) 
     furnished by a therapy assistant on or after January 1, 2018, 
     shall include (in a form and manner specified by the 
     Secretary) an indication that the service was furnished by a 
     therapy assistant.''.
                                 ______
                                 
  SA 3362. Mrs. FEINSTEIN (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

              TITLE __--TRANSNATIONAL DRUG TRAFFICKING ACT

     SEC. 01. SHORT TITLE.

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

     SEC. _02. 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. _03. 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).''.
                                 ______
                                 
  SA 3363. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. GUIDANCE REGARDING GENERIC DRUGS WITH ABUSE-
                   DETERRENT PROPERTIES.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Health and Human Services, acting 
     through the Commissioner of Food and Drugs, shall issue 
     guidance regarding the development and testing of drugs that 
     have abuse-deterrent properties and may be submitted for 
     approval under section 505(j) of the Federal

[[Page S1147]]

     Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)).
                                 ______
                                 
  SA 3364. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the appropriate place in title I, insert the following:

     SEC. __. SAFE STORAGE OF PRESCRIPTION MEDICINES.

       (a) Guidelines.--The Director of the Centers for Disease 
     Control and Prevention shall issue guidelines for health care 
     providers regarding the safe storage of prescription 
     medications in the home.
       (b) Study and Report.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study on how individuals who seek treatment, 
     through Federal programs, for opioid abuse or overdose obtain 
     prescription medications.
       (2) Report.--The Comptroller General shall submit a report 
     containing the results of the study to Congress.
                                 ______
                                 
  SA 3365. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       In section 101, strike subsection (c)(5) and all that 
     follows through the end of the section, and insert the 
     following:
       (5) representatives of hospitals;
       (6) representatives of--
       (A) pain management professional organizations;
       (B) the mental health treatment community;
       (C) the addiction treatment community;
       (D) pain advocacy groups;
       (E) groups with expertise around overdose reversal;
       (F) State agencies that manage State prescription drug 
     monitoring programs; and
       (G) State agencies that administer grants under subpart II 
     of part B of title XIX of the Public Health Service Act (42 
     U.S.C. 300x-21 et seq.); and
       (7) 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;
       (E) whether the State prescription drug monitoring programs 
     are sufficiently available, functional, and useful to be 
     integrated into the process for prescribing pain medication; 
     and
       (F) 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);
       (2) the results of a feasibility study on linking the best 
     practices described in paragraph (1) to receiving and 
     renewing registrations under section 303(f) of the Controlled 
     Substances Act (21 U.S.C. 823(f)); and
       (3) 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.
       (g) GAO Report on State Prescription Drug Monitoring 
     Programs.--Not later than 1 year after the date of enactment 
     of this Act, the Comptroller General of the United States 
     shall prepare and submit to Congress a report examining the 
     variations that exist across State prescription drug 
     monitoring programs. In preparing the report, the Comptroller 
     General shall determine best practices among State 
     prescription drug monitoring programs, and examine State 
     strategies to increase queries to such programs by health 
     care providers. The Comptroller General shall include in the 
     report recommendations about how the best practices may be 
     replicated in other State prescription drug monitoring 
     programs and whether there should be Federal minimum 
     standards in place to facilitate access to, requests for data 
     to, data transmission from, and information exchange among 
     the programs.
                                 ______
                                 
  SA 3366. Mr. LANKFORD (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       On page 4, line 20, after the period insert the following: 
     ``As such, in order to stem the tide of heroin coming into 
     the United States, interdiction at the Mexican border must be 
     a priority.''.
                                 ______
                                 
  SA 3367. Mr. TOOMEY (for himself, Mr. Brown, Mr. Kaine, and Mr. 
Portman) submitted an amendment intended to be proposed by him to the 
bill S. 524, to authorize the Attorney General to award grants to 
address the national epidemics of prescription opioid abuse and heroin 
use; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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).

[[Page S1148]]

       ``(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

[[Page S1149]]

     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

[[Page S1150]]

     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).
                                 ______
                                 
  SA 3368. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 705. RELATIVE DRUG INTERDICTION NEEDS AS PRIMARY FACTOR 
                   IN ALLOCATION TO STATES OF FUNDS FOR NATIONAL 
                   GUARD DRUG INTERDICTION AND COUNTER-DRUG 
                   ACTIVITIES.

       Section 112 of title 32, United States Code, is amended--
       (1) by redesignating subsections (f), (g), and (h) as 
     subsections (g), (h), and (i), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Provision of Funds to States Based on Relative Drug 
     Interdiction Needs.--In providing funds to States under this 
     section, the Secretary shall use as a primary factor in 
     allocating such funds the relative drug interdiction needs of 
     the States (as reflected in the State drug interdiction and 
     counter-drug activities plans of the States under subsection 
     (c)).''.
                                 ______
                                 
  SA 3369. Mr. CORNYN (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed by him to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

        TITLE VIII--MENTAL HEALTH AND SUBSTANCE ABUSE REFORM ACT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Mental Health and 
     Substance Abuse Reform Act of 2016''.

     SEC. 802. ASSISTANCE FOR INDIVIDUALS TRANSITIONING OUT OF 
                   SYSTEMS.

       Section 2976(f) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797w(f)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) provide mental health treatment and transitional 
     services for those with mental illnesses or with co-occurring 
     disorders, including housing placement or assistance.''.

     SEC. 803. CO-OCCURRING SUBSTANCE ABUSE AND MENTAL HEALTH 
                   CHALLENGES IN DRUG COURTS.

       Part EE of title I of Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797u et seq.) is amended--
       (1) in section 2951(a)(1) (42 U.S.C. 3797u(a)(1)), by 
     inserting ``, including co-occurring substance abuse and 
     mental health problems,'' after ``problems''; and
       (2) in section 2959(a) (42 U.S.C. 3797u-8(a)), by inserting 
     ``, including training for drug court personnel and officials 
     on identifying and addressing co-occurring substance abuse 
     and mental health problems'' after ``part''.

     SEC. 804. CO-OCCURRING SUBSTANCE ABUSE AND MENTAL HEALTH 
                   CHALLENGES IN RESIDENTIAL SUBSTANCE ABUSE 
                   TREATMENT PROGRAMS.

       Section 1901(a) of title I of Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796ff(a)) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) developing and implementing specialized residential 
     substance abuse treatment programs that identify and provide 
     appropriate treatment to inmates with co-occurring mental 
     health and substance abuse disorders or challenges.''.
                                 ______
                                 
  SA 3370. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end of title II, add the following:

     SEC. 205. REQUIREMENT FOR 3-YEAR PLAN TO ACHIEVE 90-PERCENT 
                   RATE OF EFFECTIVE DRUG INTERDICTION.

       (a) Definition of Transit Zone.--In this section, the term 
     ``Transit Zone'' means the sea corridors of the western 
     Atlantic Ocean, the Gulf of Mexico, the Caribbean Sea, and 
     the eastern Pacific Ocean through which illicit drugs 
     transit, either directly or indirectly, to the United States.
       (b) Plan Required.--Not later than 180 days after the date 
     of enactment of this Act, the President shall submit to the 
     relevant congressional committees a report setting forth a 
     comprehensive interagency plan for achieving within 3 years a 
     90-percent rate of effective interdiction of all illegal 
     drugs that would otherwise--
       (1) pass through the Transit Zone en route to the United 
     States; or
       (2) enter the United States across the Southwest border.
       (c) Interagency Integration and Coordination.--The plan 
     required under subsection (b) shall describe the integration 
     and coordination of efforts by all relevant Federal agencies, 
     including the Department of Homeland Security, the Department 
     of Justice, and the Department of Defense, necessary to 
     achieve the objective stated in subsection (b).
       (d) Elements.--The plan required under subsection (b) shall 
     include--
       (1) a detailed description of the manner in which the 
     stated objective will be accomplished;
       (2) a determination of which official will lead the effort 
     and be accountable for its results;
       (3) the specific roles and functions that will be carried 
     out by each agency;
       (4) the means that will be required, in terms of personnel, 
     equipment, and other resources;
       (5) a detailed budget plan describing the funding that will 
     be needed, broken down by agency;
       (6) an explanation of any new or different legal 
     authorities that will be required; and
       (7) a specific target date on which the stated objective 
     will be achieved.
                                 ______
                                 
  SA 3371. Mr. SCHATZ (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       At the end of title I of the bill, add the following:

     SEC. 104. ENHANCING BASIC AND APPLIED RESEARCH ON PAIN TO 
                   DISCOVER THERAPIES TO REDUCE THE CURRENT OVER-
                   PRESCRIBING OF OPIOIDS.

       (a) In General.--Out of any money appropriated to the 
     National Institutes of Health not otherwise obligated, the 
     Director of the National Institutes of Health may intensify 
     and coordinate fundamental, translational, and clinical 
     research of the National Institutes of Health (referred to in 
     this section as the ``NIH'') with respect to the 
     understanding of pain and the discovery and development of 
     therapies for chronic pain.
       (b) Priority and Direction.--The prioritization and 
     direction of the Federally funded portfolio of pain research 
     studies shall consider recommendations made by the 
     Interagency Pain Research Coordinating Committee in concert 
     with the Pain Management Best Practices Inter-Agency Task 
     Force, and in accordance with the National Pain Strategy, the 
     Federal Pain Research Strategy, and the NIH-Wide Strategic 
     Plan for Fiscal Years 2016-2020, the latter which calls for 
     the relative burdens of individual diseases and medical 
     disorders to be regarded as crucial considerations in 
     balancing the priorities of the Federal research portfolio.
                                 ______
                                 
  SA 3372. Mr. HEINRICH (for himself and Mr. Enzi) submitted an 
amendment intended to be proposed by him to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       On page 11, line 9, strike ``and''.
       On page 11, between lines 9 and 10, insert the following:
       (6) rural community health professionals; and
       On page 11, line 10, strike ``(6)'' and insert ``(7)''.

[[Page S1151]]

  

                                 ______
                                 
  SA 3373. Mrs. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end of section 203, add the following:
       (c) GAO Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) review the prescription drug take back program 
     authorized under subsection (b), including participation 
     rates and stakeholder concerns, in order to catalogue the 
     most significant regulatory barriers for voluntary 
     participation by retail pharmacies; and
       (2) submit to Congress a report that includes 
     recommendations on how the Drug Enforcement Administration 
     and Congress can address existing regulatory barriers in 
     order to expand voluntary participation by retail pharmacies 
     in the program.
                                 ______
                                 
  SA 3374. Mr. DONNELLY (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed by him to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       On page 33, line 5, strike the period and insert ``, which 
     may include an outreach coordinator or team to connect 
     individuals receiving opioid overdose reversal drugs to 
     follow-up services.''.
                                 ______
                                 
  SA 3375. Mr. REID (for Mrs. McCaskill (for herself and Mr. Blunt)) 
submitted an amendment intended to be proposed by Mr. Reid of NV to the 
bill S. 524, to authorize the Attorney General to award grants to 
address the national epidemics of prescription opioid abuse and heroin 
use; which was ordered to lie on the table; as follows:

       In section 601(b), add at the end the following:
       (6) States without prescription drug monitoring programs.--
     In the case of a State that does not have a prescription drug 
     monitoring program, a county or other unit of local 
     government within the State that has a prescription drug 
     monitoring program shall be treated as a State for purposes 
     of this section, including for purposes of eligibility for 
     grants under paragraph (1).
                                 ______
                                 
  SA 3376. Mr. KAINE (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed by him to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       On page 67, line 24, insert ``including best practices on 
     the co-prescribing of naloxone'' after ``guidelines''.
       On page 77, between lines 5 and 6, insert the following:

     SEC. __. NALOXONE CO-PRESCRIBING IN FEDERAL HEALTH CARE AND 
                   MEDICAL FACILITIES.

       (a) Naloxone Co-Prescribing Guidelines.--Not later than 180 
     days after the date of enactment of this Act:
       (1) The Secretary of Health and Human Services shall, as 
     appropriate, provide information to prescribers within 
     Federally qualified health centers (as defined in paragraph 
     (4) of section 1861(aa) of the Social Security Act (42 U.S.C. 
     1395x(aa))), and the health care facilities of the Indian 
     Health Service, on best practices for co-prescribing naloxone 
     for patients receiving chronic opioid therapy and patients 
     being treated for opioid use disorders.
       (2) The Secretary of Defense shall, as appropriate, provide 
     information to prescribers within Department of Defense 
     medical facilities on best practices for co-prescribing 
     naloxone for patients receiving chronic opioid therapy and 
     patients being treated for opioid use disorders.
       (3) The Secretary of Veterans Affairs shall, as 
     appropriate, provide information to prescribers within 
     Department of Veterans Affairs medical facilities on best 
     practices for co-prescribing naloxone for patients receiving 
     chronic opioid therapy and patients being treated for opioid 
     use disorders.
       (b) Definitions.--In this section:
       (1) Co-prescribing.--The term ``co-prescribing'' means, 
     with respect to an opioid overdose reversal drug, the 
     practice of prescribing such drug in conjunction with an 
     opioid prescription for patients at an elevated risk of 
     overdose, or in conjunction with an opioid agonist approved 
     under section 505 of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 355) for the treatment of opioid use disorders, or 
     in other circumstances in which a provider identifies a 
     patient at an elevated risk for an intentional or 
     unintentional drug overdose from heroin or prescription 
     opioid therapies.
       (2) Elevated risk of overdose.--The term ``elevated risk of 
     overdose'' has the meaning given such term by the Secretary 
     of Health and Human Services, which--
       (A) may be based on the criteria provided in the Opioid 
     Overdose Toolkit published by the Substance Abuse and Mental 
     Health Services Administration; and
       (B) may include patients on a first course opioid 
     treatment, patients using extended-release and long-acting 
     opioid analgesic, and patients with a respiratory disease or 
     other co-morbidities.
                                 ______
                                 
  SA 3377. Mr. KING submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end, add the following:

               TITLE VIII--PHARMACEUTICAL STEWARDSHIP ACT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Pharmaceutical Stewardship 
     Act of 2016''.

     SEC. 802. NATIONAL PHARMACEUTICAL STEWARDSHIP PROGRAMS.

       (a) Definitions.--In this section:
       (1) The term ``board of directors'' means the board of 
     directors of the organization.
       (2) The term ``producer'', with respect to a covered drug, 
     means the holder of an approved application for the covered 
     drug under subsection (b) or (j) of section 505 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).
       (3) The term ``certified national pharmaceutical 
     stewardship program'' means a national pharmaceutical 
     stewardship program with a certification in effect under 
     subsection (g) or (h).
       (4) The term ``controlled substance'' means a controlled 
     substance (as such term is defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)) in schedule II, 
     III, IV, or V under section 202 of such Act (21 U.S.C. 812).
       (5) The term ``covered drug'' means a drug (as such term is 
     defined in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321)) that is marketed in the United 
     States other than--
       (A) a drug for which a take-back program is in effect 
     pursuant to a risk evaluation and mitigation strategy under 
     section 505-1 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 355-1);
       (B) a vitamin or dietary supplement (as such term is 
     defined in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321));
       (C) an herbal-based remedy or homeopathic drug, product, or 
     remedy;
       (D) a soap (with or without germicidal agents), laundry 
     detergent, bleach, household cleaning product, shampoo, 
     sunscreen, toothpaste, lip balm, antiperspirant, or other 
     product that is regulated under the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.) exclusively as a 
     cosmetic;
       (E) a biological product (as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262)); or
       (F) a pesticide (as defined in section 2 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136)) 
     that is contained in a collar, powder, shampoo, topical 
     application, or other system for delivery or application to a 
     pet.
       (6) The term ``organization'' means the National 
     Pharmaceutical Stewardship Organization established in 
     accordance with subsection (c).
       (7) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (8) The term ``ultimate user'' has the meaning given to 
     such term in section 102 of the Controlled Substances Act (21 
     U.S.C. 802).
       (b) Required Participation.--Each producer of a covered 
     drug shall participate in--
       (1) the certified national pharmaceutical stewardship 
     program of the National Pharmaceutical Stewardship 
     Organization; or
       (2) another certified national pharmaceutical stewardship 
     program.
       (c) National Pharmaceutical Stewardship Organization.--
       (1) Establishment.--There shall be established in 
     accordance with this section a nonprofit private corporation 
     to be known as the National Pharmaceutical Stewardship 
     Organization. The organization shall not be an agency or 
     instrumentality of the Federal Government, and officers, 
     employees, and members of the board of the organization shall 
     not, by virtue of such service, be considered officers or 
     employees of the Federal Government.
       (2) Purpose.--The purpose of the organization shall be to 
     establish and, beginning not later than 2 years after the 
     date of enactment of this title, implement a certified 
     national pharmaceutical stewardship program.
       (3) Board of directors.--
       (A) Representation.--The organization shall have a board of 
     directors with balanced representation of each of the 
     following:
       (i) Producers of covered drugs.
       (ii) Public health, pharmacy, law enforcement, and 
     substance use disorder treatment professionals.
       (iii) Water quality and waste management stakeholders.
       (B) Initial members.--The Secretary shall appoint the 
     initial members of the board of directors.
       (4) Powers.--
       (A) In general.--The organization may--
       (i) adopt and amend a constitution and bylaws for the 
     management of its property and the regulation of its affairs;
       (ii) adopt and alter a corporate seal;

[[Page S1152]]

       (iii) choose officers, managers, agents, and employees as 
     the activities of the organization require;
       (iv) make contracts;
       (v) acquire, own, lease, encumber, and transfer property as 
     necessary to carry out the purposes of the organization;
       (vi) borrow money, issue instruments of indebtedness, and 
     secure its obligations by granting security interests in its 
     property;
       (vii) sue and be sued; and
       (viii) do any other act necessary and proper to carry out 
     the purpose of the organization.
       (B) Bylaws.--The board of directors shall establish the 
     general policies of the organization for carrying out the 
     purpose described in paragraph (2), including the 
     establishment of the bylaws of the organization, which shall 
     include bylaws for the following:
       (i) Entering into contracts and agreements with service 
     providers and entities as necessary, useful, or convenient to 
     provide all or portions of the national pharmaceutical 
     stewardship program of the organization.
       (ii) Taking any legal action necessary or proper for the 
     recovery of an assessment for, on behalf of, or against 
     producers of a covered drug participating in such program.
       (iii) Performing other such functions as may be necessary 
     or proper to carry out the purpose described in paragraph 
     (2).
       (iv) Ensuring that the members of the board of directors 
     serve without compensation, but are entitled to reimbursement 
     (solely from the funds of the organization) for expenses 
     incurred in the discharge of their duties as members of the 
     board of directors.
       (v) Ensuring that the organization does not use any 
     Federal, State, or local government funds to carry out the 
     purpose described in paragraph (2).
       (vi) Allowing the Secretary--

       (I) to audit the activities of the organization as the 
     Secretary deems necessary; and
       (II) to access any facilities or property of the 
     organization as the Secretary deems necessary to conduct 
     inspections or investigate complaints.

       (5) Nonprofit status.--In carrying out the purpose 
     described in paragraph (2), the board of directors shall 
     establish such policies and bylaws under paragraph (4)(B) as 
     may be necessary to ensure that the organization maintains 
     its status as an organization that--
       (A) is described in subsection (c)(3) of section 501 of the 
     Internal Revenue Code of 1986; and
       (B) is, under subsection (a) of such section, exempt from 
     taxation.
       (6) Contributions to national pharmaceutical stewardship 
     organization not treated as charitable contributions.--A 
     contribution (including any payment or fee) by a producer of 
     a covered drug to the organization or the organization's 
     national pharmaceutical stewardship program shall not be 
     treated as a charitable contribution for purposes of section 
     170 of the Internal Revenue Code of 1986.
       (7) Articles of incorporation.--The Secretary shall ensure 
     that the initial articles of incorporation of the 
     organization are properly filed not later than 60 days after 
     the date of enactment of this title.
       (d) Program Requirements.--To be certified (and maintain 
     certification) under subsection (g) or (h), a national 
     pharmaceutical stewardship program (referred to in this 
     section as a ``program'') shall meet each of the following 
     requirements:
       (1) The program is operated pursuant to an agreement among 
     the producers of covered drugs participating in the program.
       (2) Subject to subsection (e), the costs of the program are 
     fully paid by such producers.
       (3) The program shall not impose any fee on individuals, 
     wholesalers, or retailers for transport and disposal of a 
     covered drug through the program, except to the extent an 
     individual, wholesaler, or retailer is acting as a producer 
     of a covered drug.
       (4) The program is developed with input from the public, 
     including an opportunity for public comment and public 
     hearings.
       (5) The program provides a system to facilitate the 
     collection and disposal of any covered drug that--
       (A) is delivered to the program by the ultimate user of the 
     covered drug in the United States; and
       (B) is household waste as defined under the implementing 
     regulations of subtitle C of title II of the Solid Waste 
     Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as 
     the ``Resource Conservation and Recovery Act'').
       (6) Collection and disposal of a covered drug through the 
     program's system (described in paragraph (5)) occurs only in 
     a manner that--
       (A) is safe and secure;
       (B) results in the covered drug being rendered 
     unrecoverable in accordance with the requirements for 
     nonretrievable disposal of controlled substances under part 
     1300 of title 21, Code of Federal Regulations (or any 
     successor regulations);
       (C) protects patient information;
       (D) is accessible in every State, county, and city or town, 
     by including--
       (i) at least one collection site that is accessible on an 
     ongoing, year-round basis in every county of every State and 
     at least one additional such collection site for every 30,000 
     county residents, giving preference to retail pharmacies 
     that--

       (I) operate secure collection receptacles in accordance 
     with applicable regulations of the Drug Enforcement 
     Administration; and
       (II) are geographically distributed to provide reasonably 
     convenient and equitable access;

       (ii) if ongoing, year-round collection is not feasible in a 
     specific county or city (as determined by the Secretary)--

       (I) periodic collection events; or
       (II) the provision of prepaid mailing envelopes or 
     deactivation technologies to individuals in such county or 
     city; and

       (iii) prepaid mailing envelopes or deactivation 
     technologies made available to individuals with disabilities 
     and home-bound residents upon request through the program's 
     toll-free telephone number and website under paragraph (8); 
     and
       (E) in the case of a controlled substance, is consistent 
     with section 302(g) of the Controlled Substances Act (21 
     U.S.C. 822(g)).
       (7) The program--
       (A) promotes the collection and disposal of covered drugs 
     through the program; and
       (B) to the extent feasible, works with local recycling 
     facilities and officials to collect and recycle covered drug 
     packaging at collection locations.
       (8) The program ensures that options for collection and 
     disposal of covered drugs through the program are widely 
     understood by customers, pharmacists, retailers, and health 
     care practitioners including doctors and other prescribers, 
     including by--
       (A) maintaining a toll-free telephone number, a website 
     optimized for mobile platforms, and a free mobile application 
     that--
       (i) publicize all currently available collection and 
     disposal options, updated within 30 days of any change; and
       (ii) provide substance use disorder treatment and referral 
     information;
       (B) preparing educational and outreach materials that--
       (i) clearly explain what ``covered drugs'' are collected at 
     each collection site;
       (ii) describe where and how to dispose of covered drugs 
     through the program;
       (iii) address the risks of diversion of covered drugs, 
     including accidental overdose, accidental poisoning, and 
     environmental contamination;
       (iv) raise awareness about the importance of safe storage 
     and disposal; and
       (v) utilize plain language and explanatory images readily 
     understandable by all residents, including individuals with 
     limited English proficiency; and
       (C) providing such materials to pharmacies, health care 
     facilities, and other interested parties for dissemination.
       (9) Every 4 years, the program, using an independent 
     evaluator at the expense of the program, evaluates the 
     effectiveness of its educational and outreach activities 
     under paragraph (8), including with respect to--
       (A) the percentage of residents of the United States who 
     are aware of the program;
       (B) the percentage of residents of the United States who 
     report having access to a collection site, prepaid mail-back 
     envelope, or deactivation system; and
       (C) the extent to which residents of the United States find 
     the program to be convenient.
       (10) Annually, the program, using an independent auditor at 
     the expense of the program, audits relevant information 
     provided in the program's report to the Secretary, 
     including--
       (A) the amount, by weight, of covered drugs collected and 
     disposed of in each State by drop-off site and, if 
     applicable, the total amount by weight collected by mail-back 
     method and disposed of; and
       (B) the income and expenditures of the program.
       (e) Mechanism for Transfer of Costs Among Producers.--To be 
     certified (and maintain certification) under subsection (g) 
     or (h), a program shall include a mechanism that--
       (1) provides for receiving and transferring of funds among 
     all national pharmaceutical stewardship programs that are so 
     certified in such amounts as may be necessary, to be adjusted 
     on at least an annual basis, to ensure that the producers of 
     covered drugs participating in such programs bear the costs 
     of such programs in a manner that provides for a fair and 
     reasonable allocation of such costs across such participants; 
     and
       (2) is specified in a written agreement among all producers 
     of covered drugs.
       (f) Program Reporting Requirements.--
       (1) In general.--To be certified (and maintain 
     certification) under subsection (g) or (h), a program shall 
     agree to submit a report to the Secretary within one year 
     following such certification, and annually thereafter.
       (2) Contents.--Each report submitted by a program under 
     paragraph (1) shall describe the program's activities during 
     the preceding calendar year, including at a minimum--
       (A) a list of producers participating in the program;
       (B) a specification of the amount, by weight, of covered 
     drugs collected and disposed of in each State--
       (i) by drop-off site; and
       (ii) if applicable, by mail-back method;
       (C) a description of the collection system in each State, 
     including the location of each collection site and, if 
     applicable, locations where envelopes for mail-back or 
     deactivation technologies are provided;
       (D) an identification of any safety or security problems 
     which occurred during collection, transportation, or disposal 
     of covered drugs during the preceding calendar year and, with 
     respect to any such problems, a description of the changes 
     which have or will be made to policies, procedures, or 
     tracking mechanisms to alleviate any such problems

[[Page S1153]]

     and to improve safety and security in the future;
       (E) a description of the educational and outreach 
     activities under subsection (d)(8) and the methodology used 
     to evaluate such activities under subsection (d)(9);
       (F) a description of how collected packaging was recycled 
     to the extent feasible, including the recycling facility or 
     facilities used; and
       (G) the total expenditures of the program.
       (3) Procedures.--The Secretary shall establish procedures 
     for reporting under this subsection not later than the date 
     that is one year after the date of the enactment of this 
     title.
       (4) Public availability.--The Secretary shall make each 
     report submitted under this subsection available to the 
     public.
       (g) Certification of National Pharmaceutical Stewardship 
     Organization's Program.--
       (1) Program plan.--To seek certification of its program, 
     the organization shall submit a plan to the Secretary 
     containing such information as the Secretary may require.
       (2) Consideration by secretary.--Upon receipt of a plan 
     under paragraph (1), the Secretary--
       (A) shall consult with the Administrator of the Drug 
     Enforcement Administration on the adequacy of the proposed 
     program's security measures for collection, transportation, 
     and disposal of covered drugs, disposal systems, and 
     mechanisms for secure tracking and handling;
       (B) shall consult with the Administrator of the 
     Environmental Protection Agency on the adequacy of the 
     program's disposal methods and compliance with environmental 
     requirements;
       (C) shall consult with the Secretary of Transportation on 
     the adequacy of the program's compliance with respect to 
     requirements for transport of covered drugs; and
       (D) within 90 days after receipt of the plan, shall--
       (i) certify the program if the Secretary determines it 
     meets the requirements of this section; or
       (ii) reject the proposed program and provide a written 
     explanation of the reasons for such rejection.
       (3) Response to rejection of proposed program.--If the 
     Secretary rejects the organization's proposed program under 
     paragraph (2)(D)(ii), the rejection shall be treated as final 
     agency action, and the organization may--
       (A) revise its proposed program and submit a new plan under 
     paragraph (1); or
       (B) seek judicial review of the rejection not later than 60 
     days after receiving notice of the rejection.
       (4) Term of certification; recertification.--The term of a 
     certification (including a recertification) under paragraph 
     (2)(D)(i) shall be not more than 2 years. To have its program 
     recertified, the organization shall submit a new plan under 
     paragraph (1), including any relevant updates, for approval 
     under paragraph (2)(D)(i).
       (5) Changes to certified program.--Before making any 
     significant change to its certified national pharmaceutical 
     stewardship program, the organization shall seek and obtain 
     approval for the change from the Secretary. Not later than 15 
     days after submission of a request for a change under the 
     preceding sentence, the Secretary shall approve the change or 
     reject the change and provide a written explanation of the 
     reasons for the rejection.
       (6) Submission requirements.--
       (A) Publication.--Not later than 6 months after the date of 
     the enactment of this title, the Secretary shall publish 
     requirements for the submission of program plans under 
     paragraph (1) and requests for changes under paragraph (5), 
     including requirements for the contents of such submissions.
       (B) Failure to publish.--If the Secretary fails to publish 
     such requirements by the deadline specified in subparagraph 
     (A), the requirements of this section applicable to producers 
     of covered drugs shall nonetheless apply.
       (h) Certification of Other Programs.--
       (1) Application.--In lieu of participating in the certified 
     national pharmaceutical stewardship program of the 
     organization, one or more producers of a covered drug may 
     submit a stewardship plan to the Secretary seeking 
     certification of a separate national pharmaceutical 
     stewardship program.
       (2) Governing provisions.--The provisions of subsection (g) 
     shall apply with respect to a stewardship plan for 
     certification of a program under paragraph (1) to the same 
     extent and in the same manner as such provisions apply to a 
     program plan for certification of a program by the 
     organization under subsection (g), except as follows:
       (A) The reference to 90 days in subsection (g)(2)(D) 
     (relating to the period of the Secretary's review of a 
     program plan) shall be treated as a reference to 120 days.
       (B) If the Secretary rejects the proposed stewardship plan, 
     in lieu of submitting a new stewardship plan under paragraph 
     (1) or seeking judicial review of the rejection, the 
     producers may choose to participate in the certified national 
     pharmaceutical stewardship program of the organization.
       (C) The reference to 2 years in subsection (g)(4) (relating 
     to the term of certification) shall be treated as references 
     to 1 year.
       (i) Solicitation of Public Comment To Inform Program 
     Updates.--
       (1) In general.--A certified national product stewardship 
     program shall--
       (A) annually invite comments from stakeholders on their 
     satisfaction with the services provided by the program, 
     including representatives of health care facilities, 
     prescribers, pharmacies and pharmacists, State and local 
     government officials, law enforcement personnel, public 
     health organizations, substance use disorder professionals, 
     waste management stakeholders, environmental organizations, 
     and consumers;
       (B) compile and submit the information received through 
     such comments to the Secretary; and
       (C) use such information in developing updates and changes 
     to the program.
       (2) Use by secretary.--The Secretary shall use information 
     submitted under paragraph (1)(B) in reviewing proposed 
     updates and revisions to certified national pharmaceutical 
     stewardship program plans.
       (3) Guidance.--The Secretary shall issue guidance on the 
     process for complying with this subsection.
       (j) Suspension of Program.--
       (1) Imminent danger.--The Secretary may suspend, in whole 
     or in part, the certification of any national pharmaceutical 
     stewardship program under this section if the Secretary 
     determines that such action is necessary to protect the 
     public from imminent danger.
       (2) Failure to comply.--If the Secretary determines that a 
     national pharmaceutical stewardship is in violation of the 
     requirements of this section, the Secretary--
       (A) within 30 days of learning of the violation, may issue 
     a written warning to the program stating that the program is 
     in violation of this section; and
       (B) if the program has not rectified each violation 
     identified in such warning within 30 days of receipt of such 
     warning, may suspend, in whole or in part, the certification 
     of the program.
       (k) Civil Penalties.--Beginning on the date that is 2 years 
     after the date of enactment of this title, a producer of a 
     covered drug shall be liable for a civil penalty of not more 
     than $50,000 for each calendar day on which, as determined by 
     the Secretary, the producer--
       (1) is not participating in a certified national 
     pharmaceutical program; or
       (2) is in violation of its obligation to contribute to the 
     costs of such a program under subsection (d)(2).
       (l) Regulatory Power.--The Secretary may adopt rules or 
     guidance necessary to implement, administer, and enforce this 
     section. The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, the 
     Administrator of the Drug Enforcement Administration, the 
     Director of National Drug Control Policy, the Secretary of 
     Transportation, and the Commissioner of Food and Drugs, may 
     include in such regulations or guidance any performance 
     standards determined appropriate for implementing the program 
     requirements specified in this section.
       (m) State, Tribal, and Local Regulation.--Nothing in this 
     title prohibits a State, tribal, or local government from 
     imposing any requirements relating to the safe and secure 
     disposal of covered drugs that are more stringent than the 
     requirements of this title.
       (n) Report to Congress.--Not later than 5 years after the 
     date of enactment of this title, the Secretary shall report 
     to the appropriate committees of the Congress concerning the 
     status of the national pharmaceutical stewardship programs 
     under this section, including any recommendations for changes 
     to this section.
       (o) Severability.--If any provision of this section or the 
     application of such provision to any person or circumstance 
     is held to be unconstitutional, the remainder of this 
     section, and the application of the provisions of such 
     remainder to any person or circumstance, shall not be 
     affected thereby.
       (p) Evaluation.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this title, and annually thereafter, the 
     Director of the Office of the National Drug Control Policy, 
     in consultation with the Secretary of Health and Human 
     Services, the Attorney General, and the Administrator of the 
     Drug Enforcement Administration, shall--
       (A) conduct an evaluation of the effectiveness of the 
     national pharmaceutical stewardship programs under this 
     section; and
       (B) submit a report to the Congress on the results of each 
     such evaluation, including recommendations for improving the 
     programs.
       (2) Metrics.--The evaluation under paragraph (1) shall 
     address each of the following:
       (A) Public access to national pharmaceutical stewardship 
     programs under this section.
       (B) Public awareness of such programs, including awareness 
     of the risks of diversion of drugs and awareness of the 
     importance of safe storage and safe disposal of 
     pharmaceuticals.
       (C) Impact of the programs on prescription drug abuse, 
     including analysis of hospital admissions for prescription 
     drug overdoses, per capita deaths due to prescription drug 
     overdoses, and arrests for illegal possession of controlled 
     substances in schedule II, III, IV, or V.
       (q) Annual Fees.--The Secretary may assess, collect, and 
     use, without further appropriation, annual fees from 
     producers of covered drugs to pay the administrative costs of 
     carrying out this section and section 803.
       (r) Delayed Applicability.--In the case of producer that 
     first offers a covered drug for

[[Page S1154]]

     sale in interstate commerce (including by importing the 
     covered drug) after the date of enactment of this title, the 
     requirements of this title apply with respect to such 
     producer beginning on the date that is 180 days after the 
     date on which the producer first offers the covered drug for 
     sale in interstate commerce.

     SEC. 803. COORDINATED EDUCATION CAMPAIGN ON DRUG DISPOSAL.

       Not later than 18 months after the date of the enactment of 
     this title, the Director of the Office of National Drug 
     Control Policy, in consultation with the Secretary of Health 
     and Human Services and the Administrator of the Environmental 
     Protection Agency, shall establish and begin implementation 
     of a coordinated education and outreach campaign--
       (1) to increase awareness among members of the public 
     regarding how drugs may be safely and securely disposed 
     consistent with public safety, public health, and 
     environmental protection through national pharmaceutical 
     stewardship programs established under section 802 and by 
     other appropriate means; and
       (2) to link members of the public to the national and local 
     educational and outreach activities conducted by such 
     programs.
                                 ______
                                 
  SA 3378. Mr. GRASSLEY (for himself, Mr. Leahy, Mr. Whitehouse, Mr. 
Portman, Ms. Klobuchar, Ms. Ayotte, Mr. Graham, Mr. Coons, Mr. Cornyn, 
and Mr. Durbin) submitted an amendment intended to be proposed by him 
to the bill S. 524, to authorize the Attorney General to award grants 
to address the national epidemics of prescription opioid abuse and 
heroin use; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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. 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.

[[Page S1155]]

       (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, and other appropriate entities regarding the risk 
     of abuse of prescription opioid drugs if such products are 
     not taken as prescribed.
       (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;

[[Page S1156]]

       ``(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; or
       ``(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;
       ``(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.
       ``(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

[[Page S1157]]

     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.
       ``(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.

[[Page S1158]]

  


     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:

[[Page S1159]]

       ``(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.

[[Page S1160]]

       ``(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

[[Page S1161]]

       (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

[[Page S1162]]

     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

[[Page S1163]]

     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.
                                 ______
                                 
  SA 3379. Ms. BALDWIN (for herself, Mr. Markey, and Mr. Menendez) 
submitted an amendment intended to be proposed by her to the bill S. 
524, to authorize the Attorney General to award grants to address the 
national epidemics of prescription opioid abuse and heroin use; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FUNDING FOR OPIOID AND HEROIN ABUSE PREVENTION AND 
                   TREATMENT.

       (a) Short Title.--This section may be cited as the ``Opioid 
     and Heroin Abuse Crisis Investment Act''.
       (b) Funding.--There are authorized to be appropriated, and 
     are appropriated, out of monies in the Treasury not otherwise 
     obligated, $1,164,600,000 for the period of fiscal years 2017 
     and 2018, to improve opioid prescribing practices to reduce 
     opioid use disorders and overdose, to be made available in 
     accordance with this section.
       (c) State Targeted Response Cooperative Agreements.--
     Subpart 1 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb et seq.) is amended by inserting after 
     section 509 the following:

     ``SEC. 510. STATE TARGETED RESPONSE COOPERATIVE AGREEMENTS.

       ``(a) In General.--The Secretary shall enter into 
     additional targeted response cooperative agreements with 
     States under this title to expand opioid treatment capacity 
     and make services more affordable to those who cannot afford 
     such services.
       ``(b) Awarding of Funding.--The Secretary shall allocate 
     funding to States under this section based on--
       ``(1) the severity of the opioid epidemic in the State; and
       ``(2) the strength of the strategy of the State to respond 
     to such epidemic.
       ``(c) Use of Funds.--Amounts received by a State under this 
     section shall be used to expand treatment capacity and make 
     services more affordable to those who cannot afford such 
     services and to help individuals seek treatment, successfully 
     complete treatment, and sustain recovery.
       ``(d) Funding.--From amounts appropriated under subsection 
     (b) of the Opioid and Heroin Abuse Crisis Investment Act, 
     there shall be made available to carry out this section, 
     $460,000,000 for each of fiscal years 2017 and 2018.''.
       (d) Treatment for Prescription Drug Abuse and Heroin Use.--
     Section 331(b) of the Public Health Service Act (42 U.S.C. 
     254d(b)) is amended by adding at the end the following:
       ``(3)(A) The Secretary shall use amounts made available 
     under subparagraph (B) to

[[Page S1164]]

     support enhanced loan repayment awards to increase the number 
     of clinicians in the Corps with medication assisted treatment 
     training to treat individuals with opioid use disorders 
     through loan repayments to clinicians.
       ``(B) From amounts appropriated under subsection (b) of the 
     Opioid and Heroin Abuse Crisis Investment Act, there shall be 
     made available to carry out this paragraph, $25,000,000 for 
     each of fiscal years 2017 and 2018.''.
       (e) Evaluation of Medication-assisted Treatment.--Subpart 1 
     of part B of title V of the Public Health Service Act (42 
     U.S.C. 290bb et seq.) is amended by inserting after section 
     510, as added by subsection (c)) the following:

     ``SEC. 511. EVALUATION OF MEDICATION-ASSISTED TREATMENT.

       ``(a) In General.--In order to assess the treatment 
     outcomes of patients with opioid addiction receiving 
     medication-assisted treatment, the Secretary shall evaluate 
     the short, medium, and long-term outcomes of such substance 
     abuse treatment programs in order to increase effectiveness 
     in reducing opioid use disorders, overdose, and death.
       ``(b) Funding.--From amounts appropriated under subsection 
     (b) of the Opioid and Heroin Abuse Crisis Investment Act, 
     there shall be made available to carry out this section, 
     $15,000,000 for each of fiscal years 2017 and 2018.''.
       (f) Medication-assisted Treatment for Prescription Drug and 
     Opioid Addiction.--Section 509 of the Public Health Service 
     Act (42 U.S.C. 290bb-2) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e), the following:
       ``(f) Medication-assisted Treatment for Prescription Drug 
     and Opioid Addiction.--
       ``(1) In general.--In carrying out this section, the 
     Secretary shall use amounts made available under paragraph 
     (3) to award grants to States to expand or enhance medication 
     assisted treatment utilizing medications approved by the Food 
     and Drug Administration in combination with psychosocial 
     services, recovery support services, and coordination with 
     HIV or hepatitis C direct services.
       ``(2) Funding.--From amounts appropriated under subsection 
     (b) of the Opioid and Heroin Abuse Crisis Investment Act, 
     there shall be made available to carry out this subsection, 
     $50,100,000 for fiscal year 2017.''.
       (g) Buprenorphine-prescribing Authority Demonstration.--
       (1) In general.--To increase the availability of 
     medication-assisted treatment services for prescription drug 
     and opioid addiction, the Secretary of Health and Human 
     Services shall use amounts made available under paragraph (3) 
     to establish a demonstration project to test the safety and 
     effectiveness of allowing the prescribing of buprenorphine by 
     non-physician advance practice providers in accordance with 
     the providers' prescribing authority under applicable State 
     law.
       (2) Targeting.--In carrying out the demonstration project 
     under paragraph (1), the Secretary of Health and Human 
     Services shall target populations and geographic areas that 
     are most affected by both high-need and limited access to 
     physicians authorized to prescribe buprenorphine.
       (3) Funding.--From amounts appropriated under subsection 
     (b) of the Opioid and Heroin Abuse Crisis Investment Act, 
     there shall be made available to carry out this subsection, 
     $10,000,000 for fiscal year 2017.
       (4) Demonstration project.--
       (A) In general.--Notwithstanding subparagraph (B)(i) of 
     section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 
     823(g)(2)(B)(i)), the Secretary of Health and Human Services 
     may, using amounts made available in this Act to carry out 
     title V of the Public Health Service Act, establish and carry 
     out a demonstration project through fiscal year 2021 in 
     which, for purposes of prescribing buprenorphine under such 
     section 303(g)(2), the term ``practitioner'' shall be deemed 
     to include non-physician providers authorized to prescribe 
     buprenorphine by the jurisdiction in which the provider is 
     licensed and who meet such criteria as determined appropriate 
     by the Secretary, in consultation with the Attorney General, 
     for participation in the project.
       (B) Limitation.--In implementing the demonstration project 
     under subparagraph (A), the Secretary of Health and Human 
     Services and the Attorney General shall not be subject to the 
     requirements of section 553 of title 5, United States Code.
       (C) Grants.--The Secretary of Health and Human Services may 
     enter into grants, contracts, or cooperative agreements with 
     one or more research institutions, and public and nonprofit 
     entities to assist in carrying out the demonstration project 
     under subparagraph (A). Amounts available for fiscal year 
     2016 to the Attorney General for carrying out such section 
     303 of the Controlled Substances Act shall also be available 
     to the Attorney General to facilitate and support the 
     efficient operation of the demonstration project under this 
     paragraph.
       (D) Termination of authority.--Any authority provided under 
     this paragraph for a provider to prescribe buprenorphine 
     shall end not later than the date on which such provider 
     ceases to participate in the demonstration project under this 
     paragraph.
       (h) Dissemination of Guidelines for Preventing Prescription 
     Drug Overdose.--Section 317 of the Public Health Service Act 
     (42 U.S.C. 247b) is amended by adding at the end the 
     following:
       ``(n) Dissemination of Guidelines for Preventing 
     Prescription Drug Overdose.--
       ``(1) In general.--The Director of the Centers for Disease 
     Control and Prevention shall disseminate guidelines to 
     improve opioid prescribing practices to reduce opioid use 
     disorders and overdose.
       ``(2) Use of funds.--In carrying out this subsection, the 
     Director of the Centers for Disease Control and Prevention 
     shall use amounts made available under paragraph (3) to--
       ``(A) pilot test, evaluate, and adapt comprehensive tools 
     and dissemination strategies to convey opioid prescribing 
     guidelines of the Centers for Disease Control and Prevention 
     in succinct, usable formats accessible to health care 
     providers;
       ``(B) develop, evaluate, and publicly disseminate clinical 
     decision support tools derived from the opioid prescribing 
     guidelines of the Centers for Disease Control and Prevention;
       ``(C) establish training modules in partnership with 
     professional societies and health systems, including online 
     modules available for continuing medical education credits 
     and maintenance of certification; and
       ``(D) coordinate with Office of the National Coordinator 
     for Health Information Technology to ensure that guidelines 
     developed under this subsection are effectively disseminated 
     and translated into clinical support tools for integration 
     into clinical workflow.
       ``(3) Funding.--From amounts appropriated under subsection 
     (b) of the Opioid and Heroin Abuse Crisis Investment Act, 
     there shall be made available to carry out this subsection, 
     $10,000,000 for fiscal year 2017.''.
       (i) Rural Opioid Overdose Reversal Grant Program.--Section 
     330A of the Public Health Service Act (42 U.S.C. 254c) is 
     amended--
       (1) by redesignating subsection (j) as subsection (k); and
       (2) by inserting after subsection (i), the following:
       ``(j) Rural Opioid Overdose Reversal Grant Program.--
       ``(1) In general.--The Director may award grants to 
     eligible entities to implement activities for the prevention, 
     intervention, and treatment of opioid misuse and overdose.
       ``(2) Eligibility.--To be eligible to receive a grant under 
     this subsection, an entity--
       ``(A) shall be a rural public or rural nonprofit private 
     entity; and
       ``(B) shall represent a network composed of participants--
       ``(i) that include 3 or more health care providers; and
       ``(ii) that may be nonprofit or for-profit entities.
       ``(3) Use of funds.--Amounts awarded under a grant under 
     this subsection shall be used--
       ``(A) to provide opioid misuse education and prevention 
     services;
       ``(B) to provide training to licensed health care 
     professionals and first responders in the recognition of the 
     signs of opioid overdose and learn the appropriate way to 
     administer naloxone;
       ``(C) to provide appropriate transportation services to a 
     hospital or clinic for continued care after administration;
       ``(D) to refer those individuals with a drug dependency to 
     an appropriate substance use disorder treatment centers where 
     care coordination is provided by a team of providers; and
       ``(E) to purchase naloxone and opioid overdose reversal 
     devices.
       ``(4) Funding.--From amounts appropriated under subsection 
     (b) of the Opioid and Heroin Abuse Crisis Investment Act, 
     there shall be made available to carry out this subsection, 
     $10,000,000 for fiscal year 2017.''.
       (j) Prescription Drug Overdose Initiative.--Section 3001(c) 
     of the Public Health Service Act (42 U.S.C. 300jj-11(c)) is 
     amended by adding at the end the following:
       ``(9) Prescription drug overdose initiative.--
       ``(A) In general.--The Secretary, acting through the 
     National Coordinator, shall use amounts made available under 
     subparagraph (B) to expand efforts to harmonize technical 
     standards to support prescription drug monitoring programs 
     and health information technology interoperability.
       ``(B) Funding.--From amounts appropriated under subsection 
     (b) of the Opioid and Heroin Abuse Crisis Investment Act, 
     there shall be made available to carry out this subsection, 
     $5,000,000 for fiscal year 2017.''.
       (k) Bureau of Prisons Treatment Programs.--Section 4042 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(e) Treatment Programs.--
       ``(1) In general.--The Director of the Bureau of Prisons 
     shall use amounts made available under paragraph (2) to 
     support drug treatment programs within the Bureau of Prisons, 
     including expanding the medication-assisted treatment pilot.
       ``(2) Funding.--From amounts appropriated under subsection 
     (b) of the Opioid and Heroin Abuse Crisis Investment Act, 
     there shall be made available to carry out this subsection, 
     $3,000,000 for fiscal year 2017.''.
       (l) Second Chance Act of 2007.--Section 201 of the Second 
     Chance Act of 2007 (42 U.S.C. 17521) is amended--
       (1) by redesignating subsection (f) as subsection (g); and

[[Page S1165]]

       (2) by inserting after subsection (e), the following:
       ``(f) Community Reintegration.--
       ``(1) In general.--The Attorney General shall use amounts 
     made available under paragraph (2) to carry out activities to 
     reduce recidivism and increase public safety by helping 
     justice-involved individuals successfully reintegrate into 
     the community, including by carrying out activities including 
     providing treatment for co-occurring disorders and providing 
     family-based substance abuse treatment.
       ``(2) Funding.--From amounts appropriated under subsection 
     (b) of the Opioid and Heroin Abuse Crisis Investment Act, 
     there shall be made available to carry out this subsection, 
     $50,000,000 for fiscal year 2017.''.
       (m) Residential Substance Abuse Treatment.--Section 503 of 
     the Controlled Substances Act (21 U.S.C. 873) is amended by 
     adding at the end the following:
       ``(e)(1) In carrying out this section, the Attorney General 
     may use amounts made available under paragraph (2) to provide 
     support for State, local, and tribal governments in the 
     development of residential and aftercare services for 
     substance-involved inmates.
       ``(2) From amounts appropriated under subsection (b) of the 
     Opioid and Heroin Abuse Crisis Investment Act, there shall be 
     made available to carry out this subsection, $14,000,000 for 
     fiscal year 2017.''.
       (n) Heroin Enforcement Groups.--Part E of the Controlled 
     Substances Act (21 U.S.C. 871 et seq.) is amended by adding 
     at the end the following:

     ``SEC. 521. HEROIN ENFORCEMENT GROUPS.

       ``(a) In General.--The Attorney General shall use amounts 
     made available under subsection (b) to establish new heroin 
     enforcement groups with the Drug Enforcement Administration 
     to target, disrupt, and dismantle heroin trafficking 
     organizations.
       ``(b) Funding.--From amounts appropriated under subsection 
     (b) of the Opioid and Heroin Abuse Crisis Investment Act, 
     there shall be made available to carry out this section, 
     $12,500,000 for fiscal year 2017.''.
       (o) Emergency Designations.--
       (1) In general.--This section is designated as an emergency 
     requirement pursuant to section 4(g) of the Statutory Pay-As-
     You-Go Act of 2010 (2 U.S.C. 933(g)).
       (2) Designation in senate.--In the Senate, this section is 
     designated as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.
                                 ______
                                 
  SA 3380. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. GRANTS FOR DEVELOPING ALTERNATIVES TO OPIOID DRUGS.

       Section 409J of the Public Health Service Act (42 U.S.C. 
     284q) is amended by adding at the end the following:
       ``(c) Grants for Developing Alternatives to Opioid Drugs.--
     The Director of NIH may award grants in collaboration with 
     the Pain Consortium for increasing research and development 
     opportunities to accelerate the development of drugs that are 
     alternatives to opioids for effective pain treatments.''.
                                 ______
                                 
  SA 3381. Mr. MARKEY (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill S. 524, to authorize the 
Attorney General to award grants to address the national epidemics of 
prescription opioid abuse and heroin use; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

                         TITLE VIII--TREAT ACT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Recovery Enhancement for 
     Addiction Treatment Act'' or the ``TREAT Act''.

     SEC. 802. FINDINGS.

       Congress finds the following:
       (1) Overdoses from opioids have increased dramatically in 
     the United States.
       (2) Deaths from drug overdose, largely from prescription 
     pain relievers, have tripled among men and increased five-
     fold among women over the past decade.
       (3) Nationwide, drug overdoses now claim more lives than 
     car accidents.
       (4) Opioid addiction is a chronic disease that, untreated, 
     places a large burden on the healthcare system. Roughly 
     475,000 emergency room visits each year are attributable to 
     the misuse and abuse of opioid pain medication.
       (5) Effective medication-assisted treatment for opioid 
     addiction, in combination with counseling and behavioral 
     therapies, can decrease overdose deaths, be cost-effective, 
     reduce transmissions of HIV and viral hepatitis, and reduce 
     other social harms such as criminal activity.
       (6) Effective medication-assisted treatment programs for 
     opioid addiction should include multiple components, 
     including medications, cognitive and behavioral supports and 
     interventions, and drug testing.
       (7) Effective medication-assisted treatment programs for 
     opioid addiction may use a team of staff members, in addition 
     to a prescribing provider, to deliver comprehensive care.
       (8) Access to medication-assisted treatments, including 
     office-based buprenorphine opioid treatment, remains limited 
     in part due to current practice regulations and an 
     insufficient number of providers.
       (9) More than 10 years of experience in the United States 
     with office-based buprenorphine opioid treatment has informed 
     best practices for delivering successful, high quality care.

     SEC. 803. EXPANSION OF PATIENT LIMITS UNDER WAIVER.

       Section 303(g)(2)(B) of the Controlled Substances Act (21 
     U.S.C. 823(g)(2)(B)) is amended--
       (1) in clause (i), by striking ``physician'' and inserting 
     ``practitioner'';
       (2) in clause (iii)--
       (A) by striking ``30'' and inserting ``100''; and
       (B) by striking ``, unless, not sooner'' and all that 
     follows through the end and inserting a period; and
       (3) by inserting at the end the following new clause:
       ``(iv) Not earlier than 1 year after the date on which a 
     qualifying practitioner obtained an initial waiver pursuant 
     to clause (iii), the qualifying practitioner may submit a 
     second notification to the Secretary of the need and intent 
     of the qualifying practitioner to treat an unlimited number 
     of patients, if the qualifying practitioner--
       ``(I)(aa) satisfies the requirements of item (aa), (bb), 
     (cc), or (dd) of subparagraph (G)(ii)(I); and
       ``(bb) agrees to fully participate in the Prescription Drug 
     Monitoring Program of the State in which the qualifying 
     practitioner is licensed, pursuant to applicable State 
     guidelines; or
       ``(II)(aa) satisfies the requirements of item (ee), (ff), 
     or (gg) of subparagraph (G)(ii)(I);
       ``(bb) agrees to fully participate in the Prescription Drug 
     Monitoring Program of the State in which the qualifying 
     practitioner is licensed, pursuant to applicable State 
     guidelines;
       ``(cc) practices in a qualified practice setting; and
       ``(dd) has completed not less than 24 hours of training 
     (through classroom situations, seminars at professional 
     society meetings, electronic communications, or otherwise) 
     with respect to the treatment and management of opiate-
     dependent patients for substance use disorders provided by 
     the American Society of Addiction Medicine, the American 
     Academy of Addiction Psychiatry, the American Medical 
     Association, the American Osteopathic Association, the 
     American Psychiatric Association, or any other organization 
     that the Secretary determines is appropriate for purposes of 
     this subclause.''.

     SEC. 804. DEFINITIONS.

       Section 303(g)(2)(G) of the Controlled Substances Act (21 
     U.S.C. 823(g)(2)(G)) is amended--
       (1) by striking clause (ii) and inserting the following:
       ``(ii) The term `qualifying practitioner' means the 
     following:
       ``(I) A physician who is licensed under State law and who 
     meets 1 or more of the following conditions:

       ``(aa) The physician holds a board certification in 
     addiction psychiatry from the American Board of Medical 
     Specialties.
       ``(bb) The physician holds an addiction certification from 
     the American Society of Addiction Medicine.
       ``(cc) The physician holds a board certification in 
     addiction medicine from the American Osteopathic Association.
       ``(dd) The physician holds a board certification from the 
     American Board of Addiction Medicine.
       ``(ee) The physician has completed not less than 8 hours of 
     training (through classroom situations, seminars at 
     professional society meetings, electronic communications, or 
     otherwise) with respect to the treatment and management of 
     opiate-dependent patients for substance use disorders 
     provided by the American Society of Addiction Medicine, the 
     American Academy of Addiction Psychiatry, the American 
     Medical Association, the American Osteopathic Association, 
     the American Psychiatric Association, or any other 
     organization that the Secretary determines is appropriate for 
     purposes of this subclause.
       ``(ff) The physician has participated as an investigator in 
     1 or more clinical trials leading to the approval of a 
     narcotic drug in schedule III, IV, or V for maintenance or 
     detoxification treatment, as demonstrated by a statement 
     submitted to the Secretary by this sponsor of such approved 
     drug.
       ``(gg) The physician has such other training or experience 
     as the Secretary determines will demonstrate the ability of 
     the physician to treat and manage opiate-dependent patients.

       ``(II) A nurse practitioner or physician assistant who is 
     licensed under State law and meets all of the following 
     conditions:

       ``(aa) The nurse practitioner or physician assistant is 
     licensed under State law to prescribe schedule III, IV, or V 
     medications for pain.
       ``(bb) The nurse practitioner or physician assistant 
     satisfies 1 or more of the following:

       ``(AA) Has completed not fewer than 24 hours of training 
     (through classroom situations, seminars at professional 
     society meetings, electronic communications, or otherwise) 
     with respect to the treatment and

[[Page S1166]]

     management of opiate-dependent patients for substance use 
     disorders provided by the American Society of Addiction 
     Medicine, the American Academy of Addiction Psychiatry, the 
     American Medical Association, the American Osteopathic 
     Association, the American Psychiatric Association, or any 
     other organization that the Secretary determines is 
     appropriate for purposes of this subclause.
       ``(BB) Has such other training or experience as the 
     Secretary determines will demonstrate the ability of the 
     nurse practitioner or physician assistant to treat and manage 
     opiate-dependent patients.

       ``(cc) The nurse practitioner or physician assistant 
     practices under the supervision of a licensed physician who 
     holds an active waiver to prescribe schedule III, IV, or V 
     narcotic medications for opioid addiction therapy, and--

       ``(AA) the supervising physician satisfies the conditions 
     of item (aa), (bb), (cc), or (dd) of subclause (I); or
       ``(BB) both the supervising physician and the nurse 
     practitioner or physician assistant practice in a qualified 
     practice setting.
       ``(III) A nurse practitioner who is licensed under State 
     law and meets all of the following conditions:

       ``(aa) The nurse practitioner is licensed under State law 
     to prescribe schedule III, IV, or V medications for pain.
       ``(bb) The nurse practitioner has training or experience 
     that the Secretary determines demonstrates specialization in 
     the ability to treat opiate-dependent patients, such as a 
     certification in addiction specialty accredited by the 
     American Board of Nursing Specialties or the National 
     Commission for Certifying Agencies, or a certification in 
     addiction nursing as a Certified Addiction Registered Nurse--
     Advanced Practice.
       ``(cc) In accordance with State law, the nurse practitioner 
     prescribes opioid addiction therapy in collaboration with a 
     physician who holds an active waiver to prescribe schedule 
     III, IV, or V narcotic medications for opioid addiction 
     therapy.
       ``(dd) The nurse practitioner practices in a qualified 
     practice setting.''; and

       (2) by adding at the end the following:
       ``(iii) The term `qualified practice setting' means 1 or 
     more of the following treatment settings:
       ``(I) A National Committee for Quality Assurance-recognized 
     Patient-Centered Medical Home or Patient-Centered Specialty 
     Practice.
       ``(II) A Centers for Medicaid & Medicare Services-
     recognized Accountable Care Organization.
       ``(III) A clinical facility administered by the Department 
     of Veterans Affairs, Department of Defense, or Indian Health 
     Service.
       ``(IV) A Behavioral Health Home accredited by the Joint 
     Commission.
       ``(V) A Federally-qualified health center (as defined in 
     section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
     1396d(l)(2)(B))) or a Federally-qualified health center look-
     alike.
       ``(VI) A Substance Abuse and Mental Health Services-
     certified Opioid Treatment Program.
       ``(VII) A clinical program of a State or Federal jail, 
     prison, or other facility where individuals are incarcerated.
       ``(VIII) A clinic that demonstrates compliance with the 
     Model Policy on DATA 2000 and Treatment of Opioid Addiction 
     in the Medical Office issued by the Federation of State 
     Medical Boards.
       ``(IX) A treatment setting that is part of an Accreditation 
     Council for Graduate Medical Education, American Association 
     of Colleges of Osteopathic Medicine, or American Osteopathic 
     Association-accredited residency or fellowship training 
     program.
       ``(X) Any other practice setting approved by a State 
     regulatory board or State Medicaid Plan to provide addiction 
     treatment services.
       ``(XI) Any other practice setting approved by the 
     Secretary.''.

     SEC. 805. GAO EVALUATION.

       Two years after the date on which the first notification 
     under clause (iv) of section 303(g)(2)(B) of the Controlled 
     Substances Act (21 U.S.C. 823(g)(2)(B)), as added by this 
     title, is received by the Secretary of Health and Human 
     Services, the Comptroller General of the United States shall 
     initiate an evaluation of the effectiveness of the amendments 
     made by this title, which shall include an evaluation of--
       (1) any changes in the availability and use of medication-
     assisted treatment for opioid addiction;
       (2) the quality of medication-assisted treatment programs;
       (3) the integration of medication-assisted treatment with 
     routine healthcare services;
       (4) diversion of opioid addiction treatment medication;
       (5) changes in State or local policies and legislation 
     relating to opioid addiction treatment;
       (6) the use of nurse practitioners and physician assistants 
     who prescribe opioid addiction medication;
       (7) the use of Prescription Drug Monitoring Programs by 
     waived practitioners to maximize safety of patient care and 
     prevent diversion of opioid addiction medication;
       (8) the findings of Drug Enforcement Administration 
     inspections of waived practitioners, including the frequency 
     with which the Drug Enforcement Administration finds no 
     documentation of access to behavioral health services; and
       (9) the effectiveness of cross-agency collaboration between 
     Department of Health and Human Services and the Drug 
     Enforcement Administration for expanding effective opioid 
     addiction treatment.
                                 ______
                                 
  SA 3382. Mr. MARKEY (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by him to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONTINUING EDUCATION REQUIREMENTS FOR CERTAIN 
                   PRACTITIONERS PRESCRIBING CONTROLLED 
                   SUBSTANCES.

       Section 303 of the Controlled Substances Act (21 U.S.C. 
     823) is amended--
       (1) in subsection (f), in the matter preceding paragraph 
     (1), by striking ``The Attorney General shall register'' and 
     inserting ``Subject to subsection (j), the Attorney General 
     shall register''; and
       (2) by adding at the end the following:
       ``(j)(1) In this subsection, the term `covered 
     practitioner' means a practitioner that is not a hospital, 
     pharmacy, or veterinarian.
       ``(2)(A) Except as provided in subparagraph (B), as a 
     condition of granting or renewing the registration of a 
     covered practitioner under this part to dispense, or conduct 
     research with, controlled substances in schedule II, III, IV, 
     or V, the Attorney General shall require, before each such 
     grant or renewal of registration, that the covered 
     practitioner complete training (through classroom situations, 
     seminars at professional society meetings, electronic 
     communications, or otherwise) that the Secretary of Health 
     and Human Services determines meets the requirements under 
     paragraph (3).
       ``(B) Subparagraph (A) shall not apply to the granting or 
     renewal of a registration described in subparagraph (A) if 
     the registration is solely for dispensing non-narcotic 
     controlled substances or substances on schedule IV or V.
       ``(3) The training provided for purposes of paragraph (2) 
     shall, at a minimum, expose covered practitioners to--
       ``(A) best practices for pain management, including 
     alternatives to prescribing controlled substances and other 
     alternative therapies to decrease the use of opioids;
       ``(B) responsible prescribing of pain medications, as 
     described in Federal prescriber guidelines for nonmalignant 
     pain;
       ``(C) methods for diagnosing, treating, and managing a 
     substance use disorder, including the use of medications 
     approved by the Food and Drug Administration and evidence-
     based nonpharmacological therapies;
       ``(D) linking patients to evidence-based treatment for 
     substance use disorders; and
       ``(E) tools to manage adherence and diversion of controlled 
     substances, including prescription drug monitoring programs, 
     drug screening, informed consent, overdose education, and the 
     use of opioid overdose antagonists.
       ``(4) The Substance Abuse and Mental Health Services 
     Administration shall establish or support the establishment 
     of not less than 1 training module that meets the 
     requirements under paragraph (3) that is provided--
       ``(A) to any covered practitioner registered or applying 
     for a registration under this part to dispense, or conduct 
     research with, controlled substances in schedule II, III, IV, 
     or V;
       ``(B) online; and
       ``(C) free of charge.
       ``(5) The Secretary of Health and Human Services shall 
     establish, maintain, and periodically update a publically 
     available database providing information relating to training 
     modules that meet the requirements under paragraph (3).
       ``(6) Not later than 5 years after the date of enactment of 
     this subsection, the Secretary of Health and Human Services 
     shall evaluate and make publically available a report 
     describing how exposure to the training required under this 
     subsection has changed prescribing patterns of controlled 
     substances.''.
                                 ______
                                 
  SA 3383. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. __. SUSPENSION OF MEDICAID BENEFITS FOR INMATES OF 
                   PUBLIC INSTITUTIONS.

       (a) In General.--Section 1902(a) of the Social Security Act 
     (42 U.S.C. 1396a(a)) is amended by inserting after paragraph 
     (77) the following new paragraph:
       ``(78) provide that the State shall not terminate (but may 
     suspend) enrollment under a State plan for medical assistance 
     for an individual who is an inmate of a public institution 
     and was enrolled for medical assistance under the State plan 
     immediately before becoming an inmate of such a public 
     institution or who becomes eligible to enroll for such 
     medical assistance while an inmate of a public 
     institution;''.

[[Page S1167]]

       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by subsection (a) shall apply to the 
     eligibility and enrollment of individuals who become inmates 
     of public institutions on or after the date that is 1 year 
     after the date of the enactment of this Act.
       (2) Rule for changes requiring state legislation.--In the 
     case of a State plan for medical assistance under title XIX 
     of the Social Security Act which the Secretary of Health and 
     Human Services determines requires State legislation (other 
     than legislation appropriating funds) in order for the plan 
     to meet the additional requirements imposed by the amendment 
     made by subsection (a), the State plan shall not be regarded 
     as failing to comply with the requirements of such title 
     solely on the basis of its failure to meet these additional 
     requirements before the first day of the first calendar 
     quarter beginning after the close of the first regular 
     session of the State legislature that begins after the date 
     of the enactment of this Act. For purposes of the previous 
     sentence, in the case of a State that has a 2-year 
     legislative session, each year of such session shall be 
     deemed to be a separate regular session of the State 
     legislature.
                                 ______
                                 
  SA 3384. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 524, to authorize the Attorney General to award 
grants to address the national epidemics of prescription opioid abuse 
and heroin use; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 705. ADVISORY COMMITTEE FOR APPROVAL OF NEW OPIOID 
                   DRUGS.

       Section 505 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 355) is amended by adding at the end the following:
       ``(y) Advisory Committee Regarding Opioid Drugs.--
     Notwithstanding any other provision of this Act, the 
     Secretary shall convene a panel of experts, which shall 
     expressly consider the issues of addiction, abuse, and 
     dependence--
       ``(1) to review an application submitted under subsection 
     (b) or (j) for a new drug that is an opioid before the 
     Secretary may approve such application; and
       ``(2) to review a supplement to an application approved 
     under this section for a drug that is an opioid before the 
     Secretary may approve such supplement.''.
                                 ______
                                 
  SA 3385. Mr. DAINES (for himself and Mr. Peters) submitted an 
amendment intended to be proposed by him to the bill S. 524, to 
authorize the Attorney General to award grants to address the national 
epidemics of prescription opioid abuse and heroin use; which was 
ordered to lie on the table; as follows:

       On page 65, strike line 23 and insert the following:

     disorder, service-connected post-traumatic stress disorder, 
     military sexual trauma, or a service-connected traumatic 
     brain injury, as determined on a case-by-case basis.''.

                          ____________________