[114th Congress Public Law 198]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 695]]

Public Law 114-198
114th Congress

                                 An Act


 
  To authorize the Attorney General and Secretary of Health and Human 
 Services to award grants to address the prescription opioid abuse and 
heroin use crisis, and for other purposes. <<NOTE: July 22, 2016 -  [S. 
                                 524]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Comprehensive 
Addiction and Recovery Act of 2016. 42 USC 201 note.>> 
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.

                    TITLE I--PREVENTION AND EDUCATION

Sec. 101. Task force on pain management.
Sec. 102. Awareness campaigns.
Sec. 103. Community-based coalition enhancement grants to address local 
           drug crises.
Sec. 104. Information materials and resources to prevent addiction 
           related to youth sports injuries.
Sec. 105. Assisting veterans with military emergency medical training to 
           meet requirement for becoming civilian health care 
           professionals.
Sec. 106. FDA opioid action plan.
Sec. 107. Improving access to overdose treatment.
Sec. 108. NIH opioid research.
Sec. 109. National All Schedules Prescription Electronic Reporting 
           Reauthorization.
Sec. 110. Opioid overdose reversal medication access and education grant 
           programs.

                 TITLE II--LAW ENFORCEMENT AND TREATMENT

Sec. 201. Comprehensive Opioid Abuse Grant Program.
Sec. 202. First responder training.
Sec. 203. Prescription drug take back expansion.

                    TITLE III--TREATMENT AND RECOVERY

Sec. 301. Evidence-based prescription opioid and heroin treatment and 
           interventions demonstration.
Sec. 302. Building communities of recovery.
Sec. 303. Medication-assisted treatment for recovery from addiction.

              TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES

Sec. 401. GAO report 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. Veterans treatment courts.
Sec. 503. Infant plan of safe care.
Sec. 504. GAO report on neonatal abstinence syndrome (NAS).

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

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

                        TITLE VII--MISCELLANEOUS

Sec. 701. Grant accountability and evaluations.
Sec. 702. Partial fills of schedule II controlled substances.
Sec. 703. Good samaritan assessment.
Sec. 704. Programs to prevent prescription drug abuse under Medicare 
           parts C and D.
Sec. 705. Excluding abuse-deterrent formulations of prescription drugs 
           from the Medicaid additional rebate requirement for new 
           formulations of prescription drugs.
Sec. 706. Limiting disclosure of predictive modeling and other analytics 
           technologies to identify and prevent waste, fraud, and abuse.
Sec. 707. Medicaid Improvement Fund.
Sec. 708. Sense of the Congress regarding treatment of substance abuse 
           epidemics.

               TITLE VIII--KINGPIN DESIGNATION IMPROVEMENT

Sec. 801. Protection of classified information in Federal court 
           challenges relating to designations under the Narcotics 
           Kingpin Designation Act.

                TITLE IX--DEPARTMENT OF VETERANS AFFAIRS

Sec. 901. Short title.
Sec. 902. Definitions.

             Subtitle A--Opioid Therapy and Pain Management

Sec. 911. Improvement of opioid safety measures by Department of 
           Veterans Affairs.
Sec. 912. Strengthening of joint working group on pain management of the 
           Department of Veterans Affairs and the Department of Defense.
Sec. 913. Review, investigation, and report on use of opioids in 
           treatment by Department of Veterans Affairs.
Sec. 914. Mandatory disclosure of certain veteran information to State 
           controlled substance monitoring programs.
Sec. 915. Elimination of copayment requirement for veterans receiving 
           opioid antagonists or education on use of opioid antagonists.

                      Subtitle B--Patient Advocacy

Sec. 921. Community meetings on improving care furnished by Department 
           of Veterans Affairs.
Sec. 922. Improvement of awareness of patient advocacy program and 
           patient bill of rights of Department of Veterans Affairs.
Sec. 923. Comptroller General report on patient advocacy program of 
           Department of Veterans Affairs.
Sec. 924. Establishment of Office of Patient Advocacy of the Department 
           of Veterans Affairs.

            Subtitle C--Complementary and Integrative Health

Sec. 931. Expansion of research and education on and delivery of 
           complementary and integrative health to veterans.
Sec. 932. Expansion of research and education on and delivery of 
           complementary and integrative health to veterans.
Sec. 933. Pilot program on integration of complementary and integrative 
           health and related issues for veterans and family members of 
           veterans.

              Subtitle D--Fitness of Health Care Providers

Sec. 941. Additional requirements for hiring of health care providers by 
           Department of Veterans Affairs.
Sec. 942. Provision of information on health care providers of 
           Department of Veterans Affairs to State medical boards.
Sec. 943. Report on compliance by Department of Veterans Affairs with 
           reviews of health care providers leaving the Department or 
           transferring to other facilities.

                        Subtitle E--Other Matters

Sec. 951. Modification to limitation on awards and bonuses.

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                    TITLE I--PREVENTION AND EDUCATION

SEC. 101. <<NOTE: Establishment.>>  TASK FORCE ON PAIN MANAGEMENT.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (2) Task force.--The term ``task force'' means the Pain 
        Management Best Practices Inter-Agency Task Force convened under 
        subsection (b).

    (b) Inter-Agency Task Force.--Not later than 2 years after the date 
of enactment of this Act, the Secretary, in cooperation with the 
Secretary of Veterans Affairs and the Secretary of Defense, shall 
convene a Pain Management Best Practices Inter-Agency Task Force.
    (c) Membership.--The task force shall be comprised of--
            (1) representatives of--
                    (A) the Department of Health and Human Services and 
                relevant agencies within the Department of Health and 
                Human Services;
                    (B) the Department of Veterans Affairs;
                    (C) the Department of Defense; and
                    (D) the Office of National Drug Control Policy;
            (2) currently licensed and practicing physicians, dentists, 
        and nonphysician prescribers;
            (3) currently licensed and practicing pharmacists and 
        pharmacies;
            (4) experts in the fields of pain research and addiction 
        research, including adolescent and young adult addiction 
        research;
            (5) representatives of--
                    (A) pain management professional organizations;
                    (B) the mental health treatment community;
                    (C) the addiction treatment community, including 
                individuals in recovery from substance use disorder;
                    (D) pain advocacy groups, including patients;
                    (E) veteran service organizations;
                    (F) groups with expertise on overdose reversal, 
                including first responders;
                    (G) State medical boards; and
                    (H) hospitals;
            (6) experts on the health of, and prescription opioid use 
        disorders in, members of the Armed Forces and veterans; and
            (7) experts in the field of minority health.

    (d) Representation.--The Secretary shall ensure that the membership 
of the task force includes individuals representing rural and 
underserved areas.
    (e) Duties.--The task force shall--
            (1) identify, review, and, as appropriate, determine whether 
        there are gaps in or inconsistencies between best practices for 
        pain management (including chronic and acute pain) developed or 
        adopted by Federal agencies;
            (2) <<NOTE: Deadline. Recommenda- tions. Public 
        information.>>  not later than 1 year after the date on which 
        the task force is convened under subsection (b), propose updates 
        to best practices and recommendations on addressing gaps or 
        inconsistencies identified under paragraph (1), as appropriate, 
        and submit to relevant Federal agencies and the general public

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        such proposed updates and recommendations, taking into 
        consideration--
                    (A) existing pain management research and other 
                relevant 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 differences within and between classes 
                of opioids, the availability of opioids with abuse 
                deterrent technology, and pharmacological, 
                nonpharmacological, and medical device alternatives to 
                opioids to reduce opioid monotherapy in appropriate 
                cases;
                    (D) the management of high-risk populations who 
                receive opioids in the course of medical care, other 
                than for pain management;
                    (E) the 2016 Guideline for Prescribing Opioids for 
                Chronic Pain issued by the Centers for Disease Control 
                and Prevention; and
                    (F) private sector, State, and local government 
                efforts related to pain management and prescribing pain 
                medication;
            (3) <<NOTE: Public information. Time period.>>  provide the 
        public with at least 90 days to submit comments on any proposed 
        updates and recommendations under paragraph (2); and
            (4) develop a strategy for disseminating information about 
        best practices for pain management (including chronic and acute 
        pain) to stakeholders, if appropriate.

    (f) Limitation.--The task force shall not have rulemaking authority.
    (g) Sunset.--The task force under this section shall sunset after 3 
years.
SEC. 102. <<NOTE: 42 USC 290bb-25g. Coordination.>>  AWARENESS 
                        CAMPAIGNS.

    (a) In General.--The Secretary of Health and Human Services, in 
coordination with the heads of other departments and agencies, shall, as 
appropriate, through existing programs and activities, advance the 
education and awareness of the public (including providers, patients, 
and consumers) and other appropriate entities regarding the risk of 
abuse of prescription opioids if such drugs are not taken as prescribed.
    (b) Topics.--The education and awareness campaigns under subsection 
(a) shall address--
            (1) the dangers of opioid abuse;
            (2) the prevention of opioid abuse, including through safe 
        disposal of prescription medications and other safety 
        precautions; and
            (3) the detection of early warning signs of addiction.

    (c) Other Requirements.--The education and awareness campaigns under 
subsection (a) shall, as appropriate--
            (1) take into account any association between prescription 
        opioid abuse and heroin use;
            (2) emphasize--
                    (A) the similarities between heroin and prescription 
                opioids; and

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                    (B) the effects of heroin and prescription opioids 
                on the human body; and
            (3) bring greater public awareness to the dangerous effects 
        of fentanyl when mixed with heroin or abused in a similar 
        manner.
SEC. 103. <<NOTE: 21 USC 1536.>>  COMMUNITY-BASED COALITION 
                        ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG 
                        CRISES.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Substance Abuse and Mental Health Services 
        Administration.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of National Drug Control Policy.
            (3) Drug-free communities act of 1997.--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.).
            (4) Eligible entity.--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.
            (5) Emerging drug abuse issue.--The term ``emerging drug 
        abuse issue'' means a substance use disorder within an area 
        involving--
                    (A) a sudden increase in demand for particular drug 
                abuse treatment services relative to previous demand; 
                and
                    (B) a lack of resources in the area to address the 
                emerging problem.
            (6) Local drug crisis.--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.
            (7) Opioid.--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.

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    (b) <<NOTE: Coordination.>>  Program Authorized.--The Director, in 
coordination with the Administrator, may make grants to eligible 
entities to implement comprehensive community-wide strategies that 
address local drug crises and emerging drug abuse issues 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 Director at such 
        time, in such manner, and accompanied by such information as the 
        Director may require.
            (2) Criteria.--As part of an application for a grant under 
        this section, the Director shall require an eligible entity to 
        submit a detailed, comprehensive, multisector plan for 
        addressing the local drug crisis or emerging drug abuse issue 
        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);
            (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); and
            (3) for programs designed to implement comprehensive 
        community-wide strategies to address emerging drug abuse issues 
        in the community.

    (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 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 to pay for administrative expenses.
    (h) <<NOTE: Contracts.>>  Delegation Authority.--The Director may 
enter into an interagency agreement with the Administrator to delegate 
authority for the execution of grants and for such other activities as 
may be necessary to carry out this section.

    (i) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $5,000,000 for 
each of fiscal years 2017 through 2021.
SEC. 104. <<NOTE: 42 USC 290bb-25g note.>>  INFORMATION MATERIALS 
                        AND RESOURCES TO PREVENT ADDICTION RELATED 
                        TO YOUTH SPORTS INJURIES.

    (a) <<NOTE: Public information. Web posting.>>  Report.--The 
Secretary of Health and Human Services (referred to in this section as 
the ``Secretary'') shall, not later than 24 months after the date of the 
enactment of this section, make publicly available on the appropriate 
website of the Department of Health and Human Services a report 
determining the extent to which informational materials and resources 
described

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in subsection (c) are available to teenagers and adolescents who play 
youth sports, families of such teenagers and adolescents, nurses, youth 
sports groups, and relevant health care provider groups.

    (b) <<NOTE: Deadline.>>  Development of Informational Materials and 
Resources.--The Secretary may, for purposes of preventing substance use 
disorder in teenagers and adolescents who are injured playing youth 
sports and are subsequently prescribed an opioid, not later than 12 
months after the report is made publicly available under subsection (a), 
and taking into consideration the findings of such report and in 
coordination with relevant health care provider groups, facilitate the 
development of informational materials and resources described in 
subsection (c) for teenagers and adolescents who play youth sports, 
families of such teenagers and adolescents, nurses, youth sports groups, 
and relevant health care provider groups.

    (c) Materials and Resources Described.--For purposes of this 
section, the informational materials and resources described in this 
subsection are informational materials and resources with respect to 
youth sports injuries for which opioids are potentially prescribed, 
including materials and resources focused on the risks associated with 
opioid use and misuse, treatment options for such injuries that do not 
involve the use of opioids, and how to seek treatment for addiction.
    (d) No Additional Funds.--No additional funds are authorized to be 
appropriated for the purpose of carrying out this section. This section 
shall be carried out using amounts otherwise available for such purpose.
SEC. 105. ASSISTING VETERANS WITH MILITARY EMERGENCY MEDICAL 
                        TRAINING TO MEET REQUIREMENT FOR BECOMING 
                        CIVILIAN HEALTH CARE PROFESSIONALS.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by inserting after section 314 the following:
``SEC. 315. <<NOTE: 42 USC 247.>>  ASSISTING VETERANS WITH 
                        MILITARY EMERGENCY MEDICAL TRAINING TO 
                        MEET REQUIREMENTS FOR BECOMING CIVILIAN 
                        HEALTH CARE PROFESSIONALS.

    ``(a) Program.--
            ``(1) <<NOTE: Consultation.>>  In general.--The Secretary 
        may establish a program, in consultation with the Secretary of 
        Labor, consisting of awarding demonstration grants to States to 
        streamline State requirements and procedures in order to assist 
        veterans who held certain military occupational specialties 
        related to medical care or who have completed certain medical 
        training while serving in the Armed Forces of the United States 
        to meet certification, licensure, and other requirements 
        applicable to civilian health care professions (such as 
        emergency medical technician, paramedic, licensed practical 
        nurse, registered nurse, physical therapy assistant, or 
        physician assistant professions) in the State.
            ``(2) Consultation and collaboration.--In determining the 
        eligible military occupational specialties or training courses 
        and the assistance required as described in paragraph (1), the 
        Secretary shall consult with the Secretary of Defense, the 
        Secretary of Veterans Affairs, and the Assistant Secretary of 
        Labor for Veterans' Employment and Training, and shall 
        collaborate with the initiatives carried out under section 4114

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        of title 38, United States Code, and sections 1142 through 1144 
        of title 10, United States Code.

    ``(b) Use of Funds.--Amounts received as a demonstration grant under 
this section shall be used to--
            ``(1) <<NOTE: Plan.>>  prepare and implement a plan to 
        streamline State requirements and procedures as described in 
        subsection (a), including by--
                    ``(A) <<NOTE: Determination.>>  determining the 
                extent to which the requirements for the education, 
                training, and skill level of civilian health care 
                professions (such as emergency medical technicians, 
                paramedics, licensed practical nurses, registered 
                nurses, physical therapy assistants, or physician 
                assistants) in the State are equivalent to requirements 
                for the education, training, and skill level of veterans 
                who served in medical related fields while a member of 
                the Armed Forces of the United States; and
                    ``(B) identifying methods, such as waivers, for 
                veterans who served in medical related fields while a 
                member of the Armed Forces of the United States to forgo 
                or meet any such equivalent State requirements; and
            ``(2) if necessary to meet workforce shortages or address 
        gaps in education, training, or skill level to meet 
        certification, licensure or other requirements applicable to 
        becoming a civilian health care professional (such as an 
        emergency medical technician, paramedic, licensed practical 
        nurse, registered nurse, physical therapy assistant, or 
        physician assistant professions) in the State, develop or expand 
        career pathways at institutions of higher education to support 
        veterans in meeting such requirements.

    ``(c) Report.--Upon the completion of the demonstration program 
under this section, the Secretary shall submit to Congress a report on 
the program.
    ``(d) Funding.--No additional funds are authorized to be 
appropriated for the purpose of carrying out this section. This section 
shall be carried out using amounts otherwise available for such purpose.
    ``(e) Sunset.--The demonstration program under this section shall 
not exceed 5 years.''.
SEC. 106. <<NOTE: 21 USC 355 note.>>  FDA OPIOID ACTION PLAN.

    (a) In General.--
            (1) New drug application.--
                    (A) In general.--Subject to subparagraph (B), prior 
                to the approval pursuant to an application submitted 
                under section 505(b) of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 355(b)) of a new drug that is an 
                opioid, the Secretary of Health and Human Services 
                (referred to in this section as the ``Secretary'') shall 
                refer the application to an advisory committee of the 
                Food and Drug Administration to seek recommendations 
                from such advisory committee.
                    (B) Public health exemption.--A referral to an 
                advisory committee under subparagraph (A) is not 
                required with respect to a new opioid drug or drugs if 
                the Secretary--
                          (i) finds that such a referral is not in the 
                      interest of protecting and promoting public 
                      health;

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                          (ii) finds that such a referral is not 
                      necessary based on a review of the relevant 
                      scientific information; and
                          (iii) <<NOTE: Notice.>>  submits a notice 
                      containing the rationale for such findings to the 
                      Committee on Health, Education, Labor, and 
                      Pensions of the Senate and the Committee on Energy 
                      and Commerce of the House of Representatives.
            (2) <<NOTE: Recommenda- tions.>>  Pediatric opioid 
        labeling.--The Secretary shall convene the Pediatric Advisory 
        Committee of the Food and Drug Administration to seek 
        recommendations from such Committee regarding a framework for 
        the inclusion of information in the labeling of drugs that are 
        opioids relating to the use of such drugs in pediatric 
        populations before the Secretary approves any labeling or change 
        to labeling for any drug that is an opioid intended for use in a 
        pediatric population.
            (3) Sunset.--The requirements of paragraphs (1) and (2) 
        shall cease to be effective on October 1, 2022.

    (b) <<NOTE: Deadline. Consultation. Recommenda- tions. 21 USC 355-1 
note.>>  Prescriber Education.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary, acting through the 
Commissioner of Food and Drugs, as part of the Food and Drug 
Administration's evaluation of the Extended-Release/Long-Acting Opioid 
Analgesics Risk Evaluation and Mitigation Strategy, and in consultation 
with relevant stakeholders, shall develop recommendations regarding 
education programs for prescribers of opioids pursuant to section 505-1 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1), including 
recommendations on--
            (1) which prescribers should participate in such programs; 
        and
            (2) how often participation in such programs is necessary.

    (c) <<NOTE: Deadline. Time period. Federal Register, publication. 21 
USC 355 note.>>  Guidance on Evaluating the Abuse Deterrence of Generic 
Solid Oral Opioid Drug Products.--Not later than 18 months after the end 
of the period for public comment on the draft guidance entitled 
``General Principles for Evaluating the Abuse Deterrence of Generic 
Solid Oral Opioid Drug Products'' issued by the Center for Drug 
Evaluation and Research of the Food and Drug Administration in March 
2016, the Commissioner of Food and Drugs shall publish in the Federal 
Register a final version of such guidance.
SEC. 107. IMPROVING ACCESS TO OVERDOSE TREATMENT.

    (a) Grants for Reducing Overdose Deaths.--Part D of title V of the 
Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding 
at the end the following:
``SEC. 544. <<NOTE: 42 USC 290dd-3.>>  GRANTS FOR REDUCING 
                        OVERDOSE DEATHS.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary shall award grants to 
        eligible entities to expand access to drugs or devices approved 
        or cleared under the Federal Food, Drug, and Cosmetic Act for 
        emergency treatment of known or suspected opioid overdose.
            ``(2) Maximum grant amount.--A grant awarded under this 
        section may not be for more than $200,000 per grant year.
            ``(3) <<NOTE: Definition.>>  Eligible entity.--For purposes 
        of this section, the term `eligible entity' means a Federally 
        qualified health center (as defined in section 1861(aa) of the 
        Social Security Act), an opioid treatment program under part 8 
        of title 42, Code

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        of Federal Regulations, any practitioner dispensing narcotic 
        drugs pursuant to section 303(g) of the Controlled Substances 
        Act, or any other entity that the Secretary deems appropriate.
            ``(4) <<NOTE: Definition.>>  Prescribing.--For purposes of 
        this section, the term `prescribing' means, with respect to a 
        drug or device approved or cleared under the Federal Food, Drug, 
        and Cosmetic Act for emergency treatment of known or suspected 
        opioid overdose, the practice of prescribing such drug or 
        device--
                    ``(A) in conjunction with an opioid prescription for 
                patients at an elevated risk of overdose;
                    ``(B) in conjunction with an opioid agonist approved 
                under section 505 of the Federal Food, Drug, and 
                Cosmetic Act for the treatment of opioid use disorder;
                    ``(C) to the caregiver or a close relative of 
                patients at an elevated risk of overdose from opioids; 
                or
                    ``(D) in other circumstances in which a provider 
                identifies a patient is at an elevated risk for an 
                intentional or unintentional drug overdose from heroin 
                or prescription opioid therapies.

    ``(b) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Secretary, in such form 
and manner as specified by the Secretary, an application that 
describes--
            ``(1) the extent to which the area to which the entity will 
        furnish services through use of the grant is experiencing 
        significant morbidity and mortality caused by opioid abuse;
            ``(2) <<NOTE: Criteria.>>  the criteria that will be used to 
        identify eligible patients to participate in such program; and
            ``(3) <<NOTE: Plan.>>  a plan for sustaining the program 
        after Federal support for the program has ended.

    ``(c) Use of Funds.--An eligible entity receiving a grant under this 
section may use amounts under the grant for any of the following 
activities, but may use not more than 20 percent of the grant funds for 
activities described in paragraphs (3) and (4):
            ``(1) To establish a program for prescribing a drug or 
        device approved or cleared under the Federal Food, Drug, and 
        Cosmetic Act for emergency treatment of known or suspected 
        opioid overdose.
            ``(2) To train and provide resources for health care 
        providers and pharmacists on the prescribing of drugs or devices 
        approved or cleared under the Federal Food, Drug, and Cosmetic 
        Act for emergency treatment of known or suspected opioid 
        overdose.
            ``(3) To purchase drugs or devices approved or cleared under 
        the Federal Food, Drug, and Cosmetic Act for emergency treatment 
        of known or suspected opioid overdose, for distribution under 
        the program described in paragraph (1).
            ``(4) To offset the co-payments and other cost sharing 
        associated with drugs or devices approved or cleared under the 
        Federal Food, Drug, and Cosmetic Act for emergency treatment of 
        known or suspected opioid overdose.
            ``(5) To establish protocols to connect patients who have 
        experienced a drug overdose with appropriate treatment, 
        including medication-assisted treatment and appropriate 
        counseling and behavioral therapies.

    ``(d) Evaluations by Recipients.--As a condition of receipt of a 
grant under this section, an eligible entity shall, for each year for 
which the grant is received, submit to the Secretary an

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evaluation of activities funded by the grant which contains such 
information as the Secretary may reasonably require.
    ``(e) Reports by the Secretary.--Not later than 5 years after the 
date on which the first grant under this section is awarded, the 
Secretary shall submit to the appropriate committees of the House of 
Representatives and of the Senate a report aggregating the information 
received from the grant recipients for such year under subsection (d) 
and evaluating the outcomes achieved by the programs funded by grants 
awarded under this section.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $5,000,000 for the period of 
fiscal years 2017 through 2021.''.
    (b) Improving Access to Overdose Treatment.--
            (1) <<NOTE: Deadline.>>  Information on best practices.--Not 
        later than 180 days after the date of enactment of this Act:
                    (A) The Secretary of Health and Human Services may 
                provide information to prescribers within Federally 
                qualified health centers (as defined in paragraph (4) of 
                section 1861(aa) of the Social Security Act (42 U.S.C. 
                1395x(aa))), and the health care facilities of the 
                Indian Health Service, on best practices for prescribing 
                or co-prescribing a drug or device approved or cleared 
                under the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 301 et seq.) for emergency treatment of known or 
                suspected opioid overdose, including for patients 
                receiving chronic opioid therapy and patients being 
                treated for opioid use disorders.
                    (B) The Secretary of Defense may provide information 
                to prescribers within Department of Defense medical 
                facilities on best practices for prescribing or co-
                prescribing a drug or device approved or cleared under 
                the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
                et seq.) for emergency treatment of known or suspected 
                opioid overdose, including for patients receiving 
                chronic opioid therapy and patients being treated for 
                opioid use disorders.
                    (C) The Secretary of Veterans Affairs may provide 
                information to prescribers within Department of Veterans 
                Affairs medical facilities on best practices for 
                prescribing or co-prescribing a drug or device approved 
                or cleared under the Federal Food, Drug, and Cosmetic 
                Act (21 U.S.C. 301 et seq.) for emergency treatment of 
                known or suspected opioid overdose, including for 
                patients receiving chronic opioid therapy and patients 
                being treated for opioid use disorders.
            (2) Rule of construction.--Nothing in this subsection should 
        be construed to establish or contribute to a medical standard of 
        care.
SEC. 108. <<NOTE: 42 USC 284q-1.>>  NIH OPIOID RESEARCH.

    (a) In General.--The Director of the National Institutes of Health 
(referred to in this section as the ``NIH'') may intensify and 
coordinate fundamental, translational, and clinical research of the NIH 
with respect to--
            (1) the understanding of pain;
            (2) the discovery and development of therapies for chronic 
        pain; and
            (3) the development of alternatives to opioids for effective 
        pain treatments.

[[Page 130 STAT. 706]]

    (b) Priority and Direction.--The prioritization and direction of the 
Federally funded portfolio of pain research studies shall consider 
recommendations made by the Interagency Pain Research Coordinating 
Committee in concert with the Pain Management Best Practices Inter-
Agency Task Force, and in accordance with the National Pain Strategy, 
the Federal Pain Research Strategy, and the NIH-Wide Strategic Plan for 
Fiscal Years 2016-2020, the latter of which calls for the relative 
burdens of individual diseases and medical disorders to be regarded as 
crucial considerations in balancing the priorities of the Federal 
research portfolio.
SEC. 109. NATIONAL ALL SCHEDULES PRESCRIPTION ELECTRONIC REPORTING 
                        REAUTHORIZATION.

    (a) Amendment to Purpose.--Paragraph (1) of section 2 of the 
National All Schedules Prescription Electronic Reporting Act of 2005 
(Public Law 109-60) <<NOTE: 42 USC 280g-3 note.>>  is amended to read as 
follows:
            ``(1) foster the establishment of State-administered 
        controlled substance monitoring systems in order to ensure that 
        health care providers have access to the accurate, timely 
        prescription history information that they may use as a tool for 
        the early identification of patients at risk for addiction in 
        order to initiate appropriate medical interventions and avert 
        the tragic personal, family, and community consequences of 
        untreated addiction; and''.

    (b) Amendments to Controlled Substance Monitoring Program.--Section 
399O of the Public Health Service Act (42 U.S.C. 280g-3) is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, in consultation with the Administrator of 
                the Substance Abuse and Mental Health Services 
                Administration and Director of the Centers for Disease 
                Control and Prevention,'' after ``the Secretary'';
                    (B) in subparagraph (A), by striking ``or'';
                    (C) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(C) to maintain an existing State-controlled 
                substance monitoring program.'';
            (2) by amending subsection (b) to read as follows:

    ``(b) <<NOTE: Federal Register, publication. Public information.>>  
Minimum Requirements.--The Secretary shall maintain and, as appropriate, 
supplement or revise (after publishing proposed additions and revisions 
in the Federal Register and receiving public comments thereon) minimum 
requirements for criteria to be used by States for purposes of clauses 
(ii), (v), (vi), and (vii) of subsection (c)(1)(A).'';
            (3) in subsection (c)--
                    (A) in paragraph (1)(B)--
                          (i) in the matter preceding clause (i), by 
                      striking ``(a)(1)(B)'' and inserting ``(a)(1)(B) 
                      or (a)(1)(C)'';
                          (ii) in clause (i), by striking ``program to 
                      be improved'' and inserting ``program to be 
                      improved or maintained'';
                          (iii) by redesignating clauses (iii) and (iv) 
                      as clauses (iv) and (v), respectively;
                          (iv) by inserting after clause (ii), the 
                      following:

[[Page 130 STAT. 707]]

                          ``(iii) a plan to apply the latest advances in 
                      health information technology, to the extent 
                      practicable, in order to incorporate prescription 
                      drug monitoring program data directly into the 
                      workflow of prescribers and dispensers to ensure 
                      timely access to patients' controlled prescription 
                      drug history;'';
                          (v) in clause (iv) (as so redesignated), by 
                      striking ``; and'' and inserting the following: 
                      ``and at least one health information technology 
                      system such as electronic health records, health 
                      information exchanges, or e-prescribing 
                      systems;'';
                          (vi) in clause (v) (as so redesignated)--
                                    (I) by striking ``public health'' 
                                and inserting ``public health or 
                                safety''; and
                                    (II) by striking the period and 
                                inserting ``; and''; and
                          (vii) by adding at the end the following:
                          ``(vi) information, where applicable, on how 
                      the controlled substance monitoring program 
                      jointly works with the applicant's respective 
                      State substance abuse agency to ensure information 
                      collected and maintained by the controlled 
                      substance monitoring program is used to inform the 
                      provision of clinically appropriate substance use 
                      disorder services to individuals in need.'';
                    (B) in paragraph (3)--
                          (i) by striking ``If a State that submits'' 
                      and inserting the following:
                    ``(A) In general.--If a State that submits'';
                          (ii) by inserting before the period at the end 
                      ``and include timelines for full implementation of 
                      such interoperability. The State shall also 
                      describe the manner in which it will achieve 
                      interoperability between its monitoring program 
                      and health information technology systems, as 
                      allowable under State law, and include timelines 
                      for the implementation of such interoperability''; 
                      and
                          (iii) by adding at the end the following:
                    ``(B) Monitoring of efforts.--The Secretary shall 
                monitor State efforts to achieve interoperability, as 
                described in subparagraph (A).''; and
                    (C) in paragraph (5)--
                          (i) by striking ``implement or improve'' and 
                      inserting ``establish, improve, or maintain''; and
                          (ii) by adding at the end the following: ``The 
                      Secretary shall redistribute any funds that are so 
                      returned among the remaining grantees under this 
                      section in accordance with the formula described 
                      in subsection (a)(2)(B).'';
            (4) in subsection (d)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``In implementing or 
                      improving'' and all that follows through 
                      ``(a)(1)(B)'' and inserting ``In establishing, 
                      improving, or maintaining a controlled substance 
                      monitoring program under this section, a State 
                      shall comply, or with respect to a State that 
                      applies for a grant under subparagraph (B) or (C) 
                      of subsection (a)(1)''; and

[[Page 130 STAT. 708]]

                          (ii) by striking ``public health'' and 
                      inserting ``public health or safety''; and
                    (B) by adding at the end the following:
            ``(5) <<NOTE: Reports.>>  The State shall report on 
        interoperability with the controlled substance monitoring 
        program of Federal agencies, where appropriate, interoperability 
        with health information technology systems such as electronic 
        health records, health information exchanges, and e-prescribing, 
        where appropriate, and whether or not the State provides 
        automatic, up-to-date, or daily information about a patient when 
        a practitioner (or the designee of a practitioner, where 
        permitted) requests information about such patient.'';
            (5) in subsections (e), (f)(1), and (g), by striking 
        ``implementing or improving'' each place it appears and 
        inserting ``establishing, improving, or maintaining'';
            (6) in subsection (f)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (B), by striking ``misuse 
                      of a schedule II, III, or IV substance'' and 
                      inserting ``misuse of a controlled substance 
                      included in schedule II, III, or IV of section 
                      202(c) of the Controlled Substances Act''; and
                          (ii) in subparagraph (D)--
                                    (I) by inserting ``a State substance 
                                abuse agency,'' after ``State health 
                                department,''; and
                                    (II) by striking ``such department, 
                                program, or administration'' each place 
                                it appears and inserting ``such 
                                department, program, agency, or 
                                administration'' in each such place; and
                    (B) by adding at the end the following:
            ``(3) Evaluation and reporting.--Subject to subsection (g), 
        a State receiving a grant under subsection (a) shall provide the 
        Secretary with aggregate data to enable the Secretary--
                    ``(A) to evaluate the success of the State's program 
                in achieving its purposes; or
                    ``(B) to prepare and submit the report to Congress 
                required by subsection (k)(2).
            ``(4) Research by other entities.--A department, program, 
        agency, or administration receiving nonidentifiable information 
        under paragraph (1)(D) may make such information available to 
        other entities for research purposes.'';
            (7) by striking subsection (k);
            (8) by redesignating subsections (h) through (j) as 
        subsections (i) through (k), respectively;
            (9) in subsections (c)(1)(A)(iv) and (d)(4), by striking 
        ``subsection (h)'' each place it appears and inserting 
        ``subsection (i)'';
            (10) by inserting after subsection (g) the following:

    ``(h) Education and Access to the Monitoring System.--A State 
receiving a grant under subsection (a) shall take steps to--
            ``(1) facilitate prescriber and dispenser use of the State's 
        controlled substance monitoring system, to the extent 
        practicable; and
            ``(2) educate prescribers and dispensers on the benefits of 
        the system.'';
            (11) in subsection (k)(2)(A), as so redesignated--

[[Page 130 STAT. 709]]

                    (A) in clause (ii), by striking ``or affected'' and 
                inserting ``, established or strengthened initiatives to 
                ensure linkages to substance use disorder services, or 
                affected''; and
                    (B) in clause (iii), by striking ``including an 
                assessment'' and inserting ``and between controlled 
                substance monitoring programs and health information 
                technology systems, including an assessment'';
            (12) in subsection (l)(1), by striking ``establishment, 
        implementation, or improvement'' and inserting ``establishment, 
        improvement, or maintenance'';
            (13) in subsection (m)(8), by striking ``and the District of 
        Columbia'' and inserting ``, the District of Columbia, and any 
        commonwealth or territory of the United States''; and
            (14) by amending subsection (n) to read as follows:

    ``(n) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated, $10,000,000 for each of fiscal 
years 2017 through 2021.''.
SEC. 110. OPIOID OVERDOSE REVERSAL MEDICATION ACCESS AND EDUCATION 
                        GRANT PROGRAMS.

    (a) In General.--Part D of title V of the Public Health Service Act 
(42 U.S.C. 290dd et seq.), as amended by section 107, is further amended 
by adding at the end the following:
``SEC. 545. <<NOTE: 42 USC 290ee.>>  OPIOID OVERDOSE REVERSAL 
                        MEDICATION ACCESS AND EDUCATION GRANT 
                        PROGRAMS.

    ``(a) Grants to States.--The Secretary shall make grants to States 
to--
            ``(1) implement strategies for pharmacists to dispense a 
        drug or device approved or cleared under the Federal Food, Drug, 
        and Cosmetic Act for emergency treatment of known or suspected 
        opioid overdose, as appropriate, pursuant to a standing order;
            ``(2) encourage pharmacies to dispense opioid overdose 
        reversal medication pursuant to a standing order;
            ``(3) develop or provide training materials that persons 
        authorized to prescribe or dispense a drug or device approved or 
        cleared under the Federal Food, Drug, and Cosmetic Act for 
        emergency treatment of known or suspected opioid overdose may 
        use to educate the public concerning--
                    ``(A) when and how to safely administer such drug or 
                device; and
                    ``(B) steps to be taken after administering such 
                drug or device; and
            ``(4) educate the public concerning the availability of 
        drugs or devices approved or cleared under the Federal Food, 
        Drug, and Cosmetic Act for emergency treatment of known or 
        suspected opioid overdose without a person-specific 
        prescription.

    ``(b) Certain Requirement.--A grant may be made under this section 
only if the State involved has authorized standing orders to be issued 
for drugs or devices approved or cleared under the Federal Food, Drug, 
and Cosmetic Act for emergency treatment of known or suspected opioid 
overdose.
    ``(c) Preference in Making Grants.--In making grants under this 
section, the Secretary may give preference to States that have a 
significantly higher rate of opioid overdoses than the national average, 
and that--

[[Page 130 STAT. 710]]

            ``(1) have not implemented standing orders regarding drugs 
        or devices approved or cleared under the Federal Food, Drug, and 
        Cosmetic Act for emergency treatment of known or suspected 
        opioid overdose;
            ``(2) authorize standing orders to be issued that permit 
        community-based organizations, substance abuse programs, or 
        other nonprofit entities to acquire, dispense, or administer 
        drugs or devices approved or cleared under the Federal Food, 
        Drug, and Cosmetic Act for emergency treatment of known or 
        suspected opioid overdose; or
            ``(3) authorize standing orders to be issued that permit 
        police, fire, or emergency medical services agencies to acquire 
        and administer drugs or devices approved or cleared under the 
        Federal Food, Drug, and Cosmetic Act for emergency treatment of 
        known or suspected opioid overdose.

    ``(d) Grant Terms.--
            ``(1) Number.--A State may not receive more than one grant 
        under this section at a time.
            ``(2) Period.--A grant under this section shall be for a 
        period of 3 years.
            ``(3) Limitation.--A State may use not more than 20 percent 
        of a grant under this section for educating the public pursuant 
        to subsection (a)(4).

    ``(e) Applications.--To be eligible to receive a grant under this 
section, a State shall submit an application to the Secretary in such 
form and manner and containing such information as the Secretary may 
reasonably require, including detailed proposed expenditures of grant 
funds.
    ``(f) <<NOTE: Evaluation.>>  Reporting.--A State that receives a 
grant under this section shall, at least annually for the duration of 
the grant, submit a report to the Secretary evaluating the progress of 
the activities supported through the grant. Such reports shall include 
information on the number of pharmacies in the State that dispense a 
drug or device approved or cleared under the Federal Food, Drug, and 
Cosmetic Act for emergency treatment of known or suspected opioid 
overdose under a standing order, and other information as the Secretary 
determines appropriate to evaluate the use of grant funds.

    ``(g) Definitions.--In this section the term `standing order' means 
a document prepared by a person authorized to prescribe medication that 
permits another person to acquire, dispense, or administer medication 
without a person-specific prescription.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--To carry out this section, there are 
        authorized to be appropriated $5,000,000 for the period of 
        fiscal years 2017 through 2019.
            ``(2) Administrative costs.--Not more than 3 percent of the 
        amounts made available to carry out this section may be used by 
        the Secretary for administrative expenses of carrying out this 
        section.''.

    (b) <<NOTE: Effective date. 42 USC 257 note.>>  Technical 
Clarification.--Effective as if included in the enactment of the 
Children's Health Act of 2000 (Public Law 106-310), section 3405(a) of 
such Act (114 Stat. 1221) is amended by striking ``Part E of title III'' 
and inserting ``Part E of title III of the Public Health Service Act''.

[[Page 130 STAT. 711]]

                 TITLE II--LAW ENFORCEMENT AND TREATMENT

SEC. 201. COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM.

    (a) Comprehensive Opioid Abuse Grant Program.--
            (1) In general.--Title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by 
        adding at the end the following:

           ``PART LL--COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM

``SEC. 3021. <<NOTE: 42 USC 3797ff.>>  DESCRIPTION.

    ``(a) Grants Authorized.--From amounts made available to carry out 
this part, the Attorney General may make grants to States, units of 
local government, and Indian tribes, for use by the State, unit of local 
government, or Indian tribe to provide services primarily relating to 
opioid abuse, including for any one or more of the following:
            ``(1) Developing, implementing, or expanding a treatment 
        alternative to incarceration program, which may include--
                    ``(A) prebooking or postbooking components, which 
                may include the activities described in part DD or HH of 
                this title;
                    ``(B) training for criminal justice agency personnel 
                on substance use disorders and co-occurring mental 
                illness and substance use disorders;
                    ``(C) a mental health court, including the 
                activities described in part V of this title;
                    ``(D) a drug court, including the activities 
                described in part EE of this title;
                    ``(E) a veterans treatment court program, including 
                the activities described in subsection (i) of section 
                2991 of this title;
                    ``(F) a focus on parents whose incarceration could 
                result in their children entering the child welfare 
                system; and
                    ``(G) a community-based substance use diversion 
                program sponsored by a law enforcement agency.
            ``(2) In the case of a State, facilitating or enhancing 
        planning and collaboration between State criminal justice 
        agencies and State substance abuse agencies in order to more 
        efficiently and effectively carry out activities or services 
        described in any paragraph of this subsection that address 
        problems related to opioid abuse.
            ``(3) Providing training and resources for first responders 
        on carrying and administering an opioid overdose reversal drug 
        or device approved or cleared by the Food and Drug 
        Administration, and purchasing such a drug or device for first 
        responders who have received such training to so carry and 
        administer.
            ``(4) Locating or investigating illicit activities related 
        to the unlawful distribution of opioids.
            ``(5) Developing, implementing, or expanding a medication-
        assisted treatment program used or operated by a criminal 
        justice agency, which may include training criminal justice

[[Page 130 STAT. 712]]

        agency personnel on medication-assisted treatment, and carrying 
        out the activities described in part S of this title.
            ``(6) In the case of a State, developing, implementing, or 
        expanding a prescription drug monitoring program to collect and 
        analyze data related to the prescribing of schedules II, III, 
        and IV controlled substances through a centralized database 
        administered by an authorized State agency, which includes 
        tracking the dispensation of such substances, and providing for 
        interoperability and data sharing with each other such program 
        in each other State, and with any interstate entity that shares 
        information between such programs.
            ``(7) Developing, implementing, or expanding a program to 
        prevent and address opioid abuse by juveniles.
            ``(8) Developing, implementing, or expanding a program 
        (which may include demonstration projects) to utilize technology 
        that provides a secure container for prescription drugs that 
        would prevent or deter individuals, particularly adolescents, 
        from gaining access to opioid medications that are lawfully 
        prescribed for other individuals.
            ``(9) Developing, implementing, or expanding a prescription 
        drug take-back program.
            ``(10) Developing, implementing, or expanding an integrated 
        and comprehensive opioid abuse response program.

    ``(b) Contracts and Subawards.--A State, unit of local government, 
or Indian tribe may, in using a grant under this part for purposes 
authorized by subsection (a), use all or a portion of that grant to 
contract with, or make one or more subawards to, one or more--
            ``(1) local or regional organizations that are private and 
        nonprofit, including faith-based organizations;
            ``(2) units of local government; or
            ``(3) tribal organizations.

    ``(c) Program Assessment Component; Waiver.--
            ``(1) <<NOTE: Coordination.>>  Program assessment 
        component.--Each program funded under this part shall contain a 
        program assessment component, developed pursuant to guidelines 
        established by the Attorney General, in coordination with the 
        National Institute of Justice.
            ``(2) Waiver.--The Attorney General may waive the 
        requirement of paragraph (1) with respect to a program if, in 
        the opinion of the Attorney General, the program is not of 
        sufficient size to justify a full program assessment.

    ``(d) Administrative Costs.--Not more than 10 percent of a grant 
made under this part may be used for costs incurred to administer such 
grant.
    ``(e) Period.--The period of a grant made under this part may not be 
longer than 4 years, except that renewals and extensions beyond that 
period may be granted at the discretion of the Attorney General.
``SEC. 3022. <<NOTE: 42 USC 3797ff-1.>>  APPLICATIONS.

    ``To request a grant under this part, the chief executive officer of 
a State, unit of local government, or Indian tribe shall submit an 
application to the Attorney General at such time and in such form as the 
Attorney General may require. <<NOTE: Certification.>>  Such application 
shall include the following:

[[Page 130 STAT. 713]]

            ``(1) A certification that Federal funds made available 
        under this part will not be used to supplant State, local, or 
        tribal funds, but will be used to increase the amounts of such 
        funds that would, in the absence of Federal funds, be made 
        available for the activities described in section 3021(a).
            ``(2) An assurance that, for each fiscal year covered by an 
        application, the applicant shall maintain and report such data, 
        records, and information (programmatic and financial) as the 
        Attorney General may reasonably require.
            ``(3) A certification, made in a form acceptable to the 
        Attorney General and executed by the chief executive officer of 
        the applicant (or by another officer of the applicant, if 
        qualified under regulations promulgated by the Attorney 
        General), that--
                    ``(A) the activities or services to be funded by the 
                grant meet all the requirements of this part;
                    ``(B) all the information contained in the 
                application is correct;
                    ``(C) there has been appropriate coordination with 
                affected agencies; and
                    ``(D) the applicant will comply with all provisions 
                of this part and all other applicable Federal laws.
            ``(4) An assurance that the applicant will work with the 
        Drug Enforcement Administration to develop an integrated and 
        comprehensive strategy to address opioid abuse.
``SEC. 3023. <<NOTE: Notice. 42 USC 3797ff-2.>>  REVIEW OF 
                          APPLICATIONS.

    ``The Attorney General shall not finally disapprove any application 
(or any amendment to that application) submitted under this part without 
first affording the applicant reasonable notice of any deficiencies in 
the application and an opportunity for correction of any such 
deficiencies and reconsideration.
``SEC. 3024. <<NOTE: 42 USC 3797ff-3.>>  EQUITABLE DISTRIBUTION OF 
                          FUNDS.

    ``In awarding grants under this part, the Attorney General shall 
distribute funds in a manner that--
            ``(1) equitably addresses the needs of underserved 
        populations, including rural and tribal communities; and
            ``(2) focuses on communities that have been 
        disproportionately impacted by opioid abuse as evidenced in part 
        by--
                    ``(A) high rates of primary treatment admissions for 
                heroin and other opioids;
                    ``(B) high rates of drug poisoning deaths from 
                heroin and other opioids; and
                    ``(C) a lack of accessibility to treatment providers 
                and facilities and to emergency medical services.
``SEC. 3025. <<NOTE: 42 USC 3797ff-4.>>  DEFINITIONS.

    ``In this part:
            ``(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 his or her professional duties, 
        responds to fire, medical, hazardous material, or other similar 
        emergencies.

[[Page 130 STAT. 714]]

            ``(2) The term `medication-assisted treatment' means the use 
        of medications approved by the Food and Drug Administration for 
        the treatment of opioid abuse.
            ``(3) The term `opioid' means any drug, including heroin, 
        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 `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)).
            ``(5) 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).
            ``(6) The term `criminal justice agency' means a State, 
        local, or tribal--
                    ``(A) court;
                    ``(B) prison;
                    ``(C) jail;
                    ``(D) law enforcement agency; or
                    ``(E) other agency that performs the administration 
                of criminal justice, including prosecution, pretrial 
                services, and community supervision.
            ``(7) The term `tribal organization' has the meaning given 
        that term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            ``(8) The term `State substance abuse agency' has the 
        meaning given that term in section 508(r)(6) of the Public 
        Health Service Act (42 U.S.C. 290bb-1).''.
            (2) Authorization of appropriations.--Section 1001(a) of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3793(a)) is amended by inserting after paragraph 
        (26) the following:
            ``(27) There are authorized to be appropriated to carry out 
        part LL $103,000,000 for each of fiscal years 2017 through 
        2021.''.

    (b) Emergency Federal Law Enforcement Assistance.--Section 609Y(a) 
of the Justice Assistance Act of 1984 (42 U.S.C. 10513(a)) is amended by 
striking ``September 30, 1984'' and inserting ``September 30, 2021''.
    (c) Inclusion of Services for Pregnant Women Under Family-Based 
Substance Abuse Grants.--Part DD of title I of the Omnibus Crime Control 
and Safe Streets Act (42 U.S.C. 3797s et seq.) is amended--
            (1) <<NOTE: 42 USC 3797s.>>  in section 2921(2), by 
        inserting before the period at the end ``or pregnant women''; 
        and
            (2) <<NOTE: 42 USC 3797s-6.>>  in section 2927--
                    (A) in paragraph (1)(A), by inserting ``pregnant 
                or'' before ``a parent''; and
                    (B) in paragraph (3), by inserting ``or pregnant 
                women'' after ``incarcerated parents''.

    (d) GAO Study and Report on Federal Agency Programs and Research 
Relative to Substance Use and Substance Use Disorders Among Adolescents 
and Young Adults.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study on how Federal agencies, through grant 
        programs, are addressing prevention of, treatment for, and

[[Page 130 STAT. 715]]

        recovery from, substance use by, and substance use disorders 
        among, adolescents and young adults. Such study shall include an 
        analysis of each of the following:
                    (A) The research that has been, and is being, 
                conducted or supported pursuant to grant programs 
                operated by Federal agencies on prevention of, treatment 
                for, and recovery from substance use by and substance 
                use disorders among adolescents and young adults, 
                including an assessment of--
                          (i) such research relative to any unique 
                      circumstances (including social and biological 
                      circumstances) of adolescents and young adults 
                      that may make adolescent-specific and young adult-
                      specific treatment protocols necessary, including 
                      any effects that substance use and substance use 
                      disorders may have on brain development and the 
                      implications for treatment and recovery; and
                          (ii) areas of such research in which greater 
                      investment or focus is necessary relative to other 
                      areas of such research.
                    (B) Federal agency nonresearch programs and 
                activities that address prevention of, treatment for, 
                and recovery from substance use by and substance use 
                disorders among adolescents and young adults, including 
                an assessment of the effectiveness of such programs and 
                activities in preventing substance use by and substance 
                use disorders among adolescents and young adults, 
                treating such adolescents and young adults in a way that 
                accounts for any unique circumstances faced by 
                adolescents and young adults, and supports long-term 
                recovery among adolescents and young adults.
                    (C) Gaps that have been identified by officials of 
                Federal agencies or experts in the efforts supported by 
                grant programs operated by Federal agencies relating to 
                prevention of, treatment for, and recovery from 
                substance use by and substance use disorders among 
                adolescents and young adults, including gaps in 
                research, data collection, and measures to evaluate the 
                effectiveness of such efforts, and the reasons for such 
                gaps.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the appropriate committees of the Congress a report containing 
        the results of the study conducted under paragraph (1), 
        including--
                    (A) <<NOTE: Summary.>>  a summary of the findings of 
                the study; and
                    (B) <<NOTE: Recommenda- tions.>>  recommendations 
                based on the results of the study, including 
                recommendations for such areas of research and 
                legislative and administrative action as the Comptroller 
                General determines appropriate.
SEC. 202. FIRST RESPONDER TRAINING.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.), as amended by section 110, is further amended by adding at the 
end the following:
``SEC. 546. <<NOTE: 42 USC 290ee-1.>>  FIRST RESPONDER TRAINING.

    ``(a) Program Authorized.--The Secretary shall make grants to 
States, local governmental entities, and Indian tribes and tribal

[[Page 130 STAT. 716]]

organizations (as defined in section 4 of the Indian Self-Determination 
and Education Assistance Act) to allow first responders and members of 
other key community sectors to administer a drug or device approved or 
cleared under the Federal Food, Drug, and Cosmetic Act for emergency 
treatment of known or suspected opioid overdose.
    ``(b) Application.--
            ``(1) In general.--An 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 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 with which the entity will coordinate to 
                implement the program; and
                    ``(D) describe how the entity will ensure that 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.

    ``(c) Use of Funds.--An entity shall use a grant received under this 
section to--
            ``(1) make a drug or device approved or cleared under the 
        Federal Food, Drug, and Cosmetic Act for emergency treatment of 
        known or suspected opioid overdose available to be carried and 
        administered by first responders and members of other key 
        community sectors;
            ``(2) train and provide resources for first responders and 
        members of other key community sectors on carrying and 
        administering a drug or device approved or cleared under the 
        Federal Food, Drug, and Cosmetic Act for emergency treatment of 
        known or suspected opioid 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 followup services.

    ``(d) Technical Assistance Grants.--The Secretary shall make a grant 
for the purpose of providing technical assistance and training on the 
use of a drug or device approved or cleared under the Federal Food, 
Drug, and Cosmetic Act for emergency treatment of known or suspected 
opioid overdose, and mechanisms for referral to appropriate treatment 
for an entity receiving a grant under this section.
    ``(e) Geographic Distribution.--In making grants under this section, 
the Secretary shall ensure that not less than 20 percent of grant funds 
are awarded to eligible entities that are not located

[[Page 130 STAT. 717]]

in metropolitan statistical areas (as defined by the Office of 
Management and Budget). The Secretary shall take into account the unique 
needs of rural communities, including communities with an incidence of 
individuals with opioid use disorder that is above the national average 
and communities with a shortage of prevention and treatment services.
    ``(f) <<NOTE: Determination.>>  Evaluation.--The Secretary shall 
conduct an evaluation of grants made under this section to determine--
            ``(1) the number of first responders and members of other 
        key community sectors equipped with a drug or device approved or 
        cleared under the Federal Food, Drug, and Cosmetic Act for 
        emergency treatment of known or suspected opioid overdose;
            ``(2) the number of opioid and heroin overdoses reversed by 
        first responders and members of other key community sectors 
        receiving training and supplies of a drug or device approved or 
        cleared under the Federal Food, Drug, and Cosmetic Act for 
        emergency treatment of known or suspected opioid overdose, 
        through a grant received under this section;
            ``(3) the number of responses to requests for services by 
        the entity or subgrantee, to opioid and heroin overdose; and
            ``(4) the extent to which overdose victims and families 
        receive information about treatment services and available data 
        describing treatment admissions.

    ``(g) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $12,000,000 for each of fiscal 
years 2017 through 2021.''.
SEC. 203. <<NOTE: 21 USC 822a.>>  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) <<NOTE: Coordination.>>  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.

                    TITLE III--TREATMENT AND RECOVERY

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

    Subpart 1 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb et seq.) is amended by adding at the end the following:
``SEC. 514B. <<NOTE: 42 USC 290bb-10.>>  EVIDENCE-BASED 
                          PRESCRIPTION OPIOID AND HEROIN TREATMENT 
                          AND INTERVENTIONS DEMONSTRATION.

    ``(a) Grants To Expand Access.--

[[Page 130 STAT. 718]]

            ``(1) <<NOTE: Contracts.>>  Authority to award grants.--The 
        Secretary shall award grants, contracts, or cooperative 
        agreements to State substance abuse agencies, units of local 
        government, nonprofit organizations, and Indian tribes and 
        tribal organizations (as defined in section 4 of the Indian 
        Self-Determination and Education Assistance Act) 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 
        evidence-based 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, such as in rural areas.
            ``(2) Nature of activities.--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.

    ``(b) Application.--To be eligible for a grant, contract, or 
cooperative agreement under subsection (a), an entity shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably require.
    ``(c) Evaluation.--An entity that receives a grant, contract, or 
cooperative agreement under subsection (a) shall submit, in the 
application for such grant, contract, or agreement a plan for the 
evaluation of any project undertaken with funds provided under this 
section. Such entity shall provide the Secretary with periodic 
evaluations of the progress of such project and an evaluation at the 
completion of such project as the Secretary determines to be 
appropriate.
    ``(d) Geographic Distribution.--In awarding grants, contracts, and 
cooperative agreements under this section, the Secretary shall ensure 
that not less than 15 percent of funds are awarded to eligible entities 
that are not located in metropolitan statistical areas (as defined by 
the Office of Management and Budget). The Secretary shall take into 
account the unique needs of rural communities, including communities 
with an incidence of individuals with opioid use disorder that is above 
the national average and communities with a shortage of prevention and 
treatment services.
    ``(e) Additional Activities.--In administering grants, contracts, 
and cooperative agreements under subsection (a), the Secretary shall--
            ``(1) <<NOTE: Evaluation.>>  evaluate the activities 
        supported under such subsection;
            ``(2) disseminate information, as appropriate, derived from 
        evaluations 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 program 
        involved.

    ``(f) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $25,000,000 for each of fiscal 
years 2017 through 2021.''.

[[Page 130 STAT. 719]]

SEC. 302. BUILDING COMMUNITIES OF RECOVERY.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.), as amended by section 202, is further amended by adding at the 
end the following:
``SEC. 547. <<NOTE: 42 USC 290ee-2.>>  BUILDING COMMUNITIES OF 
                        RECOVERY.

    ``(a) Definition.--In this section, the term `recovery community 
organization' means an independent nonprofit organization that--
            ``(1) mobilizes resources within and outside of the recovery 
        community to increase the prevalence and quality of long-term 
        recovery from substance use disorders; and
            ``(2) is wholly or principally governed by people in 
        recovery for substance use disorders who reflect the community 
        served.

    ``(b) Grants Authorized.--The Secretary shall 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) build connections between recovery networks, 
                between recovery community organizations, and with other 
                recovery support services, including--
                          ``(i) behavioral health providers;
                          ``(ii) primary care providers and physicians;
                          ``(iii) the criminal justice system;
                          ``(iv) employers;
                          ``(v) housing services;
                          ``(vi) child welfare agencies; and
                          ``(vii) other recovery support services that 
                      facilitate recovery from substance use disorders;
                    ``(B) reduce the stigma associated with substance 
                use disorders; and
                    ``(C) conduct outreach on issues relating to 
                substance use disorders and recovery, including--
                          ``(i) identifying the signs of addiction;
                          ``(ii) the resources available to individuals 
                      struggling with addiction and to families with a 
                      family member struggling with, or being treated 
                      for, addiction, including programs that mentor and 
                      provide support services to children;
                          ``(iii) the resources available to help 
                      support individuals in recovery; and
                          ``(iv) related medical outcomes of substance 
                      use disorders, the potential of acquiring an 
                      infectious disease from intravenous drug use, and 
                      neonatal abstinence syndrome among infants exposed 
                      to opioids during pregnancy.

    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2017 through 2021.''.

[[Page 130 STAT. 720]]

SEC. 303. MEDICATION-ASSISTED TREATMENT FOR RECOVERY FROM 
                        ADDICTION.

    (a) In General.--
            (1) In general.--Section 303(g)(2) of the Controlled 
        Substances Act (21 U.S.C. 823(g)(2)) is amended--
                    (A) in subparagraph (B), by striking clauses (i), 
                (ii), and (iii) and inserting the following:
            ``(i) The practitioner is a qualifying practitioner (as 
        defined in subparagraph (G)).
            ``(ii) With respect to patients to whom the practitioner 
        will provide such drugs or combinations of drugs, the 
        practitioner has the capacity to provide directly, by referral, 
        or in such other manner as determined by the Secretary--
                    ``(I) all drugs approved by the Food and Drug 
                Administration for the treatment of opioid use disorder, 
                including for maintenance, detoxification, overdose 
                reversal, and relapse prevention; and
                    ``(II) appropriate counseling and other appropriate 
                ancillary services.
            ``(iii)(I) The total number of such patients of the 
        practitioner at any one time will not exceed the applicable 
        number. Except as provided in subclause (II), the applicable 
        number is 30.
            ``(II) The applicable number is 100 if, not sooner than 1 
        year after the date on which the practitioner submitted the 
        initial notification, the practitioner submits a second 
        notification to the Secretary of the need and intent of the 
        practitioner to treat up to 100 patients.
            ``(III) The Secretary may by regulation change such 
        applicable number.
            ``(IV) The Secretary may exclude from the applicable number 
        patients to whom such drugs or combinations of drugs are 
        directly administered by the qualifying practitioner in the 
        office setting.'';
                    (B) in subparagraph (D)--
                          (i) in clause (ii), by striking ``Upon 
                      receiving a notification under subparagraph (B)'' 
                      and inserting ``Upon receiving a determination 
                      from the Secretary under clause (iii) finding that 
                      a practitioner meets all requirements for a waiver 
                      under subparagraph (B)''; and
                          (ii) in clause (iii)--
                                    (I) by inserting ``and shall forward 
                                such determination to the Attorney 
                                General'' before the period at the end 
                                of the first sentence; and
                                    (II) by striking ``physician'' and 
                                inserting ``practitioner'';
                    (C) in subparagraph (G)--
                          (i) by amending clause (ii)(I) to read as 
                      follows:
                                    ``(I) The physician holds a board 
                                certification in addiction psychiatry or 
                                addiction medicine from the American 
                                Board of Medical Specialties.'';
                          (ii) by amending clause (ii)(II) to read as 
                      follows:
                                    ``(II) The physician holds an 
                                addiction certification or board 
                                certification from the American Society 
                                of Addiction Medicine or the American 
                                Board of Addiction Medicine.'';
                          (iii) in clause (ii)(III), by striking 
                      ``subspecialty'';

[[Page 130 STAT. 721]]

                          (iv) by amending clause (ii)(IV) to read as 
                      follows:
                    ``(IV) The physician has, with respect to the 
                treatment and management of opiate-dependent patients, 
                completed not less than 8 hours of training (through 
                classroom situations, seminars at professional society 
                meetings, electronic communications, or otherwise) that 
                is provided by the American Society of Addiction 
                Medicine, the American Academy of Addiction Psychiatry, 
                the American Medical Association, the American 
                Osteopathic Association, the American Psychiatric 
                Association, or any other organization that the 
                Secretary determines is appropriate for purposes of this 
                subclause. Such training shall include--
                          ``(aa) opioid maintenance and detoxification;
                          ``(bb) appropriate clinical use of all drugs 
                      approved by the Food and Drug Administration for 
                      the treatment of opioid use disorder;
                          ``(cc) initial and periodic patient 
                      assessments (including substance use monitoring);
                          ``(dd) individualized treatment planning, 
                      overdose reversal, and relapse prevention;
                          ``(ee) counseling and recovery support 
                      services;
                          ``(ff) staffing roles and considerations;
                          ``(gg) diversion control; and
                          ``(hh) other best practices, as identified by 
                      the Secretary.''; and
                          (v) by adding at the end the following:
            ``(iii) <<NOTE: Definition.>>  The term `qualifying 
        practitioner' means--
                    ``(I) a qualifying physician, as defined in clause 
                (ii); or
                    ``(II) <<NOTE: Time period.>>  during the period 
                beginning on the date of enactment of the Comprehensive 
                Addiction and Recovery Act of 2016 and ending on October 
                1, 2021, a qualifying other practitioner, as defined in 
                clause (iv).
            ``(iv) <<NOTE: Definition.>>  The term `qualifying other 
        practitioner' means a nurse practitioner or physician assistant 
        who satisfies each of the following:
                    ``(I) The nurse practitioner or physician assistant 
                is licensed under State law to prescribe schedule III, 
                IV, or V medications for the treatment of pain.
                    ``(II) The nurse practitioner or physician assistant 
                has--
                          ``(aa) completed not fewer than 24 hours of 
                      initial training addressing each of the topics 
                      listed in clause (ii)(IV) (through classroom 
                      situations, seminars at professional society 
                      meetings, electronic communications, or otherwise) 
                      provided by the American Society of Addiction 
                      Medicine, the American Academy of Addiction 
                      Psychiatry, the American Medical Association, the 
                      American Osteopathic Association, the American 
                      Nurses Credentialing Center, the American 
                      Psychiatric Association, the American Association 
                      of Nurse Practitioners, the American Academy of 
                      Physician Assistants, or any other organization 
                      that the Secretary determines is appropriate for 
                      purposes of this subclause; or
                          ``(bb) has such other training or experience 
                      as the Secretary determines will demonstrate the 
                      ability of

[[Page 130 STAT. 722]]

                      the nurse practitioner or physician assistant to 
                      treat and manage opiate-dependent patients.
                    ``(III) The nurse practitioner or physician 
                assistant is supervised by, or works in collaboration 
                with, a qualifying physician, if the nurse practitioner 
                or physician assistant is required by State law to 
                prescribe medications for the treatment of opioid use 
                disorder in collaboration with or under the supervision 
                of a physician.
        The Secretary may, by regulation, revise the requirements for 
        being a qualifying other practitioner under this clause.''; and
                    (D) in subparagraph (H)--
                          (i) in clause (i), by inserting after 
                      subclause (II) the following:
            ``(III) Such other elements of the requirements under this 
        paragraph as the Secretary determines necessary for purposes of 
        implementing such requirements.''; and
                          (ii) by amending clause (ii) to read as 
                      follows:

    ``(ii) <<NOTE: Deadline.>>  Not later than 18 months after the date 
of enactment of the Opioid Use Disorder Treatment Expansion and 
Modernization Act, the Secretary shall update the treatment improvement 
protocol containing best practice guidelines for the treatment of 
opioid-dependent patients in office-based 
settings. <<NOTE: Consultation.>>  The Secretary shall update such 
protocol in consultation with experts in opioid use disorder research 
and treatment.''.
            (2) Opioid defined.--Section 102(18) of the Controlled 
        Substances Act (21 U.S.C. 802(18)) is amended by inserting ``or 
        `opioid' '' after ``The term `opiate' ''.
            (3) <<NOTE: 21 USC 823 note.>>  Reports to congress.--
                    (A) <<NOTE: Consultation.>>  In general.--Not later 
                than 3 years after the date of enactment of this Act and 
                not later than 3 years thereafter, the Secretary of 
                Health and Human Services, in consultation with the Drug 
                Enforcement Administration and experts in opioid use 
                disorder research and treatment, shall--
                          (i) perform a thorough review of the provision 
                      of opioid use disorder treatment services in the 
                      United States, including services provided in 
                      opioid treatment programs and other specialty and 
                      nonspecialty settings; and
                          (ii) submit a report to the Congress on the 
                      findings and conclusions of such review.
                    (B) <<NOTE: Assessment.>>  Contents.--Each report 
                under subparagraph (A) shall include an assessment of--
                          (i) compliance with the requirements of 
                      section 303(g)(2) of the Controlled Substances Act 
                      (21 U.S.C. 823(g)(2)), as amended by this section;
                          (ii) the measures taken by the Secretary of 
                      Health and Human Services to ensure such 
                      compliance;
                          (iii) whether there is further need to 
                      increase or decrease the number of patients a 
                      practitioner, pursuant to a waiver under section 
                      303(g)(2) of the Controlled Substances Act (21 
                      U.S.C. 823(g)(2)), is permitted to treat;
                          (iv) the extent to which, and proportions with 
                      which, the full range of Food and Drug 
                      Administration-approved treatments for opioid use 
                      disorder are used

[[Page 130 STAT. 723]]

                      in routine health care settings and specialty 
                      substance use disorder treatment settings;
                          (v) access to, and use of, counseling and 
                      recovery support services, including the 
                      percentage of patients receiving such services;
                          (vi) changes in State or local policies and 
                      legislation relating to opioid use disorder 
                      treatment;
                          (vii) the use of prescription drug monitoring 
                      programs by practitioners who are permitted to 
                      dispense narcotic drugs to individuals pursuant to 
                      a waiver described in clause (iii);
                          (viii) the findings resulting from inspections 
                      by the Drug Enforcement Administration of 
                      practitioners described in clause (vii); and
                          (ix) the effectiveness of cross-agency 
                      collaboration between Department of Health and 
                      Human Services and the Drug Enforcement 
                      Administration for expanding effective opioid use 
                      disorder treatment.

    (b) State Flexibility.--Section 303(g)(2) of the Controlled 
Substances Act (21 U.S.C. 823(g)(2)) is amended by striking 
subparagraphs (I) and (J), and inserting the following:
    ``(I) Notwithstanding section 708, nothing in this paragraph shall 
be construed to preempt any State law that--
            ``(i) permits a qualifying practitioner to dispense narcotic 
        drugs in schedule III, IV, or V, or combinations of such drugs, 
        for maintenance or detoxification treatment in accordance with 
        this paragraph to a total number of patients that is more than 
        30 or less than the total number applicable to the qualifying 
        practitioner under subparagraph (B)(iii)(II) if a State enacts a 
        law modifying such total number and the Attorney General is 
        notified by the State of such modification; or
            ``(ii) requires a qualifying practitioner to comply with 
        additional requirements relating to the dispensing of narcotic 
        drugs in schedule III, IV, or V, or combinations of such drugs, 
        including requirements relating to the practice setting in which 
        the qualifying practitioner practices and education, training, 
        and reporting requirements.''.

    (c) <<NOTE: Deadline. 21 USC 823 note.>>  Update Regulations.--Not 
later than 18 months after the date of enactment of this Act, the 
Attorney General and the Secretary of Health and Human Services, as 
appropriate, shall update regulations regarding practitioners described 
in subsection (a)(3)(B)(vii) (as amended by this section) to include 
nurse practitioners and physician assistants to ensure the quality of 
patient care and prevent diversion.

              TITLE IV--ADDRESSING COLLATERAL CONSEQUENCES

SEC. 401. GAO REPORT ON RECOVERY AND COLLATERAL CONSEQUENCES.

    (a) 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 the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives a report 
that--

[[Page 130 STAT. 724]]

            (1) describes the collateral consequences for individuals 
        with convictions for nonviolent drug-related offenses;
            (2) describes the effect of the collateral consequences 
        described in paragraph (1) on individuals in resuming their 
        personal and professional activities, especially, to the extent 
        data are available, the effect on individuals who are 
        participating in or have completed a recovery program for a 
        substance use disorder;
            (3) discusses policy bases and justifications for imposing 
        collateral consequences on individuals convicted of nonviolent 
        drug-related offenses identified under paragraph (1); and
            (4) provides perspectives on the potential for mitigating 
        the effect of the collateral consequences described in paragraph 
        (1) on individuals who are participating in or have completed a 
        recovery program, while also taking into account the policy 
        interests described in paragraph (3).

    (b) Definition.--In this section, the term ``collateral 
consequence''--
            (1) means a penalty, disability, or disadvantage imposed 
        upon an individual as a result of a criminal conviction for a 
        drug-related offense--
                    (A) automatically by operation of law; or
                    (B) by authorized action of an administrative agency 
                or court on a case-by-case basis; and
            (2) does not include a direct consequence imposed as part of 
        the judgment of a court at sentencing, including a term of 
        imprisonment or community supervision, or a fine.

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

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

    (a) General Amendments to the Residential Treatment Program for 
Pregnant and Postpartum Women.--Section 508 of the Public Health Service 
Act (42 U.S.C. 290bb-1) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by inserting ``(referred to in this 
                      section as the `Director')'' after ``Substance 
                      Abuse Treatment'';
                          (ii) by striking ``grants, cooperative 
                      agreement,'' and inserting ``grants, including the 
                      grants under subsection (r), cooperative 
                      agreements''; and
                          (iii) by striking ``for substance abuse'' and 
                      inserting ``for substance use disorders''; and
                    (B) in paragraph (1), by inserting ``or receive 
                outpatient treatment services from'' after ``reside 
                in'';
            (2) in subsection (b)(2), by inserting ``and her children'' 
        before the period at the end;
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``to the woman of 
                the services'' and inserting ``of services for the woman 
                and her children''; and
                    (B) in paragraph (2)--

[[Page 130 STAT. 725]]

                          (i) in subparagraph (A), by striking 
                      ``substance abuse'' and inserting ``substance use 
                      disorders''; and
                          (ii) in subparagraph (B), by striking ``such 
                      abuse'' and inserting ``such a disorder'';
            (4) in subsection (d)--
                    (A) in paragraph (3)(A), by striking ``maternal 
                substance abuse'' and inserting ``a maternal substance 
                use disorder'';
                    (B) by amending paragraph (4) to read as follows:
            ``(4) Providing therapeutic, comprehensive child care for 
        children during the periods in which the woman is engaged in 
        therapy or in other necessary health and rehabilitative 
        activities.'';
                    (C) in paragraphs (9), (10), and (11), by striking 
                ``women'' each place such term appears and inserting 
                ``woman'';
                    (D) in paragraph (9), by striking ``units'' and 
                inserting ``unit''; and
                    (E) in paragraph (11)--
                          (i) in subparagraph (A), by striking ``their 
                      children'' and inserting ``any child of such 
                      woman'';
                          (ii) in subparagraph (B), by striking ``; 
                      and'' and inserting a semicolon;
                          (iii) in subparagraph (C), by striking the 
                      period and inserting ``; and''; and
                          (iv) by adding at the end the following:
                    ``(D) family reunification with children in kinship 
                or foster care arrangements, where safe and 
                appropriate.'';
            (5) in subsection (e)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``substance abuse'' and inserting 
                      ``substance use disorders''; and
                          (ii) in subparagraph (B), by striking 
                      ``substance abuse'' and inserting ``substance use 
                      disorders''; and
                    (B) in paragraph (2)--
                          (i) by striking ``(A) Subject'' and inserting 
                      the following:
                    ``(A) In general.--Subject'';
                          (ii) in subparagraph (B)--
                                    (I) by striking ``(B)(i) In the 
                                case'' and inserting the following:
                    ``(B) Waiver of participation agreements.--
                          ``(i) In general.--In the case''; and
                                    (II) by striking ``(ii) A 
                                determination'' and inserting the 
                                following:
                          ``(ii) Donations.--A determination''; and
                          (iii) by striking ``(C) With respect'' and 
                      inserting the following:
                    ``(C) Nonapplication of certain requirements.--With 
                respect'';
            (6) in subsection (g)--
                    (A) by striking ``who are engaging in substance 
                abuse'' and inserting ``who have a substance use 
                disorder''; and
                    (B) by striking ``such abuse'' and inserting ``such 
                disorder'';
            (7) in subsection (j)--

[[Page 130 STAT. 726]]

                    (A) in the matter preceding paragraph (1), by 
                striking ``to on'' and inserting ``to or on''; and
                    (B) in paragraph (3), by striking ``Office for'' and 
                inserting ``Office of'';
            (8) by amending subsection (m) to read as follows:

    ``(m) Allocation of Awards.--In making awards under subsection (a), 
the Director shall give priority to an applicant that agrees to use the 
award for a program serving an area that is a rural area, an area 
designated under section 332 by the Secretary as a health professional 
shortage area, or an area determined by the Director to have a shortage 
of family-based substance use disorder treatment options.''; and
            (9) in subsection (q)--
                    (A) in paragraph (3), by striking ``funding 
                agreement under subsection (a)'' and inserting ``funding 
                agreement''; and
                    (B) in paragraph (4), by striking ``substance 
                abuse'' and inserting ``a substance use disorder''.

    (b) Reauthorization of Program.--Section 508 of the Public Health 
Service Act (42 U.S.C. 290bb-1), as amended by subsection (a), is 
further amended--
            (1) in subsection (p), in the first sentence, by inserting 
        ``(other than subsection (r))'' after ``section''; and
            (2) in subsection (r), by striking ``such sums'' and all 
        that follows through ``2003'' and inserting ``$16,900,000 for 
        each of fiscal years 2017 through 2021''.

    (c) Pilot Program Grants for State Substance Abuse Agencies.--
            (1) In general.--Section 508 of the Public Health Service 
        Act (42 U.S.C. 290bb-1), as amended by subsections (a) and (b), 
        is further amended--
                    (A) by redesignating subsection (r), as amended by 
                subsection (b), as subsection (s); and
                    (B) by inserting after subsection (q) the following 
                new subsection:

    ``(r) Pilot Program for State Substance Abuse Agencies.--
            ``(1) In general.--From amounts made available under 
        subsection (s), the Director of the Center for Substance Abuse 
        Treatment shall carry out a pilot program under which 
        competitive grants are made by the Director to State substance 
        abuse agencies--
                    ``(A) to 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) to 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 nonresidential-based settings; and
                    ``(C) to promote a coordinated, effective, and 
                efficient State system managed by State substance abuse 
                agencies by encouraging new approaches and models of 
                service delivery.
            ``(2) Requirements.--In carrying out the pilot program under 
        this subsection, the Director shall--
                    ``(A) require State substance abuse agencies to 
                submit to the Director applications, in such form and 
                manner

[[Page 130 STAT. 727]]

                and containing such information as specified by the 
                Director, to be eligible to receive a grant under the 
                program;
                    ``(B) identify, based on such submitted 
                applications, State substance abuse agencies that are 
                eligible for such grants;
                    ``(C) 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) not require that services furnished through 
                such a grant be provided solely to women that reside in 
                facilities;
                    ``(E) not require that grant recipients under the 
                program make available through use of the grant all the 
                services described in subsection (d); and
                    ``(F) consider not applying the requirements 
                described in paragraphs (1) and (2) of subsection (f) to 
                an applicant, depending on the circumstances of the 
                applicant.
            ``(3) Required services.--
                    ``(A) In general.--The Director shall specify a 
                minimum set of services required to be made available to 
                eligible women through a grant awarded under the pilot 
                program under this subsection. Such minimum set of 
                services--
                          ``(i) shall include the services requirements 
                      described in subsection (c) and be based on the 
                      recommendations submitted under subparagraph (B); 
                      and
                          ``(ii) may be selected from among the services 
                      described in subsection (d) and include other 
                      services as appropriate.
                    ``(B) <<NOTE: Recommenda- tions.>>  Stakeholder 
                input.--The Director shall convene and solicit 
                recommendations from stakeholders, including State 
                substance abuse agencies, health care providers, persons 
                in recovery from substance abuse, and other appropriate 
                individuals, for the minimum set of 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.--The Director of the Center for 
                Behavioral Health Statistics and Quality shall evaluate 
                the pilot program at the conclusion of the first grant 
                cycle funded by the pilot program.
                    ``(B) <<NOTE: Coordination.>>  Report.--The Director 
                of the Center for Behavioral Health Statistics and 
                Quality, in coordination with the Director of the Center 
                for Substance Abuse Treatment shall submit to the 
                relevant committees of jurisdiction of the House of 
                Representatives and the Senate a report on the 
                evaluation under subparagraph (A). The report shall 
                include, at a minimum--
                          ``(i) outcomes information from the pilot 
                      program, including any resulting reductions in the 
                      use of alcohol and other drugs;
                          ``(ii) engagement in treatment services;
                          ``(iii) retention in the appropriate level and 
                      duration of services;

[[Page 130 STAT. 728]]

                          ``(iv) increased access to the use of 
                      medications approved by the Food and Drug 
                      Administration for the treatment of substance use 
                      disorders in combination with counseling; and
                          ``(v) other appropriate measures.
                    ``(C) Recommendation.--The report under subparagraph 
                (B) shall include a recommendation by the Director of 
                the Center for Substance Abuse Treatment as to whether 
                the pilot program under this subsection should be 
                extended.
            ``(6) State substance abuse agencies defined.--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 
        under part B of title XIX.''.
            (2) Funding.--Subsection (s) of section 508 of the Public 
        Health Service Act (42 U.S.C. 290bb-1), as amended by subsection 
        (a) and redesignated by paragraph (1), is further amended by 
        adding at the end the following new sentences: ``Of the amounts 
        made available for a year pursuant to the previous sentence to 
        carry out this section, not more than 25 percent of such amounts 
        shall be made available for such year to carry out subsection 
        (r), other than paragraph (5) of such subsection. 
        Notwithstanding the preceding sentence, no funds shall be made 
        available to carry out subsection (r) for a fiscal year unless 
        the amount made available to carry out this section for such 
        fiscal year is more than the amount made available to carry out 
        this section for fiscal year 2016.''.
SEC. 502. VETERANS TREATMENT COURTS.

    Section 2991 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797aa) is amended--
            (1) by redesignating subsection (i) as subsection (j); and
            (2) by inserting after subsection (h) the following:

    ``(i) Assisting Veterans.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Peer-to-peer services or programs.--The term 
                `peer-to-peer services or programs' means services or 
                programs that connect qualified veterans with other 
                veterans for the purpose of providing support and 
                mentorship to assist qualified veterans in obtaining 
                treatment, recovery, stabilization, or rehabilitation.
                    ``(B) Qualified veteran.--The term `qualified 
                veteran' means a preliminarily qualified offender who--
                          ``(i) served on active duty in any branch of 
                      the Armed Forces, including the National Guard or 
                      Reserves; and
                          ``(ii) was discharged or released from such 
                      service under conditions other than dishonorable, 
                      unless the reason for the dishonorable discharge 
                      was attributable to a substance abuse disorder.
                    ``(C) Veterans treatment court program.--The term 
                `veterans treatment court program' means a court program 
                involving collaboration among criminal justice, 
                veterans, and mental health and substance abuse agencies 
                that provides qualified veterans with--

[[Page 130 STAT. 729]]

                          ``(i) intensive judicial supervision and case 
                      management, which may include random and frequent 
                      drug testing where appropriate;
                          ``(ii) a full continuum of treatment services, 
                      including mental health services, substance abuse 
                      services, medical services, and services to 
                      address trauma;
                          ``(iii) alternatives to incarceration; or
                          ``(iv) other appropriate services, including 
                      housing, transportation, mentoring, employment, 
                      job training, education, or assistance in applying 
                      for and obtaining available benefits.
            ``(2) Veterans assistance program.--
                    ``(A) <<NOTE: Consultation.>>  In general.--The 
                Attorney General, in consultation with the Secretary of 
                Veterans Affairs, may award grants under this subsection 
                to applicants to establish or expand--
                          ``(i) veterans treatment court programs;
                          ``(ii) peer-to-peer services or programs for 
                      qualified veterans;
                          ``(iii) practices that identify and provide 
                      treatment, rehabilitation, legal, transitional, 
                      and other appropriate services to qualified 
                      veterans who have been incarcerated; or
                          ``(iv) training programs to teach criminal 
                      justice, law enforcement, corrections, mental 
                      health, and substance abuse personnel how to 
                      identify and appropriately respond to incidents 
                      involving qualified veterans.
                    ``(B) Priority.--In awarding grants under this 
                subsection, the Attorney General shall give priority to 
                applications that--
                          ``(i) demonstrate collaboration between and 
                      joint investments by criminal justice, mental 
                      health, substance abuse, and veterans service 
                      agencies;
                          ``(ii) promote effective strategies to 
                      identify and reduce the risk of harm to qualified 
                      veterans and public safety; and
                          ``(iii) propose interventions with empirical 
                      support to improve outcomes for qualified 
                      veterans.''.
SEC. 503. INFANT PLAN OF SAFE CARE.

    (a) Best Practices for Development of Plans of Safe Care.--Section 
103(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
5104(b)) is amended--
            (1) by redesignating paragraphs (5) through (8) as 
        paragraphs (6) through (9), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) maintain and disseminate information about the 
        requirements of section 106(b)(2)(B)(iii) and best practices 
        relating to the development of plans of safe care as described 
        in such section for infants born and identified as being 
        affected by substance abuse or withdrawal symptoms, or a Fetal 
        Alcohol Spectrum Disorder;''.

    (b) State Plans.--Section 106(b)(2)(B) of the Child Abuse Prevention 
and Treatment Act (42 U.S.C. 5106a(b)(2)(B)) is amended--

[[Page 130 STAT. 730]]

            (1) in clause (ii), by striking ``illegal substance abuse'' 
        and inserting ``substance abuse''; and
            (2) in clause (iii)--
                    (A) by striking ``illegal substance abuse'' and 
                inserting ``substance abuse''; and
                    (B) by inserting before the semicolon at the end the 
                following: ``to ensure the safety and well-being of such 
                infant following release from the care of health care 
                providers, including through--
                          ``(I) addressing the health and substance use 
                      disorder treatment needs of the infant and 
                      affected family or caregiver; and
                          ``(II) the development and implementation by 
                      the State of monitoring systems regarding the 
                      implementation of such plans to determine whether 
                      and in what manner local entities are providing, 
                      in accordance with State requirements, referrals 
                      to and delivery of appropriate services for the 
                      infant and affected family or caregiver''.

    (c) Data Reports.--
            (1) In general.--Section 106(d) of the Child Abuse 
        Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by 
        adding at the end of the following:
            ``(17) The number of infants--
                    ``(A) identified under subsection (b)(2)(B)(ii);
                    ``(B) for whom a plan of safe care was developed 
                under subsection (b)(2)(B)(iii); and
                    ``(C) for whom a referral was made for appropriate 
                services, including services for the affected family or 
                caregiver, under subsection (b)(2)(B)(iii).''.
            (2) <<NOTE: Effective date. 42 USC 5106a note.>>  
        Redesignation.--Effective on May 29, 2017, section 106(d) of the 
        Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is 
        amended by redesignating paragraph (17) (as added by paragraph 
        (1)) as paragraph (18).

    (d) Monitoring and Oversight.--
            (1) Amendment.--Title I of the Child Abuse Prevention and 
        Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding at 
        the end the following:
``SEC. 114. <<NOTE: 42 USC 5108.>>  MONITORING AND OVERSIGHT.

    ``The Secretary shall conduct monitoring to ensure that each State 
that receives a grant under section 106 is in compliance with the 
requirements of section 106(b), which--
            ``(1) shall--
                    ``(A) be in addition to the review of the State plan 
                upon its submission under section 106(b)(1)(A); and
                    ``(B) include monitoring of State policies and 
                procedures required under clauses (ii) and (iii) of 
                section 106(b)(2)(B); and
            ``(2) may include--
                    ``(A) a comparison of activities carried out by the 
                State to comply with the requirements of section 106(b) 
                with the State plan most recently approved under section 
                432 of the Social Security Act;
                    ``(B) a review of information available on the 
                website of the State relating to its compliance with the 
                requirements of section 106(b);

[[Page 130 STAT. 731]]

                    ``(C) site visits, as may be necessary to carry out 
                such monitoring; and
                    ``(D) a review of information available in the 
                State's Annual Progress and Services Report most 
                recently submitted under section 1357.16 of title 45, 
                Code of Federal Regulations (or successor 
                regulations).''.
            (2) Table of contents.--The table of contents in section 
        1(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
        5101 note) is amended by inserting after the item relating to 
        section 113, the following:

``Sec. 114. Monitoring and oversight.''.

    (e) <<NOTE: 42 USC 5106a note.>>  Rule of Construction.--Nothing in 
this section, or the amendments made by this section, shall be construed 
to authorize the Secretary of Health and Human Services or any other 
officer of the Federal Government to add new requirements to section 
106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 
5106a(b)), as amended by this section.
SEC. 504. GAO REPORT ON NEONATAL ABSTINENCE SYNDROME (NAS).

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Finance and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report on 
neonatal abstinence syndrome (in this section referred to as ``NAS'') in 
the United States.
    (b) Information To Be Included in Report.--Such report shall include 
information on the following:
            (1) The prevalence of NAS in the United States, including 
        the proportion of children born in the United States with NAS 
        who are eligible for medical assistance under State Medicaid 
        programs under title XIX of the Social Security Act (42 U.S.C. 
        1396 et seq.) at birth, and the costs associated with coverage 
        under such programs for treatment of infants with NAS.
            (2) The services for which coverage is available under State 
        Medicaid programs for treatment of infants with NAS.
            (3) The settings (including inpatient, outpatient, hospital-
        based, and other settings) for the treatment of infants with NAS 
        and the reimbursement methodologies and costs associated with 
        such treatment in such settings.
            (4) The prevalence of utilization of various care settings 
        under State Medicaid programs for treatment of infants with NAS 
        and any Federal barriers to treating such infants under such 
        programs, particularly in non-hospital-based settings.
            (5) What is known about best practices for treating infants 
        with NAS.

    (c) Recommendations.--Such report also shall include such 
recommendations as the Comptroller General determines appropriate for 
improvements that will ensure access to treatment for infants with NAS 
under State Medicaid programs.

[[Page 130 STAT. 732]]

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

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

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.), as amended by section 302, is further amended by adding at the 
end the following:
``SEC. 548. <<NOTE: 42 USC 290ee-3.>>  STATE DEMONSTRATION GRANTS 
                        FOR COMPREHENSIVE OPIOID ABUSE RESPONSE.

    ``(a) Definitions.--In this section:
            ``(1) Dispenser.--The term `dispenser' has the meaning given 
        the term in section 102 of the Controlled Substances Act (21 
        U.S.C. 802).
            ``(2) Prescriber.--The term `prescriber' means a dispenser 
        who prescribes a controlled substance, or the agent of such a 
        dispenser.
            ``(3) Prescriber of a schedule ii, iii, or iv controlled 
        substance.--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 Secretary may 
                reasonably determine.
            ``(4) Schedule ii, iii, or iv controlled substance.--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.

    ``(b) Grants for Comprehensive Opioid Abuse Response.--
            ``(1) In general.--The Secretary shall award grants to 
        States, and combinations of States, to implement an integrated 
        opioid abuse response initiative.
            ``(2) <<NOTE: Response plan.>>  Purposes.--A State receiving 
        a grant under this section shall establish a comprehensive 
        response plan to opioid abuse, which may include--
                    ``(A) education efforts around opioid use, 
                treatment, and addiction recovery, including education 
                of residents, medical students, and physicians and other 
                prescribers of schedule II, III, or IV controlled 
                substances on relevant prescribing guidelines, the 
                prescription drug monitoring program of the State 
                described in subparagraph (B), and overdose prevention 
                methods;
                    ``(B) establishing, maintaining, or improving a 
                comprehensive prescription drug monitoring program to 
                track dispensing of schedule II, III, or IV controlled 
                substances, which may--

[[Page 130 STAT. 733]]

                          ``(i) provide for data sharing with other 
                      States; and
                          ``(ii) allow all individuals authorized by the 
                      State to write prescriptions for schedule II, III, 
                      or IV controlled substances to access the 
                      prescription drug monitoring program of the State;
                    ``(C) developing, implementing, or expanding 
                prescription drug and opioid addiction treatment 
                programs by--
                          ``(i) expanding the availability of treatment 
                      for prescription drug and opioid addiction, 
                      including medication-assisted treatment and 
                      behavioral health therapy, as appropriate;
                          ``(ii) developing, implementing, or expanding 
                      screening for individuals in treatment for 
                      prescription drug and opioid addiction for 
                      hepatitis C and HIV, and treating or referring 
                      those individuals if clinically appropriate; or
                          ``(iii) developing, implementing, or expanding 
                      recovery support services and programs at high 
                      schools or institutions of higher education;
                    ``(D) developing, implementing, and expanding 
                efforts to prevent overdose death from opioid abuse or 
                addiction to prescription medications and opioids; and
                    ``(E) advancing the education and awareness of the 
                public, providers, patients, consumers, and other 
                appropriate entities regarding the dangers of opioid 
                abuse, safe disposal of prescription medications, and 
                detection of early warning signs of opioid use 
                disorders.
            ``(3) Application.--A State seeking a grant under this 
        section shall submit to the Secretary an application in such 
        form, and containing such information, as the Secretary may 
        reasonably require.
            ``(4) Use of funds.--A State that receives a grant under 
        this section shall use the grant for the cost, including the 
        cost for technical assistance, training, and administration 
        expenses, of carrying out an integrated opioid abuse response 
        initiative as outlined by the State's comprehensive response 
        plan to opioid abuse established under paragraph (2).
            ``(5) Priority considerations.--In awarding grants under 
        this section, the Secretary shall, as appropriate, 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 
                administering a drug or device approved or cleared under 
                the Federal Food, Drug, and Cosmetic Act for emergency 
                treatment of known or suspected opioid overdose; and
                    ``(ii) <<NOTE: Certification.>>  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--
                                    ``(aa) have received appropriate 
                                training in administering a drug or 
                                device approved or cleared under the 
                                Federal Food, Drug, and Cosmetic Act

[[Page 130 STAT. 734]]

                                for emergency treatment of known or 
                                suspected opioid overdose; and
                                    ``(bb) may administer a drug or 
                                device approved or cleared under the 
                                Federal Food, Drug, and Cosmetic Act for 
                                emergency treatment of known or 
                                suspected opioid overdose; and
                          ``(II) concluded that the law described in 
                      subclause (I) provides adequate civil liability 
                      protection applicable to such persons;
                    ``(B) 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;
                    ``(C) ensures the capability of data sharing with 
                other States, where applicable, such as by making data 
                available to a prescription monitoring hub;
                    ``(D) <<NOTE: Records.>>  ensures that data recorded 
                in the prescription drug monitoring program database of 
                the State are regularly updated, to the extent possible;
                    ``(E) <<NOTE: Notification.>>  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; and
                    ``(F) has in effect one or more statutes or 
                implements policies that maximize use of prescription 
                drug monitoring programs by individuals authorized by 
                the State to prescribe schedule II, III, or IV 
                controlled substances.
            ``(6) <<NOTE: Reports.>>  Evaluation.--In conducting an 
        evaluation of the program under this section pursuant to section 
        701 of the Comprehensive Addiction and Recovery Act of 2016, 
        with respect to a State, the Secretary shall report on State 
        legislation or policies related to maximizing the use of 
        prescription drug monitoring programs and the incidence of 
        opioid use disorders and overdose deaths in such State.
            ``(7) States with local prescription drug monitoring 
        programs.--
                    ``(A) In general.--In the case of a State that does 
                not have a prescription drug monitoring program, a 
                county or other unit of local government within the 
                State that has a prescription drug monitoring program 
                shall be treated as a State for purposes of this 
                section, including for purposes of eligibility for 
                grants under paragraph (1).
                    ``(B) <<NOTE: Records.>>  Plan for 
                interoperability.--In submitting an application to the 
                Secretary under paragraph (3), a county or other unit of 
                local government shall submit a plan outlining the 
                methods such county or unit of local government shall 
                use to ensure the capability of data sharing with other 
                counties and units of local government within the state 
                and with other States, as applicable.

    ``(c) Authorization of Funding.--For the purpose of carrying out 
this section, there are authorized to be appropriated $5,000,000 for 
each of fiscal years 2017 through 2021.''.

[[Page 130 STAT. 735]]

                        TITLE VII--MISCELLANEOUS

SEC. 701. GRANT ACCOUNTABILITY AND EVALUATIONS.

    (a) Department of Justice Grant Accountability.--Part LL of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3711 et seq.), as added by section 201, is amended by adding at the end 
the following:
``SEC. 3026. <<NOTE: 42 USC 3797ff-5.>>  GRANT ACCOUNTABILITY.

    ``(a) Definition of Applicable Committees.--In this section, the 
term `applicable committees' means--
            ``(1) the Committee on the Judiciary of the Senate; and
            ``(2) the Committee on the Judiciary of the House of 
        Representatives.

    ``(b) Accountability.--All grants awarded by the Attorney General 
under this part shall be subject to the following accountability 
provisions:
            ``(1) <<NOTE: Time periods.>>  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 the Department 
                of Justice 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) <<NOTE: Effective date.>>  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 the Department of 
                Justice shall conduct audits of recipients of grants 
                awarded by the Attorney General 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, 
                the Attorney General 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 Attorney General 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.--

[[Page 130 STAT. 736]]

                    ``(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 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 may not--
                          ``(i) be party to a contract entered into 
                      under section 3021(b); or
                          ``(ii) receive a subaward under section 
                      3021(b).
                    ``(C) <<NOTE: Contracts.>>  Disclosure.--Each 
                nonprofit organization that receives a subaward or is 
                party to a contract entered into under section 3021(b) 
                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, in the application 
                for such contract or subaward, 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. <<NOTE: Public information.>>  Upon request, 
                the Attorney General shall make the information 
                disclosed under this subparagraph available for public 
                inspection.
            ``(3) Conference expenditures.--
                    ``(A) Limitation.--No amounts made available to the 
                Attorney General under this part may be used by the 
                Attorney General, or by any State, unit of local 
                government, or entity awarded a grant, subaward, or 
                contract under this part, to host or support any 
                expenditure for conferences that uses more than $20,000 
                in funds made available by the Attorney General, unless 
                the head of the relevant agency, bureau, or program 
                office provides prior written authorization that the 
                funds may be expended to host or support the conference.
                    ``(B) <<NOTE: Cost estimate.>>  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.--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.
            ``(4) <<NOTE: Effective date.>>  Annual certification.--
        Beginning in the first fiscal year beginning after the date of 
        enactment of this section, the Attorney General shall submit to 
        the applicable committees an annual certification--
                    ``(A) indicating whether--
                          ``(i) <<NOTE: Audits.>>  all audits issued by 
                      the Inspector General of the Department of Justice 
                      under paragraph (1) have been completed and 
                      reviewed by the appropriate Assistant Attorney 
                      General or Director;

[[Page 130 STAT. 737]]

                          ``(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) <<NOTE: List.>>  that includes a list of any 
                grant recipients excluded under paragraph (1) from the 
                previous year.

    ``(c) Preventing Duplicative Grants.--
            ``(1) <<NOTE: Determination.>>  In general.--Before the 
        Attorney General awards a grant to an applicant under this part, 
        the Attorney General shall compare potential grant awards with 
        other grants awarded under this part by the Attorney General to 
        determine if duplicate grant awards are awarded for the same 
        purpose.
            ``(2) Report.--If the Attorney General awards duplicate 
        grants under this part to the same applicant for the same 
        purpose, the Attorney General shall submit to the applicable 
        committees a report that includes--
                    ``(A) <<NOTE: List.>>  a list of all duplicate 
                grants awarded under this part, including the total 
                dollar amount of any duplicate grants awarded; and
                    ``(B) the reason the Attorney General awarded the 
                duplicate grants.''.

    (b) <<NOTE: Deadlines. 42 USC 3797ff-6.>>  Evaluation of Performance 
of Department of Justice Programs.--
            (1) Evaluation of justice department comprehensive opioid 
        abuse grant program.--Not later than 5 years after the date of 
        enactment of this Act, the Attorney General shall complete an 
        evaluation of the effectiveness of the Comprehensive Opioid 
        Abuse Grant Program under part LL of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968, as added by section 
        201, administered by the Department of Justice based upon the 
        information reported under paragraph (4).
            (2) <<NOTE: Assessment.>>  Interim evaluation.--Not later 
        than 3 years after the date of enactment of this Act, the 
        Attorney General shall complete an interim evaluation assessing 
        the nature and extent of the incidence of opioid abuse and 
        illegal opioid distribution in the United States.
            (3) <<NOTE: Determination.>>  Metrics and outcomes for 
        evaluation.--Not later than 180 days after the date of enactment 
        of this Act, the Attorney General shall identify outcomes that 
        are to be achieved by activities funded by the Comprehensive 
        Opioid Abuse Grant Program and the metrics by which the 
        achievement of such outcomes shall be determined.
            (4) <<NOTE: Reports.>>  Metrics data collection.--The 
        Attorney General shall require grantees under the Comprehensive 
        Opioid Abuse Grant Program (and those receiving subawards under 
        section 3021(b) of part LL of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968, as added by section 201) 
        to collect and annually report to the Department of Justice data 
        based upon the metrics identified under paragraph (3).
            (5) Publication of data and findings.--
                    (A) Publication of outcomes and metrics.--The 
                Attorney General shall, not later than 30 days after 
                completion of the requirement under paragraph (3), 
                publish the outcomes and metrics identified under that 
                paragraph.
                    (B) <<NOTE: Reports.>>  Publication of evaluation.--
                In the case of the interim evaluation under paragraph 
                (2), and the final

[[Page 130 STAT. 738]]

                evaluation under paragraph (1), the entity conducting 
                the evaluation shall, not later than 90 days after such 
                an evaluation is completed, publish the results of such 
                evaluation and issue a report on such evaluation to the 
                Committee on the Judiciary of the House of 
                Representatives and the Committee on the Judiciary of 
                the Senate. Such report shall also be published along 
                with the data used to make such evaluation.
            (6) <<NOTE: Contracts.>>  Independent evaluation.--For 
        purposes of paragraphs (1), (2), and (3), the Attorney General 
        shall--
                    (A) enter into an arrangement with the National 
                Academy of Sciences; or
                    (B) enter into a contract or cooperative agreement 
                with an entity that is not an agency of the Federal 
                Government, and is qualified to conduct and evaluate 
                research pertaining to opioid use and abuse, and draw 
                conclusions about overall opioid use and abuse on the 
                basis of that research.

    (c) <<NOTE: 42 USC 290aa-15.>>  Department of Health and Human 
Services Grant Accountability.--
            (1) Definitions.--In this subsection:
                    (A) Applicable committees.--The term ``applicable 
                committees'' 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) Covered grant.--The term ``covered grant'' means 
                a grant awarded by the Secretary under a program 
                established under this Act (or an amendment made by this 
                Act, other than sections 703 through 707), including any 
                grant administered by the Administrator of the Substance 
                Abuse and Mental Health Services Administration under 
                section 103.
                    (C) Grantee.--The term ``grantee'' means the 
                recipient of a covered grant.
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of Health and Human Services.
            (2) Accountability measures.--Each covered grant shall be 
        subject to the following accountability requirements:
                    (A) Effectiveness report.--The Secretary shall 
                require grantees to report on the effectiveness of the 
                activities carried out with amounts made available to 
                carry out the program under which the covered grant is 
                awarded, including the number of persons served by such 
                grant, if applicable, the number of persons seeking 
                services who could not be served by such grant, and such 
                other information as the Secretary may prescribe.
                    (B) Report on prevention of fraud, waste, and 
                abuse.--
                          (i) <<NOTE: Coordination.>>  In general.--Not 
                      later than 1 year after the date of the enactment 
                      of this Act, the Secretary, in coordination with 
                      the Inspector General of the Department of Health 
                      and Human Services, shall submit to the applicable 
                      committees a report on the policies and procedures 
                      the Department has in place to prevent waste, 
                      fraud, and abuse in the administration of covered 
                      grants.

[[Page 130 STAT. 739]]

                          (ii) Contents.--The policies and procedures 
                      referred to in clause (i) shall include policies 
                      and procedures that are designed to--
                                    (I) prevent grantees from utilizing 
                                funds awarded through a covered grant 
                                for unauthorized expenditures or 
                                otherwise unallowable costs; and
                                    (II) ensure grantees will not 
                                receive unwarranted duplicate grants for 
                                the same purpose.
                    (C) Conference expenditures.--
                          (i) In general.--No amounts made available to 
                      the Secretary under this Act (or in a provision of 
                      law amended by this Act, other than sections 703 
                      through 707) may be used by the Secretary, or by 
                      any individual or entity awarded discretionary 
                      funds through a cooperative agreement under a 
                      program established under this Act (or in a 
                      provision of law amended by this Act), to host or 
                      support any expenditure for conferences that uses 
                      more than $20,000 in funds made available by the 
                      Secretary, unless the head of the relevant 
                      operating division or program office provides 
                      prior written authorization that the funds may be 
                      expended to host or support the conference. Such 
                      written <<NOTE: Cost estimate.>>  authorization 
                      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.
                          (ii) Report.--The Secretary (or the 
                      Secretary's designee) shall submit to the 
                      applicable committees an annual report on all 
                      conference expenditures approved by the Secretary 
                      under this subparagraph.

    (d) <<NOTE: Deadlines. 42 USC 290aa-16.>>  Evaluation of Performance 
of Department of Health and Human Services Programs.--
            (1) Evaluations.--
                    (A) In general.--Not later than 5 years after the 
                date of enactment of this Act, except as otherwise 
                provided in this section, the Secretary of Health and 
                Human Services (in this subsection referred to as the 
                ``Secretary'') shall complete an evaluation of any 
                program administered by the Secretary included in this 
                Act (or an amendment made by this Act, excluding 
                sections 703 through 707), including any grant 
                administered by the Administrator of the Substance Abuse 
                and Mental Health Services Administration under section 
                103, that provides grants for the primary purpose of 
                providing assistance in addressing problems pertaining 
                to opioid abuse based upon the outcomes and metrics 
                identified under paragraph (2).
                    (B) Publication.--With respect to each evaluation 
                completed under subparagraph (A), the Secretary shall, 
                not later than 90 days after the date on which such 
                evaluation is completed, publish the results of such 
                evaluation and issue a report on such evaluation to the 
                appropriate committees. Such report shall also be 
                published along with the data used to make such 
                evaluation.
            (2) Metrics and outcomes.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary shall 
                identify--

[[Page 130 STAT. 740]]

                          (i) outcomes that are to be achieved by 
                      activities funded by the programs described in 
                      paragraph (1)(A); and
                          (ii) <<NOTE: Determination.>>  the metrics by 
                      which the achievement of such outcomes shall be 
                      determined.
                    (B) Publication.--The Secretary shall, not later 
                than 30 days after completion of the requirement under 
                subparagraph (A), publish the outcomes and metrics 
                identified under such subparagraph.
            (3) <<NOTE: Reports.>>  Metrics data collection.--The 
        Secretary shall require grantees under the programs described in 
        paragraph (1)(A) to collect, and annually report to the 
        Secretary, data based upon the metrics identified under 
        paragraph (2)(A).
            (4) <<NOTE: Contracts.>>  Independent evaluation.--For 
        purposes of paragraph (1), the Secretary shall--
                    (A) enter into an arrangement with the National 
                Academy of Sciences; or
                    (B) enter into a contract or cooperative agreement 
                with an entity that--
                          (i) is not an agency of the Federal 
                      Government; and
                          (ii) is qualified to conduct and evaluate 
                      research pertaining to opioid use and abuse and 
                      draw conclusions about overall opioid use and 
                      abuse on the basis of that research.
            (5) Exception.--If a program described in paragraph (1)(A) 
        is subject to an evaluation similar to the evaluation required 
        under such paragraph pursuant to another provision of Federal 
        law, the Secretary may opt not to conduct an evaluation under 
        such paragraph with respect to such program.

    (e) <<NOTE: 42 USC 290aa-15 note.>>  Additional Report.--In the case 
of a report submitted under subsection (c) to the applicable committees, 
if such report pertains to a grant under section 103, that report shall 
also be submitted, in the same manner and at the same time, to the 
Committee on Oversight and Government Reform of the House of 
Representatives and to the Committee on the Judiciary of the Senate.

    (f) No Additional Funds Authorized.--No additional funds are 
authorized to be appropriated to carry out this section.
SEC. 702. PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES.

    (a) In General.--Section 309 of the Controlled Substances Act (21 
U.S.C. 829) is amended by adding at the end the following:
    ``(f) Partial Fills of Schedule II Controlled Substances.--
            ``(1) Partial fills.--A prescription for a controlled 
        substance in schedule II may be partially filled if--
                    ``(A) it is not prohibited by State law;
                    ``(B) the prescription is written and filled in 
                accordance with this title, regulations prescribed by 
                the Attorney General, and State law;
                    ``(C) the partial fill is requested by the patient 
                or the practitioner that wrote the prescription; and
                    ``(D) the total quantity dispensed in all partial 
                fillings does not exceed the total quantity prescribed.
            ``(2) Remaining portions.--

[[Page 130 STAT. 741]]

                    ``(A) In general.--Except as provided in 
                subparagraph (B), remaining portions of a partially 
                filled prescription for a controlled substance in 
                schedule II--
                          ``(i) may be filled; and
                          ``(ii) <<NOTE: Deadline.>>  shall be filled 
                      not later than 30 days after the date on which the 
                      prescription is written.
                    ``(B) Emergency situations.--In emergency 
                situations, as described in subsection (a), the 
                remaining portions of a partially filled prescription 
                for a controlled substance in schedule II--
                          ``(i) may be filled; and
                          ``(ii) <<NOTE: Deadline.>>  shall be filled 
                      not later than 72 hours after the prescription is 
                      issued.
            ``(3) Currently lawful partial fills.--Notwithstanding 
        paragraph (1) or (2), in any circumstance in which, as of the 
        day before the date of enactment of this subsection, a 
        prescription for a controlled substance in schedule II may be 
        lawfully partially filled, the Attorney General may allow such a 
        prescription to be partially filled.''.

    (b) <<NOTE: 21 USC 829 note.>>  Rule of Construction.--Nothing in 
this section shall be construed to affect the authority of the Attorney 
General to allow a prescription for a controlled substance in schedule 
III, IV, or V of section 202(c) of the Controlled Substances Act (21 
U.S.C. 812(c)) to be partially filled.
SEC. 703. GOOD SAMARITAN ASSESSMENT.

    (a) Finding.--The Congress finds that the executive branch, 
including the Office of National Drug Control Policy, has a policy focus 
on preventing and addressing prescription drug misuse and heroin use, 
and has worked with States and municipalities to enact Good Samaritan 
laws that would protect caregivers, law enforcement personnel, and first 
responders who administer opioid overdose reversal drugs or devices.
    (b) <<NOTE: Reports.>>  GAO Study on Good Samaritan Laws Pertaining 
to Treatment of Opioid Overdoses.--The Comptroller General of the United 
States shall submit to the Committee on the Judiciary of the House of 
Representatives, the Committee on Oversight and Government Reform of the 
House of Representatives, the Committee on the Judiciary of the Senate, 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on--
            (1) the extent to which the Director of National Drug 
        Control Policy has reviewed Good Samaritan laws, and any 
        findings from such a review, including findings related to the 
        potential effects of such laws, if available;
            (2) efforts by the Director to encourage the enactment of 
        Good Samaritan laws; and
            (3) a compilation of Good Samaritan laws in effect in the 
        States, the territories, and the District of Columbia.

    (c) Definitions.--In this section--
            (1) the term ``Good Samaritan law'' means a law of a State 
        or unit of local government that exempts from criminal or civil 
        liability any individual who administers an opioid overdose 
        reversal drug or device, or who contacts emergency services 
        providers in response to an overdose; and
            (2) the term ``opioid'' means any drug, including heroin, 
        having an addiction-forming or addiction-sustaining liability

[[Page 130 STAT. 742]]

        similar to morphine or being capable of conversion into a drug 
        having such addiction-forming or addiction-sustaining liability.
SEC. 704. PROGRAMS TO PREVENT PRESCRIPTION DRUG ABUSE UNDER 
                        MEDICARE PARTS C AND D.

    (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-10(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 
                one or more prescribers selected under subparagraph (D), 
                and dispensed for such beneficiary by one or more 
                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) <<NOTE: Verification.>>  
                                verifies with the providers of the 
                                beneficiary that the beneficiary is an 
                                at-risk beneficiary for prescription 
                                drug abuse.
                          ``(ii) Initial notice.--An initial 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 describing all 
                                State and Federal public health 
                                resources that are designed to address 
                                prescription drug abuse to which the 
                                beneficiary has access, including mental 
                                health services and other counseling 
                                services;
                                    ``(III) notice of, and information 
                                about, the right of the beneficiary to 
                                appeal such identification under 
                                subsection (h) and the option of an 
                                automatic escalation to external review;
                                    ``(IV) 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);

[[Page 130 STAT. 743]]

                                    ``(V) 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);
                                    ``(VI) 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; and
                                    ``(VII) contact information for 
                                other organizations that can provide the 
                                beneficiary with assistance regarding 
                                such drug management program (similar to 
                                the information provided by the 
                                Secretary in other standardized notices 
                                provided to part D eligible individuals 
                                enrolled in prescription drug plans 
                                under this part).
                          ``(iii) Second notice.--A second 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 is 
                                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 (or 
                                prescribers) and pharmacy (or 
                                pharmacies) selected for such individual 
                                under subparagraph (D);
                                    ``(IV) of, and information about, 
                                the beneficiary's right to appeal such 
                                identification under subsection (h) and 
                                the option of an automatic escalation to 
                                external review;
                                    ``(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.
                          ``(iv) Timing of notices.--
                                    ``(I) In general.--Subject to 
                                subclause (II), a second 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) <<NOTE: Determination. Regulations
                                .>>  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

[[Page 130 STAT. 744]]

                                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 
                                (I), the PDP sponsor may provide such 
                                second notice on such earlier date.
                    ``(C) At-risk beneficiary for prescription drug 
                abuse.--
                          ``(i) <<NOTE: Definition.>>  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) <<NOTE: Guidelines. Consultation.>> 
                                 who is identified as such an at-risk 
                                beneficiary through the use of clinical 
                                guidelines that indicate misuse or abuse 
                                of prescription drugs described in 
                                subparagraph (G) and that are developed 
                                by the Secretary in consultation with 
                                PDP sponsors and other stakeholders, 
                                including individuals entitled to 
                                benefits under part A or enrolled under 
                                part B, advocacy groups representing 
                                such individuals, physicians, 
                                pharmacists, and other clinicians, 
                                retail pharmacies, plan sponsors, 
                                entities delegated by plan sponsors, and 
                                biopharmaceutical manufacturers; 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 the prescription drug plan in 
                                which such individual was most recently 
                                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) is a resident of a long-term 
                                care facility, of a facility described 
                                in section 1905(d), or of another 
                                facility for which frequently abused 
                                drugs are dispensed for residents 
                                through a contract with a single 
                                pharmacy; or
                                    ``(III) the Secretary elects to 
                                treat as an exempted individual for 
                                purposes of clause (i).
                          ``(iii) <<NOTE: Guidelines.>>  Program size.--
                      The Secretary shall establish policies, including 
                      the guidelines 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

[[Page 130 STAT. 745]]

                      regarding whether prescribed medications are 
                      appropriate for such beneficiary's medical 
                      conditions.
                    ``(D) Selection of prescribers and pharmacies.--
                          ``(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)(IV) and 
                      (iii)(V) of subparagraph (B) (except as otherwise 
                      provided in this subparagraph) 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.
                      For purposes of subclause (II), in the case of a 
                      pharmacy that has multiple locations that share 
                      real-time electronic data, all such locations of 
                      the pharmacy shall collectively be treated as one 
                      pharmacy.
                          ``(ii) Reasonable access.--In making the 
                      selections under this subparagraph--
                                    ``(I) a PDP sponsor shall ensure 
                                that the beneficiary continues to have 
                                reasonable access to frequently abused 
                                drugs (as defined in subparagraph (G)), 
                                taking into account geographic location, 
                                beneficiary preference, impact on 
                                costsharing, and reasonable travel time; 
                                and
                                    ``(II) a PDP sponsor shall ensure 
                                such access (including access to 
                                prescribers and pharmacies with respect 
                                to frequently abused drugs) in the case 
                                of individuals with multiple residences, 
                                in the case of natural disasters and 
                                similar situations, and in the case of 
                                the provision of emergency services.
                          ``(iii) Beneficiary preferences.--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--
                                    ``(I) <<NOTE: Review.>>  review such 
                                preferences;
                                    ``(II) select or change the 
                                selection of prescribers and pharmacies 
                                for the beneficiary based on such 
                                preferences; and
                                    ``(III) inform the beneficiary of 
                                such selection or change of selection.
                          ``(iv) Exception regarding beneficiary 
                      preferences.--In the 
                      case <<NOTE: Determination.>>  that the PDP 
                      sponsor determines that a change to the selection 
                      of prescriber or pharmacy under clause (iii)(II) 
                      by the PDP sponsor

[[Page 130 STAT. 746]]

                      is contributing or would contribute to 
                      prescription drug abuse or drug diversion by the 
                      beneficiary, the PDP sponsor may change the 
                      selection of prescriber or pharmacy for the 
                      beneficiary without regard to the preferences of 
                      the beneficiary described in clause (iii). If the 
                      PDP sponsor changes the selection pursuant to the 
                      preceding sentence, the PDP sponsor shall provide 
                      the beneficiary with--
                                    ``(I) <<NOTE: Time 
                                period. Notice.>>  at least 30 days 
                                written notice of the change of 
                                selection; and
                                    ``(II) a rationale for the change.
                          ``(v) <<NOTE: Notification.>>  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) Terminations and 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, the selection of prescriber or 
                pharmacy under subparagraph (D), and information to be 
                shared under subparagraph (I), with respect to such 
                individual, shall be subject to reconsideration and 
                appeal under subsection (h) and the option of an 
                automatic escalation to external review to the extent 
                provided by the Secretary.
                    ``(F) Termination of identification.--
                          ``(i) <<NOTE: Standards.>>  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); and
                                    ``(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) <<NOTE: Definition.>>  Frequently abused 
                drug.--For purposes of this subsection, the term 
                `frequently abused drug' means a drug that is a 
                controlled substance that the Secretary determines to be 
                frequently abused or diverted.
                    ``(H) <<NOTE: Regulations. Procedures.>>  Data 
                disclosure.--
                          ``(i) Data on decision to impose limitation.--
                      In the case of an at-risk beneficiary for 
                      prescription

[[Page 130 STAT. 747]]

                      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 the PDP sponsor to disclose data, 
                      including any necessary individually identifiable 
                      health information, in a form and manner specified 
                      by the Secretary, about the decision to impose 
                      such limitations and the limitations imposed by 
                      the 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 <<NOTE: Procedures.>>  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) <<NOTE: Clarification.>>  Privacy issues.--
                Prior to the implementation of the rules and procedures 
                under this paragraph, the Secretary shall clarify 
                privacy requirements, including requirements under the 
                regulations promulgated pursuant to section 264(c) of 
                the Health Insurance Portability and Accountability Act 
                of 1996 (42 U.S.C. 1320d-2 note), related to the sharing 
                of data under subparagraphs (H) and (I) by PDP sponsors. 
                Such clarification shall provide that the sharing of 
                such data shall be considered to be protected health 
                information in accordance with the requirements of the 
                regulations promulgated pursuant to such section 264(c).
                    ``(K) Education.--The Secretary shall provide 
                education to enrollees in prescription drug plans of PDP 
                sponsors and providers regarding the drug management 
                program for at-risk beneficiaries described in this 
                paragraph, including education--
                          ``(i) provided by Medicare administrative 
                      contractors 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.

[[Page 130 STAT. 748]]

                    ``(L) Application under ma-pd plans.--Pursuant to 
                section 1860D-21(c)(1), the provisions of this paragraph 
                apply under part D to MA organizations offering MA-PD 
                plans to MA eligible individuals in the same manner as 
                such provisions apply under this part to a PDP sponsor 
                offering a prescription drug plan to a part D eligible 
                individual.
                    ``(M) <<NOTE: Audits.>>  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 further 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 (6)(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) <<NOTE: Consultation. Verification.>>  
                      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) <<NOTE: Contracts.>>  Reporting.--A PDP 
                sponsor offering a prescription drug plan (and an MA 
                organization offering an MA-PD 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--

[[Page 130 STAT. 749]]

                          ``(i) <<NOTE: Time period.>>  any provider of 
                      services or supplier described in subparagraph 
                      (A)(ii)(II) that is identified by such plan 
                      sponsor (or organization) 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) <<NOTE: Audits. Deadline. Certification.>>  
                CMS compliance review.--The Secretary shall ensure that 
                plan sponsor compliance reviews and program audits 
                biennially include a certification that utilization 
                management tools under this paragraph are in compliance 
                with the requirements for such tools.''.

    (c) Expanding Activities of Medicare Drug Integrity Contractors 
(MEDICs).--
            (1) In general.--Section 1893 of the Social Security Act (42 
        U.S.C. 1395ddd) is amended by adding at the end the following 
        new subsection:

    ``(j) Expanding Activities of Medicare Drug Integrity Contractors 
(MEDICs).--
            ``(1) <<NOTE: Records. Determination.>>  Access to 
        information.--Under contracts entered into under this section 
        with Medicare drug integrity contractors (including any 
        successor entity to a Medicare drug integrity contractor), the 
        Secretary shall authorize such contractors to directly accept 
        prescription and necessary medical records from entities such as 
        pharmacies, prescription drug plans, MA-PD plans, and physicians 
        with respect to an individual in order for such contractors to 
        provide information relevant to the determination of whether 
        such individual is an at-risk beneficiary for prescription drug 
        abuse, as defined in section 1860D-4(c)(5)(C).
            ``(2) Requirement for acknowledgment of referrals.--If a PDP 
        sponsor or MA organization refers information to a contractor 
        described in paragraph (1) in order for such contractor to 
        assist in the determination described in such paragraph, the 
        contractor shall--
                    ``(A) acknowledge to the sponsor or organization 
                receipt of the referral; and
                    ``(B) <<NOTE: Determination. Deadline.>>  in the 
                case that any PDP sponsor or MA organization contacts 
                the contractor requesting to know the determination by 
                the contractor of whether or not an individual has been 
                determined to be an individual described in such 
                paragraph, shall inform such sponsor or organization of 
                such determination on a date that is not later than 15 
                days after the date on which the sponsor or organization 
                contacts the contractor.
            ``(3) Making data available to other entities.--
                    ``(A) In general.--For purposes of carrying out this 
                subsection, subject to subparagraph (B), the Secretary 
                shall authorize MEDICs to respond to requests for 
                information from PDP sponsors and MA organizations, 
                State prescription drug monitoring programs, and other 
                entities delegated by such sponsors or organizations 
                using available programs and systems in the effort to 
                prevent fraud, waste, and abuse.
                    ``(B) HIPAA compliant information only.--Information 
                may only be disclosed by a MEDIC under subparagraph (A) 
                if the disclosure of such information is permitted under 
                the Federal regulations (concerning the privacy of

[[Page 130 STAT. 750]]

                individually identifiable health information) 
                promulgated under section 264(c) of the Health Insurance 
                Portability and Accountability Act of 1996 (42 U.S.C. 
                1320d-2 note).''.
            (2) OIG study and report on effectiveness of medics.--
                    (A) Study.--The Inspector General of the Department 
                of Health and Human Services shall conduct a study on 
                the effectiveness of Medicare drug integrity contractors 
                with which the Secretary of Health and Human Services 
                has entered into a contract under section 1893 of the 
                Social Security Act (42 U.S.C. 1395ddd) in identifying, 
                combating, and preventing fraud under the Medicare 
                program, including under the authority provided under 
                section 1893(j) of the Social Security Act, added by 
                paragraph (1).
                    (B) Report.--Not later than 24 months after the date 
                of the enactment of this Act, the Inspector General 
                shall submit to Congress a report on the study conducted 
                under subparagraph (A). <<NOTE: Recommenda- tions.>>  
                Such report shall include such recommendations for 
                improvements in the effectiveness of such contractors as 
                the Inspector General determines appropriate.

    (d) 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.''.
    (e) 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.
    (f) Reports.--
            (1) Report by secretary on appeals process.--
                    (A) 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. <<NOTE: Analysis.>>  Such report shall 
                include an analysis comparing appeals processes under 
                parts C and D of such title XVIII.
                    (B) Feedback.--In development of the report 
                described in subparagraph (A), 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,

[[Page 130 STAT. 751]]

                pharmacists, providers, independent review entity 
                evaluators, and pharmaceutical manufacturers.
            (2) GAO study and report.--
                    (A) 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). <<NOTE: Analysis.>>  Such study shall 
                include an analysis of--
                          (i) 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;
                          (ii) 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;
                          (iii) the types of--
                                    (I) individuals who, in the 
                                implementation of such section, are 
                                determined to be individuals described 
                                in such subparagraph (C); and
                                    (II) prescribers and pharmacies that 
                                are selected under subparagraph (D) of 
                                such section; and
                          (iv) other areas determined appropriate by the 
                      Comptroller General.
                    (B) <<NOTE: Recommenda- tions.>>  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 subparagraph (A), together with recommendations 
                for such legislation and administrative action as the 
                Comptroller General determines to be appropriate.

    (g) <<NOTE: 42 USC 1395w-101 note. Applicability.>>  Effective Date; 
Rulemaking.--
            (1) In general.--The amendments made by this section shall 
        apply to prescription drug plans (and MA-PD plans) for plan 
        years beginning on or after January 1, 2019.
            (2) Stakeholder meetings prior to effective date.--
                    (A) <<NOTE: Deadline.>>  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, advocacy groups representing such 
                individuals, physicians, pharmacists, and other 
                clinicians, retail pharmacies, plan sponsors, 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 paragraph (3).
                    (B) Topics described.--The topics described in this 
                subparagraph are the topics of--

[[Page 130 STAT. 752]]

                          (i) the anticipated impact of drug management 
                      programs for at-risk beneficiaries under paragraph 
                      (5) of section 1860D-4(c) of the Social Security 
                      Act (42 U.S.C. 1395w-104(c)) on cost-sharing and 
                      ensuring accessibility to prescription drugs for 
                      enrollees in prescription drug plans of PDP 
                      sponsors, and enrollees in MA-PD plans, who are 
                      at-risk beneficiaries for prescription drug abuse 
                      (as defined in subparagraph (C) of such 
                      paragraph);
                          (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 that 
                      allow an automatic escalation to external review 
                      of claims submitted under such part);
                          (iii) the types of enrollees that should be 
                      treated as exempted individuals, as described in 
                      subparagraph (C)(ii) of such paragraph;
                          (iv) <<NOTE: Determination.>>  the manner in 
                      which terms and definitions in such paragraph 
                      should be applied, such as the use of clinical 
                      appropriateness in determining whether an enrollee 
                      is an at-risk beneficiary for prescription drug 
                      abuse as defined in subparagraph (C) of such 
                      paragraph;
                          (v) the information to be included in the 
                      notices described in subparagraph (B) of such 
                      paragraph and the standardization of such notices;
                          (vi) with respect to a PDP sponsor (or 
                      Medicare Advantage organization) that establishes 
                      a drug management program for at-risk 
                      beneficiaries under such paragraph, the 
                      responsibilities of such PDP sponsor (or 
                      organization) 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 of title XVIII of the Social Security Act 
                      with PDP sponsors.
            (3) <<NOTE: Deadline. Notice.>>  Rulemaking.--Not later than 
        one year after the date of the enactment of this Act, the 
        Secretary of Health and Human Services shall, taking into 
        account the input gathered pursuant to paragraph (2)(A) and 
        after providing notice and an opportunity to comment, promulgate 
        regulations to carry out the provisions of, and amendments made 
        by this section.

    (h) Deposit of Savings Into Medicare Improvement Fund.--Section 
1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is 
amended by striking ``during and after fiscal year 2020, $0'' and 
inserting ``during and after fiscal year 2021, $140,000,000''.

[[Page 130 STAT. 753]]

SEC. 705. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION 
                        DRUGS FROM THE MEDICAID ADDITIONAL REBATE 
                        REQUIREMENT FOR NEW FORMULATIONS OF 
                        PRESCRIPTION DRUGS.

    (a) <<NOTE: Determination.>>  In General.--The last sentence of 
section 1927(c)(2)(C) of the Social Security Act (42 U.S.C. 1396r-
8(c)(2)(C)) is amended by inserting before the period at the end the 
following: ``, but does not include an abuse-deterrent formulation of 
the drug (as determined by the Secretary), regardless of whether such 
abuse-deterrent formulation is an extended release formulation''.

    (b) <<NOTE: Applicability. 42 USC 1396r-8 note.>>  Effective Date.--
The amendment made by subsection (a) shall apply to drugs that are paid 
for by a State in calendar quarters beginning on or after the date of 
the enactment of this Act.
SEC. 706. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER 
                        ANALYTICS TECHNOLOGIES TO IDENTIFY AND 
                        PREVENT WASTE, FRAUD, AND ABUSE.

    (a) In General.--Title XI of the Social Security Act is amended by 
inserting after section 1128J (42 U.S.C. 1320a-7k) the following new 
section:
``SEC. 1128K. <<NOTE: 42 USC 1320a-7n.>>  DISCLOSURE OF PREDICTIVE 
                            MODELING AND OTHER ANALYTICS 
                            TECHNOLOGIES TO IDENTIFY AND PREVENT 
                            WASTE, FRAUD, AND ABUSE.

    ``(a) Reference to Predictive Modeling Technologies Requirements.--
For provisions relating to the use of predictive modeling and other 
analytics technologies to identify and prevent waste, fraud, and abuse 
with respect to the Medicare program under title XVIII, the Medicaid 
program under title XIX, and the Children's Health Insurance Program 
under title XXI, see section 4241 of the Small Business Jobs Act of 2010 
(42 U.S.C. 1320a-7m).
    ``(b) <<NOTE: Applicability.>>  Limiting Disclosure of Predictive 
Modeling Technologies.--In implementing such provisions under such 
section 4241 with respect to covered algorithms (as defined in 
subsection (c)), the following shall apply:
            ``(1) <<NOTE: Contracts.>>  Nonapplication of foia.--The 
        covered algorithms used or developed for purposes of such 
        section 4241 (including by the Secretary or a State (or an 
        entity operating under a contract with a State)) shall be exempt 
        from disclosure under section 552(b)(3) of title 5, United 
        States Code.
            ``(2) Limitation with respect to use and disclosure of 
        information by state agencies.--
                    ``(A) <<NOTE: Contracts.>>  In general.--A State 
                agency may not use or disclose covered algorithms used 
                or developed for purposes of such section 4241 except 
                for purposes of administering the State plan (or a 
                waiver of the plan) under the Medicaid program under 
                title XIX or the State child health plan (or a waiver of 
                the plan) under the Children's Health Insurance Program 
                under title XXI, including by enabling an entity 
                operating under a contract with a State to assist the 
                State to identify or prevent waste, fraud, and abuse 
                with respect to such programs.
                    ``(B) Information security.--A State agency shall 
                have in effect data security and control policies that 
                the Secretary finds adequate to ensure the security of 
                covered

[[Page 130 STAT. 754]]

                algorithms used or developed for purposes of such 
                section 4241 and to ensure that access to such 
                information is restricted to authorized persons for 
                purposes of authorized uses and disclosures described in 
                subparagraph (A).
                    ``(C) Procedural requirements.--State agencies to 
                which information is disclosed pursuant to such section 
                4241 shall adhere to uniform procedures established by 
                the Secretary.

    ``(c) Covered Algorithm Defined.--In this section, the term `covered 
algorithm'--
            ``(1) means a predictive modeling or other analytics 
        technology, as used for purposes of section 4241(a) of the Small 
        Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to identify 
        and prevent waste, fraud, and abuse with respect to the Medicare 
        program under title XVIII, the Medicaid program under title XIX, 
        and the Children's Health Insurance Program under title XXI; and
            ``(2) includes the mathematical expressions utilized in the 
        application of such technology and the means by which such 
        technology is developed.''.

    (b) Conforming Amendments.--
            (1) Medicaid state plan requirement.--Section 1902(a) of the 
        Social Security Act (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (80), by striking ``and'' at the 
                end;
                    (B) in paragraph (81), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after paragraph (81) the following 
                new paragraph:
            ``(82) provide that the State agency responsible for 
        administering the State plan under this title provides 
        assurances to the Secretary that the State agency is in 
        compliance with subparagraphs (A), (B), and (C) of section 
        1128K(b)(2).''.
            (2) State child health plan requirement.--Section 2102(a)(7) 
        of the Social Security Act (42 U.S.C. 1397bb(a)(7)) is amended--
                    (A) in subparagraph (A), by striking ``, and'' at 
                the end and inserting a semicolon;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) to ensure that the State agency involved is in 
                compliance with subparagraphs (A), (B), and (C) of 
                section 1128K(b)(2).''.
SEC. 707. MEDICAID IMPROVEMENT FUND.

    Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w-
1(b)(1)) is amended to read as follows:
            ``(1) In general.--There shall be available to the Fund, for 
        expenditures from the Fund for fiscal year 2021 and thereafter, 
        $5,000,000.''.
SEC. 708. SENSE OF THE CONGRESS REGARDING TREATMENT OF SUBSTANCE 
                        ABUSE EPIDEMICS.

    It is the sense of the Congress that decades of experience and 
research have demonstrated that a fiscally responsible approach to 
addressing the opioid abuse epidemic and other substance abuse

[[Page 130 STAT. 755]]

epidemics requires treating such epidemics as a public health emergency 
emphasizing prevention, treatment, and recovery.

               TITLE VIII--KINGPIN DESIGNATION IMPROVEMENT

SEC. 801. PROTECTION OF CLASSIFIED INFORMATION IN FEDERAL COURT 
                        CHALLENGES RELATING TO DESIGNATIONS UNDER 
                        THE NARCOTICS KINGPIN DESIGNATION ACT.

    Section 804 of the Foreign Narcotics Kingpin Designation Act (21 
U.S.C. 1903) is amended by adding at the end the following:
    ``(i) Protection of Classified Information in Federal Court 
Challenges Relating to Designations.--In 
any <<NOTE: Review. Determination.>>  judicial review of a determination 
made under this section, if the determination was based on classified 
information (as defined in section 1(a) of the Classified Information 
Procedures Act) such information may be submitted to the reviewing court 
ex parte and in camera. This subsection does not confer or imply any 
right to judicial review.''.

  TITLE <<NOTE: Jason Simcakoski Memorial and Promise Act. 38 USC 1701 
note.>>  IX--DEPARTMENT OF VETERANS AFFAIRS
SEC. 901. SHORT TITLE.

    This title may be cited as the ``Jason Simcakoski Memorial and 
Promise Act''.
SEC. 902. DEFINITIONS.

    In this title:
            (1) The term ``controlled substance'' has the meaning given 
        that term in section 102 of the Controlled Substances Act (21 
        U.S.C. 802).
            (2) The term ``State'' means each of the several States, 
        territories, and possessions of the United States, the District 
        of Columbia, and the Commonwealth of Puerto Rico.
            (3) The term ``complementary and integrative health'' has 
        the meaning given that term, or any successor term, by the 
        National Institutes of Health.
            (4) The term ``opioid receptor antagonist'' means a drug or 
        device approved or cleared under the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 301 et seq.) for emergency treatment of 
        known or suspected opioid overdose.

             Subtitle A--Opioid Therapy and Pain Management

SEC. 911. <<NOTE: 38 USC 1701 note.>>  IMPROVEMENT OF OPIOID 
                        SAFETY MEASURES BY DEPARTMENT OF VETERANS 
                        AFFAIRS.

    (a) Expansion of Opioid Safety Initiative.--
            (1) <<NOTE: Deadline.>>  Inclusion of all medical 
        facilities.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Veterans Affairs shall 
        expand the Opioid Safety

[[Page 130 STAT. 756]]

        Initiative of the Department of Veterans Affairs to include all 
        medical facilities of the Department.
            (2) Guidance.--The Secretary shall establish guidance that 
        each health care provider of the Department of Veterans Affairs, 
        before initiating opioid therapy to treat a patient as part of 
        the comprehensive assessment conducted by the health care 
        provider, use the Opioid Therapy Risk Report tool of the 
        Department of Veterans Affairs (or any subsequent tool), which 
        shall include information from the prescription drug monitoring 
        program of each participating State as applicable, that includes 
        the most recent information to date relating to the patient that 
        accessed such program to assess the risk for adverse outcomes of 
        opioid therapy for the patient, including the concurrent use of 
        controlled substances such as benzodiazepines, as part of the 
        comprehensive assessment conducted by the health care provider.
            (3) Enhanced standards.--The Secretary shall establish 
        enhanced standards with respect to the use of routine and random 
        urine drug tests for all patients before and during opioid 
        therapy to help prevent substance abuse, dependence, and 
        diversion, including--
                    (A) that such tests occur not less frequently than 
                once each year or as otherwise determined according to 
                treatment protocols; and
                    (B) that health care providers appropriately order, 
                interpret and respond to the results from such tests to 
                tailor pain therapy, safeguards, and risk management 
                strategies to each patient.

    (b) Pain Management Education and Training.--
            (1) In general.--In carrying out the Opioid Safety 
        Initiative of the Department, the Secretary shall require all 
        employees of the Department responsible for prescribing opioids 
        to receive education and training described in paragraph (2).
            (2) Education and training.--Education and training 
        described in this paragraph is education and training on pain 
        management and safe opioid prescribing practices for purposes of 
        safely and effectively managing patients with chronic pain, 
        including education and training on the following:
                    (A) The implementation of and full compliance with 
                the VA/DOD Clinical Practice Guideline for Management of 
                Opioid Therapy for Chronic Pain, including any update to 
                such guideline.
                    (B) The use of evidence-based pain management 
                therapies and complementary and integrative health 
                services, including cognitive-behavioral therapy, non-
                opioid alternatives, and non-drug methods and procedures 
                to managing pain and related health conditions 
                including, to the extent practicable, medical devices 
                approved or cleared by the Food and Drug Administration 
                for the treatment of patients with chronic pain and 
                related health conditions.
                    (C) Screening and identification of patients with 
                substance use disorder, including drug-seeking behavior, 
                before prescribing opioids, assessment of risk potential 
                for patients developing an addiction, and referral of 
                patients to appropriate addiction treatment 
                professionals if addiction is identified or strongly 
                suspected.

[[Page 130 STAT. 757]]

                    (D) Communication with patients on the potential 
                harm associated with the use of opioids and other 
                controlled substances, including the need to safely 
                store and dispose of supplies relating to the use of 
                opioids and other controlled substances.
                    (E) Such other education and training as the 
                Secretary considers appropriate to ensure that veterans 
                receive safe and high-quality pain management care from 
                the Department.
            (3) Use of existing program.--In providing education and 
        training described in paragraph (2), the Secretary shall use the 
        Interdisciplinary Chronic Pain Management Training Team Program 
        of the Department (or successor program).

    (c) Pain Management Teams.--
            (1) In general.--In carrying out the Opioid Safety 
        Initiative of the Department, the director of each medical 
        facility of the Department shall identify and designate a pain 
        management team of health care professionals, which may include 
        board certified pain medicine specialists, responsible for 
        coordinating and overseeing pain management therapy at such 
        facility for patients experiencing acute and chronic pain that 
        is non-cancer related.
            (2) Establishment of protocols.--
                    (A) <<NOTE: Consultation.>>  In general.--In 
                consultation with the Directors of each Veterans 
                Integrated Service Network, the Secretary shall 
                establish standard protocols for the designation of pain 
                management teams at each medical facility within the 
                Department.
                    (B) Consultation on prescription of opioids.--Each 
                protocol established under subparagraph (A) shall ensure 
                that any health care provider without expertise in 
                prescribing analgesics or who has not completed the 
                education and training under subsection (b), including a 
                mental health care provider, does not prescribe opioids 
                to a patient unless that health care provider--
                          (i) consults with a health care provider with 
                      pain management expertise or who is on the pain 
                      management team of the medical facility; and
                          (ii) refers the patient to the pain management 
                      team for any subsequent prescriptions and related 
                      therapy.
            (3) Report.--
                    (A) In general.--Not later than one year after the 
                date of enactment of this Act, the director of each 
                medical facility of the Department shall submit to the 
                Under Secretary for Health and the director of the 
                Veterans Integrated Service Network in which the medical 
                facility is located a report identifying the health care 
                professionals that have been designated as members of 
                the pain management team at the medical facility 
                pursuant to paragraph (1).
                    (B) Elements.--Each report submitted under 
                subparagraph (A) with respect to a medical facility of 
                the Department shall include--
                          (i) <<NOTE: Certification.>>  a certification 
                      as to whether all members of the pain management 
                      team at the medical facility have

[[Page 130 STAT. 758]]

                      completed the education and training required 
                      under subsection (b);
                          (ii) <<NOTE: Plan.>>  a plan for the 
                      management and referral of patients to such pain 
                      management team if health care providers without 
                      expertise in prescribing analgesics prescribe 
                      opioid medications to treat acute and chronic pain 
                      that is non-cancer related; and
                          (iii) <<NOTE: Certification.>>  a 
                      certification as to whether the medical facility--
                                    (I) fully complies with the stepped-
                                care model, or successor models, of pain 
                                management and other pain management 
                                policies of the Department; or
                                    (II) does not fully comply with such 
                                stepped-care model, or successor models, 
                                of pain management and other pain 
                                management policies but is carrying out 
                                a corrective plan of action to ensure 
                                such full compliance.

    (d) Tracking and Monitoring of Opioid Use.--
            (1) Prescription drug monitoring programs of states.--In 
        carrying out the Opioid Safety Initiative and the Opioid Therapy 
        Risk Report tool of the Department, the Secretary shall--
                    (A) ensure access by health care providers of the 
                Department to information on controlled substances, 
                including opioids and benzodiazepines, prescribed to 
                veterans who receive care outside the Department through 
                the prescription drug monitoring program of each State 
                with such a program, including by seeking to enter into 
                memoranda of understanding with States to allow shared 
                access of such information between States and the 
                Department;
                    (B) include such information in the Opioid Therapy 
                Risk Report tool; and
                    (C) require health care providers of the Department 
                to submit to the prescription drug monitoring program of 
                each State with such a program information on 
                prescriptions of controlled substances received by 
                veterans in that State under the laws administered by 
                the Secretary.
            (2) Report on tracking of data on opioid use.--Not later 
        than 18 months after the date of the enactment of this Act, the 
        Secretary shall submit to the Committee on Veterans' Affairs of 
        the Senate and the Committee on Veterans' Affairs of the House 
        of Representatives a report on the feasibility and advisability 
        of improving the Opioid Therapy Risk Report tool of the 
        Department to allow for more advanced real-time tracking of and 
        access to data on--
                    (A) the key clinical indicators with respect to the 
                totality of opioid use by veterans;
                    (B) concurrent prescribing by health care providers 
                of the Department of opioids in different health care 
                settings, including data on concurrent prescribing of 
                opioids to treat mental health disorders other than 
                opioid use disorder; and
                    (C) mail-order prescriptions of opioids prescribed 
                to veterans under the laws administered by the 
                Secretary.

    (e) Availability of Opioid Receptor Antagonists.--

[[Page 130 STAT. 759]]

            (1) Increased availability and use.--
                    (A) In general.--The Secretary shall maximize the 
                availability of opioid receptor antagonists, including 
                naloxone, to veterans.
                    (B) <<NOTE: Deadline.>>  Availability, training, and 
                distributing.--In carrying out subparagraph (A), not 
                later than 90 days after the date of the enactment of 
                this Act, the Secretary shall--
                          (i) equip each pharmacy of the Department with 
                      opioid receptor antagonists to be dispensed to 
                      outpatients as needed; and
                          (ii) expand the Overdose Education and 
                      Naloxone Distribution program of the Department to 
                      ensure that all veterans in receipt of health care 
                      under laws administered by the Secretary who are 
                      at risk of opioid overdose may access such opioid 
                      receptor antagonists and training on the proper 
                      administration of such opioid receptor 
                      antagonists.
                    (C) Veterans who are at risk.--For purposes of 
                subparagraph (B), veterans who are at risk of opioid 
                overdose include--
                          (i) veterans receiving long-term opioid 
                      therapy;
                          (ii) veterans receiving opioid therapy who 
                      have a history of substance use disorder or prior 
                      instances of overdose; and
                          (iii) veterans who are at risk as determined 
                      by a health care provider who is treating the 
                      veteran.
            (2) <<NOTE: Assessment.>>  Report.--Not later than 120 days 
        after the date of the enactment of this Act, the Secretary shall 
        submit to the Committee on Veterans' Affairs of the Senate and 
        the Committee on Veterans' Affairs of the House of 
        Representatives a report on carrying out paragraph (1), 
        including an assessment of any remaining steps to be carried out 
        by the Secretary to carry out such paragraph.

    (f) Inclusion of Certain Information and Capabilities in Opioid 
Therapy Risk Report Tool of the Department.--
            (1) Information.--The Secretary shall include in the Opioid 
        Therapy Risk Report tool of the Department--
                    (A) information on the most recent time the tool was 
                accessed by a health care provider of the Department 
                with respect to each veteran; and
                    (B) information on the results of the most recent 
                urine drug test for each veteran.
            (2) <<NOTE: Determination.>>  Capabilities.--The Secretary 
        shall include in the Opioid Therapy Risk Report tool the ability 
        of the health care providers of the Department to determine 
        whether a health care provider of the Department prescribed 
        opioids to a veteran without checking the information in the 
        tool with respect to the veteran.

    (g) Notifications of Risk in Computerized Health Record.--The 
Secretary shall modify the computerized patient record system of the 
Department to ensure that any health care provider that accesses the 
record of a veteran, regardless of the reason the veteran seeks care 
from the health care provider, will be immediately notified whether the 
veteran--
            (1) is receiving opioid therapy and has a history of 
        substance use disorder or prior instances of overdose;

[[Page 130 STAT. 760]]

            (2) has a history of opioid abuse; or
            (3) is at risk of developing an opioid use disorder, as 
        determined by a health care provider who is treating the 
        veteran.
SEC. 912. <<NOTE: 38 USC 1701 note.>>  STRENGTHENING OF JOINT 
                        WORKING GROUP ON PAIN MANAGEMENT OF THE 
                        DEPARTMENT OF VETERANS AFFAIRS AND THE 
                        DEPARTMENT OF DEFENSE.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 90 days after 
the date of enactment of this Act, the Secretary of Veterans Affairs and 
the Secretary of Defense shall ensure that the Pain Management Working 
Group of the Health Executive Committee of the Department of Veterans 
Affairs-Department of Defense Joint Executive Committee (Pain Management 
Working Group) established under section 320 of title 38, United States 
Code, includes a focus on the following:
            (1) The opioid prescribing practices of health care 
        providers of each Department.
            (2) The ability of each Department to manage acute and 
        chronic pain among individuals receiving health care from the 
        Department, including training health care providers with 
        respect to pain management.
            (3) The use by each Department of complementary and 
        integrative health in treating such individuals.
            (4) The concurrent use and practice by health care providers 
        of each Department of opioids and prescription drugs to treat 
        mental health disorders, including benzodiazepines.
            (5) The use of care transition plans by health care 
        providers of each Department to address case management issues 
        for patients receiving opioid therapy who transition between 
        inpatient and outpatient care.
            (6) The coordination in coverage of and consistent access to 
        medications prescribed for patients transitioning from receiving 
        health care from the Department of Defense to receiving health 
        care from the Department of Veterans Affairs.
            (7) The ability of each Department to properly screen, 
        identify, refer, and treat patients with substance use disorders 
        who are seeking treatment for acute and chronic pain management 
        conditions.

    (b) Coordination and Consultation.--The Secretary of Veterans 
Affairs and the Secretary of Defense shall ensure that the working group 
described in subsection (a)--
            (1) coordinates the activities of the working group with 
        other relevant working groups established under section 320 of 
        title 38, United States Code;
            (2) consults with other relevant Federal agencies, including 
        the Centers for Disease Control and Prevention, with respect to 
        the activities of the working group; and
            (3) consults with the Department of Veterans Affairs and the 
        Department of Defense with respect to the VA/DOD Clinical 
        Practice Guideline for Management of Opioid Therapy for Chronic 
        Pain, or any successor guideline, and reviews and provides 
        comments before any update to the guideline is released.

    (c) Clinical Practice Guidelines.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Veterans Affairs and the Secretary of Defense shall issue an 
        update to the

[[Page 130 STAT. 761]]

        VA/DOD Clinical Practice Guideline for Management of Opioid 
        Therapy for Chronic Pain.
            (2) Matters included.--In conducting the update under 
        paragraph (1), the Pain Management Working Group, in 
        coordination with the Clinical Practice Guideline VA/DoD 
        Management of Opioid Therapy for Chronic Pain Working Group, 
        shall work to ensure that the Clinical Practical Guideline 
        includes the following:
                    (A) Enhanced guidance with respect to--
                          (i) the co-administration of an opioid and 
                      other drugs, including benzodiazepines, that may 
                      result in life-limiting drug interactions;
                          (ii) the treatment of patients with current 
                      acute psychiatric instability or substance use 
                      disorder or patients at risk of suicide; and
                          (iii) the use of opioid therapy to treat 
                      mental health disorders other than opioid use 
                      disorder.
                    (B) Enhanced guidance with respect to the treatment 
                of patients with behaviors or comorbidities, such as 
                post-traumatic stress disorder or other psychiatric 
                disorders, or a history of substance abuse or addiction, 
                that requires a consultation or co-management of opioid 
                therapy with one or more specialists in pain management, 
                mental health, or addictions.
                    (C) <<NOTE: Assessments.>>  Enhanced guidance with 
                respect to health care providers--
                          (i) conducting an effective assessment for 
                      patients beginning or continuing opioid therapy, 
                      including understanding and setting realistic 
                      goals with respect to achieving and maintaining an 
                      expected level of pain relief, improved function, 
                      or a clinically appropriate combination of both; 
                      and
                          (ii) effectively assessing whether opioid 
                      therapy is achieving or maintaining the 
                      established treatment goals of the patient or 
                      whether the patient and health care provider 
                      should discuss adjusting, augmenting, or 
                      discontinuing the opioid therapy.
                    (D) Guidelines to inform the methodologies used by 
                health care providers of the Department of Veterans 
                Affairs and the Department of Defense to safely taper 
                opioid therapy when adjusting or discontinuing the use 
                of opioid therapy, including--
                          (i) prescription of the lowest effective dose 
                      based on patient need;
                          (ii) use of opioids only for a limited time; 
                      and
                          (iii) augmentation of opioid therapy with 
                      other pain management therapies and modalities.
                    (E) Guidelines with respect to appropriate case 
                management for patients receiving opioid therapy who 
                transition between inpatient and outpatient health care 
                settings, which may include the use of care transition 
                plans.
                    (F) Guidelines with respect to appropriate case 
                management for patients receiving opioid therapy who 
                transition from receiving care during active duty to 
                post-military health care networks.
                    (G) Guidelines with respect to providing options, 
                before initiating opioid therapy, for pain management 
                therapies

[[Page 130 STAT. 762]]

                without the use of opioids and options to augment opioid 
                therapy with other clinical and complementary and 
                integrative health services to minimize opioid 
                dependence.
                    (H) Guidelines with respect to the provision of 
                evidence-based non-opioid treatments within the 
                Department of Veterans Affairs and the Department of 
                Defense, including medical devices and other therapies 
                approved or cleared by the Food and Drug Administration 
                for the treatment of chronic pain as an alternative to 
                or to augment opioid therapy.
                    (I) Guidelines developed by the Centers for Disease 
                Control and Prevention for safely prescribing opioids 
                for the treatment of chronic, non-cancer related pain in 
                outpatient settings.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to prevent the Secretary of Veterans Affairs and 
        the Secretary of Defense from considering all relevant evidence, 
        as appropriate, in updating the VA/DOD Clinical Practice 
        Guideline for Management of Opioid Therapy for Chronic Pain, as 
        required under paragraph (1), or from ensuring that the final 
        clinical practice guideline updated under such paragraph remains 
        applicable to the patient populations of the Department of 
        Veterans Affairs and the Department of Defense.
SEC. 913. <<NOTE: 38 USC 1701 note.>>  REVIEW, INVESTIGATION, AND 
                        REPORT ON USE OF OPIOIDS IN TREATMENT BY 
                        DEPARTMENT OF VETERANS AFFAIRS.

    (a) Comptroller General Report.--
            (1) In general.--Not later than two years after the date of 
        the enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Veterans' Affairs of the 
        Senate and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the Opioid Safety Initiative of the 
        Department of Veterans Affairs and the opioid prescribing 
        practices of health care providers of the Department.
            (2) <<NOTE: Assessments.>>  Elements.--The report submitted 
        under paragraph (1) shall include the following:
                    (A) An assessment of the implementation and 
                monitoring by the Veterans Health Administration of the 
                Opioid Safety Initiative of the Department, including 
                examining, as appropriate, the following:
                          (i) How the Department monitors the key 
                      clinical outcomes of such safety initiative (for 
                      example, the percentage of unique veterans 
                      visiting each medical center of the Department 
                      that are prescribed an opioid or an opioid and 
                      benzodiazepine concurrently) and how the 
                      Department uses that information--
                                    (I) to improve prescribing 
                                practices; and
                                    (II) to identify high prescribing or 
                                otherwise inappropriate prescribing 
                                practices by health care providers.
                          (ii) How the Department monitors the use of 
                      the Opioid Therapy Risk Report tool of the 
                      Department (as developed through such safety 
                      initiative) and compliance with such tool by 
                      medical facilities and health care providers of 
                      the Department, including

[[Page 130 STAT. 763]]

                      any findings by the Department of prescription 
                      rates or prescription practices by medical 
                      facilities or health care providers that are 
                      inappropriate.
                          (iii) The implementation of academic detailing 
                      programs within the Veterans Integrated Service 
                      Networks of the Department and how such programs 
                      are being used to improve opioid prescribing 
                      practices.
                          (iv) <<NOTE: Recommenda- tions.>>  
                      Recommendations on such improvements to the Opioid 
                      Safety Initiative of the Department as the 
                      Comptroller General considers appropriate.
                    (B) Information made available under the Opioid 
                Therapy Risk Report tool with respect to--
                          (i) deaths resulting from sentinel events 
                      involving veterans prescribed opioids by a health 
                      care provider;
                          (ii) overall prescription rates and, if 
                      applicable, indications used by health care 
                      providers for prescribing chronic opioid therapy 
                      to treat non-cancer, non-palliative, and non-
                      hospice care patients;
                          (iii) the prescription rates and indications 
                      used by health care providers for prescribing 
                      benzodiazepines and opioids concomitantly;
                          (iv) the practice by health care providers of 
                      prescribing opioids to treat patients without any 
                      pain, including to treat patients with mental 
                      health disorders other than opioid use disorder; 
                      and
                          (v) the effectiveness of opioid therapy for 
                      patients receiving such therapy, including the 
                      effectiveness of long-term opioid therapy.
                    (C) <<NOTE: Evaluation. Procedures.>>  An evaluation 
                of processes of the Department in place to oversee 
                opioid use among veterans, including procedures to 
                identify and remedy potential over-prescribing of 
                opioids by health care providers of the Department.
                    (D) An assessment of the implementation by the 
                Secretary of Veterans Affairs of the VA/DOD Clinical 
                Practice Guideline for Management of Opioid Therapy for 
                Chronic Pain, including any figures or approaches used 
                by the Department to assess compliance with such 
                guidelines by medical centers of the Department and 
                identify any medical centers of the Department operating 
                action plans to improve compliance with such guidelines.
                    (E) <<NOTE: Review.>>  An assessment of the data 
                that the Department has developed to review the opioid 
                prescribing practices of health care providers of the 
                Department, as required by this subtitle, including a 
                review of how the Department identifies the practices of 
                individual health care providers that warrant further 
                review based on prescribing levels, health conditions 
                for which the health care provider is prescribing 
                opioids or opioids and benzodiazepines concurrently, or 
                other practices of the health care provider.

    (b) Semi-annual Progress Report on Implementation of Comptroller 
General Recommendations.--Not later <<NOTE: Determination.>>  than 180 
days after the date of the submittal of the report required under 
subsection (a), and not less frequently than annually thereafter until 
the Comptroller General of the United States determines that all 
recommended actions are closed, the Secretary of Veterans Affairs shall 
submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of

[[Page 130 STAT. 764]]

Representatives a progress report detailing the actions by the Secretary 
to address any outstanding findings and recommendations by the 
Comptroller General of the United States under subsection (a) with 
respect to the Veterans Health Administration.

    (c) Annual Report on Opioid Therapy and Prescription Rates.--Not 
later than one year after the date of the enactment of this Act, and not 
less frequently than annually for the following five years, the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report on opioid therapy and prescription rates for 
the one-year period preceding the date of the submission of the report. 
Each such report shall include each of the following:
            (1) The number of patients and the percentage of the patient 
        population of the Department who were prescribed benzodiazepines 
        and opioids concurrently by a health care provider of the 
        Department.
            (2) The number of patients and the percentage of the patient 
        population of the Department without any pain who were 
        prescribed opioids by a health care provider of the Department, 
        including those who were prescribed benzodiazepines and opioids 
        concurrently.
            (3) The number of non-cancer, non-palliative, and non-
        hospice care patients and the percentage of such patients who 
        were treated with opioids by a health care provider of the 
        Department on an inpatient-basis and who also received 
        prescription opioids by mail from the Department while being 
        treated on an inpatient-basis.
            (4) The number of non-cancer, non-palliative, and non-
        hospice care patients and the percentage of such patients who 
        were prescribed opioids concurrently by a health care provider 
        of the Department and a health care provider that is not a 
        health care provider of the Department.
            (5) With respect to each medical facility of the Department, 
        the collected and reviewed information on opioids prescribed by 
        health care providers at the facility to treat non-cancer, non-
        palliative, and non-hospice care patients, including--
                    (A) the prescription rate at which each health care 
                provider at the facility prescribed benzodiazepines and 
                opioids concurrently to such patients and the aggregate 
                of such prescription rate for all health care providers 
                at the facility;
                    (B) the prescription rate at which each health care 
                provider at the facility prescribed benzodiazepines or 
                opioids to such patients to treat conditions for which 
                benzodiazepines or opioids are not approved treatment 
                and the aggregate of such prescription rate for all 
                health care providers at the facility;
                    (C) the prescription rate at which each health care 
                provider at the facility prescribed or dispensed mail-
                order prescriptions of opioids to such patients while 
                such patients were being treated with opioids on an 
                inpatient-basis and the aggregate of such prescription 
                rate for all health care providers at the facility; and
                    (D) the prescription rate at which each health care 
                provider at the facility prescribed opioids to such 
                patients who were also concurrently prescribed opioids 
                by a health

[[Page 130 STAT. 765]]

                care provider that is not a health care provider of the 
                Department and the aggregate of such prescription rates 
                for all health care providers at the facility.
            (6) With respect to each medical facility of the Department, 
        the number of times a pharmacist at the facility overrode a 
        critical drug interaction warning with respect to an interaction 
        between opioids and another medication before dispensing such 
        medication to a veteran.

    (d) <<NOTE: Determination.>>  Investigation of Prescription Rates.--
If the Secretary determines that a prescription rate with respect to a 
health care provider or medical facility of the Department conflicts 
with or is otherwise inconsistent with the standards of appropriate and 
safe care, the Secretary shall--
            (1) <<NOTE: Notification.>>  immediately notify the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives of such 
        determination, including information relating to such 
        determination, prescription rate, and health care provider or 
        medical facility, as the case may be; and
            (2) through the Office of the Medical Inspector of the 
        Veterans Health Administration, conduct a full investigation of 
        the health care provider or medical facility, as the case may 
        be.

    (e) Prescription Rate Defined.--In this section, the term 
``prescription rate'' means, with respect to a health care provider or 
medical facility of the Department, each of the following:
            (1) The number of patients treated with opioids by the 
        health care provider or at the medical facility, as the case may 
        be, divided by the total number of pharmacy users of that health 
        care provider or medical facility.
            (2) The average number of morphine equivalents per day 
        prescribed by the health care provider or at the medical 
        facility, as the case may be, to patients being treated with 
        opioids.
            (3) Of the patients being treated with opioids by the health 
        care provider or at the medical facility, as the case may be, 
        the average number of prescriptions of opioids per patient.
SEC. 914. <<NOTE: 38 USC 1701 note.>>  MANDATORY DISCLOSURE OF 
                        CERTAIN VETERAN INFORMATION TO STATE 
                        CONTROLLED SUBSTANCE MONITORING PROGRAMS.

    Section 5701(l) of title 38, United States Code, is amended by 
striking ``may'' and inserting ``shall''.
SEC. 915. <<NOTE: 38 USC 1701 note.>>  ELIMINATION OF COPAYMENT 
                        REQUIREMENT FOR VETERANS RECEIVING OPIOID 
                        ANTAGONISTS OR EDUCATION ON USE OF OPIOID 
                        ANTAGONISTS.

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

[[Page 130 STAT. 766]]

            (2) by adding at the end the following subparagraph:
            ``(B) Education on the use of opioid antagonists to reverse 
        the effects of overdoses of specific medications or 
        substances.''.

                      Subtitle B--Patient Advocacy

SEC. 921. <<NOTE: 38 USC 1701 note.>>  COMMUNITY MEETINGS ON 
                        IMPROVING CARE FURNISHED BY DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) <<NOTE: Deadline.>>  Community Meetings.--
            (1) Medical centers.--Not later than 90 days after the date 
        of the enactment of this Act, and not less frequently than once 
        every 90 days thereafter, the Secretary shall ensure that each 
        medical facility of the Department of Veterans Affairs hosts a 
        community meeting open to the public on improving health care 
        furnished by the Secretary.
            (2) Community-based outpatient clinics.--Not later than one 
        year after the date of the enactment of this Act, and not less 
        frequently than annually thereafter, the Secretary shall ensure 
        that each community-based outpatient clinic of the Department 
        hosts a community meeting open to the public on improving health 
        care furnished by the Secretary.

    (b) Attendance by Director of Veterans Integrated Service Network or 
Designee.--
            (1) In general.--Each community meeting hosted by a medical 
        facility or community-based outpatient clinic under subsection 
        (a) shall be attended by the Director of the Veterans Integrated 
        Service Network in which the medical facility or community-based 
        outpatient clinic, as the case may be, is located. Subject to 
        paragraph (2), the Director may delegate such attendance only to 
        an employee who works in the Office of the Director.
            (2) Attendance by director.--Each Director of a Veterans 
        Integrated Service Network shall personally attend not less than 
        one community meeting under subsection (a) hosted by each 
        medical facility located in the Veterans Integrated Service 
        Network each year.

    (c) <<NOTE: Deadline.>>  Notice.--The Secretary shall notify the 
Committee on Veterans' Affairs of the Senate, the Committee on Veterans' 
Affairs of the House of Representatives, and each Member of Congress (as 
defined in section 902) who represents the area in which the medical 
facility is located of a community meeting under subsection (a) by not 
later than 10 days before such community meeting occurs.
SEC. 922. <<NOTE: Deadline. 38 USC 1701 note.>>  IMPROVEMENT OF 
                        AWARENESS OF PATIENT ADVOCACY PROGRAM AND 
                        PATIENT BILL OF RIGHTS OF DEPARTMENT OF 
                        VETERANS AFFAIRS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall, in as many prominent locations 
as the Secretary determines appropriate to be seen by the largest 
percentage of patients and family members of patients at each medical 
facility of the Department of Veterans Affairs--
            (1) display the purposes of the Patient Advocacy Program of 
        the Department and the contact information for the patient 
        advocate at such medical facility; and
            (2) display the rights and responsibilities of--

[[Page 130 STAT. 767]]

                    (A) patients and family members of patients at such 
                medical facility; and
                    (B) with respect to community living centers and 
                other residential facilities of the Department, 
                residents and family members of residents at such 
                medical facility.
SEC. 923. <<NOTE: 38 USC 1701 note.>>  COMPTROLLER GENERAL REPORT 
                        ON PATIENT ADVOCACY PROGRAM OF DEPARTMENT 
                        OF VETERANS AFFAIRS.

    (a) In General.--Not later than two years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
on the Patient Advocacy Program of the Department of Veterans Affairs 
(in this section referred to as the ``Program'').
    (b) <<NOTE: Assessments.>>  Elements.--The report required by 
subsection (a) shall include the following:
            (1) A description of the Program, including--
                    (A) the purpose of the Program;
                    (B) the activities carried out under the Program; 
                and
                    (C) the sufficiency of the Program in achieving the 
                purpose of the Program.
            (2) An assessment of the sufficiency of staffing of 
        employees of the Department responsible for carrying out the 
        Program.
            (3) An assessment of the sufficiency of the training of such 
        employees.
            (4) An assessment of--
                    (A) the awareness of the Program among veterans and 
                family members of veterans; and
                    (B) the use of the Program by veterans and family 
                members of veterans.
            (5) <<NOTE: Recommenda- tions.>>  Such recommendations and 
        proposals for improving or modifying the Program as the 
        Comptroller General considers appropriate.
            (6) Such other information with respect to the Program as 
        the Comptroller General considers appropriate.
SEC. 924. <<NOTE: 38 USC 1701 note.>>  ESTABLISHMENT OF OFFICE OF 
                        PATIENT ADVOCACY OF THE DEPARTMENT OF 
                        VETERANS AFFAIRS.

    (a) In General.--Subchapter I of chapter 73 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 7309A. <<NOTE: 38 USC 7309A.>>  Office of Patient Advocacy

    ``(a) Establishment.--There is established in the Department within 
the Office of the Under Secretary for Health an office to be known as 
the `Office of Patient Advocacy' (in this section referred to as the 
`Office').
    ``(b) Head.--(1) The Director of the Office of Patient Advocacy 
shall be the head of the Office.
    ``(2) <<NOTE: Appointment.>>  The Director of the Office of Patient 
Advocacy shall be appointed by the Under Secretary for Health from among 
individuals qualified to perform the duties of the position and shall 
report directly to the Under Secretary for Health.

    ``(c) Function.--(1) The function of the Office is to carry out the 
Patient Advocacy Program of the Department.

[[Page 130 STAT. 768]]

    ``(2) In carrying out the Patient Advocacy Program of the 
Department, the Director shall ensure that patient advocates of the 
Department--
            ``(A) advocate on behalf of veterans with respect to health 
        care received and sought by veterans under the laws administered 
        by the Secretary;
            ``(B) carry out the responsibilities specified in subsection 
        (d); and
            ``(C) receive training in patient advocacy.

    ``(d) Patient Advocacy Responsibilities.--The responsibilities of 
each patient advocate at a medical facility of the Department are the 
following:
            ``(1) To resolve complaints by veterans with respect to 
        health care furnished under the laws administered by the 
        Secretary that cannot be resolved at the point of service or at 
        a higher level easily accessible to the veteran.
            ``(2) To present at various meetings and to various 
        committees the issues experienced by veterans in receiving such 
        health care at such medical facility.
            ``(3) To express to veterans their rights and 
        responsibilities as patients in receiving such health care.
            ``(4) To manage the Patient Advocate Tracking System of the 
        Department at such medical facility.
            ``(5) To compile data at such medical facility of complaints 
        made by veterans with respect to the receipt of such health care 
        at such medical facility and the satisfaction of veterans with 
        such health care at such medical facility to determine whether 
        there are trends in such data.
            ``(6) To ensure that a process is in place for the 
        distribution of the data compiled under paragraph (5) to 
        appropriate leaders, committees, services, and staff of the 
        Department.
            ``(7) To identify, not less frequently than quarterly, 
        opportunities for improvements in the furnishing of such health 
        care to veterans at such medical facility based on complaints by 
        veterans.
            ``(8) To ensure that any significant complaint by a veteran 
        with respect to such health care is brought to the attention of 
        appropriate staff of the Department to trigger an assessment of 
        whether there needs to be a further analysis of the problem at 
        the facility-wide level.
            ``(9) To support any patient advocacy programs carried out 
        by the Department.
            ``(10) To ensure that all appeals and final decisions with 
        respect to the receipt of such health care are entered into the 
        Patient Advocate Tracking System of the Department.
            ``(11) To understand all laws, directives, and other rules 
        with respect to the rights and responsibilities of veterans in 
        receiving such health care, including the appeals processes 
        available to veterans.
            ``(12) To ensure that veterans receiving mental health care, 
        or the surrogate decision-makers for such veterans, are aware of 
        the rights of veterans to seek representation from systems 
        established under section 103 of the Protection and Advocacy for 
        Mentally Ill Individuals Act of 1986 (42 U.S.C. 10803) to 
        protect and advocate the rights of individuals with mental 
        illness and to investigate incidents of abuse and neglect of 
        such individuals.

[[Page 130 STAT. 769]]

            ``(13) To fulfill requirements established by the Secretary 
        with respect to the inspection of controlled substances.
            ``(14) To document potentially threatening behavior and 
        report such behavior to appropriate authorities.

    ``(e) Training.--In providing training to patient advocates under 
subsection (c)(2)(C), the Director shall ensure that such training is 
consistent throughout the Department.
    ``(f) Controlled Substance Defined.--In this section, the term 
`controlled substance' has the meaning given that term in section 102 of 
the Controlled Substances Act (21 U.S.C. 802).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 73 of such title <<NOTE: 38 USC prec. 7301.>>  is amended by 
inserting after the item relating to section 7309 the following new 
item:

``7309A. Office of Patient Advocacy.''.

    (c) <<NOTE: 38 USC 7309A note.>>  Date Fully Operational.--The 
Secretary of Veterans Affairs shall ensure that the Office of Patient 
Advocacy established under section 7309A of title 38, United States 
Code, as added by subsection (a), is fully operational not later than 
the date that is one year after the date of the enactment of this Act.

            Subtitle C--Complementary and Integrative Health

SEC. 931. <<NOTE: 38 USC 1701 note.>>  EXPANSION OF RESEARCH AND 
                        EDUCATION ON AND DELIVERY OF COMPLEMENTARY 
                        AND INTEGRATIVE HEALTH TO VETERANS.

    (a) Establishment.--There is established a commission to be known as 
the ``Creating Options for Veterans' Expedited Recovery'' or the ``COVER 
Commission'' (in this section referred to as the ``Commission''). 
The <<NOTE: Examination.>>  Commission shall examine the evidence-based 
therapy treatment model used by the Secretary of Veterans Affairs for 
treating mental health conditions of veterans and the potential benefits 
of incorporating complementary and integrative health treatments 
available in non-Department facilities (as defined in section 1701 of 
title 38, United States Code).

    (b) Duties.--The Commission shall perform the following duties:
            (1) Examine the efficacy of the evidence-based therapy model 
        used by the Secretary for treating mental health illnesses of 
        veterans and identify areas to improve wellness-based outcomes.
            (2) Conduct a patient-centered survey within each of the 
        Veterans Integrated Service Networks to examine--
                    (A) the experience of veterans with the Department 
                of Veterans Affairs when seeking medical assistance for 
                mental health issues through the health care system of 
                the Department;
                    (B) the experience of veterans with non-Department 
                facilities and health professionals for treating mental 
                health issues;
                    (C) the preference of veterans regarding available 
                treatment for mental health issues and which methods the 
                veterans believe to be most effective;

[[Page 130 STAT. 770]]

                    (D) the experience, if any, of veterans with respect 
                to the complementary and integrative health treatment 
                therapies described in paragraph (3);
                    (E) the prevalence of prescribing prescription 
                medication among veterans seeking treatment through the 
                health care system of the Department as remedies for 
                addressing mental health issues; and
                    (F) the outreach efforts of the Secretary regarding 
                the availability of benefits and treatments for veterans 
                for addressing mental health issues, including by 
                identifying ways to reduce barriers to gaps in such 
                benefits and treatments.
            (3) Examine available research on complementary and 
        integrative health treatment therapies for mental health issues 
        and identify what benefits could be made with the inclusion of 
        such treatments for veterans, including with respect to--
                    (A) music therapy;
                    (B) equine therapy;
                    (C) training and caring for service dogs;
                    (D) yoga therapy;
                    (E) acupuncture therapy;
                    (F) meditation therapy;
                    (G) outdoor sports therapy;
                    (H) hyperbaric oxygen therapy;
                    (I) accelerated resolution therapy;
                    (J) art therapy;
                    (K) magnetic resonance therapy; and
                    (L) other therapies the Commission determines 
                appropriate.
            (4) Study the sufficiency of the resources of the Department 
        to ensure the delivery of quality health care for mental health 
        issues among veterans seeking treatment within the Department.
            (5) Study the current treatments and resources available 
        within the Department and assess--
                    (A) the effectiveness of such treatments and 
                resources in decreasing the number of suicides per day 
                by veterans;
                    (B) the number of veterans who have been diagnosed 
                with mental health issues;
                    (C) the percentage of veterans using the resources 
                of the Department who have been diagnosed with mental 
                health issues;
                    (D) the percentage of veterans who have completed 
                counseling sessions offered by the Department; and
                    (E) the efforts of the Department to expand 
                complementary and integrative health treatments viable 
                to the recovery of veterans with mental health issues as 
                determined by the Secretary to improve the effectiveness 
                of treatments offered by the Department.

    (c) Membership.--
            (1) In general.--The Commission shall be composed of 10 
        members, appointed as follows:
                    (A) Two members appointed by the Speaker of the 
                House of Representatives, at least one of whom shall be 
                a veteran.

[[Page 130 STAT. 771]]

                    (B) Two members appointed by the minority leader of 
                the House of Representatives, at least one of whom shall 
                be a veteran.
                    (C) Two members appointed by the majority leader of 
                the Senate, at least one of whom shall be a veteran.
                    (D) Two members appointed by the minority leader of 
                the Senate, at least one of whom shall be a veteran.
                    (E) <<NOTE: President.>>  Two members appointed by 
                the President, at least one of whom shall be a veteran.
            (2) Qualifications.--Members of the Commission shall be 
        individuals who--
                    (A) are of recognized standing and distinction 
                within the medical community with a background in 
                treating mental health;
                    (B) have experience working with the military and 
                veteran population; and
                    (C) do not have a financial interest in any of the 
                complementary and integrative health treatments reviewed 
                by the Commission.
            (3) <<NOTE: President.>>  Chairman.--The President shall 
        designate a member of the Commission to be the Chairman.
            (4) Period of appointment.--Members of the Commission shall 
        be appointed for the life of the Commission.
            (5) Vacancy.--A vacancy in the Commission shall be filled in 
        the manner in which the original appointment was made.
            (6) Appointment deadline.--The appointment of members of the 
        Commission in this section shall be made not later than 90 days 
        after the date of the enactment of this Act.

    (d) Powers of Commission.--
            (1) Meetings.--
                    (A) <<NOTE: Deadline.>>  Initial meeting.--The 
                Commission shall hold its first meeting not later than 
                30 days after a majority of members are appointed to the 
                Commission.
                    (B) <<NOTE: Determination.>>  Meeting.--The 
                Commission shall regularly meet at the call of the 
                Chairman. Such meetings may be carried out through the 
                use of telephonic or other appropriate telecommunication 
                technology if the Commission determines that such 
                technology will allow the members to communicate 
                simultaneously.
            (2) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive evidence as the Commission considers advisable to carry 
        out the responsibilities of the Commission.
            (3) Information from federal agencies.--The Commission may 
        secure directly from any department or agency of the Federal 
        Government such information as the Commission considers 
        necessary to carry out the duties of the Commission.
            (4) Information from nongovernmental organizations.--In 
        carrying out its duties, the Commission may seek guidance 
        through consultation with foundations, veteran service 
        organizations, nonprofit groups, faith-based organizations, 
        private and public institutions of higher education, and other 
        organizations as the Commission determines appropriate.
            (5) Commission records.--The Commission shall keep an 
        accurate and complete record of the actions and meetings of the 
        Commission. <<NOTE: Public information.>>  Such record shall be 
        made available for public

[[Page 130 STAT. 772]]

        inspection and the Comptroller General of the United States may 
        audit and examine such record.
            (6) Personnel records.--The Commission shall keep an 
        accurate and complete record of the actions and meetings of the 
        Commission. <<NOTE: Public information.>>  Such record shall be 
        made available for public inspection and the Comptroller General 
        of the United States may audit and examine such records.
            (7) Compensation of members; travel expenses.--Each member 
        shall serve without pay but shall receive travel expenses to 
        perform the duties of the Commission, including per diem in lieu 
        of substances, at rates authorized under subchapter I of chapter 
        57 of title 5, United States Code.
            (8) Staff.--The Chairman, in accordance with rules agreed 
        upon the Commission, may appoint and fix the compensation of a 
        staff director and such other personnel as may be necessary to 
        enable the Commission to carry out its functions, without regard 
        to the provisions of title 5, United States Code, governing 
        appointments in the competitive service, without regard to the 
        provision of chapter 51 and subchapter III of chapter 53 of such 
        title relating to classification and General Schedule pay rates, 
        except that no rate of pay fixed under this paragraph may exceed 
        the equivalent of that payable for a position at level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code.
            (9) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission are employees under section 
                2105 of title 5, United States Code, for purpose of 
                chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such 
                title.
                    (B) Members of the commission.--Subparagraph (A) 
                shall not be construed to apply to members of the 
                Commission.
            (10) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in appropriations Acts, enter into 
        contracts to enable the Commission to discharge the duties of 
        the Commission under this Act.
            (11) Expert and consultant service.--The Commission may 
        procure the services of experts and consultants in accordance 
        with section 3109 of title 5, United States Code, at rates not 
        to exceed the daily rate paid to a person occupying a position 
        at level IV of the Executive Schedule under section 5315 of 
        title 5, United States Code.
            (12) Postal service.--The Commission may use the United 
        States mails in the same manner and under the same conditions as 
        departments and agencies of the United States.
            (13) Physical facilities and equipment.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its responsibilities under this Act. These 
        administrative services may include human resource management, 
        budget, leasing accounting, and payroll services.

    (e) Report.--
            (1) Interim reports.--
                    (A) <<NOTE: Time period.>>  In general.--Not later 
                than 60 days after the date on which the Commission 
                first meets, and each 30-day period thereafter ending on 
                the date on which the

[[Page 130 STAT. 773]]

                Commission submits the final report under paragraph (2), 
                the Commission shall submit to the Committees on 
                Veterans' Affairs of the House of Representatives and 
                the Senate and the President a report detailing the 
                level of cooperation the Secretary of Veterans Affairs 
                (and the heads of other departments or agencies of the 
                Federal Government) has provided to the Commission.
                    (B) Other reports.--In carrying out its duties, at 
                times that the Commission determines appropriate, the 
                Commission shall submit to the Committees on Veterans' 
                Affairs of the House of Representatives and the Senate 
                and any other appropriate entities an interim report 
                with respect to the findings identified by the 
                Commission.
            (2) Final report.--Not later than 18 months after the first 
        meeting of the Commission, the Commission shall submit to the 
        Committee on Veterans' Affairs of the House of Representatives 
        and the Senate, the President, and the Secretary of Veterans 
        Affairs a final report on the findings of the Commission. Such 
        report shall include the following:
                    (A) <<NOTE: Recommenda- tions.>>  Recommendations to 
                implement in a feasible, timely, and cost-efficient 
                manner the solutions and remedies identified within the 
                findings of the Commission pursuant to subsection (b).
                    (B) <<NOTE: Analysis.>>  An analysis of the 
                evidence-based therapy model used by the Secretary of 
                Veterans Affairs for treating veterans with mental 
                health care issues, and an examination of the prevalence 
                and efficacy of prescription drugs as a means for 
                treatment.
                    (C) The findings of the patient-centered survey 
                conducted within each of the Veterans Integrated Service 
                Networks pursuant to subsection (b)(2).
                    (D) <<NOTE: Examination.>>  An examination of 
                complementary and integrative health treatments 
                described in subsection (b)(3) and the potential 
                benefits of incorporating such treatments in the therapy 
                models used by the Secretary for treating veterans with 
                mental health issues.
            (3) Plan.--Not later than 90 days after the date on which 
        the Commission submits the final report under paragraph (2), the 
        Secretary of Veterans Affairs shall submit to the Committees on 
        Veterans' Affairs of the House of Representatives and the Senate 
        a report on the following:
                    (A) An action plan for implementing the 
                recommendations established by the Commission on such 
                solutions and remedies for improving wellness-based 
                outcomes for veterans with mental health care issues.
                    (B) <<NOTE: Timeframe.>>  A feasible timeframe on 
                when the complementary and integrative health treatments 
                described in subsection (b)(3) can be implemented 
                Department-wide.
                    (C) With respect to each recommendation established 
                by the Commission, including any complementary and 
                integrative health treatment, that the Secretary 
                determines is not appropriate or feasible to implement, 
                a justification for such determination and an 
                alternative solution to improve the efficacy of the 
                therapy models used by the Secretary for treating 
                veterans with mental health issues.

[[Page 130 STAT. 774]]

    (f) Termination of Commission.--The Commission shall terminate 30 
days after the Commission submits the final report under subsection 
(e)(2).
SEC. 932. <<NOTE: 38 USC 1701 note.>>  EXPANSION OF RESEARCH AND 
                        EDUCATION ON AND DELIVERY OF COMPLEMENTARY 
                        AND INTEGRATIVE HEALTH TO VETERANS.

    (a) Development of Plan To Expand Research, Education, and 
Delivery.--Not later <<NOTE: Deadline.>>  than 180 days after the date 
of the enactment of this Act, the Secretary of Veterans Affairs shall 
develop a plan to expand materially and substantially the scope of the 
effectiveness of research and education on, and delivery and integration 
of, complementary and integrative health services into the health care 
services provided to veterans.

    (b) Elements.--The plan required by subsection (a) shall provide for 
the following:
            (1) Research on the following:
                    (A) The effectiveness of various complementary and 
                integrative health services, including the effectiveness 
                of such services integrated with clinical services.
                    (B) Approaches to integrating complementary and 
                integrative health services into other health care 
                services provided by the Department of Veterans Affairs.
            (2) Education and training for health care professionals of 
        the Department on the following:
                    (A) Complementary and integrative health services 
                selected by the Secretary for purposes of the plan.
                    (B) Appropriate uses of such services.
                    (C) Integration of such services into the delivery 
                of health care to veterans.
            (3) Research, education, and clinical activities on 
        complementary and integrative health at centers of innovation at 
        medical centers of the Department.
            (4) Identification or development of metrics and outcome 
        measures to evaluate the effectiveness of the provision and 
        integration of complementary and integrative health services 
        into the delivery of health care to veterans.
            (5) Integration and delivery of complementary and 
        integrative health services with other health care services 
        provided by the Department.

    (c) Consultation.--
            (1) In general.--In carrying out subsection (a), the 
        Secretary shall consult with the following:
                    (A) The Director of the National Center for 
                Complementary and Integrative Health of the National 
                Institutes of Health.
                    (B) The Commissioner of Food and Drugs.
                    (C) Institutions of higher education, private 
                research institutes, and individual researchers with 
                extensive experience in complementary and integrative 
                health and the integration of complementary and 
                integrative health practices into the delivery of health 
                care.
                    (D) Nationally recognized providers of complementary 
                and integrative health.
                    (E) Such other officials, entities, and individuals 
                with expertise on complementary and integrative health 
                as the Secretary considers appropriate.

[[Page 130 STAT. 775]]

            (2) Scope of consultation.--The Secretary shall undertake 
        consultation under paragraph (1) in carrying out subsection (a) 
        with respect to the following:
                    (A) To develop the plan.
                    (B) To identify specific complementary and 
                integrative health practices that, on the basis of 
                research findings or promising clinical interventions, 
                are appropriate to include as services to veterans.
                    (C) To identify barriers to the effective provision 
                and integration of complementary and integrative health 
                services into the delivery of health care to veterans, 
                and to identify mechanisms for overcoming such barriers.
SEC. 933. <<NOTE: 38 USC 1701 note.>>  PILOT PROGRAM ON 
                        INTEGRATION OF COMPLEMENTARY AND 
                        INTEGRATIVE HEALTH AND RELATED ISSUES FOR 
                        VETERANS AND FAMILY MEMBERS OF VETERANS.

    (a) <<NOTE: Assessments.>>  Pilot Program.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date on which the Secretary of Veterans Affairs 
        receives the final report under section 931(e)(2), the Secretary 
        shall commence a pilot program to assess the feasibility and 
        advisability of using complementary and integrative health and 
        wellness-based programs (as defined by the Secretary) to 
        complement the provision of pain management and related health 
        care services, including mental health care services, to 
        veterans.
            (2) Matters addressed.--In carrying out the pilot program, 
        the Secretary shall assess the following:
                    (A) Means of improving coordination between Federal, 
                State, local, and community providers of health care in 
                the provision of pain management and related health care 
                services to veterans.
                    (B) Means of enhancing outreach, and coordination of 
                outreach, by and among providers of health care referred 
                to in subparagraph (A) on the pain management and 
                related health care services available to veterans.
                    (C) Means of using complementary and integrative 
                health and wellness-based programs of providers of 
                health care referred to in subparagraph (A) as 
                complements to the provision by the Department of 
                Veterans Affairs of pain management and related health 
                care services to veterans.
                    (D) Whether complementary and integrative health and 
                wellness-based programs described in subparagraph (C)--
                          (i) are effective in enhancing the quality of 
                      life and well-being of veterans;
                          (ii) are effective in increasing the adherence 
                      of veterans to the primary pain management and 
                      related health care services provided such 
                      veterans by the Department;
                          (iii) have an effect on the sense of well-
                      being of veterans who receive primary pain 
                      management and related health care services from 
                      the Department; and
                          (iv) are effective in encouraging veterans 
                      receiving health care from the Department to adopt 
                      a more healthy lifestyle.

[[Page 130 STAT. 776]]

    (b) Duration.--The Secretary shall carry out the pilot program under 
subsection (a)(1) for a period of three years.
    (c) Locations.--
            (1) Facilities.--The Secretary shall carry out the pilot 
        program under subsection (a)(1) at facilities of the Department 
        providing pain management and related health care services, 
        including mental health care services, to veterans. In selecting 
        such facilities to carry out the pilot program, the Secretary 
        shall select not fewer than 15 geographically diverse medical 
        centers of the Department, of which not fewer than two shall be 
        polytrauma rehabilitation centers of the Department.
            (2) Medical centers with prescription rates of opioids that 
        conflict with care standards.--In selecting the medical centers 
        under paragraph (1), the Secretary shall give priority to 
        medical centers of the Department at which there is a 
        prescription rate of opioids that conflicts with or is otherwise 
        inconsistent with the standards of appropriate and safe care.

    (d) Provision of Services.--Under the pilot program under subsection 
(a)(1), the Secretary shall provide covered services to covered veterans 
by integrating complementary and integrative health services with other 
services provided by the Department at the medical centers selected 
under subsection (c).
    (e) Covered Veterans.--For purposes of the pilot program under 
subsection (a)(1), a covered veteran is any veteran who--
            (1) has a mental health condition diagnosed by a clinician 
        of the Department;
            (2) experiences chronic pain;
            (3) has a chronic condition being treated by a clinician of 
        the Department; or
            (4) is not described in paragraph (1), (2), or (3) and 
        requests to participate in the pilot program or is referred by a 
        clinician of the Department who is treating the veteran.

    (f) Covered Services.--
            (1) In general.--For purposes of the pilot program, covered 
        services are services consisting of complementary and 
        integrative health services as selected by the Secretary.
            (2) Administration of services.--Covered services shall be 
        administered under the pilot program as follows:
                    (A) Covered services shall be administered by 
                professionals or other instructors with appropriate 
                training and expertise in complementary and integrative 
                health services who are employees of the Department or 
                with whom the Department enters into an agreement to 
                provide such services.
                    (B) Covered services shall be included as part of 
                the Patient Aligned Care Teams initiative of the Office 
                of Patient Care Services, Primary Care Program Office, 
                in coordination with the Office of Patient Centered Care 
                and Cultural Transformation.
                    (C) Covered services shall be made available to--
                          (i) covered veterans who have received 
                      conventional treatments from the Department for 
                      the conditions for which the covered veteran seeks 
                      complementary and integrative health services 
                      under the pilot program; and

[[Page 130 STAT. 777]]

                          (ii) covered veterans who have not received 
                      conventional treatments from the Department for 
                      such conditions.

    (g) Reports.--
            (1) In general.--Not later than 30 months after the date on 
        which the Secretary commences the pilot program under subsection 
        (a)(1), the Secretary shall submit to the Committee on Veterans' 
        Affairs of the Senate and the Committee on Veterans' Affairs of 
        the House of Representatives a report on the pilot program.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) The findings and conclusions of the Secretary 
                with respect to the pilot program under subsection 
                (a)(1), including with respect to--
                          (i) the use and efficacy of the complementary 
                      and integrative health services established under 
                      the pilot program;
                          (ii) the outreach conducted by the Secretary 
                      to inform veterans and community organizations 
                      about the pilot program; and
                          (iii) <<NOTE: Assessment.>>  an assessment of 
                      the benefit of the pilot program to covered 
                      veterans in mental health diagnoses, pain 
                      management, and treatment of chronic illness.
                    (B) Identification of any unresolved barriers that 
                impede the ability of the Secretary to incorporate 
                complementary and integrative health services with other 
                health care services provided by the Department.
                    (C) <<NOTE: Recommenda- tions.>>  Such 
                recommendations for the continuation or expansion of the 
                pilot program as the Secretary considers appropriate.

              Subtitle D--Fitness of Health Care Providers

SEC. 941. <<NOTE: 38 USC 1701 note.>>  ADDITIONAL REQUIREMENTS FOR 
                        HIRING OF HEALTH CARE PROVIDERS BY 
                        DEPARTMENT OF VETERANS AFFAIRS.

    As part of the hiring process for each health care provider 
considered for a position at the Department of Veterans Affairs after 
the date of the enactment of the Act, the Secretary of Veterans Affairs 
shall require from the medical board of each State in which the health 
care provider has or had a medical license--
            (1) <<NOTE: Time period.>>  information on any violation of 
        the requirements of the medical license of the health care 
        provider during the 20-year period preceding the consideration 
        of the health care provider by the Department; and
            (2) information on whether the health care provider has 
        entered into any settlement agreement for a disciplinary charge 
        relating to the practice of medicine by the health care 
        provider.
SEC. 942. <<NOTE: 38 USC 1701 note.>>  PROVISION OF INFORMATION ON 
                        HEALTH CARE PROVIDERS OF DEPARTMENT OF 
                        VETERANS AFFAIRS TO STATE MEDICAL BOARDS.

    Notwithstanding section 552a of title 5, United States Code, with 
respect to each health care provider of the Department of Veterans 
Affairs who has violated a requirement of the medical

[[Page 130 STAT. 778]]

license of the health care provider, the Secretary of Veterans Affairs 
shall provide to the medical board of each State in which the health 
care provider is licensed detailed information with respect to such 
violation, regardless of whether such board has formally requested such 
information.
SEC. 943. <<NOTE: 38 USC 1701 note.>>  REPORT ON COMPLIANCE BY 
                        DEPARTMENT OF VETERANS AFFAIRS WITH 
                        REVIEWS OF HEALTH CARE PROVIDERS LEAVING 
                        THE DEPARTMENT OR TRANSFERRING TO OTHER 
                        FACILITIES.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report on the compliance by the 
Department of Veterans Affairs with the policy of the Department--
            (1) <<NOTE: Review.>>  to conduct a review of each health 
        care provider of the Department who transfers to another medical 
        facility of the Department, resigns, retires, or is terminated 
        to determine whether there are any concerns, complaints, or 
        allegations of violations relating to the medical practice of 
        the health care provider; and
            (2) to take appropriate action with respect to any such 
        concern, complaint, or allegation.

                        Subtitle E--Other Matters

SEC. 951. <<NOTE: 38 USC 1701 note.>>  MODIFICATION TO LIMITATION 
                        ON AWARDS AND BONUSES.

    Section 705 of the Veterans Access, Choice, and Accountability Act 
of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended to read as 
follows:
``SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF 
                        DEPARTMENT OF VETERANS AFFAIRS.

    ``(a) Limitation.--The Secretary of Veterans Affairs shall ensure 
that the aggregate amount of awards and bonuses paid by the Secretary in 
a fiscal year under chapter 45 or 53 of title 5, United States Code, or 
any other awards or bonuses authorized under such title or title 38, 
United States Code, does not exceed the following amounts:
            ``(1) With respect to each of fiscal years 2017 through 
        2018, $230,000,000.
            ``(2) With respect to each of fiscal years 2019 through 
        2021, $225,000,000.
            ``(3) With respect to each of fiscal years 2022 through 
        2024, $360,000,000.

    ``(b) Sense of Congress.--It is the sense of Congress that the 
limitation under subsection (a) should not disproportionately impact 
lower-wage employees and that the Department of Veterans

[[Page 130 STAT. 779]]

Affairs is encouraged to use bonuses to incentivize high-performing 
employees in areas in which retention is challenging.''.

    Approved July 22, 2016.

LEGISLATIVE HISTORY--S. 524 (H.R. 1725) (H.R. 1818) (H.R. 3680) (H.R. 
3691) (H.R. 4063) (H.R. 4586) (H.R. 4599) (H.R. 4641) 
(H.R. 4843) (H.R. 4892) (H.R. 4969) (H.R. 4976) 
(H.R. 4978) (H.R. 4981) (H.R. 4982) (H.R. 4985) 
(H.R. 5046) (H.R. 5048) (H.R. 5052):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 114-669 (Comm. of Conference), 114-245 (Comm. on 
Energy and Commerce) accompanying H.R. 1725, 114-552 (Comm. on Energy 
and Commerce) accompanying H.R. 1818, 114-553 (Comm. on Energy and 
Commerce) accompanying 
H.R. 3680, 114-554 (Comm. on Energy and Commerce) accompanying H.R. 
3691, 114-646 (Comm. on Veterans' Affairs) accompanying H.R. 4063, 114-
555 (Comm. on Energy and Commerce) accompanying H.R. 4586, 114-556 
(Comm. on Energy and Commerce) accompanying H.R. 4599, 114-536 (Comm. on 
Energy and Commerce) accompanying H.R. 4641, 114-548 (Comm. on Education 
and the Workforce) accompanying H.R. 4843, 114-558 (Comm. on Energy and 
Commerce) accompanying H.R. 4969, 114-557 (Comm. on Energy and the 
Workforce) accompanying H.R. 4976, 114-559 (Comm. on Energy and 
Commerce) accompanying H.R. 4978, 114-561 (Comm. on Energy and Commerce) 
accompanying H.R. 4981, 114-560 (Comm. on Energy and Commerce) 
accompanying H.R. 4982, 114-547, Pt. 1 (Comm. on the Judiciary) 
accompanying 
H.R. 4985, 114-539 (Comm. on the Judiciary) accompanying H.R. 5046, 114-
540 (Comm. on the Judiciary) accompanying H.R. 5048, and 114-541, Pt. 1 
(Comm. on the Judiciary) accompanying H.R. 5052.
CONGRESSIONAL RECORD, Vol. 162 (2016):
            Mar. 2, 3, 7-10, considered and passed Senate.
            May 13, considered and passed House, amended.
            July 8, House agreed to conference report.
            July 11-13, Senate considered and agreed to conference 
                report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016):
            July 22, Presidential statement.

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