[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[Senate]
[Pages 2891-2905]
[From the U.S. Government Publishing Office, www.gpo.gov]




            COMPREHENSIVE ADDICTION AND RECOVERY ACT OF 2015

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of S. 524, which the clerk will report.
  The legislative clerk read as follows:

       A bill (S. 524) to authorize the Attorney General to award 
     grants to address the national epidemics of prescription 
     opioid abuse and heroin use.

  The PRESIDING OFFICER. Under the previous order, the time until 11:30 
a.m. will be equally divided between the two managers or their 
designees.
  The Senator from Mississippi.


                   Filling the Supreme Court Vacancy

  Mr. WICKER. Madam President, I understand we are on the bill, but 
there are no speakers presently here, so I would like to address the 
Chair and my colleagues for a few moments about the matter my colleague 
from Wyoming was discussing just now, and that is the very serious 
matter of how we will fill the vacancy of Justice Scalia.
  I want to read to my colleagues a message I got from one of my 
constituents in Columbus, MS. As you can imagine, we have all received 
quite a bit of opinion from the people who put us in office, but I 
think this constituent really hits it on the head when she says: ``The 
next appointment is probably the most crucial in our history and will 
have ramifications on future generations.''
  I really agree with that, and I think it is such a profound decision 
that we ought to feel comfortable, as the Senator from Wyoming just 
said, in letting the people decide. We are in the midst of a great 
debate about the direction our country will take, the executive branch 
will take, over the next 4 and possibly 8 years.
  The Court has been relatively balanced, with a slight 5-4 tilt toward 
the conservative side. Clearly there is an effort in this city and on 
the part of some of my friends on the other side of the aisle to shift 
that balance. I think it is reasonable to conclude, with so much 
involved and with the ramifications on future generations, as my 
constituent has said, that it is very appropriate that this be a matter 
of debate in this Presidential election and, frankly, in the Senate 
elections also. And I realize there is a lot of heat and light on this 
issue, but I would simply suggest that we are on the right track in 
letting the American people speak to this.
  There is another matter in this regard that I have been reluctant to 
bring to the attention of my colleagues until today, but I think it has 
gotten to the point where we need to be reminded that there are rules 
of decorum that apply to this debate and to all debates we have on the 
Senate floor. I would direct the Chair's attention and the attention of 
my colleagues to rule XIX of the Standing Rules of the Senate. 
Paragraph 2 of that rule states: ``No Senator in debate shall, directly 
or indirectly, by any form of words impute to another Senator or to 
other Senators any conduct or motive unworthy or unbecoming a 
Senator.''
  I read that paragraph in its entirety because it is quite obvious to 
me, to my colleagues on this side of the aisle, and I think to 
objective observers, that what has ensued over the last week or two has 
been a concerted effort to impugn the reputation and honor of the 
chairman of the Judiciary Committee, the distinguished Senator from 
Iowa, Mr. Grassley.
  I would just suggest to my colleagues on both sides of the aisle and 
particularly to my friend the distinguished minority leader that in 
reviewing some of the statements that have been made on this floor--and 
I have them in my hand, although I will not read them again to the 
Chair because they are in the Record--particularly those statements 
coming from the very top leadership of the other side of the aisle, 
there has been statement after statement that crosses the line, that is 
prohibited under the rules. It is a breach of our rules to suggest 
about any other Senator motives unworthy or unbecoming of a Senator.
  I hope we can continue this debate, and certainly we will, but I hope 
we will confine it to the merits of the issue, and there are merits on 
both sides. This is not the place to conduct an election or reelection 
campaign--the floor of the Senate is not that place--and it seems to me 
that in recent days that line has been crossed and crossed repeatedly.
  I will get back to my original point. We are prepared to let the 
American people speak on this issue, and it is of

[[Page 2892]]

vital importance not just for the next 4 years but perhaps for the next 
decade, two decades, or three decades. And I would ask us to dial the 
rhetoric back, dial the heat back, and stay on the issues. We are 
comfortable making the case that this is a decision that should be left 
to the American people.
  I thank the Chair for giving me the time.
  Mr. GRASSLEY. Madam President, I want to take a few minutes to 
describe the funding that my substitute amendment for S. 524, the 
Comprehensive Addiction and Recovery Act of 2016, is intended to 
authorize.
  Section 202 of the amendment authorizes SAMHSA's grants to prevent 
prescription drug/opioid overdose-related deaths. These grants were 
appropriated $12 million in H.R. 2029, the Consolidated Appropriations 
Act of 2016. The specific appropriating language is located on page 50 
of the Departments of Labor, Health and Human Services, and Education 
report to H.R. 2029.
  Section 204 authorizes the COPS Anti-Heroin Task Force and Anti-
Methamphetamine Task Force. These two task forces were appropriated $7 
million each in H.R. 2029, for a total of $14 million. The specific 
appropriating language is located in paragraphs three and four under 
the section entitled ``Community Oriented Policing Services'', on page 
70 of H.R. 2029.
  Section 301 authorizes SAMHSA's grants for targeted capacity 
expansion--medicated assisted treatments. Grants under this program 
were appropriated $25 million in H.R. 2029. The specific appropriating 
language for this program is located in the Departments of Labor, 
Health and Human Services, and Education report to H.R. 2029, on page 
47.
  Section 501 authorizes SAMHSA's Services Grant Program for 
Residential Treatment for Pregnant & Postpartum Women. This grant 
program was appropriated $15.9 million in H.R. 2029. The specific 
appropriating language for this program is located in the Departments 
of Labor, Health and Human Services, and Education report to H.R. 2029, 
on page 46.
  Finally, some of the other sections in CARA are being authorized 
through 42 U.S.C. section 3797cc, which was appropriated $11 million in 
H.R. 2029. The specific appropriating language is located in paragraph 
one under the section entitled ``Community Oriented Policing 
Services'', on page 69 of H.R. 2029. Therefore, the managers' amendment 
authorizes a total of $77.9 million in total.
  Mr. WICKER. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. COTTON. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. COTTON. I yield back.
  The PRESIDING OFFICER. Under the previous order, all postcloture time 
has expired.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall it pass?
  Ms. AYOTTE. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Texas (Mr. Cruz), the Senator from Utah (Mr. Lee), and the 
Senator from Florida (Mr. Rubio).
  Further, if present and voting, the Senator from Utah (Mr. Lee) would 
have voted ``nay.''
  Mr. DURBIN. I announce that the Senator from Missouri (Mrs. 
McCaskill) and the Senator from Vermont (Mr. Sanders) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 94, nays 1, as follows:

                      [Rollcall Vote No. 34 Leg.]

                                YEAS--94

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Coats
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Cotton
     Crapo
     Daines
     Donnelly
     Durbin
     Enzi
     Ernst
     Feinstein
     Fischer
     Flake
     Franken
     Gardner
     Gillibrand
     Graham
     Grassley
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johnson
     Kaine
     King
     Kirk
     Klobuchar
     Lankford
     Leahy
     Manchin
     Markey
     McCain
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Perdue
     Peters
     Portman
     Reed
     Reid
     Risch
     Roberts
     Rounds
     Schatz
     Schumer
     Scott
     Sessions
     Shaheen
     Shelby
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Udall
     Vitter
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--1

       
     Sasse
       

                             NOT VOTING--5

     Cruz
     Lee
     McCaskill
     Rubio
     Sanders
  The bill (S. 524), as amended, was passed, as follows:

                                 S. 524

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Comprehensive Addiction and Recovery Act of 2016''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

                   TITLE I--PREVENTION AND EDUCATION

Sec. 101. Development of best practices for the prescribing of 
              prescription opioids.
Sec. 102. Awareness campaigns.
Sec. 103. Community-based coalition enhancement grants to address local 
              drug crises.

                TITLE II--LAW ENFORCEMENT AND TREATMENT

Sec. 201. Treatment alternative to incarceration programs.
Sec. 202. First responder training for the use of drugs and devices 
              that rapidly reverse the effects of opioids.
Sec. 203. Prescription drug take back expansion.
Sec. 204. Heroin and methamphetamine task forces.

                   TITLE III--TREATMENT AND RECOVERY

Sec. 301. Evidence-based prescription opioid and heroin treatment and 
              interventions demonstration.
Sec. 302. Criminal justice medication assisted treatment and 
              interventions demonstration.
Sec. 303. National youth recovery initiative.
Sec. 304. Building communities of recovery.

              TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES

Sec. 401. Correctional education demonstration grant program.
Sec. 402. National Task Force on Recovery and Collateral Consequences.

  TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND 
                                VETERANS

Sec. 501. Improving treatment for pregnant and postpartum women.
Sec. 502. Report on grants for family-based substance abuse treatment.
Sec. 503. Veterans' treatment courts.

  TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS 
                  PRESCRIPTION OPIOID AND HEROIN ABUSE

Sec. 601. State demonstration grants for comprehensive opioid abuse 
              response.

                        TITLE VII--MISCELLANEOUS

Sec. 701. GAO report on IMD exclusion.
Sec. 702. Funding.
Sec. 703. Conforming amendments.
Sec. 704. Grant accountability.
Sec. 705. Programs to prevent prescription drug abuse under the 
              Medicare program.

             TITLE VIII--TRANSNATIONAL DRUG TRAFFICKING ACT

Sec. 801. Short title.
Sec. 802. Possession, manufacture or distribution for purposes of 
              unlawful importations.
Sec. 803. Trafficking in counterfeit goods or services.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The abuse of heroin and prescription opioid painkillers 
     is having a devastating effect on public health and safety in 
     communities across the United States. According to

[[Page 2893]]

     the Centers for Disease Control and Prevention, drug overdose 
     deaths now surpass traffic accidents in the number of deaths 
     caused by injury in the United States. In 2014, an average of 
     more than 120 people in the United States died from drug 
     overdoses every day.
       (2) According to the National Institute on Drug Abuse 
     (commonly known as ``NIDA''), the number of prescriptions for 
     opioids increased from approximately 76,000,000 in 1991 to 
     nearly 207,000,000 in 2013, and the United States is the 
     biggest consumer of opioids globally, accounting for almost 
     100 percent of the world total for hydrocodone and 81 percent 
     for oxycodone.
       (3) Opioid pain relievers are the most widely misused or 
     abused controlled prescription drugs (commonly referred to as 
     ``CPDs'') and are involved in most CPD-related overdose 
     incidents. According to the Drug Abuse Warning Network 
     (commonly known as ``DAWN''), the estimated number of 
     emergency department visits involving nonmedical use of 
     prescription opiates or opioids increased by 112 percent 
     between 2006 and 2010, from 84,671 to 179,787.
       (4) The use of heroin in the United States has also spiked 
     sharply in recent years. According to the most recent 
     National Survey on Drug Use and Health, more than 900,000 
     people in the United States reported using heroin in 2014, 
     nearly a 35 percent increase from the previous year. Heroin 
     overdose deaths more than tripled from 2010 to 2014.
       (5) The supply of cheap heroin available in the United 
     States has increased dramatically as well, largely due to the 
     activity of Mexican drug trafficking organizations. The Drug 
     Enforcement Administration (commonly known as the ``DEA'') 
     estimates that heroin seizures at the Mexican border have 
     more than doubled since 2010, and heroin production in Mexico 
     increased 62 percent from 2013 to 2014. While only 8 percent 
     of State and local law enforcement officials across the 
     United States identified heroin as the greatest drug threat 
     in their area in 2008, that number rose to 38 percent in 
     2015.
       (6) Law enforcement officials and treatment experts 
     throughout the country report that many people who have 
     misused prescription opioids have turned to heroin as a 
     cheaper or more easily obtained alternative to prescription 
     opioids.
       (7) According to a report by the National Association of 
     State Alcohol and Drug Abuse Directors (commonly referred to 
     as ``NASADAD''), 37 States reported an increase in admissions 
     to treatment for heroin use during the past 2 years, while 
     admissions to treatment for prescription opiates increased 
     500 percent from 2000 to 2012.
       (8) Research indicates that combating the opioid crisis, 
     including abuse of prescription painkillers and, 
     increasingly, heroin, requires a multipronged approach that 
     involves prevention, education, monitoring, law enforcement 
     initiatives, reducing drug diversion and the supply of 
     illicit drugs, expanding delivery of existing treatments 
     (including medication assisted treatments), expanding access 
     to overdose medications and interventions, and the 
     development of new medications for pain that can augment the 
     existing treatment arsenal.
       (9) Substance use disorders are a treatable disease. 
     Discoveries in the science of addiction have led to advances 
     in the treatment of substance use disorders that help people 
     stop abusing drugs and prescription medications and resume 
     their productive lives.
       (10) According to the National Survey on Drug Use and 
     Health, approximately 22,700,000 people in the United States 
     needed substance use disorder treatment in 2013, but only 
     2,500,000 people received it. Furthermore, current treatment 
     services are not adequate to meet demand. According to a 
     report commissioned by the Substance Abuse and Mental Health 
     Services Administration (commonly known as ``SAMHSA''), there 
     are approximately 32 providers for every 1,000 individuals 
     needing substance use disorder treatment. In some States, the 
     ratio is much lower.
       (11) The overall cost of drug abuse, from health care- and 
     criminal justice-related costs to lost productivity, is 
     steep, totaling more than $700,000,000,000 a year, according 
     to NIDA. Effective substance abuse prevention can yield major 
     economic dividends.
       (12) According to NIDA, when schools and communities 
     properly implement science-validated substance abuse 
     prevention programs, abuse of alcohol, tobacco, and illicit 
     drugs is reduced. Such programs help teachers, parents, and 
     healthcare professionals shape the perceptions of youths 
     about the risks of drug abuse.
       (13) Diverting certain individuals with substance use 
     disorders from criminal justice systems into community-based 
     treatment can save billions of dollars and prevent sizeable 
     numbers of crimes, arrests, and re-incarcerations over the 
     course of those individuals' lives.
       (14) According to the DEA, more than 2,700 tons of expired, 
     unwanted prescription medications have been collected since 
     the enactment of the Secure and Responsible Drug Disposal Act 
     of 2010 (Public Law 111-273; 124 Stat. 2858).
       (15) Faith-based, holistic, or drug-free models can provide 
     a critical path to successful recovery for a number of people 
     in the United States. The 2015 membership survey conducted by 
     Alcoholics Anonymous (commonly known as ``AA'') found that 73 
     percent of AA members were sober longer than 1 year and 
     attended 2.5 meetings per week.
       (16) Research shows that combining treatment medications 
     with behavioral therapy is an effective way to facilitate 
     success for some patients. Treatment approaches must be 
     tailored to address the drug abuse patterns and drug-related 
     medical, psychiatric, and social problems of each individual. 
     Different types of medications may be useful at different 
     stages of treatment or recovery to help a patient stop using 
     drugs, stay in treatment, and avoid relapse. Patients have a 
     range of options regarding their path to recovery and many 
     have also successfully addressed drug abuse through the use 
     of faith-based, holistic, or drug-free models.
       (17) Individuals with mental illness, especially severe 
     mental illness, are at considerably higher risk for substance 
     abuse than the general population, and the presence of a 
     mental illness complicates recovery from substance abuse.
       (18) Rural communities are especially susceptible to heroin 
     and opioid abuse. Individuals in rural counties have higher 
     rates of drug poisoning deaths, including deaths from 
     opioids. According to the American Journal of Public Health, 
     ``[O]pioid poisonings in nonmetropolitan counties have 
     increased at a rate greater than threefold the increase in 
     metropolitan counties.'' According to a February 19, 2016, 
     report from the Maine Rural Health Research Center, 
     ``[M]ultiple studies document a higher prevalence [of abuse] 
     among specific vulnerable rural populations, particularly 
     among youth, women who are pregnant or experiencing partner 
     violence, and persons with co-occurring disorders.''

     SEC. 3. DEFINITIONS.

       In this Act--
       (1) the term ``first responder'' includes a firefighter, 
     law enforcement officer, paramedic, emergency medical 
     technician, or other individual (including an employee of a 
     legally organized and recognized volunteer organization, 
     whether compensated or not), who, in the course of 
     professional duties, responds to fire, medical, hazardous 
     material, or other similar emergencies;
       (2) the term ``medication assisted treatment'' means the 
     use, for problems relating to heroin and other opioids, of 
     medications approved by the Food and Drug Administration in 
     combination with counseling and behavioral therapies;
       (3) the term ``opioid'' means any drug having an addiction-
     forming or addiction-sustaining liability similar to morphine 
     or being capable of conversion into a drug having such 
     addiction-forming or addiction-sustaining liability; and
       (4) the term ``State'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and any territory or possession of the United States.

                   TITLE I--PREVENTION AND EDUCATION

     SEC. 101. DEVELOPMENT OF BEST PRACTICES FOR THE PRESCRIBING 
                   OF PRESCRIPTION OPIOIDS.

       (a) Definitions.--In this section--
       (1) the term ``Secretary'' means the Secretary of Health 
     and Human Services; and
       (2) the term ``task force'' means the Pain Management Best 
     Practices Interagency Task Force convened under subsection 
     (b).
       (b) Interagency Task Force.--Not later than December 14, 
     2018, the Secretary, in cooperation with the Secretary of 
     Veterans Affairs, the Secretary of Defense, and the 
     Administrator of the Drug Enforcement Administration, shall 
     convene a Pain Management Best Practices Interagency Task 
     Force to review, modify, and update, as appropriate, best 
     practices for pain management (including chronic and acute 
     pain) and prescribing pain medication.
       (c) Membership.--The task force shall be comprised of--
       (1) representatives of--
       (A) the Department of Health and Human Services;
       (B) the Department of Veterans Affairs;
       (C) the Food and Drug Administration;
       (D) the Department of Defense;
       (E) the Drug Enforcement Administration;
       (F) the Centers for Disease Control and Prevention;
       (G) the National Academy of Medicine;
       (H) the National Institutes of Health;
       (I) the Office of National Drug Control Policy; and
       (J) the Office of Rural Health Policy of the Department of 
     Health and Human Services;
       (2) physicians, dentists, and nonphysician prescribers;
       (3) pharmacists;
       (4) experts in the fields of pain research and addiction 
     research;
       (5) representatives of--
       (A) pain management professional organizations;
       (B) the mental health treatment community;
       (C) the addiction treatment community;
       (D) pain advocacy groups; and
       (E) groups with expertise around overdose reversal; and
       (6) other stakeholders, as the Secretary determines 
     appropriate.
       (d) Duties.--The task force shall--
       (1) not later than 180 days after the date on which the 
     task force is convened under subsection (b), review, modify, 
     and update, as

[[Page 2894]]

     appropriate, best practices for pain management (including 
     chronic and acute pain) and prescribing pain medication, 
     taking into consideration--
       (A) existing pain management research;
       (B) recommendations from relevant conferences and existing 
     relevant evidence-based guidelines;
       (C) ongoing efforts at the State and local levels and by 
     medical professional organizations to develop improved pain 
     management strategies, including consideration of 
     alternatives to opioids to reduce opioid monotherapy in 
     appropriate cases;
       (D) the management of high-risk populations, other than 
     populations who suffer pain, who--
       (i) may use or be prescribed benzodiazepines, alcohol, and 
     diverted opioids; or
       (ii) receive opioids in the course of medical care; and
       (E) the Proposed 2016 Guideline for Prescribing Opioids for 
     Chronic Pain issued by the Centers for Disease Control and 
     Prevention (80 Fed. Reg. 77351 (December 14, 2015)) and any 
     final guidelines issued by the Centers for Disease Control 
     and Prevention;
       (2) solicit and take into consideration public comment on 
     the practices developed under paragraph (1), amending such 
     best practices if appropriate; and
       (3) develop a strategy for disseminating information about 
     the best practices to stakeholders, as appropriate.
       (e) Limitation.--The task force shall not have rulemaking 
     authority.
       (f) Report.--Not later than 270 days after the date on 
     which the task force is convened under subsection (b), the 
     task force shall submit to Congress a report that includes--
       (1) the strategy for disseminating best practices for pain 
     management (including chronic and acute pain) and prescribing 
     pain medication, as reviewed, modified, or updated under 
     subsection (d); and
       (2) recommendations for effectively applying the best 
     practices described in paragraph (1) to improve prescribing 
     practices at medical facilities, including medical facilities 
     of the Veterans Health Administration.

     SEC. 102. AWARENESS CAMPAIGNS.

       (a) In General.--The Secretary of Health and Human 
     Services, in coordination with the Attorney General, shall 
     advance the education and awareness of the public, providers, 
     patients, consumers, and other appropriate entities regarding 
     the risk of abuse of prescription opioid drugs if such 
     products are not taken as prescribed, including opioid and 
     methadone abuse. Such education and awareness campaigns 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) Drug-Free Media Campaign.--
       (1) In general.--The Office of National Drug Control 
     Policy, in coordination with the Secretary of Health and 
     Human Services and the Attorney General, shall establish a 
     national drug awareness campaign.
       (2) Requirements.--The national drug awareness campaign 
     required under paragraph (1) shall--
       (A) take into account the association between prescription 
     opioid abuse and heroin use;
       (B) emphasize the similarities between heroin and 
     prescription opioids and the effects of heroin and 
     prescription opioids on the human body; and
       (C) bring greater public awareness to the dangerous effects 
     of fentanyl when mixed with heroin or abused in a similar 
     manner.

     SEC. 103. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO 
                   ADDRESS LOCAL DRUG CRISES.

       Part II of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797cc et seq.) is amended by 
     striking section 2997 and inserting the following:

     ``SEC. 2997. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO 
                   ADDRESS LOCAL DRUG CRISES.

       ``(a) Definitions.--In this section--
       ``(1) the term `Drug-Free Communities Act of 1997' means 
     chapter 2 of the National Narcotics Leadership Act of 1988 
     (21 U.S.C. 1521 et seq.);
       ``(2) the term `eligible entity' means an organization 
     that--
       ``(A) on or before the date of submitting an application 
     for a grant under this section, receives or has received a 
     grant under the Drug-Free Communities Act of 1997; and
       ``(B) has documented, using local data, rates of abuse of 
     opioids or methamphetamines at levels that are--
       ``(i) significantly higher than the national average as 
     determined by the Secretary (including appropriate 
     consideration of the results of the Monitoring the Future 
     Survey published by the National Institute on Drug Abuse and 
     the National Survey on Drug Use and Health published by the 
     Substance Abuse and Mental Health Services Administration); 
     or
       ``(ii) higher than the national average, as determined by 
     the Secretary (including appropriate consideration of the 
     results of the surveys described in clause (i)), over a 
     sustained period of time;
       ``(3) the term `local drug crisis' means, with respect to 
     the area served by an eligible entity--
       ``(A) a sudden increase in the abuse of opioids or 
     methamphetamines, as documented by local data;
       ``(B) the abuse of prescription medications, specifically 
     opioids or methamphetamines, that is significantly higher 
     than the national average, over a sustained period of time, 
     as documented by local data; or
       ``(C) a sudden increase in opioid-related deaths, as 
     documented by local data;
       ``(4) the term `opioid' means any drug having an addiction-
     forming or addiction-sustaining liability similar to morphine 
     or being capable of conversion into a drug having such 
     addiction-forming or addiction-sustaining liability; and
       ``(5) the term `Secretary' means the Secretary of Health 
     and Human Services.
       ``(b) Program Authorized.--The Secretary, in coordination 
     with the Director of the Office of National Drug Control 
     Policy, may make grants to eligible entities to implement 
     comprehensive community-wide strategies that address local 
     drug crises within the area served by the eligible entity.
       ``(c) Application.--
       ``(1) In general.--An eligible entity seeking a grant under 
     this section shall submit an application to the Secretary at 
     such time, in such manner, and accompanied by such 
     information as the Secretary may require.
       ``(2) Criteria.--As part of an application for a grant 
     under this section, the Secretary shall require an eligible 
     entity to submit a detailed, comprehensive, multisector plan 
     for addressing the local drug crisis within the area served 
     by the eligible entity.
       ``(d) Use of Funds.--An eligible entity shall use a grant 
     received under this section--
       ``(1) for programs designed to implement comprehensive 
     community-wide prevention strategies to address the local 
     drug crisis in the area served by the eligible entity, in 
     accordance with the plan submitted under subsection (c)(2); 
     and
       ``(2) to obtain specialized training and technical 
     assistance from the organization funded under section 4 of 
     Public Law 107-82 (21 U.S.C. 1521 note).
       ``(e) Supplement Not Supplant.--An eligible entity shall 
     use Federal funds received under this section only to 
     supplement the funds that would, in the absence of those 
     Federal funds, be made available from other Federal and non-
     Federal sources for the activities described in this section, 
     and not to supplant those funds.
       ``(f) Evaluation.--A grant under this section shall be 
     subject to the same evaluation requirements and procedures as 
     the evaluation requirements and procedures imposed on the 
     recipient of a grant under the Drug-Free Communities Act of 
     1997, and may also include an evaluation of the effectiveness 
     at reducing abuse of opioids, methadone, or methamphetamines.
       ``(g) Limitation on Administrative Expenses.--Not more than 
     8 percent of the amounts made available to carry out this 
     section for a fiscal year may be used by the Secretary to pay 
     for administrative expenses.''.

                TITLE II--LAW ENFORCEMENT AND TREATMENT

     SEC. 201. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAMS.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means a 
     State, unit of local government, Indian tribe, or nonprofit 
     organization.
       (2) Eligible participant.--The term ``eligible 
     participant'' means an individual who--
       (A) comes into contact with the juvenile justice system or 
     criminal justice system or is arrested or charged with an 
     offense that is not--
       (i) a crime of violence, as defined under applicable State 
     law or section 3156 of title 18, United States Code; or
       (ii) a serious drug offense, as defined under section 
     924(e)(2)(A) of title 18, United States Code;
       (B) has been screened by a qualified mental health 
     professional and determined to suffer from a substance use 
     disorder, or co-occurring mental illness and substance use 
     disorder, that there is a reasonable basis to believe is 
     related to the commission of the offense; and
       (C) has been, after consideration of any potential risk of 
     violence to any person in the program or the public if the 
     individual were selected to participate in the program, 
     unanimously approved for participation in a program funded 
     under this section by, as applicable depending on the stage 
     of the criminal justice process--
       (i) the relevant law enforcement agency;
       (ii) the prosecuting attorney;
       (iii) the defense attorney;
       (iv) the pretrial, probation, or correctional officer;
       (v) the judge; and
       (vi) a representative from the relevant mental health or 
     substance abuse agency.
       (b) Program Authorized.--The Secretary of Health and Human 
     Services, in coordination with the Attorney General, may make 
     grants to eligible entities to--
       (1) develop, implement, or expand a treatment alternative 
     to incarceration program for eligible participants, 
     including--
       (A) pre-booking, including pre-arrest, treatment 
     alternative to incarceration programs, including--

[[Page 2895]]

       (i) law enforcement training on substance use disorders and 
     co-occurring mental illness and substance use disorders;
       (ii) receiving centers as alternatives to incarceration of 
     eligible participants;
       (iii) specialized response units for calls related to 
     substance use disorders and co-occurring mental illness and 
     substance use disorders; and
       (iv) other pre-arrest or pre-booking treatment alternative 
     to incarceration models; and
       (B) post-booking treatment alternative to incarceration 
     programs, including--
       (i) specialized clinical case management;
       (ii) pretrial services related to substance use disorders 
     and co-occurring mental illness and substance use disorders;
       (iii) prosecutor and defender based programs;
       (iv) specialized probation;
       (v) programs utilizing the American Society of Addiction 
     Medicine patient placement criteria;
       (vi) treatment and rehabilitation programs and recovery 
     support services; and
       (vii) drug courts, DWI courts, and veterans treatment 
     courts; and
       (2) facilitate or enhance planning and collaboration 
     between State criminal justice systems and State substance 
     abuse systems in order to more efficiently and effectively 
     carry out programs described in paragraph (1) that address 
     problems related to the use of heroin and misuse of 
     prescription drugs among eligible participants.
       (c) Application.--
       (1) In general.--An eligible entity seeking a grant under 
     this section shall submit an application to the Secretary of 
     Health and Human Services--
       (A) that meets the criteria under paragraph (2); and
       (B) at such time, in such manner, and accompanied by such 
     information as the Secretary of Health and Human Services may 
     require.
       (2) Criteria.--An eligible entity, in submitting an 
     application under paragraph (1), shall--
       (A) provide extensive evidence of collaboration with State 
     and local government agencies overseeing health, community 
     corrections, courts, prosecution, substance abuse, mental 
     health, victims services, and employment services, and with 
     local law enforcement agencies;
       (B) demonstrate consultation with the Single State 
     Authority for Substance Abuse (as defined in section 201(e) 
     of the Second Chance Act of 2007 (42 U.S.C. 17521(e)));
       (C) demonstrate consultation with the Single State criminal 
     justice planning agency;
       (D) demonstrate that evidence-based treatment practices, 
     including if applicable the use of medication assisted 
     treatment, will be utilized; and
       (E) demonstrate that evidenced-based screening and 
     assessment tools will be utilized to place participants in 
     the treatment alternative to incarceration program.
       (d) Requirements.--Each eligible entity awarded a grant for 
     a treatment alternative to incarceration program under this 
     section shall--
       (1) determine the terms and conditions of participation in 
     the program by eligible participants, taking into 
     consideration the collateral consequences of an arrest, 
     prosecution, or criminal conviction;
       (2) ensure that each substance abuse and mental health 
     treatment component is licensed and qualified by the relevant 
     jurisdiction;
       (3) for programs described in subsection (b)(2), organize 
     an enforcement unit comprised of appropriately trained law 
     enforcement professionals under the supervision of the State, 
     tribal, or local criminal justice agency involved, the duties 
     of which shall include--
       (A) the verification of addresses and other contacts of 
     each eligible participant who participates or desires to 
     participate in the program; and
       (B) if necessary, the location, apprehension, arrest, and 
     return to court of an eligible participant in the program who 
     has absconded from the facility of a treatment provider or 
     has otherwise violated the terms and conditions of the 
     program, consistent with Federal and State confidentiality 
     requirements;
       (4) notify the relevant criminal justice entity if any 
     eligible participant in the program absconds from the 
     facility of the treatment provider or otherwise violates the 
     terms and conditions of the program, consistent with Federal 
     and State confidentiality requirements;
       (5) submit periodic reports on the progress of treatment or 
     other measured outcomes from participation in the program of 
     each eligible participant in the program to the relevant 
     State, tribal, or local criminal justice agency;
       (6) describe the evidence-based methodology and outcome 
     measurements that will be used to evaluate the program, and 
     specifically explain how such measurements will provide valid 
     measures of the impact of the program; and
       (7) describe how the program could be broadly replicated if 
     demonstrated to be effective.
       (e) Use of Funds.--An eligible entity shall use a grant 
     received under this section for expenses of a treatment 
     alternative to incarceration program, including--
       (1) salaries, personnel costs, equipment costs, and other 
     costs directly related to the operation of the program, 
     including the enforcement unit;
       (2) payments for treatment providers that are approved by 
     the relevant State or tribal jurisdiction and licensed, if 
     necessary, to provide needed treatment to eligible 
     participants in the program, including medication assisted 
     treatment, aftercare supervision, vocational training, 
     education, and job placement;
       (3) payments to public and nonprofit private entities that 
     are approved by the State or tribal jurisdiction and 
     licensed, if necessary, to provide alcohol and drug addiction 
     treatment and mental health treatment to eligible 
     participants in the program; and
       (4) salaries, personnel costs, and other costs related to 
     strategic planning among State and local government agencies.
       (f) Supplement Not Supplant.--An eligible entity shall use 
     Federal funds received under this section only to supplement 
     the funds that would, in the absence of those Federal funds, 
     be made available from other Federal and non-Federal sources 
     for the activities described in this section, and not to 
     supplant those funds.
       (g) Geographic Distribution.--The Secretary of Health and 
     Human Services shall ensure that, to the extent practicable, 
     the geographical distribution of grants under this section is 
     equitable and includes a grant to an eligible entity in--
       (1) each State;
       (2) rural, suburban, and urban areas; and
       (3) tribal jurisdictions.
       (h) Priority Consideration With Respect to States.--In 
     awarding grants to States under this section, the Secretary 
     of Health and Human Services shall give priority to--
       (1) a State that submits a joint application from the 
     substance abuse agencies and criminal justice agencies of the 
     State that proposes to use grant funds to facilitate or 
     enhance planning and collaboration between the agencies, 
     including coordination to better address the needs of 
     incarcerated populations; and
       (2) a State that--
       (A) provides civil liability protection for first 
     responders, health professionals, and family members who have 
     received appropriate training in the administration of 
     naloxone in administering naloxone to counteract opioid 
     overdoses; and
       (B) submits to the Secretary a certification by the 
     attorney general of the State that the attorney general has--
       (i) reviewed any applicable civil liability protection law 
     to determine the applicability of the law with respect to 
     first responders, health care professionals, family members, 
     and other individuals who--

       (I) have received appropriate training in the 
     administration of naloxone; and
       (II) may administer naloxone to individuals reasonably 
     believed to be suffering from opioid overdose; and

       (ii) concluded that the law described in subparagraph (A) 
     provides adequate civil liability protection applicable to 
     such persons.
       (i) Reports and Evaluations.--
       (1) In general.--Each fiscal year, each recipient of a 
     grant under this section during that fiscal year shall submit 
     to the Secretary of Health and Human Services a report on the 
     outcomes of activities carried out using that grant in such 
     form, containing such information, and on such dates as the 
     Secretary of Health and Human Services shall specify.
       (2) Contents.--A report submitted under paragraph (1) 
     shall--
       (A) describe best practices for treatment alternatives; and
       (B) identify training requirements for law enforcement 
     officers who participate in treatment alternative to 
     incarceration programs.
       (j) Funding.--During the 5-year period beginning on the 
     date of enactment of this Act, the Secretary of Health and 
     Human Services may carry out this section using not more than 
     $5,000,000 each fiscal year of amounts appropriated to the 
     Substance Abuse and Mental Health Services Administration for 
     Criminal Justice Activities. No additional funds are 
     authorized to be appropriated to carry out this section.

     SEC. 202. FIRST RESPONDER TRAINING FOR THE USE OF DRUGS AND 
                   DEVICES THAT RAPIDLY REVERSE THE EFFECTS OF 
                   OPIOIDS.

       Part II of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by 
     section 103, is amended by adding at the end the following:

     ``SEC. 2998. FIRST RESPONDER TRAINING FOR THE USE OF DRUGS 
                   AND DEVICES THAT RAPIDLY REVERSE THE EFFECTS OF 
                   OPIOIDS.

       ``(a) Definition.--In this section--
       ``(1) the terms `drug' and `device' have the meanings given 
     those terms in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321);
       ``(2) the term `eligible entity' means a State, a unit of 
     local government, or an Indian tribal government;
       ``(3) the term `first responder' includes a firefighter, 
     law enforcement officer, paramedic, emergency medical 
     technician, or

[[Page 2896]]

     other individual (including an employee of a legally 
     organized and recognized volunteer organization, whether 
     compensated or not), who, in the course of professional 
     duties, responds to fire, medical, hazardous material, or 
     other similar emergencies;
       ``(4) the term `opioid' means any drug having an addiction-
     forming or addiction-sustaining liability similar to morphine 
     or being capable of conversion into a drug having such 
     addiction-forming or addiction-sustaining liability; and
       ``(5) the term `Secretary' means the Secretary of Health 
     and Human Services.
       ``(b) Program Authorized.--The Secretary, in coordination 
     with the Attorney General, may make grants to eligible 
     entities to allow appropriately trained first responders to 
     administer an opioid overdose reversal drug to an individual 
     who has--
       ``(1) experienced a prescription opioid or heroin overdose; 
     or
       ``(2) been determined to have likely experienced a 
     prescription opioid or heroin overdose.
       ``(c) Application.--
       ``(1) In general.--An eligible entity seeking a grant under 
     this section shall submit an application to the Secretary--
       ``(A) that meets the criteria under paragraph (2); and
       ``(B) at such time, in such manner, and accompanied by such 
     information as the Secretary may require.
       ``(2) Criteria.--An eligible entity, in submitting an 
     application under paragraph (1), shall--
       ``(A) describe the evidence-based methodology and outcome 
     measurements that will be used to evaluate the program funded 
     with a grant under this section, and specifically explain how 
     such measurements will provide valid measures of the impact 
     of the program;
       ``(B) describe how the program could be broadly replicated 
     if demonstrated to be effective;
       ``(C) identify the governmental and community agencies that 
     the program will coordinate; and
       ``(D) describe how law enforcement agencies will coordinate 
     with their corresponding State substance abuse and mental 
     health agencies to identify protocols and resources that are 
     available to overdose victims and families, including 
     information on treatment and recovery resources.
       ``(d) Use of Funds.--An eligible entity shall use a grant 
     received under this section to--
       ``(1) make such opioid overdose reversal drugs or devices 
     that are approved by the Food and Drug Administration, such 
     as naloxone, available to be carried and administered by 
     first responders;
       ``(2) train and provide resources for first responders on 
     carrying an opioid overdose reversal drug or device approved 
     by the Food and Drug Administration, such as naloxone, and 
     administering the drug or device to an individual who has 
     experienced, or has been determined to have likely 
     experienced, a prescription opioid or heroin overdose; and
       ``(3) establish processes, protocols, and mechanisms for 
     referral to appropriate treatment, which may include an 
     outreach coordinator or team to connect individuals receiving 
     opioid overdose reversal drugs to follow-up services.
       ``(e) Technical Assistance Grants.--The Secretary shall 
     make a grant for the purpose of providing technical 
     assistance and training on the use of an opioid overdose 
     reversal drug, such as naloxone, to respond to an individual 
     who has experienced, or has been determined to have likely 
     experienced, a prescription opioid or heroin overdose, and 
     mechanisms for referral to appropriate treatment for an 
     eligible entity receiving a grant under this section.
       ``(f) Evaluation.--The Secretary shall conduct an 
     evaluation of grants made under this section to determine--
       ``(1) the number of first responders equipped with 
     naloxone, or another opioid overdose reversal drug, for the 
     prevention of fatal opioid and heroin overdose;
       ``(2) the number of opioid and heroin overdoses reversed by 
     first responders receiving training and supplies of naloxone, 
     or another opioid overdose reversal drug, through a grant 
     received under this section;
       ``(3) the number of calls for service related to opioid and 
     heroin overdose;
       ``(4) the extent to which overdose victims and families 
     receive information about treatment services and available 
     data describing treatment admissions; and
       ``(5) the research, training, and naloxone, or another 
     opioid overdose reversal drug, supply needs of first 
     responder agencies, including those agencies that are not 
     receiving grants under this section.
       ``(g) Rural Areas With Limited Access to Emergency Medical 
     Services.--In making grants under this section, the Secretary 
     shall ensure that not less than 25 percent of grant funds are 
     awarded to eligible entities that are not located in 
     metropolitan statistical areas, as defined by the Office of 
     Management and Budget.''.

     SEC. 203. PRESCRIPTION DRUG TAKE BACK EXPANSION.

       (a) Definition of Covered Entity.--In this section, the 
     term ``covered entity'' means--
       (1) a State, local, or tribal law enforcement agency;
       (2) a manufacturer, distributor, or reverse distributor of 
     prescription medications;
       (3) a retail pharmacy;
       (4) a registered narcotic treatment program;
       (5) a hospital or clinic with an onsite pharmacy;
       (6) an eligible long-term care facility; or
       (7) any other entity authorized by the Drug Enforcement 
     Administration to dispose of prescription medications.
       (b) Program Authorized.--The Attorney General, in 
     coordination with the Administrator of the Drug Enforcement 
     Administration, the Secretary of Health and Human Services, 
     and the Director of the Office of National Drug Control 
     Policy, shall coordinate with covered entities in expanding 
     or making available disposal sites for unwanted prescription 
     medications.

     SEC. 204. HEROIN AND METHAMPHETAMINE TASK FORCES.

       Part II of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by 
     section 202, is amended by adding at the end the following:

     ``SEC. 2999. HEROIN AND METHAMPHETAMINE TASK FORCES.

       ``(a) Definition of Opioid.--In this section, the term 
     `opioid' means any drug having an addiction-forming or 
     addiction-sustaining liability similar to morphine or being 
     capable of conversion into a drug having such addiction-
     forming or addiction-sustaining liability.
       ``(b) Authority.--The Attorney General may make grants to 
     State law enforcement agencies for investigative purposes--
       ``(1) to locate or investigate illicit activities through 
     statewide collaboration, including activities related to--
       ``(A) the distribution of heroin or fentanyl, or the 
     unlawful distribution of prescription opioids; or
       ``(B) unlawful heroin, fentanyl, and prescription opioid 
     traffickers; and
       ``(2) to locate or investigate illicit activities, 
     including precursor diversion, laboratories, or 
     methamphetamine traffickers.''.

                   TITLE III--TREATMENT AND RECOVERY

     SEC. 301. EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN 
                   TREATMENT AND INTERVENTIONS DEMONSTRATION.

       Part II of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by 
     section 204, is amended by adding at the end the following:

     ``SEC. 2999A. EVIDENCE-BASED PRESCRIPTION OPIOID AND HEROIN 
                   TREATMENT AND INTERVENTIONS DEMONSTRATION.

       ``(a) Definitions.--In this section--
       ``(1) the terms `Indian tribe' and `tribal organization' 
     have the meaning given those terms in section 4 of the Indian 
     Health Care Improvement Act (25 U.S.C. 1603));
       ``(2) the term `medication assisted treatment' means the 
     use, for problems relating to heroin and other opioids, of 
     medications approved by the Food and Drug Administration in 
     combination with counseling and behavioral therapies;
       ``(3) the term `opioid' means any drug having an addiction-
     forming or addiction-sustaining liability similar to morphine 
     or being capable of conversion into a drug having such 
     addiction-forming or addiction-sustaining liability;
       ``(4) the term `Secretary' means the Secretary of Health 
     and Human Services; and
       ``(5) the term `State substance abuse agency' means the 
     agency of a State responsible for the State prevention, 
     treatment, and recovery system, including management of the 
     Substance Abuse Prevention and Treatment Block Grant under 
     subpart II of part B of title XIX of the Public Health 
     Service Act (42 U.S.C. 300x-21 et seq.).
       ``(b) Grants.--
       ``(1) Authority to make grants.--The Secretary, acting 
     through the Director of the Center for Substance Abuse 
     Treatment of the Substance Abuse and Mental Health Services 
     Administration, and in coordination with the Attorney General 
     and other departments or agencies, as appropriate, may award 
     grants to State substance abuse agencies, units of local 
     government, nonprofit organizations, and Indian tribes or 
     tribal organizations that have a high rate, or have had a 
     rapid increase, in the use of heroin or other opioids, in 
     order to permit such entities to expand activities, including 
     an expansion in the availability of medication assisted 
     treatment and other clinically appropriate services, with 
     respect to the treatment of addiction in the specific 
     geographical areas of such entities where there is a high 
     rate or rapid increase in the use of heroin or other opioids.
       ``(2) Nature of activities.--The grant funds awarded under 
     paragraph (1) shall be used for activities that are based on 
     reliable scientific evidence of efficacy in the treatment of 
     problems related to heroin or other opioids.
       ``(c) Geographic Distribution.--The Secretary shall ensure 
     that grants awarded under subsection (b) are distributed 
     equitably among the various regions of the United States and 
     among rural, urban, and suburban areas that are affected by 
     the use of heroin or other opioids.

[[Page 2897]]

       ``(d) Additional Activities.--In administering grants under 
     subsection (b), the Secretary shall--
       ``(1) evaluate the activities supported by grants awarded 
     under subsection (b);
       ``(2) disseminate information, as appropriate, derived from 
     the evaluation as the Secretary considers appropriate;
       ``(3) provide States, Indian tribes and tribal 
     organizations, and providers with technical assistance in 
     connection with the provision of treatment of problems 
     related to heroin and other opioids; and
       ``(4) fund only those applications that specifically 
     support recovery services as a critical component of the 
     grant program.''.

     SEC. 302. CRIMINAL JUSTICE MEDICATION ASSISTED TREATMENT AND 
                   INTERVENTIONS DEMONSTRATION.

       (a) Definitions.--In this section--
       (1) the term ``criminal justice agency'' means a State, 
     local, or tribal--
       (A) court;
       (B) prison;
       (C) jail; or
       (D) other agency that performs the administration of 
     criminal justice, including prosecution, pretrial services, 
     and community supervision;
       (2) the term ``eligible entity'' means a State, unit of 
     local government, or Indian tribe; and
       (3) the term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (b) Program Authorized.--The Secretary, in coordination 
     with the Attorney General, may make grants to eligible 
     entities to implement medication assisted treatment programs 
     through criminal justice agencies.
       (c) Application.--
       (1) In general.--An eligible entity seeking a grant under 
     this section shall submit an application to the Secretary--
       (A) that meets the criteria under paragraph (2); and
       (B) at such time, in such manner, and accompanied by such 
     information as the Secretary may require.
       (2) Criteria.--An eligible entity, in submitting an 
     application under paragraph (1), shall--
       (A) certify that each medication assisted treatment program 
     funded with a grant under this section has been developed in 
     consultation with the Single State Authority for Substance 
     Abuse (as defined in section 201(e) of the Second Chance Act 
     of 2007 (42 U.S.C. 17521(e))); and
       (B) describe how data will be collected and analyzed to 
     determine the effectiveness of the program described in 
     subparagraph (A).
       (d) Use of Funds.--An eligible entity shall use a grant 
     received under this section for expenses of--
       (1) a medication assisted treatment program, including the 
     expenses of prescribing medications recognized by the Food 
     and Drug Administration for opioid treatment in conjunction 
     with psychological and behavioral therapy;
       (2) training criminal justice agency personnel and 
     treatment providers on medication assisted treatment;
       (3) cross-training personnel providing behavioral health 
     and health services, administration of medicines, and other 
     administrative expenses, including required reports; and
       (4) the provision of recovery coaches who are responsible 
     for providing mentorship and transition plans to individuals 
     reentering society following incarceration or alternatives to 
     incarceration.
       (e) Priority Consideration With Respect to States.--In 
     awarding grants to States under this section, the Secretary 
     shall give priority to a State that--
       (1) provides civil liability protection for first 
     responders, health professionals, and family members who have 
     received appropriate training in the administration of 
     naloxone in administering naloxone to counteract opioid 
     overdoses; and
       (2) submits to the Secretary a certification by the 
     attorney general of the State that the attorney general has--
       (A) reviewed any applicable civil liability protection law 
     to determine the applicability of the law with respect to 
     first responders, health care professionals, family members, 
     and other individuals who--
       (i) have received appropriate training in the 
     administration of naloxone; and
       (ii) may administer naloxone to individuals reasonably 
     believed to be suffering from opioid overdose; and
       (B) concluded that the law described in subparagraph (A) 
     provides adequate civil liability protection applicable to 
     such persons.
       (f) Technical Assistance.--The Secretary, in coordination 
     with the Director of the National Institute on Drug Abuse and 
     the Attorney General, shall provide technical assistance and 
     training for an eligible entity receiving a grant under this 
     section.
       (g) Reports.--
       (1) In general.--An eligible entity receiving a grant under 
     this section shall submit a report to the Secretary on the 
     outcomes of each grant received under this section for 
     individuals receiving medication assisted treatment, based 
     on--
       (A) the recidivism of the individuals;
       (B) the treatment outcomes of the individuals, including 
     maintaining abstinence from illegal, unauthorized, and 
     unprescribed or undispensed opioids and heroin;
       (C) a comparison of the cost of providing medication 
     assisted treatment to the cost of incarceration or other 
     participation in the criminal justice system;
       (D) the housing status of the individuals; and
       (E) the employment status of the individuals.
       (2) Contents and timing.--Each report described in 
     paragraph (1) shall be submitted annually in such form, 
     containing such information, and on such dates as the 
     Secretary shall specify.
       (h) Funding.--During the 5-year period beginning on the 
     date of enactment of this Act, the Secretary may carry out 
     this section using not more than $5,000,000 each fiscal year 
     of amounts appropriated to the Substance Abuse and Mental 
     Health Services Administration for Criminal Justice 
     Activities. No additional funds are authorized to be 
     appropriated to carry out this section.

     SEC. 303. NATIONAL YOUTH RECOVERY INITIATIVE.

       Part II of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by 
     section 301, is amended by adding at the end the following:

     ``SEC. 2999B. NATIONAL YOUTH RECOVERY INITIATIVE.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a high school that has been accredited as a recovery 
     high school by the Association of Recovery Schools;
       ``(B) an accredited high school that is seeking to 
     establish or expand recovery support services;
       ``(C) an institution of higher education;
       ``(D) a recovery program at a nonprofit collegiate 
     institution; or
       ``(E) a nonprofit organization.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(3) Recovery program.--The term `recovery program'--
       ``(A) means a program to help individuals who are 
     recovering from substance use disorders to initiate, 
     stabilize, and maintain healthy and productive lives in the 
     community; and
       ``(B) includes peer-to-peer support and communal activities 
     to build recovery skills and supportive social networks.
       ``(b) Grants Authorized.--The Secretary of Health and Human 
     Services, in coordination with the Secretary of Education, 
     may award grants to eligible entities to enable the entities 
     to--
       ``(1) provide substance use disorder recovery support 
     services to young people in high school and enrolled in 
     institutions of higher education;
       ``(2) help build communities of support for young people in 
     recovery through a spectrum of activities such as counseling 
     and health- and wellness-oriented social activities; and
       ``(3) encourage initiatives designed to help young people 
     achieve and sustain recovery from substance use disorders.
       ``(c) Use of Funds.--Grants awarded under subsection (b) 
     may be used for activities to develop, support, and maintain 
     youth recovery support services, including--
       ``(1) the development and maintenance of a dedicated 
     physical space for recovery programs;
       ``(2) dedicated staff for the provision of recovery 
     programs;
       ``(3) health- and wellness-oriented social activities and 
     community engagement;
       ``(4) establishment of recovery high schools;
       ``(5) coordination of recovery programs with--
       ``(A) substance use disorder treatment programs and 
     systems;
       ``(B) providers of mental health services;
       ``(C) primary care providers and physicians;
       ``(D) the criminal justice system, including the juvenile 
     justice system;
       ``(E) employers;
       ``(F) housing services;
       ``(G) child welfare services;
       ``(H) high schools and institutions of higher education; 
     and
       ``(I) other programs or services related to the welfare of 
     an individual in recovery from a substance use disorder;
       ``(6) the development of peer-to-peer support programs or 
     services; and
       ``(7) additional activities that help youths and young 
     adults to achieve recovery from substance use disorders.''.

     SEC. 304. BUILDING COMMUNITIES OF RECOVERY.

       Part II of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by 
     section 303, is amended by adding at the end the following:

     ``SEC. 2999C. BUILDING COMMUNITIES OF RECOVERY.

       ``(a) Definition.--In this section, the term `recovery 
     community organization' means an independent nonprofit 
     organization that--
       ``(1) mobilizes resources within and outside of the 
     recovery community to increase the prevalence and quality of 
     long-term recovery from substance use disorders; and

[[Page 2898]]

       ``(2) is wholly or principally governed by people in 
     recovery for substance use disorders who reflect the 
     community served.
       ``(b) Grants Authorized.--The Secretary of Health and Human 
     Services may award grants to recovery community organizations 
     to enable such organizations to develop, expand, and enhance 
     recovery services.
       ``(c) Federal Share.--The Federal share of the costs of a 
     program funded by a grant under this section may not exceed 
     50 percent.
       ``(d) Use of Funds.--Grants awarded under subsection (b)--
       ``(1) shall be used to develop, expand, and enhance 
     community and statewide recovery support services; and
       ``(2) may be used to--
       ``(A) advocate for individuals in recovery from substance 
     use disorders;
       ``(B) build connections between recovery networks, between 
     recovery community organizations, and with other recovery 
     support services, including--
       ``(i) substance use disorder treatment programs and 
     systems;
       ``(ii) providers of mental health services;
       ``(iii) primary care providers and physicians;
       ``(iv) the criminal justice system;
       ``(v) employers;
       ``(vi) housing services;
       ``(vii) child welfare agencies; and
       ``(viii) other recovery support services that facilitate 
     recovery from substance use disorders;
       ``(C) reduce the stigma associated with substance use 
     disorders;
       ``(D) conduct public education and outreach on issues 
     relating to substance use disorders and recovery, including--
       ``(i) how to identify the signs of addiction;
       ``(ii) the resources that are available to individuals 
     struggling with addiction and families who have a family 
     member struggling with or being treated for addiction, 
     including programs that mentor and provide support services 
     to children;
       ``(iii) the resources that are available to help support 
     individuals in recovery; and
       ``(iv) information on the medical consequences of substance 
     use disorders, including neonatal abstinence syndrome and 
     potential infection with human immunodeficiency virus and 
     viral hepatitis; and
       ``(E) carry out other activities that strengthen the 
     network of community support for individuals in recovery.''.

              TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES

     SEC. 401. CORRECTIONAL EDUCATION DEMONSTRATION GRANT PROGRAM.

       Part II of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by 
     section 304, is amended by adding at the end the following:

     ``SEC. 2999D. CORRECTIONAL EDUCATION DEMONSTRATION GRANT 
                   PROGRAM.

       ``(a) Definition.--In this section, the term `eligible 
     entity' means a State, unit of local government, nonprofit 
     organization, or Indian tribe.
       ``(b) Grant Program Authorized.--The Attorney General may 
     make grants to eligible entities to design, implement, and 
     expand educational programs for offenders in prisons, jails, 
     and juvenile facilities, including to pay for--
       ``(1) basic education, secondary level academic education, 
     high school equivalency examination preparation, career 
     technical education, and English language learner instruction 
     at the basic, secondary, or post-secondary levels, for adult 
     and juvenile populations;
       ``(2) screening and assessment of inmates to assess 
     education level and needs, occupational interest or aptitude, 
     risk level, and other needs, and case management services;
       ``(3) hiring and training of instructors and aides, 
     reimbursement of non-corrections staff and experts, 
     reimbursement of stipends paid to inmate tutors or aides, and 
     the costs of training inmate tutors and aides;
       ``(4) instructional supplies and equipment, including 
     occupational program supplies and equipment to the extent 
     that the supplies and equipment are used for instructional 
     purposes;
       ``(5) partnerships and agreements with community colleges, 
     universities, and career technology education program 
     providers;
       ``(6) certification programs providing recognized high 
     school equivalency certificates and industry recognized 
     credentials; and
       ``(7) technology solutions to--
       ``(A) meet the instructional, assessment, and information 
     needs of correctional populations; and
       ``(B) facilitate the continued participation of 
     incarcerated students in community-based education programs 
     after the students are released from incarceration.
       ``(c) Application.--An eligible entity seeking a grant 
     under this section shall submit to the Attorney General an 
     application in such form and manner, at such time, and 
     accompanied by such information as the Attorney General 
     specifies.
       ``(d) Priority Considerations.--In awarding grants under 
     this section, the Attorney General shall give priority to 
     applicants that--
       ``(1) assess the level of risk and need of inmates, 
     including by--
       ``(A) assessing the need for English language learner 
     instruction;
       ``(B) conducting educational assessments; and
       ``(C) assessing occupational interests and aptitudes;
       ``(2) target educational services to assessed needs, 
     including academic and occupational at the basic, secondary, 
     or post-secondary level;
       ``(3) target career and technology education programs to--
       ``(A) areas of identified occupational demand; and
       ``(B) employment opportunities in the communities in which 
     students are reasonably expected to reside post-release;
       ``(4) include a range of appropriate educational 
     opportunities at the basic, secondary, and post-secondary 
     levels;
       ``(5) include opportunities for students to attain industry 
     recognized credentials;
       ``(6) include partnership or articulation agreements 
     linking institutional education programs with community sited 
     programs provided by adult education program providers and 
     accredited institutions of higher education, community 
     colleges, and vocational training institutions; and
       ``(7) explicitly include career pathways models offering 
     opportunities for incarcerated students to develop academic 
     skills, in-demand occupational skills and credentials, 
     occupational experience in institutional work programs or 
     work release programs, and linkages with employers in the 
     community, so that incarcerated students have opportunities 
     to embark on careers with strong prospects for both post-
     release employment and advancement in a career ladder over 
     time.
       ``(e) Requirements.--An eligible entity seeking a grant 
     under this section shall--
       ``(1) describe the evidence-based methodology and outcome 
     measurements that will be used to evaluate each program 
     funded with a grant under this section, and specifically 
     explain how such measurements will provide valid measures of 
     the impact of the program; and
       ``(2) describe how each program described in paragraph (1) 
     could be broadly replicated if demonstrated to be effective.
       ``(f) Control of Internet Access.--An entity that receives 
     a grant under this section may restrict access to the 
     Internet by prisoners, as appropriate and in accordance with 
     Federal and State law, to ensure public safety.''.

     SEC. 402. NATIONAL TASK FORCE ON RECOVERY AND COLLATERAL 
                   CONSEQUENCES.

       (a) Definition.--In this section, the term ``collateral 
     consequence'' means a penalty, disability, or disadvantage 
     imposed on an individual who is in recovery for a substance 
     use disorder (including by an administrative agency, 
     official, or civil court ) as a result of a Federal or State 
     conviction for a drug-related offense but not as part of the 
     judgment of the court that imposes the conviction.
       (b) Establishment.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Attorney General shall establish a 
     bipartisan task force to be known as the Task Force on 
     Recovery and Collateral Consequences (in this section 
     referred to as the ``Task Force'').
       (2) Membership.--
       (A) Total number of members.--The Task Force shall include 
     10 members, who shall be appointed by the Attorney General in 
     accordance with subparagraphs (B) and (C).
       (B) Members of the task force.--The Task Force shall 
     include--
       (i) members who have national recognition and significant 
     expertise in areas such as health care, housing, employment, 
     substance use disorders, mental health, law enforcement, and 
     law;
       (ii) not fewer than 2 members--

       (I) who have personally experienced a substance abuse 
     disorder or addiction and are in recovery; and
       (II) not fewer than 1 of whom has benefitted from 
     medication assisted treatment; and

       (iii) to the extent practicable, members who formerly 
     served as elected officials at the State and Federal levels.
       (C) Timing.--The Attorney General shall appoint the members 
     of the Task Force not later than 60 days after the date on 
     which the Task Force is established under paragraph (1).
       (3) Chairperson.--The Task Force shall select a chairperson 
     or co-chairpersons from among the members of the Task Force.
       (c) Duties of the Task Force.--
       (1) In general.--The Task Force shall--
       (A) identify collateral consequences for individuals with 
     Federal or State convictions for drug-related offenses who 
     are in recovery for substance use disorder; and
       (B) examine any policy basis for the imposition of 
     collateral consequences identified under subparagraph (A) and 
     the effect of the collateral consequences on individuals in 
     recovery in resuming their personal and professional 
     activities.
       (2) Recommendations.--Not later than 180 days after the 
     date of the first meeting of the Task Force, the Task Force 
     shall develop recommendations, as it considers appropriate, 
     for proposed legislative and regulatory changes related to 
     the collateral consequences identified under paragraph (1).

[[Page 2899]]

       (3) Collection of information.--The Task Force shall hold 
     hearings, require the testimony and attendance of witnesses, 
     and secure information from any department or agency of the 
     United States in performing the duties under paragraphs (1) 
     and (2).
       (4) Report.--
       (A) Submission to executive branch.--Not later than 1 year 
     after the date of the first meeting of the Task Force, the 
     Task Force shall submit a report detailing the findings and 
     recommendations of the Task Force to--
       (i) the head of each relevant department or agency of the 
     United States;
       (ii) the President; and
       (iii) the Vice President.
       (B) Submission to congress.--The individuals who receive 
     the report under subparagraph (A) shall submit to Congress 
     such legislative recommendations, if any, as those 
     individuals consider appropriate based on the report.

  TITLE V--ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND 
                                VETERANS

     SEC. 501. IMPROVING TREATMENT FOR PREGNANT AND POSTPARTUM 
                   WOMEN.

       (a) In General.--Section 508 of the Public Health Service 
     Act (42 U.S.C. 290bb-1) is amended--
       (1) in subsection (a), by inserting ``(referred to in this 
     section as the `Director')'' after ``Director of the Center 
     for Substance Abuse Treatment''; and
       (2) in subsection (p), in the first sentence--
       (A) by striking ``Committee on Labor and Human Resources'' 
     and inserting ``Committee on Health, Education, Labor, and 
     Pensions''; and
       (B) by inserting ``(other than subsection (r))'' after 
     ``this section''.
       (b) Pilot Program Grants for State Substance Abuse 
     Agencies.--Section 508 of the Public Health Service Act (42 
     U.S.C. 290bb-1) is amended--
       (1) by striking subsection (r); and
       (2) by inserting after subsection (q) the following:
       ``(r) Pilot Program for State Substance Abuse Agencies.--
       ``(1) In general.--The Director shall carry out a pilot 
     program under which the Director makes competitive grants to 
     State substance abuse agencies to--
       ``(A) enhance flexibility in the use of funds designed to 
     support family-based services for pregnant and postpartum 
     women with a primary diagnosis of a substance use disorder, 
     including opioid use disorders;
       ``(B) help State substance abuse agencies address 
     identified gaps in services furnished to such women along the 
     continuum of care, including services provided to women in 
     non-residential based settings; and
       ``(C) promote a coordinated, effective, and efficient State 
     system managed by State substance abuse agencies by 
     encouraging new approaches and models of service delivery 
     that are evidence-based, including effective family-based 
     programs for women involved with the criminal justice system.
       ``(2) Requirements.--In carrying out the pilot program 
     under this subsection, the Director--
       ``(A) shall require State substance abuse agencies to 
     submit to the Director applications, in such form and manner 
     and containing such information as specified by the Director, 
     to be eligible to receive a grant under the program;
       ``(B) shall identify, based on such submitted applications, 
     State substance abuse agencies that are eligible for such 
     grants;
       ``(C) shall require services proposed to be furnished 
     through such a grant to support family-based treatment and 
     other services for pregnant and postpartum women with a 
     primary diagnosis of a substance use disorder, including 
     opioid use disorders;
       ``(D) notwithstanding subsection (a)(1), shall not require 
     that services furnished through such a grant be provided 
     solely to women that reside in facilities; and
       ``(E) shall not require that grant recipients under the 
     program make available all services described in subsection 
     (d).
       ``(3) Required services.--
       ``(A) In general.--The Director shall specify minimum 
     services required to be made available to eligible women 
     through a grant awarded under the pilot program under this 
     subsection. Such minimum services--
       ``(i) shall include the requirements described in 
     subsection (c);
       ``(ii) may include any of the services described in 
     subsection (d);
       ``(iii) may include other services, as appropriate; and
       ``(iv) shall be based on the recommendations submitted 
     under subparagraph (B)
       ``(B) Stakeholder input.--The Director shall convene and 
     solicit recommendations from stakeholders, including State 
     substance abuse agencies, health care providers, persons in 
     recovery from a substance use disorder, and other appropriate 
     individuals, for the minimum services described in 
     subparagraph (A).
       ``(4) Duration.--The pilot program under this subsection 
     shall not exceed 5 years.
       ``(5) Evaluation and report to congress.--
       ``(A) In general.--Out of amounts made available to the 
     Center for Behavioral Health Statistics and Quality, the 
     Director of the Center for Behavioral Health Statistics and 
     Quality, in cooperation with the recipients of grants under 
     this subsection, shall conduct an evaluation of the pilot 
     program under this subsection, beginning 1 year after the 
     date on which a grant is first awarded under this subsection. 
     The Director of the Center for Behavioral Health Statistics 
     and Quality, in coordination with the Director of the Center 
     for Substance Abuse Treatment, not later than 120 days after 
     completion of such evaluation, shall submit to the relevant 
     Committees of the Senate and the House of Representatives a 
     report on such evaluation.
       ``(B) Contents.--The report to Congress under subparagraph 
     (A) shall include, at a minimum, outcomes information from 
     the pilot program, including any resulting reductions in the 
     use of alcohol and other drugs, engagement in treatment 
     services, retention in the appropriate level and duration of 
     services, increased access to the use of drugs approved by 
     the Food and Drug Administration for the treatment of 
     substance use disorders in combination with counseling, and 
     other appropriate measures.
       ``(6) Definition of state substance abuse agency.--For 
     purposes of this subsection, the term `State substance abuse 
     agency' means, with respect to a State, the agency in such 
     State that manages the substance abuse prevention and 
     treatment block grant program under part B of title XIX.
       ``(s) Funding.--
       ``(1) In general.--For the purpose of carrying out this 
     section, there are authorized to be appropriated $15,900,000 
     for each of fiscal years 2016 through 2020.
       ``(2) Limitation.--Of the amounts made available under 
     paragraph (1) to carry out this section, not more than 25 
     percent may be used each fiscal year to carry out subsection 
     (r).''.

     SEC. 502. REPORT ON GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE 
                   TREATMENT.

       Section 2925 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797s-4) is amended--
       (1) by striking ``An entity'' and inserting ``(a) Entity 
     Reports.--An entity''; and
       (2) by adding at the end the following:
       ``(b) Attorney General Report on Family-Based Substance 
     Abuse Treatment.--The Attorney General shall submit to 
     Congress an annual report that describes the number of grants 
     awarded under section 2921(1) and how such grants are used by 
     the recipients for family-based substance abuse treatment 
     programs that serve as alternatives to incarceration for 
     custodial parents to receive treatment and services as a 
     family.''.

     SEC. 503. VETERANS' TREATMENT COURTS.

       Section 2991(j)(1)(B)(ii) of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 
     3797aa(j)(1)(B)(ii)), as amended by the Comprehensive Justice 
     and Mental Health Act of 2015 (S. 993, 114th Congress), is 
     amended--
       (1) by inserting ``(I)'' after ``(ii)'';
       (2) in subclause (I), as so designated, by striking the 
     period and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(II) was discharged or released from such service under 
     dishonorable conditions, if the reason for that discharge or 
     release, if known, is attributable to a substance use 
     disorder.''.

  TITLE VI--INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS 
                  PRESCRIPTION OPIOID AND HEROIN ABUSE

     SEC. 601. STATE DEMONSTRATION GRANTS FOR COMPREHENSIVE OPIOID 
                   ABUSE RESPONSE.

       (a) Definitions.--In this section--
       (1) the term ``dispenser'' has the meaning given the term 
     in section 102 of the Controlled Substances Act (21 U.S.C. 
     802);
       (2) the term ``prescriber'' means a dispenser who 
     prescribes a controlled substance, or the agent of such a 
     dispenser;
       (3) the term ``prescriber of a schedule II, III, or IV 
     controlled substance'' does not include a prescriber of a 
     schedule II, III, or IV controlled substance that dispenses 
     the substance--
       (A) for use on the premises on which the substance is 
     dispensed;
       (B) in a hospital emergency room, when the substance is in 
     short supply;
       (C) for a certified opioid treatment program; or
       (D) in other situations as the Attorney General may 
     reasonably determine; and
       (4) the term ``schedule II, III, or IV controlled 
     substance'' means a controlled substance that is listed on 
     schedule II, schedule III, or schedule IV of section 202(c) 
     of the Controlled Substances Act (21 U.S.C. 812(c)).
       (b) Planning and Implementation Grants.--
       (1) In general.--The Attorney General, in coordination with 
     the Secretary of Health and Human Services and in 
     consultation with the Director of the Office of National Drug 
     Control Policy, may award grants to States, and combinations 
     thereof, to prepare a comprehensive plan for and implement an 
     integrated opioid abuse response initiative.
       (2) Purposes.--A State receiving a grant under this section 
     shall establish a comprehensive response to opioid abuse, 
     which shall include--
       (A) prevention and education efforts around heroin and 
     opioid use, treatment, and

[[Page 2900]]

     recovery, including education of residents, medical students, 
     and physicians and other prescribers of schedule II, III, or 
     IV controlled substances on relevant prescribing guidelines 
     and the prescription drug monitoring program of the State;
       (B) a comprehensive prescription drug monitoring program to 
     track dispensing of schedule II, III, or IV controlled 
     substances, which shall--
       (i) provide for data sharing with other States by statute, 
     regulation, or interstate agreement; and
       (ii) allow for access to all individuals authorized by the 
     State to write prescriptions for schedule II, III, or IV 
     controlled substances on the prescription drug monitoring 
     program of the State;
       (C) developing, implementing, or expanding prescription 
     drug and opioid addiction treatment programs by--
       (i) expanding programs for medication assisted treatment of 
     prescription drug and opioid addiction, including training 
     for treatment and recovery support providers;
       (ii) developing, implementing, or expanding programs for 
     behavioral health therapy for individuals who are in 
     treatment for prescription drug and opioid addiction;
       (iii) developing, implementing, or expanding programs to 
     screen individuals who are in treatment for prescription drug 
     and opioid addiction for hepatitis C and HIV, and provide 
     treatment for those individuals if clinically appropriate; or
       (iv) developing, implementing, or expanding programs that 
     provide screening, early intervention, and referral to 
     treatment (commonly known as ``SBIRT'') to teenagers and 
     young adults in primary care, middle schools, high schools, 
     universities, school-based health centers, and other 
     community-based health care settings frequently accessed by 
     teenagers or young adults; and
       (D) developing, implementing, and expanding programs to 
     prevent overdose death from prescription medications and 
     opioids.
       (3) Planning grant applications.--
       (A) Application.--
       (i) In general.--A State seeking a planning grant under 
     this section to prepare a comprehensive plan for an 
     integrated opioid abuse response initiative shall submit to 
     the Attorney General an application in such form, and 
     containing such information, as the Attorney General may 
     require.
       (ii) Requirements.--An application for a planning grant 
     under this section shall, at a minimum, include--

       (I) a budget and a budget justification for the activities 
     to be carried out using the grant;
       (II) a description of the activities proposed to be carried 
     out using the grant, including a schedule for completion of 
     such activities;
       (III) outcome measures that will be used to measure the 
     effectiveness of the programs and initiatives to address 
     opioids; and
       (IV) a description of the personnel necessary to complete 
     such activities.

       (B) Period; nonrenewability.--A planning grant under this 
     section shall be for a period of 1 year. A State may not 
     receive more than 1 planning grant under this section.
       (C) Strategic plan and program implementation plan.--A 
     State receiving a planning grant under this section shall 
     develop a strategic plan and a program implementation plan.
       (4) Implementation grants.--
       (A) Application.--A State seeking an implementation grant 
     under this section to implement a comprehensive strategy for 
     addressing opioid abuse shall submit to the Attorney General 
     an application in such form, and containing such information, 
     as the Attorney General may require.
       (B) Use of funds.--A State that receives an implementation 
     grant under this section shall use the grant for the cost of 
     carrying out an integrated opioid abuse response program in 
     accordance with this section, including for technical 
     assistance, training, and administrative expenses.
       (C) Requirements.--An integrated opioid abuse response 
     program carried out using an implementation grant under this 
     section shall--
       (i) require that each prescriber of a schedule II, III, or 
     IV controlled substance in the State--

       (I) registers with the prescription drug monitoring program 
     of the State; and
       (II) consults the prescription drug monitoring program 
     database of the State before prescribing a schedule II, III, 
     or IV controlled substance;

       (ii) require that each dispenser of a schedule II, III, or 
     IV controlled substance in the State--

       (I) registers with the prescription drug monitoring program 
     of the State;
       (II) consults the prescription drug monitoring program 
     database of the State before dispensing a schedule II, III, 
     or IV controlled substance; and
       (III) reports to the prescription drug monitoring program 
     of the State, at a minimum, each instance in which a schedule 
     II, III, or IV controlled substance is dispensed, with 
     limited exceptions, as defined by the State, which shall 
     indicate the prescriber by name and National Provider 
     Identifier;

       (iii) require that, not fewer than 4 times each year, the 
     State agency or agencies that administer the prescription 
     drug monitoring program of the State prepare and provide to 
     each prescriber of a schedule II, III, or IV controlled 
     substance an informational report that shows how the 
     prescribing patterns of the prescriber compare to prescribing 
     practices of the peers of the prescriber and expected norms;
       (iv) if informational reports provided to a prescriber 
     under clause (iii) indicate that the prescriber is repeatedly 
     falling outside of expected norms or standard practices for 
     the prescriber's field, direct the prescriber to educational 
     resources on appropriate prescribing of controlled 
     substances;
       (v) ensure that the prescriber licensing board of the State 
     receives a report describing any prescribers that repeatedly 
     fall outside of expected norms or standard practices for the 
     prescriber's field, as described in clause (iii);
       (vi) require consultation with the Single State Authority 
     for Substance Abuse (as defined in section 201(e) of the 
     Second Chance Act of 2007 (42 U.S.C. 17521(e))); and
       (vii) establish requirements for how data will be collected 
     and analyzed to determine the effectiveness of the program.
       (D) Period.--An implementation grant under this section 
     shall be for a period of 2 years.
       (5) Priority considerations.--In awarding planning and 
     implementation grants under this section, the Attorney 
     General shall give priority to a State that--
       (A)(i) provides civil liability protection for first 
     responders, health professionals, and family members who have 
     received appropriate training in the administration of 
     naloxone in administering naloxone to counteract opioid 
     overdoses; and
       (ii) submits to the Attorney General a certification by the 
     attorney general of the State that the attorney general has--
       (I) reviewed any applicable civil liability protection law 
     to determine the applicability of the law with respect to 
     first responders, health care professionals, family members, 
     and other individuals who--

       (aa) have received appropriate training in the 
     administration of naloxone; and
       (bb) may administer naloxone to individuals reasonably 
     believed to be suffering from opioid overdose; and

       (II) concluded that the law described in subclause (I) 
     provides adequate civil liability protection applicable to 
     such persons;
       (B) has in effect legislation or implements a policy under 
     which the State shall not terminate, but may suspend, 
     enrollment under the State plan for medical assistance under 
     title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 
     for an individual who is incarcerated for a period of fewer 
     than 2 years;
       (C) has a process for enrollment in services and benefits 
     necessary by criminal justice agencies to initiate or 
     continue treatment in the community, under which an 
     individual who is incarcerated may, while incarcerated, 
     enroll in services and benefits that are necessary for the 
     individual to continue treatment upon release from 
     incarceration;
       (D) ensures the capability of data sharing with other 
     States, such as by making data available to a prescription 
     monitoring hub;
       (E) ensures that data recorded in the prescription drug 
     monitoring program database of the State is available within 
     24 hours, to the extent possible; and
       (F) ensures that the prescription drug monitoring program 
     of the State notifies prescribers and dispensers of schedule 
     II, III, or IV controlled substances when overuse or misuse 
     of such controlled substances by patients is suspected.
       (c) Authorization of Funding.--For each of fiscal years 
     2016 through 2020, the Attorney General may use, from any 
     unobligated balances made available under the heading 
     ``GENERAL ADMINISTRATION'' to the Department of Justice in an 
     appropriation Act, such amounts as are necessary to carry out 
     this section, not to exceed $5,000,000 per fiscal year.

                        TITLE VII--MISCELLANEOUS

     SEC. 701. GAO REPORT ON IMD EXCLUSION.

       (a) Definition.--In this section, the term ``Medicaid 
     Institutions for Mental Disease exclusion'' means the 
     prohibition on Federal matching payments under Medicaid for 
     patients who have attained age 22, but have not attained age 
     65, in an institution for mental diseases under subparagraph 
     (B) of the matter following subsection (a) of section 1905 of 
     the Social Security Act (42 U.S.C. 1396d) and subsection (i) 
     of such section.
       (b) Report Required.--Not later than 1 year after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on the impact 
     that the Medicaid Institutions for Mental Disease exclusion 
     has on access to treatment for individuals with a substance 
     use disorder.
       (c) Elements.--The report required under subsection (b) 
     shall include a review of what is known regarding--
       (1) Medicaid beneficiary access to substance use disorder 
     treatments in institutions for mental disease; and
       (2) the quality of care provided to Medicaid beneficiaries 
     treated in and outside of institutions for mental disease for 
     substance use disorders.

     SEC. 702. FUNDING.

       Part II of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42

[[Page 2901]]

     U.S.C. 3797cc et seq.), as amended by section 401, is amended 
     by adding at the end the following:

     ``SEC. 2999E. FUNDING.

       ``There are authorized to be appropriated to the Attorney 
     General and the Secretary of Health and Human Services to 
     carry out this part $62,000,000 for each of fiscal years 2016 
     through 2020.''.

     SEC. 703. CONFORMING AMENDMENTS.

       Part II of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797cc et seq.) is amended--
       (1) in the part heading, by striking ``confronting use of 
     methamphetamine'' and inserting ``comprehensive addiction and 
     recovery''; and
       (2) in section 2996(a)(1), by striking ``this part'' and 
     inserting ``this section''.

     SEC. 704. GRANT ACCOUNTABILITY.

       (a) Grants Under Part II of Title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968.--Part II of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3797cc et seq.); as amended by section 702, is amended 
     by adding at the end the following:

     ``SEC. 2999F. GRANT ACCOUNTABILITY.

       ``(a) Definitions.--In this section--
       ``(1) the term `applicable committees'--
       ``(A) with respect to the Attorney General and any other 
     official of the Department of Justice, means--
       ``(i) the Committee on the Judiciary of the Senate; and
       ``(ii) the Committee on the Judiciary of the House of 
     Representatives; and
       ``(B) with respect to the Secretary of Health and Human 
     Services and any other official of the Department of Health 
     and Human Services, means--
       ``(i) the Committee on Health, Education, Labor, and 
     Pensions of the Senate; and
       ``(ii) the Committee on Energy and Commerce of the House of 
     Representatives;
       ``(2) the term `covered agency' means--
       ``(A) the Department of Justice; and
       ``(B) the Department of Health and Human Services; and
       ``(3) the term `covered official' means--
       ``(A) the Attorney General; and
       ``(B) the Secretary of Health and Human Services.
       ``(b) Accountability.--All grants awarded by a covered 
     official under this part shall be subject to the following 
     accountability provisions:
       ``(1) Audit requirement.--
       ``(A) Definition.--In this paragraph, the term `unresolved 
     audit finding' means a finding in the final audit report of 
     the Inspector General of a covered agency that the audited 
     grantee has utilized grant funds for an unauthorized 
     expenditure or otherwise unallowable cost that is not closed 
     or resolved within 12 months after the date on which the 
     final audit report is issued.
       ``(B) Audit.--Beginning in the first fiscal year beginning 
     after the date of enactment of this section, and in each 
     fiscal year thereafter, the Inspector General of a covered 
     agency shall conduct audits of recipients of grants awarded 
     by the applicable covered official under this part to prevent 
     waste, fraud, and abuse of funds by grantees. The Inspector 
     General shall determine the appropriate number of grantees to 
     be audited each year.
       ``(C) Mandatory exclusion.--A recipient of grant funds 
     under this part that is found to have an unresolved audit 
     finding shall not be eligible to receive grant funds under 
     this part during the first 2 fiscal years beginning after the 
     end of the 12-month period described in subparagraph (A).
       ``(D) Priority.--In awarding grants under this part, a 
     covered official shall give priority to eligible applicants 
     that did not have an unresolved audit finding during the 3 
     fiscal years before submitting an application for a grant 
     under this part.
       ``(E) Reimbursement.--If an entity is awarded grant funds 
     under this part during the 2-fiscal-year period during which 
     the entity is barred from receiving grants under subparagraph 
     (C), the covered official that awarded the grant funds 
     shall--
       ``(i) deposit an amount equal to the amount of the grant 
     funds that were improperly awarded to the grantee into the 
     General Fund of the Treasury; and
       ``(ii) seek to recoup the costs of the repayment to the 
     fund from the grant recipient that was erroneously awarded 
     grant funds.
       ``(2) Nonprofit organization requirements.--
       ``(A) Definition.--For purposes of this paragraph and the 
     grant programs under this part, the term `nonprofit 
     organization' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       ``(B) Prohibition.--A covered official may not award a 
     grant under this part to a nonprofit organization that holds 
     money in offshore accounts for the purpose of avoiding paying 
     the tax described in section 511(a) of the Internal Revenue 
     Code of 1986.
       ``(C) Disclosure.--Each nonprofit organization that is 
     awarded a grant under this part and uses the procedures 
     prescribed in regulations to create a rebuttable presumption 
     of reasonableness for the compensation of its officers, 
     directors, trustees, and key employees, shall disclose to the 
     applicable covered official, in the application for the 
     grant, the process for determining such compensation, 
     including the independent persons involved in reviewing and 
     approving such compensation, the comparability data used, and 
     contemporaneous substantiation of the deliberation and 
     decision. Upon request, a covered official shall make the 
     information disclosed under this subparagraph available for 
     public inspection.
       ``(3) Conference expenditures.--
       ``(A) Limitation.--No amounts made available to a covered 
     official under this part may be used by the covered official, 
     or by any individual or entity awarded discretionary funds 
     through a cooperative agreement under this part, to host or 
     support any expenditure for conferences that uses more than 
     $20,000 in funds made available by the covered official, 
     unless the covered official provides prior written 
     authorization that the funds may be expended to host the 
     conference.
       ``(B) Written authorization.--Written authorization under 
     subparagraph (A) shall include a written estimate of all 
     costs associated with the conference, including the cost of 
     all food, beverages, audio-visual equipment, honoraria for 
     speakers, and entertainment.
       ``(C) Report.--
       ``(i) Department of justice.--The Deputy Attorney General 
     shall submit to the applicable committees an annual report on 
     all conference expenditures approved by the Attorney General 
     under this paragraph.
       ``(ii) Department of health and human services.--The Deputy 
     Secretary of Health and Human Services shall submit to the 
     applicable committees an annual report on all conference 
     expenditures approved by the Secretary of Health and Human 
     Services under this paragraph.
       ``(4) Annual certification.--Beginning in the first fiscal 
     year beginning after the date of enactment of this section, 
     each covered official shall submit to the applicable 
     committees an annual certification--
       ``(A) indicating whether--
       ``(i) all audits issued by the Office of the Inspector 
     General of the applicable agency under paragraph (1) have 
     been completed and reviewed by the appropriate Assistant 
     Attorney General or Director, or the appropriate official of 
     the Department of Health and Human Services, as applicable;
       ``(ii) all mandatory exclusions required under paragraph 
     (1)(C) have been issued; and
       ``(iii) all reimbursements required under paragraph (1)(E) 
     have been made; and
       ``(B) that includes a list of any grant recipients excluded 
     under paragraph (1) from the previous year.
       ``(c) Preventing Duplicative Grants.--
       ``(1) In general.--Before a covered official awards a grant 
     to an applicant under this part, the covered official shall 
     compare potential grant awards with other grants awarded 
     under this part by the covered official to determine if 
     duplicate grant awards are awarded for the same purpose.
       ``(2) Report.--If a covered official awards duplicate 
     grants to the same applicant for the same purpose, the 
     covered official shall submit to the applicable committees a 
     report that includes--
       ``(A) a list of all duplicate grants awarded, including the 
     total dollar amount of any duplicate grants awarded; and
       ``(B) the reason the covered official awarded the duplicate 
     grants.''.
       (b) Other Grants.--
       (1) Definitions.--In this subsection--
       (A) the term ``applicable committees''--
       (i) with respect to the Attorney General and any other 
     official of the Department of Justice, means--

       (I) the Committee on the Judiciary of the Senate; and
       (II) the Committee on the Judiciary of the House of 
     Representatives; and

       (ii) with respect to the Secretary of Health and Human 
     Services and any other official of the Department of Health 
     and Human Services, means--

       (I) the Committee on Health, Education, Labor, and Pensions 
     of the Senate; and
       (II) the Committee on Energy and Commerce of the House of 
     Representatives;

       (B) the term ``covered agency'' means--
       (i) the Department of Justice; and
       (ii) the Department of Health and Human Services;
       (C) the term ``covered grant'' means a grant under section 
     201, 302, or 601 of this Act or section 508 of the Public 
     Health Service Act (42 U.S.C. 290bb-1) (as amended by section 
     501 of this Act); and
       (D) the term ``covered official'' means--
       (i) the Attorney General; and
       (ii) the Secretary of Health and Human Services.
       (2) Accountability.--All covered grants awarded by a 
     covered official shall be subject to the following 
     accountability provisions:
       (A) Audit requirement.--
       (i) Definition.--In this subparagraph, the term 
     ``unresolved audit finding'' means a finding in the final 
     audit report of the Inspector General of a covered agency 
     that the audited grantee has utilized grant funds for an 
     unauthorized expenditure or otherwise unallowable cost that 
     is not closed or resolved within 12 months after the date on 
     which the final audit report is issued.
       (ii) Audit.--Beginning in the first fiscal year beginning 
     after the date of enactment

[[Page 2902]]

     of this Act, and in each fiscal year thereafter, the 
     Inspector General of a covered agency shall conduct audits of 
     recipients of covered grants awarded by the applicable 
     covered official to prevent waste, fraud, and abuse of funds 
     by grantees. The Inspector General shall determine the 
     appropriate number of grantees to be audited each year.
       (iii) Mandatory exclusion.--A recipient of covered grant 
     funds that is found to have an unresolved audit finding shall 
     not be eligible to receive covered grant funds during the 
     first 2 fiscal years beginning after the end of the 12-month 
     period described in clause (i).
       (iv) Priority.--In awarding covered grants, a covered 
     official shall give priority to eligible applicants that did 
     not have an unresolved audit finding during the 3 fiscal 
     years before submitting an application for a covered grant.
       (v) Reimbursement.--If an entity is awarded covered grant 
     funds during the 2-fiscal-year period during which the entity 
     is barred from receiving grants under clause (iii), the 
     covered official that awarded the funds shall--

       (I) deposit an amount equal to the amount of the grant 
     funds that were improperly awarded to the grantee into the 
     General Fund of the Treasury; and
       (II) seek to recoup the costs of the repayment to the fund 
     from the grant recipient that was erroneously awarded grant 
     funds.

       (B) Nonprofit organization requirements.--
       (i) Definition.--For purposes of this subparagraph and the 
     covered grant programs, the term ``nonprofit organization'' 
     means an organization that is described in section 501(c)(3) 
     of the Internal Revenue Code of 1986 and is exempt from 
     taxation under section 501(a) of such Code.
       (ii) Prohibition.--A covered official may not award a 
     covered grant to a nonprofit organization that holds money in 
     offshore accounts for the purpose of avoiding paying the tax 
     described in section 511(a) of the Internal Revenue Code of 
     1986.
       (iii) Disclosure.--Each nonprofit organization that is 
     awarded a covered grant and uses the procedures prescribed in 
     regulations to create a rebuttable presumption of 
     reasonableness for the compensation of its officers, 
     directors, trustees, and key employees, shall disclose to the 
     applicable covered official, in the application for the 
     grant, the process for determining such compensation, 
     including the independent persons involved in reviewing and 
     approving such compensation, the comparability data used, and 
     contemporaneous substantiation of the deliberation and 
     decision. Upon request, a covered official shall make the 
     information disclosed under this clause available for public 
     inspection.
       (C) Conference expenditures.--
       (i) Limitation.--No amounts made available to a covered 
     official under a covered grant program may be used by the 
     covered official, or by any individual or entity awarded 
     discretionary funds through a cooperative agreement under a 
     covered grant program, to host or support any expenditure for 
     conferences that uses more than $20,000 in funds made 
     available by the covered official, unless the covered 
     official provides prior written authorization that the funds 
     may be expended to host the conference.
       (ii) Written authorization.--Written authorization under 
     clause (i) shall include a written estimate of all costs 
     associated with the conference, including the cost of all 
     food, beverages, audio-visual equipment, honoraria for 
     speakers, and entertainment.
       (iii) Report.--

       (I) Department of justice.--The Deputy Attorney General 
     shall submit to the applicable committees an annual report on 
     all conference expenditures approved by the Attorney General 
     under this subparagraph.
       (II) Department of health and human services.--The Deputy 
     Secretary of Health and Human Services shall submit to the 
     applicable committees an annual report on all conference 
     expenditures approved by the Secretary of Health and Human 
     Services under this subparagraph.

       (D) Annual certification.--Beginning in the first fiscal 
     year beginning after the date of enactment of this Act, each 
     covered official shall submit to the applicable committees an 
     annual certification--
       (i) indicating whether--

       (I) all audits issued by the Office of the Inspector 
     General of the applicable agency under subparagraph (A) have 
     been completed and reviewed by the appropriate Assistant 
     Attorney General or Director, or the appropriate official of 
     the Department of Health and Human Services, as applicable;
       (II) all mandatory exclusions required under subparagraph 
     (A)(iii) have been issued; and
       (III) all reimbursements required under subparagraph (A)(v) 
     have been made; and

       (ii) that includes a list of any grant recipients excluded 
     under subparagraph (A) from the previous year.
       (3) Preventing duplicative grants.--
       (A) In general.--Before a covered official awards a covered 
     grant to an applicant, the covered official shall compare 
     potential grant awards with other covered grants awarded by 
     the covered official to determine if duplicate grant awards 
     are awarded for the same purpose.
       (B) Report.--If a covered official awards duplicate grants 
     to the same applicant for the same purpose, the covered 
     official shall submit to the applicable committees a report 
     that includes--
       (i) a list of all duplicate grants awarded, including the 
     total dollar amount of any duplicate grants awarded; and
       (ii) the reason the covered official awarded the duplicate 
     grants.

     SEC. 705. PROGRAMS TO PREVENT PRESCRIPTION DRUG ABUSE UNDER 
                   THE MEDICARE PROGRAM.

       (a) Drug Management Program for At-Risk Beneficiaries.--
       (1) In general.--Section 1860D-4(c) of the Social Security 
     Act (42 U.S.C. 1395w-104(c)) is amended by adding at the end 
     the following:
       ``(5) Drug management program for at-risk beneficiaries.--
       ``(A) Authority to establish.--A PDP sponsor may establish 
     a drug management program for at-risk beneficiaries under 
     which, subject to subparagraph (B), the PDP sponsor may, in 
     the case of an at-risk beneficiary for prescription drug 
     abuse who is an enrollee in a prescription drug plan of such 
     PDP sponsor, limit such beneficiary's access to coverage for 
     frequently abused drugs under such plan to frequently abused 
     drugs that are prescribed for such beneficiary by a 
     prescriber (or prescribers) selected under subparagraph (D), 
     and dispensed for such beneficiary by a pharmacy (or 
     pharmacies) selected under such subparagraph.
       ``(B) Requirement for notices.--
       ``(i) In general.--A PDP sponsor may not limit the access 
     of an at-risk beneficiary for prescription drug abuse to 
     coverage for frequently abused drugs under a prescription 
     drug plan until such sponsor--

       ``(I) provides to the beneficiary an initial notice 
     described in clause (ii) and a second notice described in 
     clause (iii); and
       ``(II) verifies with the providers of the beneficiary that 
     the beneficiary is an at-risk beneficiary for prescription 
     drug abuse, as described in subparagraph (C)(iv).

       ``(ii) Initial notice.--An initial written notice described 
     in this clause is a notice that provides to the beneficiary--

       ``(I) notice that the PDP sponsor has identified the 
     beneficiary as potentially being an at-risk beneficiary for 
     prescription drug abuse;
       ``(II) information, when possible, describing State and 
     Federal public health resources that are designed to address 
     prescription drug abuse to which the beneficiary may have 
     access, including substance use disorder treatment services, 
     addiction treatment services, mental health services, and 
     other counseling services;
       ``(III) a request for the beneficiary to submit to the PDP 
     sponsor preferences for which prescribers and pharmacies the 
     beneficiary would prefer the PDP sponsor to select under 
     subparagraph (D) in the case that the beneficiary is 
     identified as an at-risk beneficiary for prescription drug 
     abuse as described in clause (iii)(I);
       ``(IV) an explanation of the meaning and consequences of 
     the identification of the beneficiary as potentially being an 
     at-risk beneficiary for prescription drug abuse, including an 
     explanation of the drug management program established by the 
     PDP sponsor pursuant to subparagraph (A);
       ``(V) clear instructions that explain how the beneficiary 
     can contact the PDP sponsor in order to submit to the PDP 
     sponsor the preferences described in subclause (IV) and any 
     other communications relating to the drug management program 
     for at-risk beneficiaries established by the PDP sponsor;
       ``(VI) contact information for other organizations that can 
     provide the beneficiary with information regarding drug 
     management program for at-risk beneficiaries (similar to the 
     information provided by the Secretary in other standardized 
     notices to part D eligible individuals enrolled in 
     prescription drug plans under this part); and
       ``(VII) notice that the beneficiary has a right to an 
     appeal pursuant to subparagraph (E).

       ``(iii) Second notice.--A second written notice described 
     in this clause is a notice that provides to the beneficiary 
     notice--

       ``(I) that the PDP sponsor has identified the beneficiary 
     as an at-risk beneficiary for prescription drug abuse;
       ``(II) that such beneficiary has been sent, or informed of, 
     such identification in the initial notice and is now subject 
     to the requirements of the drug management program for at-
     risk beneficiaries established by such PDP sponsor for such 
     plan;
       ``(III) of the prescriber and pharmacy selected for such 
     individual under subparagraph (D);
       ``(IV) of, and information about, the right of the 
     beneficiary to a reconsideration and an appeal under 
     subsection (h) of such identification and the prescribers and 
     pharmacies selected;
       ``(V) that the beneficiary can, in the case that the 
     beneficiary has not previously submitted to the PDP sponsor 
     preferences for which prescribers and pharmacies the 
     beneficiary would prefer the PDP sponsor select under 
     subparagraph (D), submit such preferences to the PDP sponsor; 
     and
       ``(VI) that includes clear instructions that explain how 
     the beneficiary can contact the PDP sponsor in order to 
     submit to the PDP sponsor the preferences described in 
     subclause (V).

[[Page 2903]]

       ``(iv) Timing of notices.--

       ``(I) In general.--Subject to subclause (II), a second 
     written notice described in clause (iii) shall be provided to 
     the beneficiary on a date that is not less than 30 days after 
     an initial notice described in clause (ii) is provided to the 
     beneficiary.
       ``(II) Exception.--In the case that the PDP sponsor, in 
     conjunction with the Secretary, determines that concerns 
     identified through rulemaking by the Secretary regarding the 
     health or safety of the beneficiary or regarding significant 
     drug diversion activities require the PDP sponsor to provide 
     a second notice described in clause (iii) to the beneficiary 
     on a date that is earlier than the date described in 
     subclause (II), the PDP sponsor may provide such second 
     notice on such earlier date.
       ``(III) Form of notice.--The written notices under clauses 
     (ii) and (iii) shall be in a format determined appropriate by 
     the Secretary, taking into account beneficiary preferences.

       ``(C) At-risk beneficiary for prescription drug abuse.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `at-risk beneficiary for prescription drug abuse' means a 
     part D eligible individual who is not an exempted individual 
     described in clause (ii) and--

       ``(I) who is identified through criteria developed by the 
     Secretary in consultation with PDP sponsors and other 
     stakeholders described in subsection section __(g)(2)(A) of 
     the Comprehensive Addiction and Recovery Act of 2016 based on 
     clinical factors indicating misuse or abuse of prescription 
     drugs described in subparagraph (G), including dosage, 
     quantity, duration of use, number of and reasonable access to 
     prescribers, and number of and reasonable access to 
     pharmacies used to obtain such drug; or
       ``(II) with respect to whom the PDP sponsor of a 
     prescription drug plan, upon enrolling such individual in 
     such plan, received notice from the Secretary that such 
     individual was identified under this paragraph to be an at-
     risk beneficiary for prescription drug abuse under a 
     prescription drug plan in which such individual was 
     previously enrolled and such identification has not been 
     terminated under subparagraph (F).

       ``(ii) Exempted individual described.--An exempted 
     individual described in this clause is an individual who--

       ``(I) receives hospice care under this title;
       ``(II) resides in a long-term care facility, a facility 
     described in section 1905(d), or other facility under 
     contract with a single pharmacy; or
       ``(III) the Secretary elects to treat as an exempted 
     individual for purposes of clause (i).

       ``(iii) Program size.--The Secretary shall establish 
     policies, including the criteria developed under clause 
     (i)(I) and the exemptions under clause (ii)(III), to ensure 
     that the population of enrollees in a drug management program 
     for at-risk beneficiaries operated by a prescription drug 
     plan can be effectively managed by such plans.
       ``(iv) Clinical contact.--With respect to each at-risk 
     beneficiary for prescription drug abuse enrolled in a 
     prescription drug plan offered by a PDP sponsor, the PDP 
     sponsor shall contact the beneficiary's providers who have 
     prescribed frequently abused drugs regarding whether 
     prescribed medications are appropriate for such beneficiary's 
     medical conditions.
       ``(D) Selection of prescribers.--
       ``(i) In general.--With respect to each at-risk beneficiary 
     for prescription drug abuse enrolled in a prescription drug 
     plan offered by such sponsor, a PDP sponsor shall, based on 
     the preferences submitted to the PDP sponsor by the 
     beneficiary pursuant to clauses (ii)(III) and (iii)(V) of 
     subparagraph (B) if applicable, select--

       ``(I) one, or, if the PDP sponsor reasonably determines it 
     necessary to provide the beneficiary with reasonable access 
     under clause (ii), more than one, individual who is 
     authorized to prescribe frequently abused drugs (referred to 
     in this paragraph as a `prescriber') who may write 
     prescriptions for such drugs for such beneficiary; and
       ``(II) one, or, if the PDP sponsor reasonably determines it 
     necessary to provide the beneficiary with reasonable access 
     under clause (ii), more than one, pharmacy that may dispense 
     such drugs to such beneficiary.

       ``(ii) Reasonable access.--In making the selection under 
     this subparagraph, a PDP sponsor shall ensure, taking into 
     account geographic location, beneficiary preference, impact 
     on cost-sharing, and reasonable travel time, that the 
     beneficiary continues to have reasonable access to drugs 
     described in subparagraph (G), including--

       ``(I) for individuals with multiple residences; and
       ``(II) in the case of natural disasters and similar 
     emergency situations.

       ``(iii) Beneficiary preferences.--

       ``(I) In general.--If an at-risk beneficiary for 
     prescription drug abuse submits preferences for which in-
     network prescribers and pharmacies the beneficiary would 
     prefer the PDP sponsor select in response to a notice under 
     subparagraph (B), the PDP sponsor shall--

       ``(aa) review such preferences;
       ``(bb) select or change the selection of a prescriber or 
     pharmacy for the beneficiary based on such preferences; and
       ``(cc) inform the beneficiary of such selection or change 
     of selection.

       ``(II) Exception.--In the case that the PDP sponsor 
     determines that a change to the selection of a prescriber or 
     pharmacy under item (bb) by the PDP sponsor is contributing 
     or would contribute to prescription drug abuse or drug 
     diversion by the beneficiary, the PDP sponsor may change the 
     selection of a prescriber or pharmacy for the beneficiary. If 
     the PDP sponsor changes the selection pursuant to the 
     preceding sentence, the PDP sponsor shall provide the 
     beneficiary with--

       ``(aa) at least 30 days written notice of the change of 
     selection; and
       ``(bb) a rationale for the change.

       ``(III) Timing.--An at-risk beneficiary for prescription 
     drug abuse may choose to express their prescriber and 
     pharmacy preference and communicate such preference to their 
     PDP sponsor at any date while enrolled in the program, 
     including after a second notice under subparagraph (B)(iii) 
     has been provided.

       ``(iv) Confirmation.--Before selecting a prescriber or 
     pharmacy under this subparagraph, a PDP sponsor must notify 
     the prescriber and pharmacy that the beneficiary involved has 
     been identified for inclusion in the drug management program 
     for at-risk beneficiaries and that the prescriber and 
     pharmacy has been selected as the beneficiary's designated 
     prescriber and pharmacy.
       ``(E) Appeals.--The identification of an individual as an 
     at-risk beneficiary for prescription drug abuse under this 
     paragraph, a coverage determination made under a drug 
     management program for at-risk beneficiaries, and the 
     selection of a prescriber or pharmacy under subparagraph (D) 
     with respect to such individual shall be subject to an 
     expedited reconsideration and appeal pursuant to subsection 
     (h).
       ``(F) Termination of identification.--
       ``(i) In general.--The Secretary shall develop standards 
     for the termination of identification of an individual as an 
     at-risk beneficiary for prescription drug abuse under this 
     paragraph. Under such standards such identification shall 
     terminate as of the earlier of--

       ``(I) the date the individual demonstrates that the 
     individual is no longer likely, in the absence of the 
     restrictions under this paragraph, to be an at-risk 
     beneficiary for prescription drug abuse described in 
     subparagraph (C)(i); or
       ``(II) the end of such maximum period of identification as 
     the Secretary may specify.

       ``(ii) Rule of construction.--Nothing in clause (i) shall 
     be construed as preventing a plan from identifying an 
     individual as an at-risk beneficiary for prescription drug 
     abuse under subparagraph (C)(i) after such termination on the 
     basis of additional information on drug use occurring after 
     the date of notice of such termination.
       ``(G) Frequently abused drug.--For purposes of this 
     subsection, the term `frequently abused drug' means a drug 
     that is determined by the Secretary to be frequently abused 
     or diverted and that is--
       ``(i) a Controlled Drug Substance in Schedule CII; or
       ``(ii) within the same class or category of drugs as a 
     Controlled Drug Substance in Schedule CII, as determined 
     through notice and comment rulemaking.
       ``(H) Data disclosure.--
       ``(i) Data on decision to impose limitation.--In the case 
     of an at-risk beneficiary for prescription drug abuse (or an 
     individual who is a potentially at-risk beneficiary for 
     prescription drug abuse) whose access to coverage for 
     frequently abused drugs under a prescription drug plan has 
     been limited by a PDP sponsor under this paragraph, the 
     Secretary shall establish rules and procedures to require 
     such PDP sponsor to disclose data, including necessary 
     individually identifiable health information, about the 
     decision to impose such limitations and the limitations 
     imposed by the PDP sponsor under this part.
       ``(ii) Data to reduce fraud, abuse, and waste.--The 
     Secretary shall establish rules and procedures to require PDP 
     sponsors operating a drug management program for at-risk 
     beneficiaries under this paragraph to provide the Secretary 
     with such data as the Secretary determines appropriate for 
     purposes of identifying patterns of prescription drug 
     utilization for plan enrollees that are outside normal 
     patterns and that may indicate fraudulent, medically 
     unnecessary, or unsafe use.
       ``(I) Sharing of information for subsequent plan 
     enrollments.--The Secretary shall establish procedures under 
     which PDP sponsors who offer prescription drug plans shall 
     share information with respect to individuals who are at-risk 
     beneficiaries for prescription drug abuse (or individuals who 
     are potentially at-risk beneficiaries for prescription drug 
     abuse) and enrolled in a prescription drug plan and who 
     subsequently disenroll from such plan and enroll in another 
     prescription drug plan offered by another PDP sponsor.
       ``(J) Privacy issues.--Prior to the implementation of the 
     rules and procedures under this paragraph, the Secretary 
     shall clarify privacy requirements, including requirements 
     under the regulations promulgated pursuant to section 264(c) 
     of the Health Insurance Portability and Accountability Act

[[Page 2904]]

     of 1996 (42 U.S.C. 1320d-2 note), related to the sharing of 
     data under subparagraphs (H) and (I) by PDP sponsors. Such 
     clarification shall provide that the sharing of such data 
     shall be considered to be protected health information in 
     accordance with the requirements of the regulations 
     promulgated pursuant to such section 264(c).
       ``(K) Education.--The Secretary shall provide education to 
     enrollees in prescription drug plans of PDP sponsors and 
     providers regarding the drug management program for at-risk 
     beneficiaries described in this paragraph, including 
     education--
       ``(i) provided through the improper payment outreach and 
     education program described in section 1874A(h); and
       ``(ii) through current education efforts (such as State 
     health insurance assistance programs described in subsection 
     (a)(1)(A) of section 119 of the Medicare Improvements for 
     Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note)) 
     and materials directed toward such enrollees.
       ``(L) CMS compliance review.--The Secretary shall ensure 
     that existing plan sponsor compliance reviews and audit 
     processes include the drug management programs for at-risk 
     beneficiaries under this paragraph, including appeals 
     processes under such programs.''.
       (2) Information for consumers.--Section 1860D-4(a)(1)(B) of 
     the Social Security Act (42 U.S.C. 1395w-104(a)(1)(B)) is 
     amended by adding at the end the following:
       ``(v) The drug management program for at-risk beneficiaries 
     under subsection (c)(5).''.
       (3) Dual eligibles.--Section 1860D-1(b)(3)(D) of the Social 
     Security Act (42 U.S.C. 1395w-101(b)(3)(D)) is amended by 
     inserting ``, subject to such limits as the Secretary may 
     establish for individuals identified pursuant to section 
     1860D-4(c)(5)'' after ``the Secretary''.
       (b) Utilization Management Programs.--Section 1860D-4(c) of 
     the Social Security Act (42 U.S.C. 1395w-104(c)), as amended 
     by subsection (a)(1), is amended--
       (1) in paragraph (1), by inserting after subparagraph (D) 
     the following new subparagraph:
       ``(E) A utilization management tool to prevent drug abuse 
     (as described in paragraph (5)(A)).''; and
       (2) by adding at the end the following new paragraph:
       ``(6) Utilization management tool to prevent drug abuse.--
       ``(A) In general.--A tool described in this paragraph is 
     any of the following:
       ``(i) A utilization tool designed to prevent the abuse of 
     frequently abused drugs by individuals and to prevent the 
     diversion of such drugs at pharmacies.
       ``(ii) Retrospective utilization review to identify--

       ``(I) individuals that receive frequently abused drugs at a 
     frequency or in amounts that are not clinically appropriate; 
     and
       ``(II) providers of services or suppliers that may 
     facilitate the abuse or diversion of frequently abused drugs 
     by beneficiaries.

       ``(iii) Consultation with the contractor described in 
     subparagraph (B) to verify if an individual enrolling in a 
     prescription drug plan offered by a PDP sponsor has been 
     previously identified by another PDP sponsor as an individual 
     described in clause (ii)(I).
       ``(B) Reporting.--A PDP sponsor offering a prescription 
     drug plan in a State shall submit to the Secretary and the 
     Medicare drug integrity contractor with which the Secretary 
     has entered into a contract under section 1893 with respect 
     to such State a report, on a monthly basis, containing 
     information on--
       ``(i) any provider of services or supplier described in 
     subparagraph (A)(ii)(II) that is identified by such plan 
     sponsor during the 30-day period before such report is 
     submitted; and
       ``(ii) the name and prescription records of individuals 
     described in paragraph (5)(C).
       ``(C) CMS compliance review.--The Secretary shall ensure 
     that plan sponsor annual compliance reviews and program 
     audits include a certification that utilization management 
     tools under this paragraph are in compliance with the 
     requirements for such tools.''.
       (c) Treatment of Certain Complaints for Purposes of Quality 
     or Performance Assessment.--Section 1860D-42 of the Social 
     Security Act (42 U.S.C. 1395w-152) is amended by adding at 
     the end the following new subsection:
       ``(d) Treatment of Certain Complaints for Purposes of 
     Quality or Performance Assessment.--In conducting a quality 
     or performance assessment of a PDP sponsor, the Secretary 
     shall develop or utilize existing screening methods for 
     reviewing and considering complaints that are received from 
     enrollees in a prescription drug plan offered by such PDP 
     sponsor and that are complaints regarding the lack of access 
     by the individual to prescription drugs due to a drug 
     management program for at-risk beneficiaries.''.
       (d) Sense of Congress Regarding Use of Technology Tools To 
     Combat Fraud.--It is the sense of Congress that MA 
     organizations and PDP sponsors should consider using e-
     prescribing and other health information technology tools to 
     support combating fraud under MA-PD plans and prescription 
     drug plans under parts C and D of the Medicare Program.
       (e) GAO Study and Report.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study on the implementation of the amendments 
     made by this section, including the effectiveness of the at-
     risk beneficiaries for prescription drug abuse drug 
     management programs authorized by section 1860D-4(c)(5) of 
     the Social Security Act (42 U.S.C. 1395w-10(c)(5)), as added 
     by subsection (a)(1). Such study shall include an analysis 
     of--
       (A) the impediments, if any, that impair the ability of 
     individuals described in subparagraph (C) of such section 
     1860D-4(c)(5) to access clinically appropriate levels of 
     prescription drugs;
       (B) the effectiveness of the reasonable access protections 
     under subparagraph (D)(ii) of such section 1860D-4(c)(5), 
     including the impact on beneficiary access and health;
       (C) how best to define the term ``designated pharmacy'', 
     including whether the definition of such term should include 
     an entity that is comprised of a number of locations that are 
     under common ownership and that electronically share a real-
     time, online database and whether such a definition would 
     help to protect and improve beneficiary access;
       (D) the types of--
       (i) individuals who, in the implementation of such section, 
     are determined to be individuals described in such 
     subparagraph; and
       (ii) prescribers and pharmacies that are selected under 
     subparagraph (D) of such section;
       (E) the extent of prescription drug abuse beyond Controlled 
     Drug Substances in Schedule CII in parts C and D of the 
     Medicare program; and
       (F) other areas determined appropriate by the Comptroller 
     General.
       (2) Report.--Not later than July 1, 2019, the Comptroller 
     General of the United States shall submit to the appropriate 
     committees of jurisdiction of Congress a report on the study 
     conducted under paragraph (1), together with recommendations 
     for such legislation and administrative action as the 
     Comptroller General determines to be appropriate.
       (f) Report by Secretary.--
       (1) In general.--Not later than 12 months after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall submit to the appropriate committees of 
     jurisdiction of Congress a report on ways to improve upon the 
     appeals process for Medicare beneficiaries with respect to 
     prescription drug coverage under part D of title XVIII of the 
     Social Security Act. Such report shall include an analysis 
     comparing appeals processes under parts C and D of such title 
     XVIII.
       (2) Feedback.--In development of the report described in 
     paragraph (1), the Secretary of Health and Human Services 
     shall solicit feedback on the current appeals process from 
     stakeholders, such as beneficiaries, consumer advocates, plan 
     sponsors, pharmacy benefit managers, pharmacists, providers, 
     independent review entity evaluators, and pharmaceutical 
     manufacturers.
       (g) Effective Date.--
       (1) In general.--Except as provided in subsection (d)(2), 
     the amendments made by this section shall apply to 
     prescription drug plans for plan years beginning on or after 
     January 1, 2018.
       (2) Stakeholder meetings prior to effective date.--
       (A) In general.--Not later than January 1, 2017, the 
     Secretary of Health and Human Services shall convene 
     stakeholders, including individuals entitled to benefits 
     under part A of title XVIII of the Social Security Act or 
     enrolled under part B of such title of such Act, advocacy 
     groups representing such individuals, clinicians, plan 
     sponsors, pharmacists, retail pharmacies, entities delegated 
     by plan sponsors, and biopharmaceutical manufacturers for 
     input regarding the topics described in subparagraph (B). The 
     input described in the preceding sentence shall be provided 
     to the Secretary in sufficient time in order for the 
     Secretary to take such input into account in promulgating the 
     regulations pursuant to subparagraph (C).
       (B) Topics described.--The topics described in this 
     subparagraph are the topics of--
       (i) the impact on cost-sharing and ensuring accessibility 
     to prescription drugs for enrollees in prescription drug 
     plans of PDP sponsors who are at-risk beneficiaries for 
     prescription drug abuse (as defined in paragraph (5)(C) of 
     section 1860D-4(c) of the Social Security Act (42 U.S.C. 
     1395w-10(c)));
       (ii) the use of an expedited appeals process under which 
     such an enrollee may appeal an identification of such 
     enrollee as an at-risk beneficiary for prescription drug 
     abuse under such paragraph (similar to the processes 
     established under the Medicare Advantage program under part C 
     of title XVIII of the Social Security Act);
       (iii) the types of enrollees that should be treated as 
     exempted individuals, as described in clause (ii) of such 
     paragraph;
       (iv) the manner in which terms and definitions in paragraph 
     (5) of such section 1860D-4(c) should be applied, such as the 
     use of clinical appropriateness in determining whether

[[Page 2905]]

     an enrollee is an at-risk beneficiary for prescription drug 
     abuse as defined in subparagraph (C) of such paragraph (5);
       (v) the information to be included in the notices described 
     in subparagraph (B) of such section and the standardization 
     of such notices;
       (vi) with respect to a PDP sponsor that establishes a drug 
     management program for at-risk beneficiaries under such 
     paragraph (5), the responsibilities of such PDP sponsor with 
     respect to the implementation of such program;
       (vii) notices for plan enrollees at the point of sale that 
     would explain why an at-risk beneficiary has been prohibited 
     from receiving a prescription at a location outside of the 
     designated pharmacy;
       (viii) evidence-based prescribing guidelines for opiates; 
     and
       (ix) the sharing of claims data under parts A and B with 
     PDP sponsors.
       (C) Rulemaking.--The Secretary of Health and Human Services 
     shall, taking into account the input gathered pursuant to 
     subparagraph (A) and after providing notice and an 
     opportunity to comment, promulgate regulations to carry out 
     the provisions of, and amendments made by subsections (a) and 
     (b).

             TITLE VIII--TRANSNATIONAL DRUG TRAFFICKING ACT

     SEC. 801. SHORT TITLE.

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

     SEC. 802. POSSESSION, MANUFACTURE OR DISTRIBUTION FOR 
                   PURPOSES OF UNLAWFUL IMPORTATIONS.

       Section 1009 of the Controlled Substances Import and Export 
     Act (21 U.S.C. 959) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) in subsection (a), by striking ``It shall'' and all 
     that follows and inserting the following: ``It shall be 
     unlawful for any person to manufacture or distribute a 
     controlled substance in schedule I or II or flunitrazepam or 
     a listed chemical intending, knowing, or having reasonable 
     cause to believe that such substance or chemical will be 
     unlawfully imported into the United States or into waters 
     within a distance of 12 miles of the coast of the United 
     States.
       ``(b) It shall be unlawful for any person to manufacture or 
     distribute a listed chemical--
       ``(1) intending or knowing that the listed chemical will be 
     used to manufacture a controlled substance; and
       ``(2) intending, knowing, or having reasonable cause to 
     believe that the controlled substance will be unlawfully 
     imported into the United States.''.

     SEC. 803. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.

       Chapter 113 of title 18, United States Code, is amended--
       (1) in section 2318(b)(2), by striking ``section 2320(e)'' 
     and inserting ``section 2320(f)''; and
       (2) in section 2320--
       (A) in subsection (a), by striking paragraph (4) and 
     inserting the following:
       ``(4) traffics in a drug and knowingly uses a counterfeit 
     mark on or in connection with such drug,'';
       (B) in subsection (b)(3), in the matter preceding 
     subparagraph (A), by striking ``counterfeit drug'' and 
     inserting ``drug that uses a counterfeit mark on or in 
     connection with the drug''; and
       (C) in subsection (f), by striking paragraph (6) and 
     inserting the following:
       ``(6) the term `drug' means a drug, as defined in section 
     201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     321).''.

  The PRESIDING OFFICER. The majority leader.

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