[Congressional Record (Bound Edition), Volume 162 (2016), Part 2]
[Senate]
[Pages 2369-2381]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3326. 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:
       __. Limitation on Copayments for Naloxone.--Section 2713(a) 
     of the Public Health Service Act (42 U.S.C. 300gg-13) is 
     amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraphs (3) and (4), by striking the period and 
     inserting a semicolon;
       (3) in paragraph (5), by striking the period and inserting 
     ``; and''; and
       (4) by adding at the end the following:
       ``(6) the prescription of naloxone or any opioid overdose 
     anecdote drug.''.
                                 ______
                                 
  SA 3327. 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:

       On page 65, after line 23, insert the following:

     SEC. 504. ELIMINATION OF COPAYMENT REQUIREMENT FOR VETERANS 
                   RECEIVING OPIOID ANTAGONISTS OR EDUCATION ON 
                   USE OF OPIOID ANTAGONISTS.

       (a) Copayment for Opioid Antagonists.--Section 1722A(a) of 
     title 38, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(4) Paragraph (1) does not apply to opioid antagonists 
     furnished under this chapter to a veteran who is at high risk 
     for overdose of a specific medication or substance in order 
     to reverse the effect of such an overdose.''.
       (b) Copayment for Education on Use of Opioid Antagonists.--
     Section 1710(g)(3) of such title is amended--
       (1) by striking ``with respect to home health services'' 
     and inserting ``with respect to the following:
       ``(A) Home health services''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Education on the use of opioid antagonists to reverse 
     the effects of overdoses of specific medications or 
     substances.''.
                                 ______
                                 
  SA 3328. Mr. REED (for himself and Mr. Durbin) submitted an amendment

[[Page 2370]]

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:

                     TITLE __--OVERDOSE PREVENTION

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Overdose Prevention Act''.

     SEC. _02. FINDINGS.

       Congress finds the following:
       (1) According to the Centers for Disease Control and 
     Prevention, each day in the United States, more than 100 
     people die from a drug overdose. Among people 25 to 64 years 
     old, drug overdose causes more deaths than motor vehicle 
     accidents.
       (2) The Centers for Disease Control and Prevention reports 
     that nearly 44,000 people in the United States died from a 
     drug overdose in 2013 alone. More than 80 percent of those 
     deaths were due to unintentional drug overdoses, and many 
     could have been prevented.
       (3) Deaths resulting from unintentional drug overdoses 
     increased more than 300 percent between 1980 and 1998, and 
     more than tripled between 1999 and 2013.
       (4) Nearly 92 percent of all unintentional poisoning deaths 
     are due to drugs. Since 1999, in the United States the 
     population of non-Hispanic Whites and the population of 
     Indians (as defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b)) 
     have seen the highest rates of unintentional drug poisoning 
     deaths.
       (5) Opioid medications such as oxycodone and hydrocodone 
     were involved in nearly 46 percent of all unintentional drug 
     poisoning deaths in 2013.
       (6) Unintentional drug poisoning deaths involving heroin 
     nearly tripled between 2010 and 2013 and were 23 percent of 
     all unintentional drug poisoning deaths in 2013.
       (7) Between 1999 and 2010, opioid medication overdose 
     fatalities increased by more than 400 percent among women and 
     265 percent among men.
       (8) Military veterans are at elevated risk of experiencing 
     a drug overdose. Veterans who served in Vietnam, Iraq, or 
     Afghanistan and who have combat injuries, posttraumatic 
     stress disorder, and other co-occurring mental health 
     diagnoses are at elevated risk of fatal drug overdose from 
     opioid medications.
       (9) Rural and suburban regions are disproportionately 
     affected by opioid medication and heroin overdoses. From 2000 
     through 2013, the age-adjusted rate for drug poisoning deaths 
     involving heroin has increased nearly 11-fold in the Midwest 
     region and more than 3-fold in the South region.
       (10) Urban centers also continue to struggle with overdose, 
     which is the leading cause of death among homeless adults.
       (11) In 2009 alone, estimated lost productivity and direct 
     medical costs from opioid medication poisonings exceeded 
     $20,000,000,000.
       (12) Opioid medication poisonings cost health insurers an 
     estimated $72,000,000,000 annually in medical costs.
       (13) Both fatal and nonfatal overdoses place a heavy burden 
     on public health and public safety resources, yet there is no 
     coordinated cross-Federal agency response to prevent overdose 
     fatalities.
       (14) Naloxone is a medication that rapidly reverses 
     overdose from heroin and opioid medications.
       (15) Naloxone has no pharmacological effect if administered 
     to a person who has not taken opioids and has no potential 
     for abuse. Naloxone provides additional time to obtain 
     necessary medical assistance during an overdose.
       (16) Lawmakers in Arkansas, California, Colorado, 
     Connecticut, Delaware, Georgia, Idaho, Illinois, Indiana, 
     Kentucky, Maine, Maryland, Massachusetts, Michigan, 
     Minnesota, Mississippi, Nevada, New Jersey, New Mexico, New 
     York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, 
     Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, 
     Virginia, Washington, West Virginia, Wisconsin, and the 
     District of Columbia have removed legal impediments to 
     increasing naloxone prescription and its use by bystanders 
     who are in a position to respond to an overdose.
       (17) The American Medical Association and the American 
     Public Health Association support further implementation of 
     community-based programs that offer naloxone and other opioid 
     overdose prevention services.
       (18) Community-based overdose prevention programs have 
     successfully prevented deaths from opioid overdoses by making 
     rescue training and naloxone available to first responders, 
     parents, and other bystanders who may encounter an overdose. 
     A study funded by the Centers for Disease Control and 
     Prevention of community-based overdose prevention programs 
     provided by the Massachusetts Department of Public Health 
     found that communities with access to overdose prevention 
     programs experienced lower mortality rates from opioid 
     overdoses than communities that did not have access to 
     overdose prevention programs during the study period.
       (19) Over 150,000 potential bystanders have been trained by 
     overdose prevention programs in the United States. A Centers 
     for Disease Control and Prevention report credits overdose 
     prevention programs with reversing more than 26,000 overdoses 
     since 1996.
       (20) At least 188 local overdose prevention programs are 
     operating in the United States, including in major cities 
     such as Baltimore, Chicago, Los Angeles, New York City, 
     Boston, San Francisco, and Philadelphia, and statewide in New 
     Mexico, Massachusetts, and New York. Between December 2007 
     and March 2014, overdose prevention programs facilitated by 
     the Massachusetts Department of Public Health trained more 
     than 22,500 people who reported more than 2,655 rescues. 
     Since 2004, a program administered by the Baltimore City 
     Health Department has trained more than 11,000 people who 
     reported more than 220 rescues. Project Lazarus, an overdose 
     prevention program in Wilkes County, North Carolina, reduced 
     overdose deaths 69 percent between 2009 and 2011.
       (21) In Illinois, the Department of Human Services, 
     Division of Alcoholism and Substance Abuse has enrolled over 
     20 drug overdose prevention programs with over 100 designated 
     sites across Illinois targeting multiple service populations. 
     These enrollees include police departments, county health 
     departments, medical facilities, licensed substance abuse 
     treatment programs, and community organizations. Statewide, 
     over 2,000 police officers and more than 600 others have been 
     trained thus far. The DuPage County Illinois Health 
     Department has trained over 1,200 police officers and has 
     reported 34 overdose reversals in 2014 alone.
       (22) The Office of National Drug Control Policy supports 
     equipping first responders to help reverse overdoses. Police 
     officers on patrol in Quincy, Massachusetts, have conducted 
     300 overdose rescues with naloxone since 2011. The police 
     department has reported a 95-percent success rate with 
     overdose rescue attempts by police officers. In Suffolk 
     County, New York, police officers have saved more than 563 
     lives with naloxone in 2013 alone.
       (23) Research shows that the cost per year of life gained 
     by making naloxone available to reverse overdoses is within 
     the range of what people in the United States usually pay for 
     health treatments.
       (24) Prompt administration of naloxone and provision of 
     emergency care by a bystander can reduce health complications 
     and health care costs that arise when a person is deprived of 
     oxygen for an extended period of time.
       (25) Overdose prevention programs are needed in 
     correctional facilities, addiction treatment programs, and 
     other places where people are at higher risk of overdosing 
     after a period of abstinence.
       (26) Timely, drug-specific fatal and nonfatal surveillance 
     data at the local, State, and regional level is critically 
     needed to target prevention efforts.
       (27) People affected by drug overdose gather on August 31 
     of each year in communities nationwide for Overdose Awareness 
     Day, to mourn and pay tribute to loved ones and raise 
     awareness about overdose risk and prevention.

     SEC. _03. OVERDOSE PREVENTION PROGRAMS.

       Title III of the Public Health Service Act (42 U.S.C. 241 
     et seq.) is amended by adding at the end the following:

                 ``PART W--OVERDOSE PREVENTION PROGRAMS

     ``SEC. 399OO. COOPERATIVE AGREEMENT PROGRAM TO REDUCE DRUG 
                   OVERDOSE DEATHS.

       ``(a) Program Authorized.--The Secretary, acting through 
     the Administrator of the Substance Abuse and Mental Health 
     Services Administration, shall enter into cooperative 
     agreements with eligible entities to enable the eligible 
     entities to reduce deaths occurring from overdoses of drugs.
       ``(b) Eligible Entities.--To be eligible to receive a 
     cooperative agreement under this section, an entity shall be 
     a State, local, or tribal government, a correctional 
     institution, a law enforcement agency, a community agency, a 
     professional organization in the field of poison control and 
     surveillance, or a private nonprofit organization.
       ``(c) Application.--
       ``(1) In general.--An eligible entity desiring a 
     cooperative agreement under this section shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(2) Contents.--An application under paragraph (1) shall 
     include--
       ``(A) a description of the activities to be funded through 
     the cooperative agreement; and
       ``(B) evidence that the eligible entity has the capacity to 
     carry out such activities.
       ``(d) Priority.--In entering into cooperative agreements 
     under subsection (a), the Secretary shall give priority to 
     eligible entities that--
       ``(1) are a public health agency or community-based 
     organization; and
       ``(2) have expertise in preventing deaths occurring from 
     overdoses of drugs in populations at high risk of such 
     deaths.
       ``(e) Eligible Activities.--As a condition of receipt of a 
     cooperative agreement under

[[Page 2371]]

     this section, an eligible entity shall agree to use the 
     cooperative agreement to do each of the following:
       ``(1) Purchase and distribute the drug naloxone or a 
     similarly effective medication.
       ``(2) Carry out one or more of the following activities:
       ``(A) Educating prescribers and pharmacists about overdose 
     prevention and naloxone prescription, or prescriptions of a 
     similarly effective medication.
       ``(B) Training first responders, other individuals in a 
     position to respond to an overdose, and law enforcement and 
     corrections officials on the effective response to 
     individuals who have overdosed on drugs. Training pursuant to 
     this subparagraph may include any activity that is 
     educational, instructional, or consultative in nature, and 
     may include volunteer training, awareness building exercises, 
     outreach to individuals who are at risk of a drug overdose, 
     and distribution of educational materials.
       ``(C) Implementing and enhancing programs to provide 
     overdose prevention, recognition, treatment, and response to 
     individuals in need of such services.
       ``(D) Educating the public and providing outreach to the 
     public about overdose prevention and naloxone prescriptions, 
     or prescriptions of other similarly effective medications.
       ``(f) Coordinating Center.--
       ``(1) Establishment.--The Secretary shall establish and 
     provide for the operation of a coordinating center 
     responsible for--
       ``(A) collecting, compiling, and disseminating data on the 
     programs and activities under this section, including 
     tracking and evaluating the distribution and use of naloxone 
     and other similarly effective medication;
       ``(B) evaluating such data and, based on such evaluation, 
     developing best practices for preventing deaths occurring 
     from drug overdoses;
       ``(C) making such best practices specific to the type of 
     community involved;
       ``(D) coordinating and harmonizing data collection 
     measures;
       ``(E) evaluating the effects of the program on overdose 
     rates; and
       ``(F) education and outreach to the public about overdose 
     prevention and prescription of naloxone and other similarly 
     effective medication.
       ``(2) Reports to center.--As a condition on receipt of a 
     cooperative agreement under this section, an eligible entity 
     shall agree to prepare and submit, not later than 90 days 
     after the end of the cooperative agreement period, a report 
     to such coordinating center and the Secretary describing the 
     results of the activities supported through the cooperative 
     agreement.
       ``(g) Duration.--The period of a cooperative agreement 
     under this section shall be 4 years.
       ``(h) Definition.--In this part, the term `drug'--
       ``(1) means a drug, as defined in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); and
       ``(2) includes controlled substances, as defined in section 
     102 of the Controlled Substances Act (21 U.S.C. 802).
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated $20,000,000 to carry out this 
     section for each of the fiscal years 2016 through 2020.

     ``SEC. 399OO-1. SURVEILLANCE CAPACITY BUILDING.

       ``(a) Program Authorized.--The Secretary, acting through 
     the Director of the Centers for Disease Control and 
     Prevention, shall award cooperative agreements to eligible 
     entities to improve fatal and nonfatal drug overdose 
     surveillance and reporting capabilities, including--
       ``(1) providing training to improve identification of drug 
     overdose as the cause of death by coroners and medical 
     examiners;
       ``(2) establishing, in cooperation with the National Poison 
     Data System, coroners, and medical examiners, a comprehensive 
     national program for surveillance of, and reporting to an 
     electronic database on, drug overdose deaths in the United 
     States; and
       ``(3) establishing, in cooperation with the National Poison 
     Data System, a comprehensive national program for 
     surveillance of, and reporting to an electronic database on, 
     fatal and nonfatal drug overdose occurrences, including 
     epidemiological and toxicologic analysis and trends.
       ``(b) Eligible Entity.--To be eligible to receive a 
     cooperative agreement under this section, an entity shall 
     be--
       ``(1) a State, local, or tribal government; or
       ``(2) the National Poison Data System working in 
     conjunction with a State, local, or tribal government.
       ``(c) Application.--
       ``(1) In general.--An eligible entity desiring a 
     cooperative agreement under this section shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(2) Contents.--The application described in paragraph (1) 
     shall include--
       ``(A) a description of the activities to be funded through 
     the cooperative agreement; and
       ``(B) evidence that the eligible entity has the capacity to 
     carry out such activities.
       ``(d) Report.--As a condition of receipt of a cooperative 
     agreement under this section, an eligible entity shall agree 
     to prepare and submit, not later than 90 days after the end 
     of the cooperative agreement period, a report to the 
     Secretary describing the results of the activities supported 
     through the cooperative agreement.
       ``(e) National Poison Data System.--In this section, the 
     term `National Poison Data System' means the system operated 
     by the American Association of Poison Control Centers, in 
     partnership with the Centers for Disease Control and 
     Prevention, for real-time local, State, and national 
     electronic reporting, and the corresponding database network.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $5,000,000 for each of the fiscal years 2016 through 2020.

     ``SEC. 399OO-2. REDUCING OVERDOSE DEATHS.

       ``(a) Prevention of Drug Overdose.--Not later than 180 days 
     after the date of the enactment of this section, the 
     Secretary, in consultation with a task force comprised of 
     stakeholders, shall develop a plan to reduce the number of 
     deaths occurring from overdoses of drugs and shall submit the 
     plan to Congress. The plan shall include--
       ``(1) a plan for implementation of a public health campaign 
     to educate prescribers and the public about overdose 
     prevention and prescription of naloxone and other similarly 
     effective medication;
       ``(2) recommendations for improving and expanding overdose 
     prevention programming; and
       ``(3) recommendations for such legislative or 
     administrative action as the Secretary determines 
     appropriate.
       ``(b) Task Force Representation.--
       ``(1) Required members.--The task force under subsection 
     (a) shall include at least one representative of each of the 
     following:
       ``(A) Individuals directly impacted by drug overdose.
       ``(B) Direct service providers who engage individuals at 
     risk of a drug overdose.
       ``(C) Drug overdose prevention advocates.
       ``(D) The National Institute on Drug Abuse.
       ``(E) The Center for Substance Abuse Treatment.
       ``(F) The Centers for Disease Control and Prevention.
       ``(G) The Health Resources and Services Administration.
       ``(H) The Food and Drug Administration.
       ``(I) The Office of National Drug Control Policy.
       ``(J) The American Medical Association.
       ``(K) The American Association of Poison Control Centers.
       ``(L) The Federal Bureau of Prisons.
       ``(M) The Centers for Medicare & Medicaid Services.
       ``(N) The Department of Justice.
       ``(O) The Department of Defense.
       ``(P) The Department of Veterans Affairs.
       ``(Q) First responders.
       ``(R) Law enforcement.
       ``(S) State agencies responsible for drug overdose 
     prevention.
       ``(2) Additional members.--In addition to the 
     representatives required by paragraph (1), the task force 
     under subsection (a) may include other individuals with 
     expertise relating to drug overdoses or representatives of 
     entities with expertise relating to drug overdoses, as the 
     Secretary determines appropriate.''.

     SEC. _04. OVERDOSE PREVENTION RESEARCH.

       Subpart 15 of part C of title IV of the Public Health 
     Service Act (42 U.S.C. 285o et seq.) is amended by adding at 
     the end the following:

     ``SEC. 464Q. OVERDOSE PREVENTION RESEARCH.

       ``(a) Overdose Research.--The Director of the Institute 
     shall prioritize and conduct or support research on drug 
     overdose and overdose prevention. The primary aims of this 
     research shall include--
       ``(1) an examination of circumstances that contribute to 
     drug overdose and identification of drugs associated with 
     fatal overdose;
       ``(2) an evaluation of existing overdose prevention 
     methods;
       ``(3) pilot programs or research trials on new overdose 
     prevention strategies or programs that have not been studied 
     in the United States;
       ``(4) scientific research concerning the effectiveness of 
     overdose prevention programs, including how to effectively 
     implement and sustain such programs;
       ``(5) comparative effectiveness research of model programs; 
     and
       ``(6) implementation of science research concerning 
     effective overdose prevention programming examining how to 
     implement and sustain overdose prevention programming.
       ``(b) Formulations of Naloxone.--The Director of the 
     Institute shall support research on the development of 
     formulations of naloxone, and other similarly effective 
     medications, and dosage delivery devices specifically 
     intended to be used by lay persons or first responders for 
     the prehospital treatment of unintentional drug overdose.
       ``(c) Definition.--In this section, the term `drug' has the 
     meaning given such term in section 399OO.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to

[[Page 2372]]

     carry out this section $5,000,000 for each of the fiscal 
     years 2016 through 2020.''.
                                 ______
                                 
  SA 3329. 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:

       At the end of title I, add the following:

     SEC. 104. OPIOID ACTION PLAN.

       (a) Advisory Committee.--
       (1) New drug application.--Except as provided in paragraph 
     (4), prior to the approval of a new drug that is an opioid 
     under section 505 of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 355), the Commissioner of Food and Drugs shall 
     refer such drug to an advisory committee of the Food and Drug 
     Administration to seek recommendations from such Committee.
       (2) Pediatric opioid labeling.--The Commissioner of Food 
     and Drugs shall convene the Pediatric Advisory Committee of 
     the Food and Drug Administration to seek recommendations from 
     such Committee regarding a framework for the inclusion of 
     information in the labeling of drugs that are opioids 
     relating to the use of such drugs in pediatric populations 
     before such Commissioner approves any labeling changes for 
     drugs that are opioids intended for use in pediatric 
     populations.
       (3) Public health exemption.--If the Commissioner of Food 
     and Drugs finds that referring a new opioid drug or drugs to 
     an advisory committee of the Food and Drug Administration as 
     required under paragraph (1) is not in the interest of 
     protecting and promoting public health, and has submitted a 
     notice containing the rationale for such a finding to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives, or if the matter that would be considered 
     by such advisory committee with respect to any such drug or 
     drugs concerns bioequivalence or sameness of active 
     ingredients, the Commissioner shall not be required to refer 
     such drug or drugs to an advisory committee as required under 
     paragraph (1).
       (4) Sunset.--Unless Congress reauthorizes paragraphs (1) 
     and (2), the requirements of such paragraphs shall cease to 
     be effective on October 1, 2022.
       (b) Continuing Medical Education for Prescribers of 
     Opioids.--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, in 
     consultation with the Director of the Centers for Disease 
     Control and Prevention, the Director of the National 
     Institutes of Health, the Administrator of the Agency for 
     Healthcare Research and Quality, the Administrator of the 
     Drug Enforcement Administration, and relevant stakeholders, 
     shall develop recommendations regarding continuing medical 
     education programs for prescribers of opioids required to be 
     disseminated under section 505-1 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 355-1), including recommendations 
     for which prescribers should participate in such programs and 
     how often participation in such programs is necessary.
       (c) Guidance.--Not later than 1 year after the date of 
     enactment of this Act, the Commissioner of Food and Drugs 
     shall issue guidance on if and how the approved labeling of a 
     drug that is an opioid and is the subject of an application 
     under section 505(j) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 355(j)) may include statements that such drug 
     deters abuse.
                                 ______
                                 
  SA 3330. Mr. DURBIN (for himself and 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 of title VII, add the following:

     SEC. ___. EXPANDING OPTIONS FOR ADDICTION TREATMENT UNDER 
                   MEDICAID AND CHIP.

       (a) State Option to Provide Medical Assistance for 
     Residential Addiction Treatment Facility Services; 
     Modification of the IMD Exclusion.--
       (1) In general.--Section 1905 of the Social Security Act 
     (42 U.S.C. 1396d) is amended--
       (A) in subsection (a)(16)--
       (i) by striking ``effective'' and inserting ``(A) 
     effective''; and
       (ii) by inserting ``, and (B) effective January 1, 2018, 
     residential addiction treatment facility services (as defined 
     in subsection (h)(3)) for individuals over 21 years of age 
     and under 65 years of age'' before the semicolon; and
       (B) in subsection (h)--
       (i) in paragraph (1), by striking ``paragraph (16) of 
     subsection (a)'' and inserting ``subsection (a)(16)(A)''; and
       (ii) by adding at the end the following new paragraph:
       ``(3)(A) For purposes of subsection (a)(16)(B), the term 
     `residential addiction treatment facility services' means 
     inpatient services provided--
       ``(i) to an individual for the purpose of treating a 
     substance use disorder that are furnished to an individual 
     for not more than 2 consecutive periods of 30 consecutive 
     days, provided that upon completion of the first 30-day 
     period, the individual is assessed by the facility and 
     determined to have progressed through the clinical continuum 
     of care, in accordance with criteria established by the 
     Secretary, in consultation with the American Society of 
     Addiction Medicine, and requires continued medically 
     necessary treatment and social support services to promote 
     recovery, stable transition, and discharge; and
       ``(ii) in a facility that--
       ``(I) does not have more than 40 beds; and
       ``(II) is accredited for the treatment of substance use 
     disorders by the Joint Commission on Accreditation of 
     Healthcare Organizations, the Commission on Accreditation of 
     Rehabilitation Facilities, the Council on Accreditation, or 
     any other nationwide accrediting agency that the Secretary 
     deems appropriate.
       ``(B) The provision of medical assistance for residential 
     addiction treatment facility services to an individual shall 
     not prohibit Federal financial participation for medical 
     assistance for items or services that are provided to the 
     individual in or away from the residential addiction 
     treatment facility during any 30-day period in which the 
     individual is receiving residential addiction treatment 
     facility services.
       ``(C) A woman who is eligible for medical assistance on the 
     basis of being pregnant and who is furnished residential 
     addiction treatment facility services during any 30-day 
     period may remain eligible for, and continue to be furnished 
     with, such services for additional 30-day periods without 
     regard to any eligibility limit that would otherwise apply to 
     the woman as a result of her pregnancy ending, subject to 
     assessment by the facility and a determination based on 
     medical necessity related to substance use disorder and the 
     impact of substance use disorder on birth outcomes.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to items and services furnished on or after 
     January 1, 2018.
       (b) Grant Program to Expand Youth Addiction Treatment 
     Facilities Under Medicaid and CHIP.--
       (1) Establishment.--
       (A) In general.--The Secretary shall establish a program 
     under which the Secretary shall award grants to States for 
     the purpose of expanding the infrastructure and treatment 
     capabilities, including augmenting equipment and bed 
     capacity, of eligible youth addiction treatment facilities 
     that provide addiction treatment services to Medicaid or CHIP 
     beneficiaries who have not attained the age of 21 and are in 
     communities with high numbers of medically underserved 
     populations of at-risk youth.
       (B) Use of funds.--Grant funds awarded under this 
     subsection may be used to expand the infrastructure and 
     treatment capabilities of an existing facility (including 
     through construction) but shall not be used for the 
     construction of any new facility or for the provision of 
     medical assistance or child health assistance under Medicaid 
     or CHIP.
       (C) Timetable for implementation; duration.--
       (i) Implementation.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary shall award 
     grants under the grant program.
       (ii) Duration.--The Secretary shall award grants under the 
     grant program for a period not to exceed 5 years.
       (2) Application.--A State seeking to participate in the 
     grant program shall submit to the Secretary, at such time and 
     in such manner as the Secretary shall require, an application 
     that includes--
       (A) detailed information on the types of additional 
     infrastructure and treatment capacity of eligible youth 
     addiction treatment facilities that the State proposes to 
     fund under the grant program;
       (B) a description of the communities in which the eligible 
     youth addiction treatment facilities funded under the grant 
     program operate;
       (C) an assurance that the eligible youth addiction 
     treatment facilities that the State proposes to fund under 
     the grant program shall give priority to providing addiction 
     treatment services to Medicaid or CHIP beneficiaries who have 
     not attained the age of 21 and are in communities with high 
     numbers of medically underserved populations of at-risk 
     youth; and
       (D) such additional information and assurances as the 
     Secretary shall require.
       (3) Rural areas.--Not less than 15 percent of the amount of 
     a grant awarded to a State under this subsection shall be 
     used for making payments to eligible youth addiction 
     treatment facilities that are located in rural areas or that 
     target the provision of addiction treatment services to 
     Medicaid or CHIP beneficiaries who have not attained the age 
     of 21 and reside in rural areas.
       (4) Definitions.--For purposes of this subsection:

[[Page 2373]]

       (A) Addiction treatment services.--The term ``addiction 
     treatment services'' means services provided to an individual 
     for the purpose of treating a substance use disorder.
       (B) CHIP.--The term ``CHIP'' means the State children's 
     health insurance program established under title XXI of the 
     Social Security Act (42 U.S.C. 1397aa et seq.).
       (C) Eligible youth addiction treatment facility.--The term 
     ``eligible youth addiction treatment facility'' means a 
     facility that is a participating provider under the State 
     Medicaid or CHIP programs for purposes of providing medical 
     assistance or child health assistance to Medicaid or CHIP 
     beneficiaries for youth addiction treatment services on an 
     inpatient or outpatient basis (or both).
       (D) Medicaid.--The term ``Medicaid'' means the medical 
     assistance program established under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.).
       (E) Medicaid or chip beneficiary.--The term ``Medicaid or 
     CHIP beneficiary'' means an individual who is enrolled in the 
     State Medicaid plan , the State child health plan under CHIP, 
     or under a waiver of either such plan.
       (F) Medically underserved populations.--The term 
     ``medically underserved populations'' has the meaning given 
     that term in section 330(b)(3) of the Public Health Service 
     Act (42 U.S.C. 254b(b)(3)).
       (G) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated $50,000,000 to carry out the provisions of 
     this subsection. Funds appropriated under this paragraph 
     shall remain available until expended.
                                 ______
                                 
  SA 3331. 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:

       At the end of title VI, insert the following:

     SEC. 602. PRIORITY CONSIDERATION.

       (a) Definitions.--The definitions in section 601(a) shall 
     apply to this section.
       (b) Priority Consideration.--In awarding Federal funds 
     under a program of the Department of Justice or the 
     Department of Health and Human Services to be used for 
     prescription drug monitoring programs of the States, the 
     Attorney General or the Secretary of Health and Human 
     Services, as the case may be, shall give priority 
     consideration to an application from a State that--
       (1) requires a prescriber of a schedule II, III, or IV 
     controlled substance to, prior to the issuance of a 
     prescription for a schedule II, III, or IV controlled 
     substance, consult the prescription drug monitoring database 
     of the State;
       (2) requires a dispenser of a schedule II, III, or IV 
     controlled substance to, for the dispensing of each 
     prescription of a schedule II, III, or IV controlled 
     substance, input data to the prescription drug monitoring 
     database of the State, within 24 hours of the dispensing, 
     which shall include--
       (A) a patient identifier;
       (B) the national drug code of the dispensed drug;
       (C) the date of dispensing;
       (D) the quantity of the drug dispensed;
       (E) the Drug Enforcement Administration registration number 
     of the prescriber; and
       (F) the Drug Enforcement Administration registration number 
     of the dispenser;
       (3) authorizes access to a State board responsible for the 
     licensure, regulation, or discipline of practitioners, 
     pharmacists, or other person who is authorized to prescribe, 
     administer, or dispense controlled substances; and
       (4) requires that, not fewer than 4 times a year, the State 
     agency that administers the prescription drug monitoring 
     program of the State prepare and provide to--
       (A) the State board described in paragraph (3), an 
     informational report concerning the prescribing patterns of 
     prescribers within the State, which shall include data on 
     aggregate trends and individual outliers that indicate a 
     substantial likelihood that inappropriate prescribing may be 
     occurring; and
       (B) each prescriber of a schedule II, III, or IV controlled 
     substance, an information report that shows how the 
     prescribing patterns of the prescriber compare to the 
     prescribing practices of the peers of the prescriber and 
     expected norms.
                                 ______
                                 
  SA 3332. 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:

       At the appropriate place, insert the following:

     SEC. ___. PUBLIC DISCLOSURE OF OPIOID MANUFACTURING QUOTAS.

       Section 306 of the Controlled Substances Act (21 U.S.C. 
     826) is amended by adding at the end the following:
       ``(i) Disclosure to Public.--The Attorney General shall 
     make available to the public, and accessible through the 
     website of the Drug Enforcement Administration, each 
     manufacturing quota fixed or adjusted by the Attorney General 
     under this section for each registered manufacturer for each 
     of the following controlled substances:
       ``(1) Fentanyl.
       ``(2) Hydrocodone.
       ``(3) Hydromorphone.
       ``(4) Oxycodone.
       ``(5) Oxymorphone.''.
                                 ______
                                 
  SA 3333. 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 end, add the following:

     SEC. 705. REMS FOR IMMEDIATE RELEASE OPIOID ANALGESICS.

       Not later than 120 days after the date of enactment of this 
     Act, the Secretary of Health and Human Services shall require 
     a risk evaluation and mitigation strategy under section 505-1 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1) 
     to be submitted for drugs that are immediate release opioid 
     analgesics, including for such drugs for which there is an 
     approved covered application (as defined in such section) and 
     for such drugs for which a covered application has been 
     submitted but not yet approved.
                                 ______
                                 
  SA 3334. Mr. KIRK 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, after line 23, insert the following:

     SEC. 504. MANDATORY DISCLOSURE OF CERTAIN VETERAN INFORMATION 
                   TO STATE CONTROLLED SUBSTANCE MONITORING 
                   PROGRAMS.

       Section 5701(l) of title 38, United States Code, is amended 
     by striking ``may'' and inserting ``shall''.
                                 ______
                                 
  SA 3335. Mr. JOHNSON 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. __. REMOVING CONSIDERATION OF CERTAIN PAIN-RELATED 
                   ISSUES FROM CALCULATIONS UNDER THE MEDICARE 
                   HOSPITAL VALUE-BASED PURCHASING PROGRAM.

       Section 1886(o)(2)(B) of the Social Security Act (42 U.S.C. 
     1395ww(o)(2)(B)) is amended--
       (1) in clause (i)(II), by inserting ``, subject to clause 
     (iii),'' after ``shall''; and
       (2) by adding at the end the following new clause:
       ``(iii) Exclusion of certain pain-related measures.--For 
     value-based incentive payments made with respect to 
     discharges occurring during fiscal year 2017 or a subsequent 
     fiscal year, the Secretary shall ensure that measures 
     selected under subparagraph (A) do not include measures based 
     on any assessments by patients, with respect to hospital 
     stays of such patients, of--

       ``(I) the need of such patients, during such stay, for 
     medicine for pain;
       ``(II) how often, during such stay, the pain of such 
     patients was well controlled; or
       ``(III) how often, during such stay, the staff of the 
     hospital in which such stay occurred did everything they 
     could to help the patient with the pain experienced by the 
     patient.''.

                                 ______
                                 
  SA 3336. Mr. JOHNSON 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 10, beginning on line 18, strike ``and'' and all 
     that follows through ``(I)'' on line 19 and insert the 
     following:
       (I) the Indian Health Service; and
       (J)
                                 ______
                                 
  SA 3337. Mr. JOHNSON 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 12, beginning on line 11, strike ``and'' and all 
     that follows through ``(E)'' on line 12 and insert the 
     following:

[[Page 2374]]

       (E) the management of populations who have both a pain and 
     a mental health diagnosis, including post-traumatic stress 
     disorder and acute stress disorder; and
       (F)
                                 ______
                                 
  SA 3338. Mr. JOHNSON 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 the bill, add the following:

     SEC. ___. FDA STATUS REPORT.

       Not later than 45 days after the date of enactment of this 
     Act, the Commissioner of Food and Drugs shall submit to 
     Congress a report on the status of draft guidance for 
     industry entitled ``Individual Patient Expanded Access 
     Applications: Form FDA 3926'' that was published in February 
     of 2015.
                                 ______
                                 
  SA 3339. Mr. JOHNSON 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 the amendment, add the following:

                  TITLE VIII--BORDER SECURITY METRICS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Department of Homeland 
     Security Border Security Metrics Act of 2016''.

     SEC. 802. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Homeland Security of the House of 
     Representatives;
       (C) the Committee on the Judiciary of the Senate; and
       (D) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Consequence delivery system.--The term ``Consequence 
     Delivery System'' means the series of consequences applied by 
     the Border Patrol to persons unlawfully entering the United 
     States to prevent unlawful border crossing recidivism.
       (3) Got away.--The term ``got away'' means an unlawful 
     border crosser who--
       (A) is directly or indirectly observed making an unlawful 
     entry into the United States;
       (B) is not a turn back; and
       (C) is not apprehended.
       (4) Known migrant flow.--The term ``known migrant flow'' 
     means the sum of the number of undocumented migrants--
       (A) interdicted at sea;
       (B) identified at sea, but not interdicted;
       (C) that successfully entered the United States through the 
     maritime border; or
       (D) not described in subparagraph (A), (B), or (C), which 
     were otherwise reported, with a significant degree of 
     certainty, as having entered, or attempted to enter, the 
     United States through the maritime border.
       (5) Major violator.--The term ``major violator'' means a 
     person or entity that has engaged in serious criminal 
     activities at any land, air, or sea port of entry, 
     including--
       (A) possession of illicit drugs;
       (B) smuggling of prohibited products;
       (C) human smuggling;
       (D) weapons possession;
       (E) use of fraudulent United States documents; or
       (F) other offenses that are serious enough to result in 
     arrest.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (7) Situational awareness.--The term ``situational 
     awareness'' means knowledge and unified understanding of 
     current unlawful cross-border activity, including--
       (A) threats and trends concerning illicit trafficking and 
     unlawful crossings;
       (B) the ability to forecast future shifts in such threats 
     and trends;
       (C) the ability to evaluate such threats and trends at a 
     level sufficient to create actionable plans; and
       (D) the operational capability to conduct persistent and 
     integrated surveillance of the international borders of the 
     United States.
       (8) Transit zone.--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 undocumented migrants and illicit drugs transit, either 
     directly or indirectly, to the United States.
       (9) Turn back.--The term ``turn back'' means an unlawful 
     border crosser who, after making an unlawful entry into the 
     United States, promptly returns to the country from which 
     such crosser entered.
       (10) Unlawful border crossing effectiveness rate.--The term 
     ``unlawful border crossing effectiveness rate'' means the 
     percentage that results from dividing--
       (A) the number of apprehensions and turn backs; and
       (B) the number of apprehensions, estimated unlawful 
     entries, turn backs, and got aways.
       (11) Unlawful entry.--The term ``unlawful entry'' means an 
     unlawful border crosser who enters the United States and is 
     not apprehended by a border security component of the 
     Department of Homeland Security.

     SEC. 803. METRICS FOR SECURING THE BORDER BETWEEN PORTS OF 
                   ENTRY.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall develop 
     metrics, informed by situational awareness, to measure the 
     effectiveness of security between ports of entry. The 
     Secretary shall annually implement the metrics developed 
     under this subsection, which shall include--
       (1) estimates, using alternative methodologies, including 
     recidivism data, survey data, known-flow data, and 
     technologically measured data, of--
       (A) total attempted unlawful border crossings;
       (B) the rate of apprehension of attempted unlawful border 
     crossers; and
       (C) the number of unlawful entries;
       (2) a situational awareness achievement metric, which 
     measures situational awareness achieved in each Border Patrol 
     sector;
       (3) an unlawful border crossing effectiveness rate;
       (4) a probability of detection, which compares the 
     estimated total unlawful border crossing attempts not 
     detected by the Border Patrol to the unlawful border crossing 
     effectiveness rate, as informed by paragraph (1);
       (5) an illicit drugs seizure rate for drugs seized by the 
     Border Patrol, which compares the ratio of the amount and 
     type of illicit drugs seized by the Border Patrol in any 
     fiscal year to the average of the amount and type of illicit 
     drugs seized by the Border Patrol in the immediately 
     preceding 5 fiscal years;
       (6) a weight-to-frequency rate, which compares the average 
     weight of marijuana seized per seizure by the Border Patrol 
     in any fiscal year to such weight-to-frequency rate for the 
     immediately preceding 5 fiscal years;
       (7) estimates of the impact of the Consequence Delivery 
     System on the rate of recidivism of unlawful border crossers 
     over multiple fiscal years; and
       (8) an examination of each consequence referred to in 
     paragraph (7), including--
       (A) voluntary return;
       (B) warrant of arrest or notice to appear;
       (C) expedited removal;
       (D) reinstatement of removal;
       (E) alien transfer exit program;
       (F) Operation Streamline;
       (G) standard prosecution; and
       (H) Operation Against Smugglers Initiative on Safety and 
     Security.
       (b) Metrics Consultation.--In developing the metrics 
     required under subsection (a), the Secretary shall--
       (1) consult with the appropriate components of the 
     Department of Homeland Security; and
       (2) work with other agencies, as appropriate, including the 
     Office of Refugee Resettlement of the Department of Health 
     and Human Services and the Executive Office for Immigration 
     Review of the Department of Justice, to ensure that 
     authoritative data sources are utilized.
       (c) Manner of Collection.--The data used by the Secretary 
     shall be collected and reported in a consistent and 
     standardized manner across all Border Patrol sectors, 
     informed by situational awareness.

     SEC. 804. METRICS FOR SECURING THE BORDER AT PORTS OF ENTRY.

       (a)  In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall develop 
     metrics, informed by situational awareness, to measure the 
     effectiveness of security at ports of entry. The Secretary 
     shall annually implement the metrics developed under this 
     subsection, which shall include--
       (1) estimates, using alternative methodologies, including 
     survey data and randomized secondary screening data, of--
       (A) total attempted inadmissible border crossings;
       (B) the rate of apprehension of attempted inadmissible 
     border crossings; and
       (C) the number of unlawful entries;
       (2) the amount and type of illicit drugs seized by the 
     Office of Field Operations of U.S. Customs and Border 
     Protection at United States land, air, and sea ports during 
     the previous fiscal year;
       (3) an illicit drugs seizure rate for drugs seized by the 
     Office of Field Operations, which compares the ratio of the 
     amount and type of illicit drugs seized by the Office of 
     Field Operations in any fiscal year to the average of the 
     amount and type of illicit drugs seized by the Office of 
     Field Operations in the immediately preceding 5 fiscal years;
       (4) in consultation with the Office of National Drug 
     Control Policy and the United States Southern Command, a 
     cocaine seizure effectiveness rate, which is the percentage 
     resulting from dividing--
       (A) the amount of cocaine seized by the Office of Field 
     Operations; and
       (B) the total estimated cocaine flow rate at ports of entry 
     along the land border;
       (5) the number of infractions related to travelers and 
     cargo committed by major violators who are apprehended by the 
     Office of

[[Page 2375]]

     Field Operations at ports of entry, and the estimated number 
     of such infractions committed by major violators who are not 
     apprehended;
       (6) a measurement of how border security operations affect 
     crossing times, including--
       (A) a wait time ratio that compares the average wait times 
     to total commercial and private vehicular traffic volumes at 
     each port of entry;
       (B) an infrastructure capacity utilization rate that 
     measures traffic volume against the physical and staffing 
     capacity at each port of entry;
       (C) a secondary examination rate that measures the 
     frequency of secondary examinations at each port of entry; 
     and
       (D) an enforcement rate that measures the effectiveness of 
     secondary examinations at detecting major violators; and
       (7) a cargo scanning rate that includes--
       (A) a comparison of the number of high-risk cargo 
     containers scanned by the Office of Field Operations at each 
     United States seaport during the fiscal year to the total 
     number of high-risk cargo containers entering the United 
     States at each seaport during the previous fiscal year;
       (B) the percentage of all cargo that is considered ``high-
     risk'' cargo; and
       (C) the percentage of high-risk cargo scanned--
       (i) upon arrival at a United States seaport before entering 
     United States commerce; and
       (ii) before being laden on a vessel destined for the United 
     States.
       (b) Metrics Consultation.--In developing the metrics 
     required under subsection (a), the Secretary shall--
       (1) consult with the appropriate components of the 
     Department of Homeland Security; and
       (2) as appropriate, work with other agencies, including the 
     Office of Refugee Resettlement of the Department of Health 
     and Human Services and the Executive Office for Immigration 
     Review of the Department of Justice, to ensure that 
     authoritative data sources are utilized.
       (c) Manner of Collection.--The data used by the Secretary 
     shall be collected and reported in a consistent and 
     standardized manner across all field offices, informed by 
     situational awareness.

     SEC. 805. METRICS FOR SECURING THE MARITIME BORDER.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall develop 
     metrics, informed by situational awareness, to measure the 
     effectiveness of security in the maritime environment. The 
     Secretary shall annually implement the metrics developed 
     under this subsection, which shall include--
       (1) situational awareness achieved in the maritime 
     environment;
       (2) an undocumented migrant interdiction rate, which 
     compares the migrants interdicted at sea to the total known 
     migrant flow;
       (3) an illicit drugs removal rate, for drugs removed inside 
     and outside of a transit zone, which compares the amount and 
     type of illicit drugs removed, including drugs abandoned at 
     sea, by the Department of Homeland Security's maritime 
     security components in any fiscal year to the average of the 
     amount and type of illicit drugs removed by the Department of 
     Homeland Security's maritime components for the immediately 
     preceding 5 fiscal years;
       (4) in consultation with the Office of National Drug 
     Control Policy and the United States Southern Command, a 
     cocaine removal effectiveness rate, for cocaine removed 
     inside a transit zone and outside a transit zone; which 
     compares the amount of cocaine removed by the Department of 
     Homeland Security's maritime security components by the total 
     documented cocaine flow rate, as contained in Federal drug 
     databases;
       (5) a response rate, which compares the ability of the 
     maritime security components of the Department of Homeland 
     Security to respond to and resolve known maritime threats, 
     whether inside and outside a transit zone, by placing assets 
     on-scene, to the total number of events with respect to which 
     the Department has known threat information; and
       (6) an intergovernmental response rate, which compares the 
     ability of the maritime security components of the Department 
     of Homeland Security or other United States Government 
     entities to respond to and resolve actionable maritime 
     threats, whether inside or outside the Western Hemisphere 
     transit zone, by targeting maritime threats in order to 
     detect them, and of those threats detected, the total number 
     of maritime threats interdicted or disrupted.
       (b) Metrics Consultation.--In developing the metrics 
     required under subsection (a), the Secretary shall--
       (1) consult with the appropriate components of the 
     Department of Homeland Security; and
       (2) as appropriate, work with other agencies, including the 
     Drug Enforcement Agency, the Department of Defense, and the 
     Department of Justice, to ensure that authoritative data 
     sources are utilized.
       (c) Manner of Collection.--The data used by the Secretary 
     shall be collected and reported in a consistent and 
     standardized manner, informed by situational awareness.

     SEC. 806. AIR AND MARINE SECURITY METRICS IN THE LAND DOMAIN.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall develop 
     metrics, informed by situational awareness, to measure the 
     effectiveness of the aviation assets and operations of the 
     Office of Air and Marine of U.S. Customs and Border 
     Enforcement. The Secretary shall annually implement the 
     metrics developed under this subsection, which shall 
     include--
       (1) an effectiveness rate, which compares Office of Air and 
     Marine flight hours requirements to the number of flight 
     hours flown by such Office;
       (2) a funded flight hour effectiveness rate, which compares 
     the number of funded flight hours appropriated to the Office 
     of Air and Marine to the number of actual flight hours flown 
     by such Office;
       (3) a readiness rate, which compares the number of aviation 
     missions flown by the Office of Air and Marine to the number 
     of aviation missions cancelled by such Office due to 
     maintenance, operations, or other causes;
       (4) the number of missions cancelled by such Office due to 
     weather compared to the total planned missions;
       (5) the number of subjects detected by the Office of Air 
     and Marine through the use of unmanned aerial systems and 
     manned aircrafts;
       (6) the number of apprehensions assisted by the Office of 
     Air and Marine through the use of unmanned aerial systems and 
     manned aircrafts;
       (7) the number and quantity of illicit drug seizures 
     assisted by the Office of Air and Marine through the use of 
     unmanned aerial systems and manned aircrafts; and
       (8) the number of times that usable intelligence related to 
     border security was obtained through the use of unmanned 
     aerial systems and manned aircraft.
       (b) Metrics Consultation.--In developing the metrics 
     required under subsection (a), the Secretary shall--
       (1) consult with the appropriate components of the 
     Department of Homeland Security; and
       (2) as appropriate, work with other agencies, including the 
     Department of Justice, to ensure that authoritative data 
     sources are utilized.
       (c) Manner of Collection.--The data used by the Secretary 
     shall be collected and reported in a consistent and 
     standardized manner, informed by situational awareness.

     SEC. 807. DATA TRANSPARENCY.

       The Secretary shall--
       (1) in accordance with applicable privacy laws, make data 
     related to apprehensions, inadmissible aliens, drug seizures, 
     and other enforcement actions available to the public, 
     academic research, and law enforcement communities; and
       (2) provide the Office of Immigration Statistics of the 
     Department of Homeland Security with unfettered access to the 
     data described in paragraph (1).

     SEC. 808. EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE 
                   AND THE SECRETARY OF HOMELAND SECURITY.

       (a) Metrics Report.--
       (1) Mandatory disclosures.--The Secretary shall submit an 
     annual report containing the metrics required under sections 
     803 through 806 and the data and methodology used to develop 
     such metrics to--
       (A) the appropriate congressional committees; and
       (B) the Comptroller General of the United States.
       (2) Permissible disclosures.--The Secretary, for the 
     purpose of validation and verification, may submit the annual 
     report described in paragraph (1) to--
       (A) the National Center for Border Security and 
     Immigration;
       (B) the head of a national laboratory within the Department 
     of Homeland Security laboratory network with prior expertise 
     in border security; and
       (C) a Federally Funded Research and Development Center 
     sponsored by the Department of Homeland Security.
       (b) GAO Report.--Not later than 270 days after receiving 
     the first report under subsection (a)(1), and biennially 
     thereafter for the following 10 years, the Comptroller 
     General of the United States, shall submit a report to the 
     appropriate congressional committees that--
       (1) analyzes the suitability and statistical validity of 
     the data and methodology contained in such report; and
       (2) includes recommendations to Congress on--
       (A) the feasibility of other suitable metrics that may be 
     used to measure the effectiveness of border security; and
       (B) improvements that need to be made to the metrics being 
     used to measure the effectiveness of border security.
       (c) State of the Border Report.--Not later than 60 days 
     after the end of each fiscal year through fiscal year 2025, 
     the Secretary shall submit a ``State of the Border'' report 
     to the appropriate congressional committees that--
       (1) provides trends for each metric under sections 803 
     through 806 for the last 10 years, to the extent possible;

[[Page 2376]]

       (2) provides selected analysis into related aspects of 
     illegal flow rates, including legal flows and stock 
     estimation techniques; and
       (3) includes any other information that the Secretary 
     determines appropriate.
       (d) Metrics Update.--
       (1) In general.--After submitting the final report to the 
     Comptroller General under subsection (a), the Secretary may 
     reevaluate and update any of the metrics required under 
     sections 803 through 806 to ensure that such metrics--
       (A) meet the Department of Homeland Security's performance 
     management needs; and
       (B) are suitable to measure the effectiveness of border 
     security.
       (2) Congressional notification.--Not later than 30 days 
     before updating the metrics under paragraph (1), the 
     Secretary shall notify the appropriate congressional 
     committees of such updates.
                                 ______
                                 
  SA 3340. Mr. JOHNSON 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 17, line 14, insert ``and to describe the evidence-
     based methodology and outcome measurements that will be used 
     by the eligible entity to evaluate an activity funded with a 
     grant under this section, and specifically explain how such 
     measurements will provide valid measures of the impact of the 
     activity'' before the period.
       On page 23, line 21, strike ``and''.
       On page 23, line 25, strike the period and insert ``; 
     and''.
       On page 23, after line 25, add the following:
       (F) describe the evidence-based methodology and outcome 
     measurements that will be used by the eligible entity to 
     evaluate an activity funded with a grant under this section, 
     and specifically explain how such measurements will provide 
     valid measures of the impact of the activity.
       On page 39, between lines 3 and 4, insert the following:
       ``(3) Application.--
       ``(A) In general.--A State substance abuse agency, unit of 
     local government, nonprofit organization, or Indian tribe or 
     tribal organization desiring a grant under this section shall 
     submit an application at such time, in such manner, and 
     accompanied by such information as the Secretary may require.
       ``(B) Contents.--As part of an application for a grant 
     under this section, a State substance abuse agency, unit of 
     local government, nonprofit organization, or Indian tribe or 
     tribal organization shall describe the evidence-based 
     methodology and outcome measurements that will be used to 
     evaluate an activity funded with a grant under this section, 
     and specifically explain how such measurements will provide 
     valid measures of the impact of the activity.
       On page 41, line 14, strike ``and''.
       On page 41, line 17, strike the period and insert ``; 
     and''.
       On page 41, between lines 17 and 18, insert the following:
       (C) describe the evidence-based methodology and outcome 
     measurements that will be used by the eligible entity to 
     evaluate a program funded with a grant under this section, 
     and specifically explain how such measurements will provide 
     valid measures of the impact of the program.
       On page 46, between lines 17 and 18, insert the following:
       ``(c) Application.--
       ``(1) In general.--An eligible entity desiring a grant 
     under this section shall submit an application at such time, 
     in such manner, and accompanied by such information as the 
     Secretary of Health and Human Services may require.
       ``(2) Contents.--As part of an application for a grant 
     under this section, an eligible entity shall describe the 
     evidence-based methodology and outcome measurements that will 
     be used by the eligible entity to evaluate an activity funded 
     with a grant under this section, and specifically explain how 
     such measurements will provide valid measures of the impact 
     of the activity.
       On page 46, line 18, strike ``(c)'' and insert ``(d)''.
       On page 48, between lines 23 and 24, insert the following:
       ``(d) Application.--
       ``(1) In general.--A recovery community organization 
     desiring a grant under this section shall submit an 
     application at such time, in such manner, and accompanied by 
     such information as the Secretary of Health and Human 
     Services may require.
       ``(2) Contents.--As part of an application for a grant 
     under this section, a recovery community organization shall 
     describe the evidence-based methodology and outcome 
     measurements that will be used by the recovery community 
     organization to evaluate an activity funded with a grant 
     under this section, and specifically explain how such 
     measurements will provide valid measures of the impact of the 
     activity.
       On page 48, line 24, strike ``(d)'' and insert ``(e)''.
       On page 53, line 7, insert ``The application shall describe 
     the evidence-based methodology and outcome measurements that 
     will be used by the eligible entity 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.'' after the period.
       On page 55, line 2, strike ``shall--'' and all that follows 
     through ``paragraph (1)'' on line 10 and insert ``shall 
     describe how each program funded with a grant under this 
     section''.
       On page 70, strike lines 17 through 20 and insert the 
     following:

       (III) a description of the evidence-based methodology and 
     outcome measurements that will be used by the State to 
     evaluate an activity funded with a planning grant under this 
     section, and specifically explain how such measurements will 
     provide valid measures of the impact of the activity; and

       On page 71, line 15 insert ``The application shall describe 
     the evidence-based methodology and outcome measurements that 
     will be used by the State to evaluate an activity funded with 
     an implementation grant under this section, and specifically 
     explain how such measurements will provide valid measures of 
     the impact of the activity.'' after the period.
                                 ______
                                 
  SA 3341. Mr. MANCHIN 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, insert the following:

     SEC. 705. 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 sale of 
     any taxable active opioid by the manufacturer, producer, or 
     importer a tax equal to 1 cent per milligram so sold.
       ``(b) 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, as in effect on the date of the 
     enactment of this section) which is opium, an opiate, or any 
     derivative thereof.
       ``(2) Exclusion for certain prescription medications.--Such 
     term shall not include any prescribed drug which is used 
     exclusively for the treatment of opioid addiction as part of 
     a medically assisted treatment effort.
       ``(3) Exclusion of 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) 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 sales on or after the date that is 1 year 
     after the date of the enactment of this Act.
       (d) Rebate Program for Certain Cancer and Hospice 
     Patients.--
       (1) In general.--The Secretary of Health and Human 
     Services, in consultation with patient advocacy groups and 
     other relevant stakeholders as determined by such Secretary, 
     shall establish a mechanism by which any amount paid by an 
     eligible patient in connection with the tax under section 
     4192 of the Internal Revenue Code of 1986 (as added by this 
     section) shall be rebated to such patient in as timely a 
     manner as possible with as little burden on the patient as 
     possible.
       (2) Eligible patient.--For purposes of this section, the 
     term ``eligible patient'' means--
       (A) a patient for whom any taxable active opioid (as 
     defined in section 4192(b) of such Code) is prescribed to 
     treat pain relating to cancer or cancer treatment;
       (B) a patient participating in hospice care; and
       (C) in the case of the death or incapacity of a patient 
     described in subparagraph (A) or (B) or any similar situation 
     as determined by the Secretary of Health and Human Services, 
     the appropriate family member, medical proxy, or similar 
     representative or the estate of such patient.

     SEC. 706. BLOCK GRANTS FOR PREVENTION AND TREATMENT OF 
                   SUBSTANCE ABUSE.

       (a) Grants to States.--Section 1921(b) of the Public Health 
     Service Act (42 U.S.C. 300x-21(b)) is amended by inserting 
     ``, and, as applicable, for carrying out section 1923A'' 
     before the period.

[[Page 2377]]

       (b) Nonapplicability of Prevention Program Provision.--
     Section 1922(a)(1) of the Public Health Service Act (42 
     U.S.C. 300x-22(a)(1)) is amended by inserting ``except with 
     respect to amounts made available as described in section 
     1923A,'' before ``will expend''.
       (c) Opioid Treatment Programs.--Subpart II of part B of 
     title XIX of the Public Health Service Act (42 U.S.C. 300x-21 
     et seq.) is amended by inserting after section 1923 the 
     following:
  


     ``SEC. 1923A. ADDITIONAL SUBSTANCE ABUSE TREATMENT PROGRAMS.

       ``A funding agreement for a grant under section 1921 is 
     that the State involved shall provide that any amounts made 
     available by any increase in revenues to the Treasury in the 
     previous fiscal year resulting from the enactment of section 
     4192 of the Internal Revenue Code of 1986, reduced by any 
     amounts rebated under section 705(e) of the Comprehensive 
     Addiction and Recovery Act of 2016 (as described in section 
     1933(a)(1)(B)(i)) be used exclusively for substance abuse 
     (including opioid abuse) treatment efforts in the State, 
     including treatment programs--
       ``(1) establishing new addiction treatment facilities, 
     residential and outpatient, including covering capital costs;
       ``(2) establishing sober living facilities;
       ``(3) recruiting and increasing reimbursement for certified 
     mental health providers providing substance abuse treatment 
     in medically underserved communities or communities with high 
     rates of prescription drug abuse;
       ``(4) expanding access to long-term, residential treatment 
     programs for opioid addicts (including 30-, 60-, and 90-day 
     programs);
       ``(5) establishing or operating support programs that offer 
     employment services, housing, and other support services to 
     help recovering addicts transition back into society;
       ``(6) establishing or operating housing for children whose 
     parents are participating in substance abuse treatment 
     programs, including capital costs;
       ``(7) establishing or operating facilities to provide care 
     for babies born with neonatal abstinence syndrome, including 
     capital costs;
       ``(8) establishing or operating substance abuse treatment 
     programs in conjunction with Adult and Family Treatment Drug 
     Courts; and
       ``(9) other treatment programs, as the Secretary determines 
     appropriate.''.
       (d) Additional Funding.--Section 1933(a)(1)(B)(i) of the 
     Public Health Service Act (42 U.S.C. 300x-33(a)(1)(B)(i)) is 
     amended by inserting ``, plus any increase in revenues to the 
     Treasury in the previous fiscal year resulting from the 
     enactment of section 4192 of the Internal Revenue Code of 
     1986, reduced by any amounts rebated under section 705(e) of 
     the Comprehensive Addiction and Recovery Act of 2016'' before 
     the period.
                                 ______
                                 
  SA 3342. Mr. MANCHIN 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. MISSION STATEMENT OF THE FOOD AND DRUG 
                   ADMINISTRATION.

       The Secretary of Health and Human Services, acting through 
     the Commissioner of Food and Drugs, is directed to amend the 
     mission statement of the Food and Drug Administration to 
     include the following statement: ``The FDA is also 
     responsible for protecting the public health by strongly 
     considering the danger of addiction and overdose death 
     associated with prescription opioid medications when 
     approving these medications and when regulating the 
     manufacturing, marketing, and distribution of opioid 
     medications.''
                                 ______
                                 
  SA 3343. Mr. MANCHIN 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. APPROVAL OF OPIOID DRUGS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Commissioner of Food and Drugs (referred to in this 
     section as ``the Commissioner'') shall ensure that, with 
     respect to each application for an opioid drug submitted 
     under section 505 of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 355)--
       (1) an advisory committee of the Center for Drug Evaluation 
     and Research of the Food and Drug Administration evaluates 
     the application and issues a recommendation regarding 
     approval of such drug prior to a final decision to approve 
     such drug; and
       (2) if a final decision to approve such drug is 
     inconsistent with the recommendation under paragraph (1), 
     such final decision shall be made by the Commissioner and 
     shall not be delegated.
       (b) Reports to Congress.--If the advisory committee 
     recommends under subsection (a)(1) that the Commissioner not 
     approve an opioid drug under section 505 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 355), and the Commissioner 
     approves that drug under subsection (a)(2), the Commissioner 
     shall--
       (1) submit a report to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives, and to any 
     member of Congress that requests the report, that includes--
       (A) medical and scientific evidence regarding patient 
     safety that clearly supports the Commissioner's decision to 
     approve the opioid drug against the recommendation of the 
     advisory committee; and
       (B) a disclosure of any potential conflicts of interest 
     that may exist regarding any official of the Food and Drug 
     Administration who was involved in the decision to approve 
     the drug prior to the Commissioner's final decision under 
     subsection (a)(2); and
       (2) at the request of the Committee on Health, Education, 
     Labor, and Pensions of the Senate or the Committee on Energy 
     and Commerce of the House of Representatives, testify before 
     that committee regarding the Commissioner's decision to 
     approve the opioid drug against the recommendation of the 
     advisory committee.
       (c) Prohibition on Marketing.--A drug described in 
     subsection (b) shall not be introduced or delivered for 
     introduction into interstate commerce until the report 
     described in subsection (b)(1) has been submitted to 
     Congress.
                                 ______
                                 
  SA 3344. Mr. MANCHIN 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. ___. CONSUMER EDUCATION CAMPAIGN.

       Part A of title V of the Public Health Service Act (42 
     U.S.C. 290aa et seq.) is amended by adding at the end the 
     following:

     ``SEC. 506C. CONSUMER EDUCATION CAMPAIGN.

       ``(a) In General.--The Administrator shall award grants to 
     States and nonprofit entities for the purpose of conducting 
     culturally sensitive consumer education about opioid abuse, 
     including methadone abuse. Such education shall include 
     information on the dangers of opioid abuse, how to prevent 
     opioid abuse including through safe disposal of prescription 
     medications and other safety precautions, and detection of 
     early warning signs of addiction.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       ``(1) be a State or nonprofit entity; and
       ``(2) submit to the Administrator an application at such 
     time, in such manner, and containing such information as the 
     Administrator may require.
       ``(c) Priority.--In awarding grants under this section, the 
     Administrator shall give priority to applicants that are 
     States or communities with a high incidence of abuse of 
     methadone and other opioids, and opioid-related deaths.
       ``(d) Evaluations.--The Administrator shall develop a 
     process to evaluate the effectiveness of activities carried 
     out by grantees under this section at reducing abuse of 
     methadone and other opioids.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2017 through 2021.''.
                                 ______
                                 
  SA 3345. Mrs. SHAHEEN (for herself and Mr. Whitehouse) 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 VIII--ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 2016

     SEC. 801. DEPARTMENT OF JUSTICE.

       (a) State and Local Law Enforcement Assistance.--
       (1) In general.--In addition to any amounts otherwise made 
     available, there is appropriated, out of any money in the 
     Treasury not otherwise appropriated, for fiscal year 2016, 
     $230,000,000, to remain available until expended, to the 
     Department of Justice for State law enforcement initiatives 
     (which shall include a 30 percent pass-through to localities) 
     under the Edward Byrne Memorial Justice Assistance Grant 
     program, as authorized by subpart 1 of part E of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3750 et seq.) (except that section 1001(c) of such Act 
     (42 U.S.C. 3793(c)) shall not apply for purposes of this 
     Act), to be used, notwithstanding such subpart 1, for a 
     comprehensive program to combat the heroin and opioid crisis, 
     and for associated criminal justice activities, including

[[Page 2378]]

     approved treatment alternatives to incarceration.
       (2) Emergency requirement.--The amount appropriated under 
     paragraph (1) shall be designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(b)(2)(A)(i)).
       (b) Heroin and Methamphetamine Task Forces.--
       (1) In general.--In addition to any amounts otherwise made 
     available, there is appropriated, out of any money in the 
     Treasury not otherwise appropriated, for fiscal year 2016, 
     $10,000,000, to remain available until expended, to the 
     Department of Justice to carry out section 2999 of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968, as 
     added by section 204 of this Act, to be used to assist State 
     and local law enforcement agencies in areas with high per 
     capita levels of opioid and heroin use, targeting resources 
     to support law enforcement operations on the ground.
       (2) Emergency requirement.--The amount appropriated under 
     paragraph (1) shall be designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(b)(2)(A)(i)).

     SEC. 802. DEPARTMENT OF HEALTH AND HUMAN SERVICES.

       (a) Substance Abuse and Mental Health Services 
     Administration.--
       (1) In general.--In addition to any amounts otherwise made 
     available, there is appropriated, out of any money in the 
     Treasury not otherwise appropriated, for fiscal year 2016--
       (A) $300,000,000, to remain available until expended, to 
     the Substance Abuse and Mental Health Services Administration 
     of the Department of Health and Human Services, for 
     ``Substance Abuse Treatment'', to address the heroin and 
     opioid crisis and its associated health effects, of which not 
     less than $15,000,000 shall be to improve treatment for 
     pregnant or postpartum women under the pilot program 
     authorized under section 508(r) of the Public Health Service 
     Act (42 U.S.C. 290bb-1), as amended by section 501 of this 
     Act; and
       (B) $10,000,000, to remain available until expended, to the 
     Substance Abuse and Mental Health Services Administration of 
     the Department of Health and Human Services, for grants for 
     medication assisted treatment for prescription drug and 
     opioid addiction under section 2999A of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968, as added 
     by section 301 of this Act.
       (2) Emergency requirement.--The amount appropriated under 
     paragraph (1) shall be designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(b)(2)(A)(i)).
       (b) Centers for Disease Control and Prevention.--
       (1) In general.--In addition to any amounts otherwise made 
     available, there is appropriated, out of any money in the 
     Treasury not otherwise appropriated, for fiscal year 2016, 
     $50,000,000, to remain available until expended, to the 
     Centers for Disease Control and Prevention of the Department 
     of Health and Human Services, for prescription drug 
     monitoring programs, community health system interventions, 
     and rapid response projects.
       (2) Emergency requirement.--The amount appropriated under 
     paragraph (1) shall be designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(b)(2)(A)(i)).
                                 ______
                                 
  SA 3346. 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 11, beginning on line 7, strike ``and'' and all 
     that follows through ``(E)'' on line 8 and insert the 
     following:
       (E) organizations recognized by the Secretary of Veterans 
     Affairs for the representation of veterans under section 5902 
     of title 38, United States Code (commonly referred to as 
     ``veterans service organizations''); and
       (F)
                                 ______
                                 
  SA 3347. 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 11, beginning on line 7, strike ``and'' and all 
     that follows through ``(E)'' on line 8 and insert the 
     following:
       (E) veterans nonprofit organizations; and
       (F)
                                 ______
                                 
  SA 3348. Mr. MANCHIN 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. ___. PRACTITIONER EDUCATION.

       Section 303 of the Controlled Substances Act (21 U.S.C. 
     823) is amended by adding at the end the following:
       ``(j)(1) The Attorney General shall not register, or renew 
     the registration of, a practitioner under subsection (f), 
     unless the practitioner submits to the Attorney General, for 
     each such registration or renewal request, a written 
     certification that the practitioner has completed a training 
     program described in paragraph (2).
       ``(2) A training program described in this paragraph is a 
     training program that--
       ``(A) includes information on--
       ``(i) safe opioid prescribing guidelines;
       ``(ii) the risks of over-prescribing opioid medications;
       ``(iii) pain management;
       ``(iv) early detection of opioid addiction; and
       ``(v) the treatment of opioid-dependent patients; and
       ``(B) is approved by the Secretary of Health and Human 
     Services.''.
                                 ______
                                 
  SA 3349. Mr. BOOKER (for himself, Mr. Johnson, Mrs. Ernst, and Mr. 
Brown) 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--FAIR CHANCE ACT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Fair Chance to Compete for 
     Jobs Act of 2016'' or the ``Fair Chance Act''.

     SEC. 802. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO 
                   CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.

       (a) In General.--Subpart H of part III of title 5, United 
     States Code, is amended by adding at the end the following:

   ``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO 
                           CONDITIONAL OFFER

``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record 
              information.
``9203. Agency policies; whistleblower complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.

     ``Sec. 9201. Definitions

       ``In this chapter--
       ``(1) the term `agency' means `Executive agency' as such 
     term is defined in section 105 and includes--
       ``(A) the United States Postal Service and the Postal 
     Regulatory Commission; and
       ``(B) the Executive Office of the President;
       ``(2) the term `appointing authority' means an employee in 
     the executive branch of the Government of the United States 
     that has authority to make appointments to positions in the 
     civil service;
       ``(3) the term `conditional offer' means an offer of 
     employment in a position in the civil service that is 
     conditioned upon the results of a criminal history inquiry;
       ``(4) the term `criminal history record information'--
       ``(A) except as provided in subparagraph (B), has the 
     meaning given the term in section 9101(a);
       ``(B) includes any information described in the first 
     sentence of section 9101(a)(2) that has been sealed or 
     expunged pursuant to law, regardless of whether the 
     information is accessible by State and local criminal justice 
     agencies for the purpose of conducting background checks; and
       ``(C) includes information collected by a criminal justice 
     agency, relating to an act or alleged act of juvenile 
     delinquency, that is analogous to criminal history record 
     information (including such information that has been sealed 
     or expunged pursuant to law); and
       ``(5) the term `suspension' has the meaning given the term 
     in section 7501.

     ``Sec. 9202. Limitations on requests for criminal history 
       record information

       ``(a) Inquiries Prior to Conditional Offer.--Except as 
     provided in subsections (b) and (c), an employee of an agency 
     may not request, in oral or written form (including through 
     the Declaration for Federal Employment (Office of Personnel 
     Management Optional Form 306), or any similar successor 
     form), including through the USAJOBS Internet Web site or any 
     other electronic means, that an applicant for an appointment 
     to a position in the civil service disclose criminal history 
     record information regarding the applicant before the 
     appointing authority extends a conditional offer to the 
     applicant.

[[Page 2379]]

       ``(b) Otherwise Required by Law.--The prohibition under 
     subsection (a) shall not apply with respect to an applicant 
     for a position in the civil service if consideration of 
     criminal history record information prior to a conditional 
     offer with respect to the position is otherwise required by 
     law.
       ``(c) Exception for Certain Positions.--
       ``(1) In general.--The prohibition under subsection (a) 
     shall not apply with respect to an applicant for an 
     appointment to a position--
       ``(A) that requires a determination of eligibility 
     described in clause (i), (ii), or (iii) of section 
     9101(b)(1)(A);
       ``(B) as a Federal law enforcement officer (as defined in 
     section 115(c) of title 18); or
       ``(C) identified by the Director of the Office of Personnel 
     Management in the regulations issued under paragraph (2).
       ``(2) Regulations.--
       ``(A) Issuance.--The Director of the Office of Personnel 
     Management shall issue regulations identifying additional 
     positions with respect to which the prohibition under 
     subsection (a) shall not apply, giving due consideration to 
     positions that involve interaction with minors, access to 
     sensitive information, or managing financial transactions.
       ``(B) Compliance with civil rights laws.--The regulations 
     issued under subparagraph (A) shall--
       ``(i) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(ii) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

     ``Sec. 9203. Agency policies; complaint procedures

       ``The Director of the Office of Personnel Management 
     shall--
       ``(1) develop, implement, and publish a policy to assist 
     employees of agencies in complying with section 9202 and the 
     regulations issued pursuant to such section; and
       ``(2) establish and publish procedures under which an 
     applicant for an appointment to a position in the civil 
     service may submit a complaint, or any other information, 
     relating to compliance by an employee of an agency with 
     section 9202.

     ``Sec. 9204. Adverse action

       ``(a) First Violation.--If the Director of the Office of 
     Personnel Management determines, after notice and an 
     opportunity for a hearing on the record, that an employee of 
     an agency has violated section 9202, the Director shall--
       ``(1) issue to the employee a written warning that includes 
     a description of the violation and the additional penalties 
     that may apply for subsequent violations; and
       ``(2) file such warning in the employee's official 
     personnel record file.
       ``(b) Subsequent Violations.--If the Director of the Office 
     of Personnel Management determines, after notice and an 
     opportunity for a hearing on the record, that an employee 
     that was subject to subsection (a) has committed a subsequent 
     violation of section 9202, the Director may take the 
     following action:
       ``(1) For a second violation, suspension of the employee 
     for a period of not more than 7 days.
       ``(2) For a third violation, suspension of the employee for 
     a period of more than 7 days.
       ``(3) For a fourth violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $250.
       ``(4) For a fifth violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $500.
       ``(5) For any subsequent violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $1,000.

     ``Sec. 9205. Procedures

       ``(a) Appeals.--The Director of the Office of Personnel 
     Management shall by rule establish procedures providing for 
     an appeal from any adverse action taken under section 9204 by 
     not later than 30 days after the date of the action.
       ``(b) Applicability of Other Laws.--An adverse action taken 
     under section 9204 (including a determination in an appeal 
     from such an action under subsection (a) of this section) 
     shall not be subject to--
       ``(1) the procedures under chapter 75; or
       ``(2) except as provided in subsection (a) of this section, 
     appeal or judicial review.

     ``Sec. 9206. Rules of construction

       ``Nothing in this chapter may be construed to--
       ``(1) authorize any officer or employee of an agency to 
     request the disclosure of information described under 
     subparagraphs (B) and (C) of section 9201(4); or
       ``(2) create a private right of action for any person.''.
       (b) Regulations; Effective Date.--
       (1) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall issue such regulations as are 
     necessary to carry out chapter 92 of title 5, United States 
     Code (as added by this title).
       (2) Effective date.--Section 9202 of title 5, United States 
     Code (as added by this title), shall take effect on the date 
     that is 2 years after the date of enactment of this Act.
       (c) Technical and Conforming Amendment.--The table of 
     chapters for part III of title 5, United States Code, is 
     amended by inserting after the item relating to chapter 91 
     the following:

``92. Prohibition on criminal history inquiries prior to conditional 
    offer...................................................9201''.....

       (d) Application to Legislative Branch.--
       (1) In general.--The Congressional Accountability Act of 
     1995 (2 U.S.C. 1301 et seq.) is amended--
       (A) in section 102(a) (2 U.S.C. 1302(a)), by adding at the 
     end the following:
       ``(12) Section 9202 of title 5, United States Code.'';
       (B) by redesignating section 207 (2 U.S.C. 1317) as section 
     208; and
       (C) by inserting after section 206 (2 U.S.C. 1316) the 
     following new section:

     ``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL 
                   HISTORY INQUIRIES.

       ``(a) Definitions.--In this section, the terms `agency', 
     `criminal history record information', and `suspension' have 
     the meanings given the terms in section 9201 of title 5, 
     United States Code, except as otherwise modified by this 
     section.
       ``(b) Restrictions on Criminal History Inquiries.--
       ``(1) In general.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an employee of an employing office may not request that an 
     applicant for employment as a covered employee disclose 
     criminal history record information if the request would be 
     prohibited under section 9202 of title 5, United States Code, 
     if made by an employee of an agency.
       ``(B) Conditional offer.--For purposes of applying that 
     section 9202 under subparagraph (A), a reference in that 
     section 9202 to a conditional offer shall be considered to be 
     an offer of employment as a covered employee that is 
     conditioned upon the results of a criminal history inquiry.
       ``(2) Rules of construction.--The provisions of section 
     9206 of title 5, United States Code, shall apply to employing 
     offices, consistent with regulations issued under subsection 
     (d).
       ``(c) Remedy.--
       ``(1) In general.--The remedy for a violation of subsection 
     (b)(1) shall be such remedy as would be appropriate if 
     awarded under section 9204 of title 5, United States Code, if 
     the violation had been committed by an employee of an agency, 
     consistent with regulations issued under subsection (d), 
     except that the reference in that section to a suspension 
     shall be considered to be a suspension with the level of 
     compensation provided for a covered employee who is taking 
     unpaid leave under section 202.
       ``(2) Process for obtaining relief.--An applicant for 
     employment as a covered employee who alleges a violation of 
     subsection (b)(1) may rely on the provisions of title IV 
     (other than sections 404(2), 407, and 408), consistent with 
     regulations issued under subsection (d).
       ``(d) Regulations To Implement Section.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the Fair Chance to Compete for Jobs Act of 
     2016, the Board shall, pursuant to section 304, issue 
     regulations to implement this section.
       ``(2) Parallel with agency regulations.--The regulations 
     issued under paragraph (1) shall be the same as substantive 
     regulations issued by the Director of the Office of Personnel 
     Management under section 802(b)(1) of the Fair Chance to 
     Compete for Jobs Act of 2016 to implement the statutory 
     provisions referred to in subsections (a) through (c) except 
     to the extent that the Board may determine, for good cause 
     shown and stated together with the regulation, that a 
     modification of such regulations would be more effective for 
     the implementation of the rights and protections under this 
     section.
       ``(e) Effective Date.--Section 102(a)(12) and subsections 
     (a) through (c) shall take effect on the date on which 
     section 9202 of title 5, United States Code, applies with 
     respect to agencies.''.
       (2) Clerical amendment.--The table of contents of such Act 
     is amended--
       (A) by redesignating the item relating to section 207 as 
     the item relating to section 208; and
       (B) by inserting after the item relating to section 206 the 
     following new item:

``Sec. 207. Rights and protections relating to criminal history 
              inquiries.''.

       (e) Application to Judicial Branch.--
       (1) In general.--Section 604 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(i) Restrictions on Criminal History Inquiries.--
       ``(1) Definitions.--In this subsection--
       ``(A) the terms `agency' and `criminal history record 
     information' have the meanings given those terms in section 
     9201 of title 5;
       ``(B) the term `covered employee' means an employee of the 
     judicial branch of the United States Government, other than--

[[Page 2380]]

       ``(i) any judge or justice who is entitled to hold office 
     during good behavior;
       ``(ii) a United States magistrate judge; or
       ``(iii) a bankruptcy judge; and
       ``(C) the term `employing office' means any office or 
     entity of the judicial branch of the United States Government 
     that employs covered employees.
       ``(2) Restriction.--A covered employee may not request that 
     an applicant for employment as a covered employee disclose 
     criminal history record information if the request would be 
     prohibited under section 9202 of title 5 if made by an 
     employee of an agency.
       ``(3) Employing office policies; complaint procedure.--The 
     provisions of sections 9203 and 9206 of title 5 shall apply 
     to employing offices and to applicants for employment as 
     covered employees, consistent with regulations issued by the 
     Director to implement this subsection.
       ``(4) Adverse action.--
       ``(A) Adverse action.--The Director may take such adverse 
     action with respect to a covered employee who violates 
     paragraph (2) as would be appropriate under section 9204 of 
     title 5 if the violation had been committed by an employee of 
     an agency.
       ``(B) Appeals.--The Director shall by rule establish 
     procedures providing for an appeal from any adverse action 
     taken under subparagraph (A) by not later than 30 days after 
     the date of the action.
       ``(C) Applicability of other laws.--Except as provided in 
     subparagraph (B), an adverse action taken under subparagraph 
     (A) (including a determination in an appeal from such an 
     action under subparagraph (B)) shall not be subject to appeal 
     or judicial review.
       ``(5) Regulations to be issued.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of the Fair Chance to Compete for Jobs Act of 
     2016, the Director shall issue regulations to implement this 
     subsection.
       ``(B) Parallel with agency regulations.--The regulations 
     issued under subparagraph (A) shall be the same as 
     substantive regulations promulgated by the Director of the 
     Office of Personnel Management under section 802(b)(1) of the 
     Fair Chance to Compete for Jobs Act of 2016 except to the 
     extent that the Director of the Administrative Office of the 
     United States Courts may determine, for good cause shown and 
     stated together with the regulation, that a modification of 
     such regulations would be more effective for the 
     implementation of the rights and protections under this 
     subsection.
       ``(6) Effective date.--Paragraphs (1) through (4) shall 
     take effect on the date on which section 9202 of title 5 
     applies with respect to agencies.''.

     SEC. 803. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY 
                   CONTRACTORS PRIOR TO CONDITIONAL OFFER.

       (a) Civilian Agency Contracts.--
       (1) In general.--Division C of subtitle I of title 41, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 4713. Prohibition on criminal history inquiries by 
       contractors prior to conditional offer

       ``(a) Limitation on Criminal History Inquiries.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), an executive agency--
       ``(A) may not require that an individual or sole proprietor 
     who submits a bid for a contract to disclose criminal history 
     record information regarding that individual or sole 
     proprietor before determining the apparent awardee; and
       ``(B) shall require, as a condition of receiving a Federal 
     contract and receiving payments under such contract that the 
     contractor may not verbally, or through written form, request 
     the disclosure of criminal history record information 
     regarding an applicant for a position related to work under 
     such contract before the contractor extends a conditional 
     offer to the applicant.
       ``(2) Otherwise required by law.--The prohibition under 
     paragraph (1) does not apply with respect to a contract if 
     consideration of criminal history record information prior to 
     a conditional offer with respect to the position is otherwise 
     required by law.
       ``(3) Exception for certain positions.--
       ``(A) In general.--The prohibition under paragraph (1) does 
     not apply with respect to--
       ``(i) a contract that requires an individual hired under 
     the contract to access classified information or to have 
     sensitive law enforcement or national security duties; or
       ``(ii) a position that the Administrator of General 
     Services identifies under the regulations issued under 
     subparagraph (B).
       ``(B) Regulations.--
       ``(i) Issuance.--Not later than 16 months after the date of 
     enactment of the Fair Chance to Compete for Jobs Act of 2016, 
     the Administrator of General Services, in consultation with 
     the Secretary of Defense, shall issue regulations identifying 
     additional positions with respect to which the prohibition 
     under paragraph (1) shall not apply, giving due consideration 
     to positions that involve interaction with minors, access to 
     sensitive information, or managing financial transactions.
       ``(ii) Compliance with civil rights laws.--The regulations 
     issued under clause (i) shall--

       ``(I) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(II) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

       ``(b) Complaint Procedures.--The Administrator of General 
     Services shall establish and publish procedures under which 
     an applicant for a position with a Federal contractor may 
     submit to the Administrator a complaint, or any other 
     information, relating to compliance by the contractor with 
     subsection (a)(1)(B).
       ``(c) Action for Violations of Prohibition on Criminal 
     History Inquiries.--
       ``(1) First violation.--If the head of an executive agency 
     determines that a contractor has violated subsection 
     (a)(1)(B), such head shall--
       ``(A) notify the contractor;
       ``(B) provide 30 days after such notification for the 
     contractor to appeal the determination; and
       ``(C) issue a written warning to the contractor that 
     includes a description of the violation and the additional 
     remedies that may apply for subsequent violations.
       ``(2) Subsequent violation.--If the head of an executive 
     agency determines that a contractor that was subject to 
     paragraph (1) has committed a subsequent violation of 
     subsection (a)(1)(B), such head shall notify the contractor, 
     shall provide 30 days after such notification for the 
     contractor to appeal the determination, and, in consultation 
     with the relevant Federal agencies, may take actions, 
     depending on the severity of the infraction and the 
     contractor's history of violations, including--
       ``(A) providing written guidance to the contractor that the 
     contractor's eligibility for contracts requires compliance 
     with this section;
       ``(B) requiring that the contractor respond within 30 days 
     affirming that the contractor is taking steps to comply with 
     this section; and
       ``(C) suspending payment under the contract for which the 
     applicant was being considered until the contractor 
     demonstrates compliance with this section.
       ``(d) Definitions.--In this section:
       ``(1) Conditional offer.--The term `conditional offer' 
     means an offer of employment for a position related to work 
     under a contract that is conditioned upon the results of a 
     criminal history inquiry.
       ``(2) Criminal history record information.--The term 
     `criminal history record information' has the meaning given 
     that term in section 9201 of title 5.''.
       (2) Clerical amendment.--The table of sections for division 
     C of subtitle I of title 41, United States Code, is amended 
     by inserting after the item relating to section 4712 the 
     following new item:

``4713. Prohibition on criminal history inquiries by contractors prior 
              to conditional offer.''.

       (3) Effective date.--Section 4713(a) of title 41, United 
     States Code, as added by paragraph (1), shall apply with 
     respect to contracts awarded pursuant to solicitations issued 
     after the effective date described in section 802(b)(2) of 
     this title.
       (b) Defense Contracts.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2338. Prohibition on criminal history inquiries by 
       contractors prior to conditional offer

       ``(a) Limitation on Criminal History Inquiries.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), the head of an agency--
       ``(A) may not require that an individual or sole proprietor 
     who submits a bid for a contract to disclose criminal history 
     record information regarding that individual or sole 
     proprietor before determining the apparent awardee; and
       ``(B) shall require as a condition of receiving a Federal 
     contract and receiving payments under such contract that the 
     contractor may not verbally or through written form request 
     the disclosure of criminal history record information 
     regarding an applicant for a position related to work under 
     such contract before such contractor extends a conditional 
     offer to the applicant.
       ``(2) Otherwise required by law.--The prohibition under 
     paragraph (1) does not apply with respect to a contract if 
     consideration of criminal history record information prior to 
     a conditional offer with respect to the position is otherwise 
     required by law.
       ``(3) Exception for certain positions.--
       ``(A) In general.--The prohibition under paragraph (1) does 
     not apply with respect to--
       ``(i) a contract that requires an individual hired under 
     the contract to access classified information or to have 
     sensitive law enforcement or national security duties; or
       ``(ii) a position that the Secretary of Defense identifies 
     under the regulations issued under subparagraph (B).
       ``(B) Regulations.--
       ``(i) Issuance.--Not later than 16 months after the date of 
     enactment of the Fair

[[Page 2381]]

     Chance to Compete for Jobs Act of 2016, the Secretary of 
     Defense, in consultation with the Administrator of General 
     Services, shall issue regulations identifying additional 
     positions with respect to which the prohibition under 
     paragraph (1) shall not apply, giving due consideration to 
     positions that involve interaction with minors, access to 
     sensitive information, or managing financial transactions.
       ``(ii) Compliance with civil rights laws.--The regulations 
     issued under clause (i) shall--

       ``(I) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(II) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

       ``(b) Complaint Procedures.--The Secretary of Defense shall 
     establish and publish procedures under which an applicant for 
     a position with a Department of Defense contractor may submit 
     a complaint, or any other information, relating to compliance 
     by the contractor with subsection (a)(1)(B).
       ``(c) Action for Violations of Prohibition on Criminal 
     History Inquiries.--
       ``(1) First violation.--If the Secretary of Defense 
     determines that a contractor has violated subsection 
     (a)(1)(B), the Secretary shall--
       ``(A) notify the contractor;
       ``(B) provide 30 days after such notification for the 
     contractor to appeal the determination; and
       ``(C) issue a written warning to the contractor that 
     includes a description of the violation and the additional 
     remedies that may apply for subsequent violations.
       ``(2) Subsequent violations.--If the Secretary of Defense 
     determines that a contractor that was subject to paragraph 
     (1) has committed a subsequent violation of subsection 
     (a)(1)(B), the Secretary shall notify the contractor, shall 
     provide 30 days after such notification for the contractor to 
     appeal the determination, and, in consultation with the 
     relevant Federal agencies, may take actions, depending on the 
     severity of the infraction and the contractor's history of 
     violations, including--
       ``(A) providing written guidance to the contractor that the 
     contractor's eligibility for contracts requires compliance 
     with this section;
       ``(B) requiring that the contractor respond within 30 days 
     affirming that the contractor is taking steps to comply with 
     this section; and
       ``(C) suspending payment under the contract for which the 
     applicant was being considered until the contractor 
     demonstrates compliance with this section.
       ``(d) Definitions.--In this section:
       ``(1) Conditional offer.--The term `conditional offer' 
     means an offer of employment for a position related to work 
     under a contract that is conditioned upon the results of a 
     criminal history inquiry.
       ``(2) Criminal history record information.--The term 
     `criminal history record information' has the meaning given 
     that term in section 9201 of title 5.''.
       (2) Effective date.--Section 2338(a) of title 10, United 
     States Code, as added by paragraph (1), shall apply with 
     respect to contracts awarded pursuant to solicitations issued 
     after the effective date described in section 802(b)(2) of 
     this title.
       (3) Clerical amendment.--The table of sections for chapter 
     137 of title 10, United States Code, is amended by inserting 
     after the item relating to section 2337 the following new 
     item:

``2338. Prohibition on criminal history inquiries by contractors prior 
              to conditional offer.''.

       (c) Revisions to Federal Acquisition Regulation.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Federal Acquisition Regulatory 
     Council shall revise the Federal Acquisition Regulation to 
     implement section 4713 of title 41, United States Code, and 
     section 2338 of title 10, United States Code, as added by 
     this section.
       (2) Consistency with office of personnel management 
     regulations.--The Federal Acquisition Regulatory Council 
     shall revise the Federal Acquisition Regulation under 
     paragraph (1) to be consistent with the regulations issued by 
     the Director of the Office of Personnel Management under 
     section 2(b)(1) to the maximum extent practicable. The 
     Council shall include together with such revision an 
     explanation of any substantive modification of the Office of 
     Personnel Management regulations, including an explanation of 
     how such modification will more effectively implement the 
     rights and protections under this section.

     SEC. 804. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY 
                   INCARCERATED IN FEDERAL PRISONS.

       (a) Definition.--In this section, the term ``covered 
     individual''--
       (1) means an individual who has completed a term of 
     imprisonment in a Federal prison for a Federal criminal 
     offense; and
       (2) does not include an alien who is or will be removed 
     from the United States for a violation of the immigration 
     laws (as such term is defined in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101)).
       (b) Study and Report Required.--The Director of the Bureau 
     of Justice Statistics, in coordination with the Director of 
     the Bureau of the Census, shall--
       (1) not later than 6 months after the date of enactment of 
     this Act, design and initiate a study on the employment of 
     covered individuals after their release from Federal prison, 
     including by collecting--
       (A) demographic data on covered individuals, including 
     race, age, and sex; and
       (B) data on employment and earnings of covered individuals 
     who are denied employment, including the reasons for the 
     denials; and
       (2) not later than 2 years after the date of enactment of 
     this Act, and every 5 years thereafter, submit a report that 
     does not include any personally identifiable information on 
     the study conducted under paragraph (1) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (C) the Committee on Oversight and Government Reform of the 
     House of Representatives; and
       (D) the Committee on Education and the Workforce of the 
     House of Representatives.
                                 ______
                                 
  SA 3350. 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.--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.
       (c) Funding.--Funds shall be available to carry out this 
     section from funds otherwise available to the NIH.

                          ____________________