Stem the Tide of Overdose Prevalence from Opiate Drugs Act of 2016 or as the STOP OD Act of 2016
This bill permits the Centers for Disease Control and Prevention (CDC) to award grants: (1) to expand educational efforts to prevent abuse of opioids, which are drugs with effects similar to opium, such as heroin; (2) to promote treatment of persons who abuse opioids; and (3) to promote understanding of addiction.
The Department of Health and Human Services (HHS) may award grants to: (1) support first responders carrying and administering naloxone, which is a prescription drug used to rapidly reverse an opioid overdose; (2) establish processes for referral to treatment for opioid abuse; and (3) reimburse for testing for fentanyl in opioid overdoses and reporting the results to the CDC.
This bill amends the Controlled Substances Act to impose a fee on persons convicted of drug offenses. Collected amounts are made available for the HHS grants in this bill.
Specified agencies must submit to the Office of E-Government and Information Technology of the Office of Management and Budget an inventory of agency data centers and a strategy to consolidate and optimize the data centers.
The bill revises reporting requirements for the Department of Defense (DOD) regarding data centers. DOD and the Director of National Intelligence may waive this bill's data center requirements for any national security system.
The bill sets forth requirements for the Office of E-Government and Information Technology, including that the office must publish a goal for cost savings and optimization.
The bill's provisions regarding data centers are repealed at the start of FY2021.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5432 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5432
To prevent the abuse of opiates, to improve response and treatment for
the abuse of opiates and related overdoses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2016
Mr. Joyce (for himself and Mr. Ryan of Ohio) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on the Judiciary, Oversight and
Government Reform, and Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prevent the abuse of opiates, to improve response and treatment for
the abuse of opiates and related overdoses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stem the Tide of Overdose Prevalence
from Opiate Drugs Act of 2016'' or as the ``STOP OD Act of 2016''.
SEC. 2. SENSE OF CONGRESS.
Congress finds as follows:
(1) The increase in fentanyl-related unintentional overdose
fatalities presents another life-threatening scenario for its
victims and threatens first-responders.
(2) The U.S. Sentencing Commission--
(A) ought to consider the presence of fentanyl in
connection to the illicit distribution of an illicit
substance, as a cutting agent; and
(B) if fentanyl is present as a cutting agent or in
its pure form, may consider such presence as an
aggravating factor at sentencing.
(3) Better identification and reporting practices by
medical examiners and coroners to identify fentanyl in an
overdose mortality will help the States and the Federal
Government to allocate resources more accurately. Those
findings ought to be confidential but for any aggregate data
released by the appropriate government agency.
(4) Congress encourages States to expand training
opportunities to first responders to administer naloxone.
(5) Eliminating the civil liability of first responders
administering naloxone would save lives and protect our
emergency personnel.
SEC. 3. EXPANSION OF EDUCATIONAL CAMPAIGN GRANTS.
(a) In General.--For each of fiscal years 2017 and 2018, the
Director of the Centers for Disease Control and Prevention, in
consultation with the Director of the Office of National Drug Control
Policy, may make not more than $75,000,000 in grants to eligible
grantees for the following purposes:
(1) Expansion of educational efforts to prevent abuse of
opiates including heroin.
(2) Promotion of treatment and recovery of persons who
abuse such substances.
(3) Efforts to promote understanding of addiction as a
chronic disease.
(b) Eligible Grantees.--A grant under this section may be made only
to the following entities:
(1) A State, with grants first being awarded to States with
laws in effect that provide for immunity from civil liability
for first responders and health professionals who administer
naloxone in the course of their duty to counteract opiate
overdoses.
(2) A local government.
(3) A nonprofit organization.
(4) An organization that has received a grant under the
Drug-Free Communities Act of 1997 to implement a comprehensive
community-wide strategy that addresses a local drug crisis.
(c) Amount of Grants.--The amount of a grant under this section to
an eligible grantee for a fiscal year may not be more than $100,000.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $75,000,000 for each of fiscal
years 2017 and 2018.
SEC. 4. GRANTS FOR NALOXONE, TRAINING IN THE ADMINISTRATION OF
NALOXONE, AND TESTING FOR FENTANYL.
(a) In General.--For each of fiscal years 2017 and 2018, the
Secretary of Health and Human Services, in consultation with the
Director of the Office of National Drug Control Policy, may make grants
to eligible applicants to--
(1) make naloxone available to be carried and administered
by first responders in the course of their official duties;
(2) train and provide resources for first responders for
carrying and administering naloxone in the course of their
official duties to prevent deaths from opiate (including
heroin) overdoses;
(3) establish processes, protocols, and mechanisms for
referral to treatment for opiate abuse; and
(4) provide rebates for the testing of fentanyl in
unintentional overdoses on opiates and report the results of
such testing to the Centers for Disease Control and Prevention.
(b) Eligible Applicant.--A grant under this section may be made
only to a State or local government, or a nonprofit organization, that
submits an application that includes the following:
(1) A description of the evidence-based methodology and
outcome measurements that will be used to evaluate any program
funded by the eligible applicant with a grant under this
section, and a specific explanation of how such measurements
will provide valid measures of the impact of the program.
(2) A description of how the program could be broadly
replicated if demonstrated to be effective.
(3) An identification of the governmental and community
agencies with respect to which the eligible applicant will
provide coordination carrying out the program.
(4) A description of how first responders will coordinate
with corresponding State substance abuse clinics and coroners
and medical examiners to identify protocols and resources that
are available, including information on treatment and recovery
resources.
(c) Maximum Amount.--The amount of a grant under this section to an
eligible applicant for a fiscal year may not be more than $200,000.
(d) First Responders Defined.--In this section, the term ``first
responders'' means law enforcement officers, emergency medical
technicians, and firefighters.
(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $150,000,000 for each of fiscal
years 2017 and 2018.
SEC. 5. FEE FOR FENTANYL.
Section 401 of the Controlled Substances Act (21 U.S.C. 841) is
amended by adding at the end the following:
``(i) Fee for fentanyl.--In the case of any
person who is convicted of a violation of
subsection (a), or of a conspiracy to violate
subsection (a) (including conviction arising
from a plea of guilty or nolo contendere), the
court shall, in addition to any other penalty,
impose a fee of $80. Amounts collected as fees
under this subsection shall be available to the
Attorney General for fiscal years 2017 and 2018
for grants under section 4 of the Stem the Tide
of Overdose Prevalence from Opiate Drugs Act of
2016.''.
SEC. 6. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE.
(a) Federal Data Center Consolidation Inventories and Strategies.--
(1) In general.--
(A) Annual reporting.--Except as provided in
subparagraph (C), each year, beginning in the first
fiscal year after the date of the enactment of this Act
and each fiscal year thereafter, the head of each
covered agency, assisted by the Chief Information
Officer of the agency, shall submit to the
Administrator--
(i) a comprehensive inventory of the data
centers owned, operated, or maintained by or on
behalf of the agency; and
(ii) a multiyear strategy to achieve the
consolidation and optimization of the data
centers inventoried under clause (i), that
includes--
(I) performance metrics--
(aa) that are consistent
with the Government-wide data
center consolidation and
optimization metrics; and
(bb) by which the
quantitative and qualitative
progress of the agency toward
the goals of the FDCCI can be
measured;
(II) a timeline for agency
activities to be completed under the
FDCCI, with an emphasis on benchmarks
the agency can achieve by specific
dates;
(III) year-by-year calculations of
investment and cost savings for the
period beginning on the date of the
enactment of this Act and ending on the
date set forth in subsection (e),
broken down by each year, including a
description of any initial costs for
data center consolidation and
optimization and life cycle cost
savings and other improvements, with an
emphasis on--
(aa) meeting the
Government-wide data center
consolidation and optimization
metrics; and
(bb) demonstrating the
amount of agency-specific cost
savings each fiscal year
achieved through the FDCCI; and
(IV) any additional information
required by the Administrator.
(B) Use of other reporting structures.--The
Administrator may require a covered agency to include
the information required to be submitted under this
subsection through reporting structures determined by
the Administrator to be appropriate.
(C) Department of defense reporting.--For any year
that the Department of Defense is required to submit a
performance plan for reduction of resources required
for data servers and centers, as required under section
2867(b) of the National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a note), the Department
of Defense--
(i) may submit to the Administrator, in
lieu of the multiyear strategy required under
subparagraph (A)(ii)--
(I) the defense-wide plan required
under section 2867(b)(2) of the
National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a
note); and
(II) the report on cost savings
required under section 2867(d) of the
National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a
note); and
(ii) shall submit the comprehensive
inventory required under subparagraph (A)(i),
unless the defense-wide plan required under
section 2867(b)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (10
U.S.C. 2223a note)--
(I) contains a comparable
comprehensive inventory; and
(II) is submitted under clause (i).
(D) Statement.--Each year, beginning in the first
fiscal year after the date of the enactment of this Act
and each fiscal year thereafter, the head of each
covered agency, acting through the Chief Information
Officer of the agency, shall--
(i)(I) submit a statement to the
Administrator stating whether the agency has
complied with the requirements of this section;
and
(II) make the statement submitted under
subclause (I) publicly available; and
(ii) if the agency has not complied with
the requirements of this section, submit a
statement to the Administrator explaining the
reasons for not complying with such
requirements.
(E) Agency implementation of strategies.--
(i) In general.--Each covered agency, under
the direction of the Chief Information Officer
of the agency, shall--
(I) implement the strategy required
under subparagraph (A)(ii); and
(II) provide updates to the
Administrator, on a quarterly basis,
of--
(aa) the completion of
activities by the agency under
the FDCCI;
(bb) any progress of the
agency towards meeting the
Government-wide data center
consolidation and optimization
metrics; and
(cc) the actual cost
savings and other improvements
realized through the
implementation of the strategy
of the agency.
(ii) Department of defense.--For purposes
of clause (i)(I), implementation of the
defense-wide plan required under section
2867(b)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (10
U.S.C. 2223a note) by the Department of Defense
shall be considered implementation of the
strategy required under subparagraph (A)(ii).
(F) Rule of construction.--Nothing in this section
shall be construed to limit the reporting of
information by a covered agency to the Administrator,
the Director of the Office of Management and Budget, or
Congress.
(2) Administrator responsibilities.--The Administrator
shall--
(A) establish the deadline, on an annual basis, for
covered agencies to submit information under this
section;
(B) establish a list of requirements that the
covered agencies must meet to be considered in
compliance with paragraph (1);
(C) ensure that information relating to agency
progress towards meeting the Government-wide data
center consolidation and optimization metrics is made
available in a timely manner to the general public;
(D) review the inventories and strategies submitted
under paragraph (1) to determine whether they are
comprehensive and complete;
(E) monitor the implementation of the data center
strategy of each covered agency that is required under
paragraph (1)(A)(ii);
(F) update, on an annual basis, the cumulative cost
savings realized through the implementation of the
FDCCI; and
(G) establish metrics applicable to the
consolidation and optimization of data centers
Government-wide, including metrics with respect to--
(i) costs;
(ii) efficiencies, including, at a minimum,
server efficiency; and
(iii) any other factors the Administrator
considers appropriate.
(3) Cost saving goal and updates for congress.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, the Administrator
shall develop, and make publicly available, a goal,
broken down by year, for the amount of planned cost
savings and optimization improvements achieved through
the FDCCI during the period beginning on the date of
the enactment of this Act and ending on the date set
forth in subsection (e).
(B) Annual update.--
(i) In general.--Not later than one year
after the date on which the goal described in
subparagraph (A) is made publicly available,
and each year thereafter, the Administrator
shall aggregate the reported cost savings of
each covered agency and optimization
improvements achieved to date through the FDCCI
and compare the savings to the projected cost
savings and optimization improvements developed
under subparagraph (A).
(ii) Update for congress.--The goal
required to be developed under subparagraph (A)
shall be submitted to Congress and shall be
accompanied by a statement describing--
(I) the extent to which each
covered agency has developed and
submitted a comprehensive inventory
under paragraph (1)(A)(i), including an
analysis of the inventory that details
specific numbers, use, and efficiency
level of data centers in each
inventory; and
(II) the extent to which each
covered agency has submitted a
comprehensive strategy that addresses
the items listed in paragraph
(1)(A)(ii).
(4) GAO review.--
(A) In general.--Not later than one year after the
date of the enactment of this Act, and each year
thereafter, the Comptroller General of the United
States shall review and verify the quality and
completeness of the inventory and strategy of each
covered agency required under paragraph (1)(A).
(B) Report.--The Comptroller General of the United
States shall, on an annual basis, publish a report on
each review conducted under subparagraph (A).
(b) Ensuring Cybersecurity Standards for Data Center Consolidation
and Cloud Computing.--
(1) In general.--In implementing a data center
consolidation and optimization strategy under this section, a
covered agency shall do so in a manner that is consistent with
Federal guidelines on cloud computing security, including--
(A) applicable provisions found within the Federal
Risk and Authorization Management Program (FedRAMP);
and
(B) guidance published by the National Institute of
Standards and Technology.
(2) Rule of construction.--Nothing in this section shall be
construed to limit the ability of the Director of the Office of
Management and Budget to update or modify the Federal
guidelines on cloud computing security.
(c) Waiver of Requirements.--The Director of National Intelligence
and the Secretary of Defense, or their respective designee, may waive
the applicability to any national security system, as defined in
section 3552 of title 44, United States Code, of any provision of this
section if the Director of National Intelligence or the Secretary of
Defense, or their respective designee, determines that such waiver is
in the interest of national security. Not later than 30 days after
making a waiver under this subsection, the Director of National
Intelligence or the Secretary of Defense, or their respective designee,
shall submit to the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the Senate and the
Committee on Oversight and Government Reform and the Permanent Select
Committee on Intelligence of the House of Representatives a statement
describing the waiver and the reasons for the waiver.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Electronic Government
established under section 3602 of title 44, United States Code
(and also known as the Office of E-Government and Information
Technology), within the Office of Management and Budget.
(2) Covered agency.--The term ``covered agency'' means the
following (including all associated components of the agency):
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Defense.
(D) Department of Education.
(E) Department of Energy.
(F) Department of Health and Human Services.
(G) Department of Homeland Security.
(H) Department of Housing and Urban Development.
(I) Department of the Interior.
(J) Department of Justice.
(K) Department of Labor.
(L) Department of State.
(M) Department of Transportation.
(N) Department of Treasury.
(O) Department of Veterans Affairs.
(P) Environmental Protection Agency.
(Q) General Services Administration.
(R) National Aeronautics and Space Administration.
(S) National Science Foundation.
(T) Nuclear Regulatory Commission.
(U) Office of Personnel Management.
(V) Small Business Administration.
(W) Social Security Administration.
(X) United States Agency for International
Development.
(3) FDCCI.--The term ``FDCCI'' means the Federal Data
Center Consolidation Initiative described in the Office of
Management and Budget Memorandum on the Federal Data Center
Consolidation Initiative, dated February 26, 2010, or any
successor thereto.
(4) Government-wide data center consolidation and
optimization metrics.--The term ``Government-wide data center
consolidation and optimization metrics'' means the metrics
established by the Administrator under subsection (a)(2)(G).
(e) Sunset.--This section is repealed effective on October 1, 2020.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``fentanyl'' means an opiate analgesic that is
listed as a controlled substance in schedule II under section
202 of the Controlled Substances Act (21 U.S.C. 812).
(2) The term ``naloxone'' means the opiate antagonist
naloxone, approved by the Food and Drug Administration, in any
approved manner of administration.
(3) The term ``opiate'' has the meaning given such term in
section 102(18) of the Controlled Substances Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Referred to the Subcommittee on Military Personnel.