[Congressional Record Volume 166, Number 128 (Tuesday, July 21, 2020)]
[Senate]
[Pages S4350-S4355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. COLLINS (for herself and Ms. Smith):
  S. 4233. A bill to establish a payment program for unexpected loss of 
markets and revenues to timber harvesting and timber hauling businesses 
due to the COVID-19 pandemic, and for other purposes; to the Committee 
on Agriculture, Nutrition, and Forestry.
  Ms. COLLINS. Mr. President, I rise to introduce a bill with my 
colleague, Senator Smith that will help the hardworking loggers across 
this Nation whose operations have suffered serious losses directly due 
to the pandemic. In Maine alone, logging has a roughly $650 million 
annual economic impact, and is the backbone of the forest products 
economy. The industry is made up of countless multi-generational family 
businesses, whose survival is being seriously threatened.
  In Maine and in many places across the Country, the logging industry 
first felt the effects of COVID-19 in January as exports to foreign 
markets were significantly limited if not eliminated entirely. Declines 
in demand for paper products and other wood fiber based products caused 
by the COVID-19 pandemic have prompted shutdowns, slowdowns, and 
closures across the globe. As a result, Maine has seen declining demand 
for wood from mills across the board, and low prices and quotas driven 
by that lack of demand. And while timber prices have remained 
relatively stable, mills have drastically reduced their processing 
capacity--resulting in a ripple effect that has hit loggers and timber 
hauling companies hard.
  The Professional Logging Contractors of Maine projects at least a 20 
percent reduction in the annual harvest, which would threaten more than 
600 jobs and represent the potential loss of $86 million in economic 
activity in my State. The explosion of a pulp digester earlier this 
year at a mill in Jay, coupled with the recent shutdown of a paper 
machine at another mill in Westbrook, have compounded the harm imposed 
by the pandemic.
  Although the industry is certainly not alone in its struggles during 
this time, it faces unique challenges, including high capital costs 
relative to payroll and the fact that payroll costs do not reflect the 
amounts paid to independent contractors. And unlike some of our farmers 
who have been able to access direct payments from USDA and our 
fishermen who were allocated relief funding in the CARES Act, our 
forestry professionals have not been provided targeted assistance.
  The legislation we are introducing today would direct the Secretary 
of Agriculture to provide financial assistance to loggers and timber 
hauling businesses that have experienced at least a 10 percent loss in 
revenues from January 2020 through July 2020 as compared to the same 
timeframe last year. The amount would be equal to 10 percent of 2019 
gross revenues and could only be used for operating expenses, including 
payroll. I am grateful for the American Logging Council's support of 
our legislation, and urge my colleagues

[[Page S4351]]

to join in this effort to support one of our country's core economic 
drivers.
  Loggers and forestry industry professionals were rightfully deemed 
essential workers during this public health crisis, and we must ensure 
that they receive the support necessary to emerge from this downturn.
                                 ______
                                 
      By Mr. REED (for himself, Ms. Murkowski, Mr. Jones, and Mr. 
        Tillis):
  S. 4237. A bill to extend zero interest rate benefits and payment 
suspension to all Federal student loan borrowers, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, today, along with Senator Murkowski, we are 
introducing legislation to provide relief to all Federal student loan 
borrowers during this public health and economic crisis. The bipartisan 
Student Loan Fairness Act, which is also cosponsored by Senators 
Murkowski, Jones, and Tillis, will correct an inequity in the CARES Act 
that left out millions of Federal student loan borrowers from benefits 
to ease the burden of repayment as we continue to fight COVID-19.
  The CARES Act benefits are restricted to borrowers of student loans 
that are held by the Federal government. This leaves out the borrowers 
whose Federal Family Education Loans (FFEL) are still held by 
commercial and State agency lenders, and those with Perkins Loans that 
are administered by institutions of higher education. In fact, nearly 6 
million borrowers were left out under the FFEL Program and another 1.9 
million under the Perkins Loan Program. This disparate treatment by 
loan type is as confusing as it is unfair.
  In April, a broad group of more than two dozen organizations 
representing educators, borrower advocates, veterans, lenders, guaranty 
agencies, and student loan servicers implored Congress to remedy this 
inequity. They wrote, ``A Federal loan borrower--regardless of the 
origination of that loan, be it Part B, D, E, commercial, or 
government-held--should receive equal, immediate, and critical support 
in this unprecedented time . . . Already, borrowers are confused as to 
why their Federal loans are treated differently than others.''
  The Student Loan Fairness Act will extend the CARES Act relief to 
these borrowers by covering the cost of interest and suspending monthly 
payments for the period of March 13 through September 30, 2020, and 
suspending all involuntary collection, such as administrative wage 
garnishment or offsets from tax refunds, for this period.
  This legislation is one component of what should be a comprehensive 
package of student loan debt relief. As the crisis continues, we should 
extend the repayment relief until health and economic conditions 
improve sufficiently for borrowers to be able to begin repayment. 
Additionally, we should forgive at least $10,000 of debt for each 
student loan borrower to help speed the recovery and reduce the drag of 
the roughly $1.6 trillion in outstanding student loan debt on economic 
prospects for over 40 million Americans. Going forward, we must reduce 
the need for student loan borrowing by expanding need-based grants, 
such as the Pell Grant, and ensuring that states and institutions do 
their part to lower the cost to students and families.
  We should work together to build on the important steps Congress took 
to provide relief to student loan borrowers in the CARES Act. However, 
we need to ensure that all Federal student loan borrowers have access 
to this relief. I hope that my colleagues will join us in cosponsoring 
the Student Loan Fairness Act and pushing for its inclusion in the next 
COVID-19 relief package.
                                 ______
                                 
      By Mrs. LOEFFLER (for herself, Mrs. Blackburn, and Mr. Cotton):
  S. 4238. A bill to amend title 18, United States Code, relating to 
criminal street gangs, and for other purposes; to the Committee on the 
Judiciary.
  Mrs. LOEFFLER. Mr. President, this spring, 14-year-old Janina 
Valenzuela was riding a bike with a friend in Marietta, GA, when she 
was killed as part of an initiation into an MS-13 gang. In 2016, 
Christopher Dean was brutally murdered by gang members in Atlanta. The 
D.A. called it ``the most horrific death'' in recent history. His 
murder left two children without a father. In 2010, 11-year-old 
Nicholas Sheffey was shot and killed sleeping in his bed during a 
drive-by shooting in Chamblee, GA. These are just three of the too many 
lives that have been lost, tragically cut short due to senseless gang 
violence.
  In Georgia, there are over 71,000 known gang members representing a 
variety of gangs, including the Ghostface Gangsters, an all-White gang 
in Georgia; the Gangster Disciples, which formed in Chicago and quickly 
spread to Georgia; and the Aryan Brotherhood, a White supremacy gang.
  Nationwide, there are more than 1.4 million members and 33,000 gangs 
across the U.S. According to the most recent National Gang Report, half 
of law enforcement officials reported that gang-related violence has 
increased in each of their jurisdictions. Thankfully, President Trump 
and Georgia leaders have taken strong action to address the rising tide 
of gang violence and to end the cycles of violence that they cause.
  For the first time ever, the Department of Justice has brought 
terrorism charges against a member of the MS-13 gang, taking action 
against their leader and 21 other gang members.
  Under the leadership of Georgia Governor Brian Kemp and Attorney 
General Chris Carr, my home State of Georgia has led the way on 
confronting gang violence, passing legislation that gives prosecutors 
the tools they need to disrupt and dismantle these terrible gang 
networks.
  Today, I am introducing the Cracking Down on Gangs and Deporting 
Criminals Act to apply Georgia's anti-gang, pro-community measures 
across our country. This legislation, based on the Georgia law that 
Attorney General Carr has called ``one of the strongest statutes in the 
Nation,'' aims to deter and punish criminals who set out to destroy 
lives and communities. This includes violent crimes like the murders of 
Janina, Christopher, and Nicholas.
  In addition to violence, gangs run elaborate drug operations. One 
recent bust in Pickens County last month resulted in the arrest of 
nearly 50 individuals. Law enforcement confiscated nearly $2 million 
worth of methamphetamine from a drug ring run by three gangs.
  They deal in the abhorrent world of human trafficking. A study in San 
Diego County found that an astounding 85 percent of those involved in 
human trafficking were actively involved in gangs.
  Current Federal gang statute has three strict criteria that are 
difficult for prosecutors to meet in order to hold someone accountable 
for their participation in a street gang. The legislation I am 
introducing today will make it easier for Federal prosecutors to seek 
harsh sentences for gang activity. It will facilitate the removal of 
criminal gang members who are in our country illegally, and it would 
create a national gang database, making it easier to eradicate these 
gang networks.
  We need to take action now to take violent gang members off of our 
streets. Across the country, violence is skyrocketing in our cities, 
while radicals call to defund and abolish the police. The troubling 
decline in support for law enforcement, coupled with the effects of the 
pandemic and recent unrest, threatens the further spread of gang 
violence across communities in America.
  The Cracking Down on Gangs and Deporting Criminals Act will help keep 
our communities safe and support law enforcement in their work to root 
out gang activity. No family should have to go through what Janina, 
Christopher, and Nicholas did. Parents should be able to send their 
children outdoors and off to school without worrying that they won't 
make it home, and children shouldn't fear that their parents won't 
return home. It is time that we hold gang members accountable for their 
vile and evil actions and keep the American public safe
                                 ______
                                 
      By Mr. DURBIN:
  S. 4242. A bill to establish programs related to prevention of 
prescription opioid misuse, and for other purposes; to the Committee on 
Finance.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.

[[Page S4352]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4242

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Addiction Prevention and 
     Responsible Opioid Practices Act''.

     SEC. 2. EXCISE TAX ON OPIOID PAIN RELIEVERS.

       (a) In General.--Subchapter E of chapter 32 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new section:

     ``SEC. 4192. OPIOID PAIN RELIEVERS.

       ``(a) In General.--There is hereby imposed on the 
     manufacturer or producer of any taxable active opioid a tax 
     equal to the amount determined under subsection (b).
       ``(b) Amount Determined.--The amount determined under this 
     subsection with respect to a manufacturer or producer for a 
     calendar year is 1 cent per milligram of taxable active 
     opioid in the production or manufacturing quota determined 
     for such manufacturer or producer for the calendar year under 
     section 306 of the Controlled Substances Act (21 U.S.C. 826).
       ``(c) Taxable Active Opioid.--For purposes of this 
     section--
       ``(1) In general.--The term `taxable active opioid' means 
     any controlled substance (as defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802), as in effect on 
     the date of the enactment of this section) manufactured in 
     the United States which is opium, an opiate, or any 
     derivative thereof.
       ``(2) Exclusions.--
       ``(A) Other ingredients.--In the case of a product that 
     includes a taxable active opioid and another ingredient, 
     subsection (a) shall apply only to the portion of such 
     product that is a taxable active opioid.
       ``(B) Drugs used in addiction treatment.--The term `taxable 
     active opioid' shall not include any controlled substance (as 
     so defined) which is used exclusively for the treatment of 
     opioid addiction as part of a medication-assisted 
     treatment.''.
       (b) Clerical Amendments.--
       (1) The heading of subchapter E of chapter 32 of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``Medical Devices'' and inserting ``Other Medical Products''.
       (2) The table of subchapters for chapter 32 of such Code is 
     amended by striking the item relating to subchapter E and 
     inserting the following new item:

               ``subchapter e. other medical products''.

       (3) The table of sections for subchapter E of chapter 32 of 
     such Code is amended by adding at the end the following new 
     item:

``Sec. 4192. Opioid pain relievers.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after the date of the 
     enactment of this Act.

     SEC. 3. OPIOID CONSUMER ABUSE REDUCTION PROGRAM.

       (a) Opioid Take-back Program.--Section 302 of the 
     Controlled Substances Act (21 U.S.C. 822) is amended by 
     adding at the end the following:
       ``(h)(1) The Attorney General shall establish a national 
     take-back program for the safe and environmentally 
     responsible disposal of controlled substances.
       ``(2) In establishing the take-back program required under 
     paragraph (1), the Attorney General--
       ``(A) shall consult with the Secretary and the 
     Administrator of the Environmental Protection Agency; and
       ``(B) may coordinate with States, law enforcement agencies, 
     water resource management agencies, manufacturers, 
     practitioners, pharmacists, public health entities, 
     transportation and incineration service contractors, and 
     other entities and individuals, as appropriate.
       ``(3) The take-back program established under paragraph 
     (1)--
       ``(A) shall--
       ``(i) ensure appropriate geographic distribution so as to 
     provide--
       ``(I) reasonably convenient and equitable access to 
     permanent take-back locations, including not less than 1 
     disposal site for every 25,000 residents and not less than 1 
     physical disposal site per town, city, county, or other unit 
     of local government, where possible; and
       ``(II) periodic collection events and mail-back programs, 
     including public notice of such events and programs, as a 
     supplement to the permanent take-back locations described in 
     subclause (I), particularly in areas in which the provision 
     of access to such locations at the level described in that 
     subclause is not possible;
       ``(ii) establish a process for the accurate cataloguing and 
     reporting of the quantities of controlled substances 
     collected; and
       ``(iii) include a public awareness campaign and education 
     of practitioners and pharmacists; and
       ``(B) may work in coordination with State and locally 
     implemented public and private take-back programs.
       ``(4) From time to time, beginning in the second calendar 
     year that begins after the date of enactment of this 
     subsection, the Secretary of the Treasury shall transfer from 
     the general fund of the Treasury an amount equal to one-half 
     of the total amount of taxes collected under section 4192 of 
     the Internal Revenue Code of 1986 to the Attorney General to 
     carry out this subsection. Amounts transferred under this 
     subparagraph shall remain available until expended.''.
       (b) Funding of Substance Abuse Programs.--From time to 
     time, beginning in the second calendar year that begins after 
     the date of enactment of this Act, the Secretary of the 
     Treasury shall transfer from the general fund of the Treasury 
     an amount equal to one-half of the total amount of taxes 
     collected under section 4192 of the Internal Revenue Code of 
     1986, as added by this Act, to the Director of the Center for 
     Substance Abuse Treatment of the Substance Abuse and Mental 
     Health Services Administration for programs of the Center, 
     including the Block Grants for Prevention and Treatment of 
     Substance Abuse program under subpart II of part B of title 
     XIX of the Public Health Service Act (42 U.S.C. 300x-21 et 
     seq.) and Programs of Regional and National Significance. 
     Amounts transferred under this subsection shall remain 
     available until expended.

     SEC. 4. GAO STUDY.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall--
       (1) conduct a study examining the coverage offered under 
     commercial health insurance plans and reimbursement rates 
     under the Medicare program and State Medicaid plans with 
     respect to--
       (A) substance use disorder treatment services, as compared 
     to other health services, and how any disparity identified 
     under this paragraph may contribute to differences in salary 
     and turnover among substance abuse disorder providers; and
       (B) rates of coverage or reimbursement, as applicable, for 
     substance abuse disorder services provided via telehealth, as 
     compared to such services provided in-person; and
       (2) provide recommendations with respect to addressing any 
     disparities identified under subparagraph (A) or (B) of 
     paragraph (1) in order to bolster retention of substance 
     abuse disorder providers and the provision of substance abuse 
     disorder services.

     SEC. 5. EXPANDING ACCESS TO SUBSTANCE USE DISORDER AND MENTAL 
                   HEALTH SERVICES FURNISHED THROUGH TELEHEALTH 
                   UNDER THE MEDICARE PROGRAM.

       Section 1834(m)(7) of the Social Security Act (42 U.S.C. 
     1395m(m)(7)) is amended--
       (1) in the paragraph heading, by inserting ``and mental 
     health services'' after ``substance use disorder services'';
       (2) by inserting ``or, on or after the first day after the 
     end of the public health emergency described in section 
     1135(g)(1)(B), to an eligible telehealth individual for 
     purposes of diagnosis of a substance use disorder or 
     diagnosis or treatment of a mental health disorder, as 
     determined by the Secretary,'' after ``as determined by the 
     Secretary,''.

     SEC. 6. ENSURING PARITY FOR MENTAL HEALTH AND ADDICTION 
                   TREATMENT SERVICES.

       Title V of the Public Health Service Act (42 U.S.C. 290ll 
     et seq.) is amended--
       (1) in part K, by redesignating section 550 (42 U.S.C. 
     290ee-10), relating to sobriety treatment and recovery teams, 
     as section 553 and transferring such section to appear after 
     section 552 in part D; and
       (2) by adding at the end of such part D the following:

     ``SEC. 554. COMPLIANCE WITH MENTAL HEALTH AND ADDICTION 
                   TREATMENT PARITY.

       ``(a) In General.--The Secretary, in coordination with the 
     Secretary of Labor, shall award grants to, or enter into 
     cooperative agreements with, States to ensure that health 
     insurance issuers in the State comply with section 2726.
       ``(b) Use of Grant.--A State shall use amounts received 
     under a grant or cooperative agreement under this section 
     to--
       ``(1) establish clear guidelines for parity compliance for 
     mental health and substance use disorder benefits;
       ``(2) ensure parity compliance during public health 
     emergencies with best practices for delivering evidence-based 
     mental health and substance use disorder treatment, including 
     to ensure virtual, video, internet, telephonic, and other 
     remote services are appropriately covered, including 
     alignment with authorities, flexibilities, and coverage 
     promulgated by the Centers for Medicare & Medicaid Services;
       ``(3) engage with health insurance issuers to ensure that 
     they comply with the guidelines promulgated and other 
     provisions of section 2726, including through audits, market 
     conduct examinations, secret shopper programs, or other 
     means;
       ``(4) share information with other States who receive 
     grants under this section;
       ``(5) submit a report to the Secretary and the Secretary of 
     Labor on information, actions, recommendations, and such 
     other information as such secretaries may require; and
       ``(6) publicly post a summary of the report submitted under 
     paragraph (6) on the websites of the Department of Health and 
     Human Services and the Department of Labor.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for each of fiscal years 2021 through 2025.''.

     SEC. 7. FEDERAL LICENSURE OF PHARMACEUTICAL REPRESENTATIVES 
                   WHO PROMOTE CERTAIN OPIOIDS.

       Subchapter E of chapter V of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C.

[[Page S4353]]

     360bbb et seq.) is amended by adding at the end the 
     following:

     ``SEC. 569E. FEDERAL LICENSURE OF PHARMACEUTICAL 
                   REPRESENTATIVES WHO PROMOTE CERTAIN OPIOIDS.

       ``(a) In General.--The Secretary, in consultation with the 
     Attorney General, shall establish a licensure program for 
     pharmaceutical representatives described in subsection (b).
       ``(b) Licensure Program.--
       ``(1) Requirement.--Beginning on July 1, 2021, no 
     individual described in paragraph (2) may engage in the 
     marketing or promoting of opioid drugs unless such individual 
     is licensed under this section.
       ``(2) Individuals required to obtain licensure.--An 
     individual required to obtain a license under this section is 
     any individual who, on behalf of a drug manufacturer, 
     engaged, on more than 15 days in a calendar year, in the 
     marketing or promotion to health care professionals, 
     including educational or sales communications, meetings or 
     paid events, and the provision of goods, gifts, and samples, 
     of any opioid drug (other than methadone) that is listed in 
     schedule II of section 202(c) of the Controlled Substances 
     Act.
       ``(3) Licensure period.--Each license issued under this 
     section shall be valid for 3 years, and may be renewed for 
     additional 3-year periods.
       ``(c) Requirements.--An individual required to obtain a 
     license under this section shall--
       ``(1) submit to the Secretary, at such time and in such 
     manner as the Secretary may require--
       ``(A) such information as the Secretary may require; and
       ``(B) a registration fee in the amount of $3,000;
       ``(2) certify that such individual has completed training 
     on ethics, pharmaceutical marketing regulations, the `CDC 
     Guidelines for Prescribing Opioids for Chronic Pain', 
     published by the Centers for Disease Control and Prevention 
     in 2016 (or any successor document) or the `FDA Blueprint for 
     Prescriber Education for Extended-Release and Long-Acting 
     Opioid Analgesics', and applicable Federal laws pertaining to 
     drug marketing, labeling, and clinical trials, as the 
     Secretary may require;
       ``(3) certify that such individual will not engage in any 
     illegal, fraudulent, misleading, or other deceptive marketing 
     of schedule II opioid drugs; and
       ``(4) file with the Secretary annual reports disclosing the 
     names of providers visited and any drug samples or gifts such 
     individual gives any such provider.
       ``(d) Manufacturer Reporting Requirements.--The 
     manufacturer who employs or contracts with any individual 
     required to obtain a license under this section shall include 
     in reports required under section 1128G of the Social 
     Security Act the name of each such licensed individual that 
     provides payments or other transfers of value required to be 
     reported under such section 1128G that relates to an opioid 
     drug that is listed in schedule II of the Controlled 
     Substances Act.''.

     SEC. 8. WITHDRAWAL OF APPROVAL OF CERTAIN OPIOIDS.

       (a) In General.--Notwithstanding any other provision of 
     law, any ultra-high-dose opioid shall be considered a drug 
     that presents an imminent hazard to the public health within 
     the meaning of section 505(e) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355(e)), and the Secretary of Health 
     and Human Services shall suspend the approval of such drug, 
     in accordance with such section 505(e).
       (b) Definition.--In this section, the term ``ultra-high-
     dose opioid'' means an opioid drug for which the daily dosage 
     provided for in the approved label exceeds the morphine 
     milligram equivalents per day outlined in the report entitled 
     ``CDC Guidelines for Prescribing Opioids for Chronic Pain'', 
     published by the Centers for Disease Control and Prevention 
     in 2016 (or any successor document).

     SEC. 9. CONTINUING MEDICAL EDUCATION AND PRESCRIPTION DRUG 
                   MONITORING PROGRAM REGISTRATION FOR 
                   PRESCRIBERS.

       Section 303 of the Controlled Substances Act (21 U.S.C. 
     823) is amended--
       (1) by redesignating subsection (k) as subsection (l); and
       (2) by inserting after subsection (j) the following:
       ``(k)(1) The Attorney General shall not register, or renew 
     the registration of, a practitioner under subsection (f) who 
     is licensed under State law to prescribe controlled 
     substances in schedule II, III, or IV, unless the 
     practitioner submits to the Attorney General, for each such 
     registration or renewal request, a written certification 
     that--
       ``(A)(i) the practitioner has, during the 1-year period 
     preceding the registration or renewal request, completed a 
     training program described in paragraph (2); or
       ``(ii) the practitioner, during the applicable registration 
     period, will not prescribe such controlled substances in 
     amounts in excess of a 72-hour supply (for which no refill is 
     available); and
       ``(B) the practitioner has registered with the prescription 
     drug monitoring program of the State in which the 
     practitioner practices, if the State has such program.
       ``(2) A training program described in this paragraph is a 
     training program that--
       ``(A) follows the best practices for pain management, as 
     described in the `Guideline for Prescribing Opioids for 
     Chronic Pain' as published by the Centers for Disease Control 
     and Prevention in 2016, or any successor thereto, or the `FDA 
     Blueprint for Prescriber Education for Extended-Release and 
     Long-Acting Opioid Analgesics' as published by the Food and 
     Drug Administration in 2017, or any successor thereto;
       ``(B) includes information on--
       ``(i) recommending non-opioid and non-pharmacological 
     therapy;
       ``(ii) establishing treatment goals and evaluating patient 
     risks;
       ``(iii) prescribing the lowest dose and fewest number of 
     pills considered effective;
       ``(iv) addictive and overdose risks of opioids;
       ``(v) diagnosing and managing substance use disorders, 
     including linking patients to evidence-based treatment;
       ``(vi) identifying narcotics-seeking behaviors; and
       ``(vii) using prescription drug monitoring programs; and
       ``(C) is approved by the Secretary.''.

     SEC. 10. REPORT ON PRESCRIBER EDUCATION COURSES FOR MEDICAL 
                   AND DENTAL STUDENTS.

       Each school of medicine, school of osteopathic medicine, 
     and school of dentistry participating in a program under 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a 
     et seq.), as a condition for such participation, shall submit 
     an annual report to the Secretary of Education and the 
     Secretary of Health and Human Services on any prescriber 
     education courses focused specifically on pain management and 
     responsible opioid prescribing practices that such school 
     requires students to take, and whether such courses are 
     consistent with the most recently published version of the 
     ``Guideline for Prescribing Opioids for Chronic Pain'' of the 
     Centers for Disease Control and Prevention or the ``FDA 
     Blueprint for Prescriber Education for Extended-Release and 
     Long-Acting Opioid Analgesics'', as published by the Food and 
     Drug Administration in 2017. The Secretary of Education and 
     the Secretary of Health and Human Services shall compile the 
     reports submitted by such schools and submit an annual 
     summary of such reports to Congress.

     SEC. 11. REQUIREMENTS UNDER PRESCRIPTION DRUG MONITORING 
                   PROGRAMS.

       (a) In General.--Beginning 1 year after the date of 
     enactment of this Act, each State that receives funding under 
     any of the programs described in subsection (c) shall--
       (1) require practitioners, or their designees, in the State 
     to consult the database of the prescription drug monitoring 
     program before writing prescriptions for controlled 
     substances (as such term is defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)) in schedule II, 
     III, or IV under section 202 of such Act (21 U.S.C. 812);
       (2) require dispensers of controlled substances in schedule 
     II, III, or IV, or their designees, to input data into the 
     database of the prescription drug monitoring program within 
     24 hours of filling a qualifying prescription, as required by 
     the Attorney General and the Secretary of Health and Human 
     Services, including patient identifier information, the 
     national drug code of the dispensed drug, date of dispensing 
     the drug, quantity and dosage of the drug dispensed, form of 
     payment, Drug Enforcement Administration registration number 
     of the practitioner, Drug Enforcement Administration 
     registration number of the dispenser;
       (3) allow practitioners and dispensers to designate other 
     appropriate individuals to act as agents of such 
     practitioners and dispensers for purposes of obtaining and 
     inputing data from the database for purposes of complying 
     with paragraphs (1) and (2), as applicable;
       (4) provide informational materials for practitioners and 
     dispensers to identify and refer patients with possible 
     substance use disorders to professional treatment 
     specialists;
       (5) establish formal data sharing agreements to foster 
     electronic connectivity with the prescription drug monitoring 
     programs of each State (if such State has such a program) 
     with which the State shares a border, to facilitate the 
     exchange of information through an established technology 
     architecture that ensures common data standards, privacy 
     protection, and secure and streamlined information sharing;
       (6) authorize direct access to the State's database of the 
     prescription drug monitoring program to all State law 
     enforcement agencies, State boards responsible for the 
     licensure, regulation, or discipline of practitioners, 
     pharmacists, or other persons authorized to prescribe, 
     administer, or dispense controlled substances; and
       (7) in order to enhance accountability in prescribing and 
     dispensing patterns, not fewer than 4 times per year, 
     proactively provide informational reports on aggregate trends 
     and individual outliers, based on information available 
     through the State prescription drug monitoring program to--
       (A) the State entities and persons described in paragraph 
     (6); and
       (B) the Medicaid agency and the department of public health 
     of the State.
       (b) Transparency in Prescribing Practices and Intervention 
     for High Prescribers.--
       (1) State reporting requirement.--Each State that receives 
     funding under any of the programs described in subsection (c) 
     shall, twice per year, submit to the Secretary of Health and 
     Human Services and the Administrator of the Drug Enforcement 
     Administration--

[[Page S4354]]

       (A) a list of all practitioners and dispensers who, in the 
     applicable reporting period, have prescribed or dispensed 
     schedule II, III, or IV opioids in the State;
       (B) the amount of schedule II, III, or IV opioids that were 
     prescribed and dispensed by each individual practitioner and 
     dispenser described in subparagraph (A); and
       (C) any additional information that the Secretary and 
     Administrator may require to support surveillance and 
     evaluation of trends in prescribing or dispensing of schedule 
     II, III, or IV opioids, or to identify possible non-medical 
     use and diversion of such substances.
       (2) Annual report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     of Health and Human Services, in consultation with the 
     Administrator of the Drug Enforcement Administration, the 
     Secretary of Defense, the Secretary of Veterans Affairs, and 
     the Director of the Indian Health Service, shall submit to 
     Congress, and make public, a report identifying outliers 
     among the medical specialties and geographic areas with the 
     highest rates of opioid prescribing in the Nation, by zip 
     code.
       (3) Development of action plan.--
       (A) Initial plan.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, in consultation with the Administrator of the Drug 
     Enforcement Administration, the Secretary of Defense, the 
     Secretary of Veterans Affairs, and the Director of the Indian 
     Health Service, shall submit to Congress a plan of action, 
     including warning letters and enforcement mechanisms, for 
     addressing outliers in opioid prescribing practices and 
     ensuring an adequate Federal response to protect the public 
     health.
       (B) Updated plan.--The Secretary of Health and Human 
     Services shall submit to Congress updates to the plan of 
     action described in subparagraph (A), as such Secretary, in 
     consultation with the heads of agencies described in such 
     subparagraph, determines appropriate.
       (c) Programs Described.--The programs described in this 
     subsection are--
       (1) the Harold Rogers Prescription Drug Monitoring Program 
     established under the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 2002 (Public Law 107-77; 115 Stat. 748);
       (2) the controlled substance monitoring program under 
     section 399O of the Public Health Service Act (42 U.S.C. 
     280g-3);
       (3) the Prescription Drug Overdose: Prevention for States 
     program of the Centers for Disease Control and Prevention;
       (4) the Prescription Drug Overdose: Data-Driven Prevention 
     Initiative of Centers for Disease Control and Prevention;
       (5) the Enhanced State Opioid Overdose Surveillance program 
     of the Centers for Disease Control and Prevention;
       (6) the opioid grant program under section 1003 of the 21st 
     Century Cures Act (Public Law 114-255); and
       (7) the State Opioid Response Grant program described under 
     the heading ``substance abuse treatment'' under the heading 
     ``Substance Abuse and Mental Health Services Administration'' 
     of title II of division A of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94).
       (d) Definitions.--In this section, the terms ``dispenser'' 
     and ``practitioner'' have the meanings given such terms in 
     section 102 of the Controlled Substances Act (21 U.S.C. 802).

     SEC. 12. INTEROPERABILITY OF CERTIFIED HEALTH INFORMATION 
                   TECHNOLOGY.

       Section 3001(c)(5) of the Public Health Service Act (42 
     U.S.C. 300jj-11(c)(5)) is amended by adding at the end the 
     following:
       ``(F) Interoperability.--Beginning on January 1, 2021, the 
     National Coordinator shall not certify electronic health 
     records as health information technology that is in 
     compliance with applicable certification criteria under this 
     paragraph unless such technology is interoperable with the 
     prescription drug monitoring programs of each State that, at 
     the time of the request for such certification, has such a 
     program.''.

     SEC. 13. STUDIES RELATED TO OVERDOSE DISCHARGE AND FOLLOW-UP 
                   POLICIES.

       (a) Study.--Not later than January 1, 2021, the Secretary 
     of Health and Human Services shall--
       (1) conduct a study on the scope and circumstances of non-
     fatal opioid overdoses, the policies and procedures that 
     States, health care systems, and first responders have 
     implemented; and
       (2) in partnership with stakeholder organizations with 
     subject matter expertise, establish guidelines for hospital 
     procedures following non-fatal opioid overdose and the 
     administration of overdose reversal medication.
       (b) Study and Development of Quality Measures Under 
     Medicare Related to Opioid Abuse and Substance Use 
     Disorder.--Section 1890A(e) of the Social Security Act (42 
     U.S.C. 1395aaa-1(e)) is amended--
       (1) by striking ``Measures.--The Administrator'' and 
     inserting ``Measures.--
       ``(1) In general.--The Administrator''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Study and development of quality measures related to 
     opioid abuse and substance use disorder.--Beginning not later 
     than 1 year after the date of enactment of this paragraph, 
     the Administrator of the Center for Medicare & Medicaid 
     Services shall study, and through contracts develop, in 
     coordination with appropriate subject matter organizations 
     (such as the entity with a contract under section 1890), for 
     use under this Act, quality measures related to standards of 
     care for treating individuals with non-fatal opioid overdose, 
     discharge procedures, and linkages to appropriate substance 
     use disorder treatment and community support services.''.

     SEC. 14. MEDICAID OPIOID DRUG MAPPING TOOL.

       (a) In General.--The Secretary of Health and Human Services 
     shall create an interactive opioid drug mapping tool, which 
     shall be made publicly available on the internet website of 
     the Centers for Medicare & Medicaid Services, showing 
     prescribing practices of providers that participate in State 
     Medicaid programs and geographic comparisons, at the State, 
     county, and ZIP code levels, of de-identified opioid 
     prescription claims made under State Medicaid programs under 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).
       (b) Collection of Data From States.--The Secretary of 
     Health and Human Services may request from States such data 
     as the Secretary determines necessary to create the opioid 
     mapping tool described in subsection (a).

     SEC. 15. NATIONAL ACADEMIES STUDY.

       (a) Study.--The Secretary of Health and Human Services 
     shall enter into a contract with the National Academies of 
     Science, Engineering, and Medicine (referred to in this 
     section as the ``National Academies'') to carry out a study 
     on the addition of coverage under the Medicare program under 
     title XVIII of the Social Security Act of alternative 
     treatment modalities (such as integrative medicine, including 
     acupuncture and exercise therapy, neural stimulation, 
     biofeedback, radiofrequency ablation, and trigger point 
     injections) furnished to Medicare beneficiaries who suffer 
     from acute or chronic lower back pain. Such study shall, 
     pursuant to the contract under this paragraph, include an 
     analysis of--
       (1) scientific research on the short-term and long-term 
     impact of the addition of such coverage on clinical efficacy 
     for pain management of such beneficiaries;
       (2) whether the lack of Medicare coverage for alternative 
     treatment modalities impacts the volume of opioids prescribed 
     for beneficiaries; and
       (3) the cost to the Medicare program of the addition of 
     such coverage to treat pain and mitigate the progression of 
     chronic pain, as weighed against the cost of opioid use 
     disorder, overdose, readmission, subsequent surgeries, and 
     utilization and expenditures under parts B and D of such 
     title.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, pursuant to the contract under 
     subsection (a), the National Academies shall submit to 
     Congress a report on the study under subsection (a).
       (c) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated such sums as 
     may be necessary.
                                 ______
                                 
      By Mr. DURBIN:
  S. 4243. A bill to protect children of certain immigrant workers from 
detention and removal and aging out of lawful status, and for other 
purposes; to the Committee on the Judiciary.

                                S. 4243

  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record. There being no objection, the text 
of the bill was ordered to be printed in the Record, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protect Children of 
     Immigrant Workers Act''.

     SEC. 2. PROTECTING CHILDREN OF CERTAIN IMMIGRANT WORKERS FROM 
                   DETENTION AND REMOVAL AND AGING OUT OF LAWFUL 
                   STATUS.

       (a) In General.--Notwithstanding any other provision of 
     law, subject to subsection (b), with respect to an individual 
     whose parent is the principal beneficiary of an approved 
     employment-based immigrant worker petition filed on a date on 
     which the individual was a child (as defined in section 
     101(b) of the Immigration and Nationality Act (8 U.S.C. 
     1101(b))--
       (1) the Secretary of Homeland Security shall not detain, 
     refer for removal, initiate removal proceedings against, or 
     remove the individual; and
       (2) the individual shall--
       (A) without regard to immigrant intent and on application 
     by the individual, be eligible--
       (i) to extend nonimmigrant dependent status connected to 
     the nonimmigrant status of such parent until the date on 
     which an application for lawful permanent resident status 
     filed by the individual pursuant to subparagraph (B) is 
     adjudicated; or
       (ii) to extend or change status to an alternative 
     nonimmigrant status independent of such parent's visa status 
     until the date on which an application for lawful permanent 
     resident status filed by the individual pursuant to that 
     subparagraph is adjudicated; and

[[Page S4355]]

       (B) qualify as a derivative beneficiary child for immigrant 
     visa purposes beginning on the date on which such parent's 
     employment-based immigrant worker petition is approved and 
     ending on the date on which the individual's application for 
     lawful permanent resident status is adjudicated, regardless 
     of whether such parent is living or deceased.
       (b) Applicability.--Subsection (a) shall not apply to any 
     individual who the Secretary determines, on an individualized 
     basis, poses a threat to public safety or national security.

                          ____________________