Support, Treatment, and Overdose Prevention of Fentanyl Act of 2021 or the STOP Fentanyl Act of 2021
This bill addresses data collection, treatment, harm reduction, and other issues related to substance misuse and addiction. It particularly focuses on opioids, fentanyl, and related substances.
Specifically, the bill expands surveillance of fentanyl and related substances. This includes establishing a pilot program to screen for contaminants in illicit drugs and a grant program to collect data on fentanyl-involved overdoses. The bill also specifies requirements concerning the collection and use of information about drugs seized by law enforcement.
Additionally, the bill establishes and modifies requirements to increase access to treatment and prevention services. For example, the Bureau of Prisons must make certain services, including medication-assisted treatments, available to individuals in its custody. The bill also
Furthermore, the bill limits civil and criminal liability under specified laws for individuals who administer opioid overdose reversal drugs to an individual who reasonably appears to be experiencing an overdose, as well as for individuals who seek medical attention for themselves or on behalf of another for a drug overdose.
The bill also requires multiple reports, including a report by the Department of State on foreign sources of certain drugs.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2366 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2366
To establish programs to address addiction and overdoses caused by
illicit fentanyl and other opioids, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 5, 2021
Ms. Kuster (for herself and Ms. Blunt Rochester) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on the Judiciary, 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 establish programs to address addiction and overdoses caused by
illicit fentanyl and other opioids, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Support,
Treatment, and Overdose Prevention of Fentanyl Act of 2021'' or the
``STOP Fentanyl Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
TITLE I--FENTANYL RESEARCH AND EDUCATION
Sec. 101. Enhanced fentanyl surveillance.
Sec. 102. Collection of overdose data.
Sec. 103. Fentanyl detection.
Sec. 104. GAO report on international mail and cargo screening.
Sec. 105. Contingency management program.
TITLE II--OVERDOSE PREVENTION AND SUBSTANCE USE DISORDER TREATMENT
PROGRAMS
Sec. 201. NAM report on overdose prevention centers.
Sec. 202. Naloxone.
Sec. 203. Good Samaritan immunity.
Sec. 204. Medication-assisted treatment.
Sec. 205. Telehealth for substance use disorder treatment.
Sec. 206. Grant program on harms of drug misuse.
Sec. 207. Opioid treatment education.
TITLE III--PUBLIC HEALTH DATA AND TRAINING SUPPORT FOR FENTANYL
DETECTION
Sec. 301. Public health support for law enforcement.
Sec. 302. Report on countries that produce synthetic drugs.
Sec. 303. Grants to improve public health surveillance in forensic
laboratories.
SEC. 2. DEFINITIONS.
In this Act, except as otherwise provided:
(1) The term ``Assistant Secretary'' means the Assistant
Secretary for Mental Health and Substance Use.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
(3) The term ``fentanyl-related substance'' has the meaning
given the term in section 1308.11(h)(30)(i) of title 21, Code
of Federal Regulations (or successor regulations).
SEC. 3. FINDINGS.
Congress finds the following:
(1) The opioid epidemic has led to a rise in overdose
deaths across the Nation.
(2) In 2017, the number of overdose deaths involving
opioids, including fentanyl, was six times higher than in 1999.
(3) The age-adjusted rate of drug overdose deaths involving
synthetic opioids other than methadone increased by 10 percent
from 2017 to 2018.
(4) The COVID-19 pandemic has been associated with
substance use. According to the Centers for Disease Control and
Prevention (CDC), 13 percent of surveyed adults had started or
increased substance use to cope with stress or emotions related
to COVID-19.
(5) Federal agencies, along with Federal, State, and local
lawmakers, have worked together to respond to the rise in
overdose deaths through increased funding and targeted policy
initiatives.
(6) This includes the successful passage of the
Comprehensive Addiction and Recovery Act of 2016 (CARA), the
21st Century Cures Act, and the Substance Use-Disorder
Prevention that Promotes Opioid Recovery and Treatment for
Patients and Communities Act (SUPPORT for Patient and
Communities Act).
(7) These efforts have helped prevent, treat, and combat
the opioid epidemic, but the rise in overdose deaths involving
synthetic opioids like fentanyl means that not all communities
are seeing a reduction in fatalities.
(8) Drug overdose deaths in the United States involving
fentanyl have risen from 2011 through 2016, growing from 1,600
fentanyl overdose related deaths in 2011 and 2012 to 18,000
deaths in 2016.
(9) This rise in fentanyl overdose related deaths has
disproportionately impacted communities of color.
(10) According to the Centers for Disease Control and
Prevention (CDC), drug overdose death rates involving fentanyl
for non-Hispanic African Americans had the largest annual
percentage increase from 2011 to 2016 at 140.6 percent per
year, followed by Hispanic persons at 118.3 percent per year.
Fentanyl-involved overdose rates for non-Hispanic White persons
increased by 108.8 percent from 2013 to 2016.
(11) According to the CDC, rates of drug overdose deaths
involving fentanyl increased exponentially from 2011 through
2016 for most regions of the United States.
(12) Fentanyl is increasingly being identified in nonopioid
substances, like methamphetamine and cocaine.
(13) By 2017, over half of heroin and cocaine overdose
death records involved synthetic opioids.
(14) Previous policies to counter the widespread use of
illicit substances through tougher sentencing guidelines
disproportionately impact communities of color.
(15) There is a growing need for a comprehensive plan
focused on monitoring, researching, treating, and preventing
fentanyl overdose deaths.
(16) Taking a public health approach to reversing overdose
death trends and promoting equity should emphasize increasing
research and expanding access to treatment.
TITLE I--FENTANYL RESEARCH AND EDUCATION
SEC. 101. ENHANCED FENTANYL SURVEILLANCE.
(a) In General.--The Director of the Centers for Disease Control
and Prevention shall enhance the drug surveillance program of the
Centers by--
(1) expanding such surveillance program to include all 50
States, the territories of the United States, and all Tribes
and Tribal organizations;
(2) increasing and accelerating the collection of data on
fentanyl, fentanyl-related substances, other synthetic opioids,
and new emerging drugs of abuse, including related overdose
data from medical examiners and drug treatment admissions and
information regarding drug seizures; and
(3) utilizing available and emerging information on
fentanyl, fentanyl-related substances, other synthetic opioids,
and new emerging drugs of abuse, including information from--
(A) the National Drug Early Warning System;
(B) State and local public health authorities;
(C) Federal, State, and local public health
laboratories; and
(D) drug seizures by Federal, State, and local law
enforcement agencies, including information from the
National Seizure System and the National Forensic
Laboratory Information System of the Drug Enforcement
Administration.
(b) Information Sharing.--The Director of the Centers for Disease
Control and Prevention shall share the information collected through
the drug surveillance program of the Centers with entities including
the Office of National Drug Control Policy, State and local public
health agencies, and Federal, State, and local law enforcement
agencies.
(c) Law Enforcement Reporting.--Each Federal law enforcement agency
shall report information on all drug seizures by that agency to the
Drug Enforcement Administration for inclusion in the National Seizure
System.
(d) GAO Report.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) publish a report analyzing how Federal agencies can
improve their collection, reporting, sharing, and analytic use
of drug seizure data across Federal agencies and with State and
local governments; and
(2) include in such report an analysis of how well
available data on drug seizures can measure progress toward
reducing drug trafficking into and within the country, as
outlined in strategies such as the National Drug Control
Strategy of the Office of National Drug Control Policy.
(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $125,000,000 for each of fiscal
years 2022 through 2026.
SEC. 102. COLLECTION OF OVERDOSE DATA.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary shall conduct a study on how to
most efficiently track overdoses by type of drug, including fentanyl.
(b) Grant Program.--
(1) In general.--Upon completion of the study under
subsection (a), and taking into consideration the results of
such study, the Secretary shall award grants to States to
facilitate the collection of data with respect to fentanyl-
involved overdoses.
(2) Requirement.--As a condition on receipt of a grant
under this subsection, an applicant shall agree to share the
data collected pursuant to the grant with the Centers for
Disease Control and Prevention.
(3) Preference.--In awarding grants under this subsection,
the Secretary shall give preference to applicants whose grant
proposals demonstrate the greatest need for collecting timely
and accurate data on overdoses.
SEC. 103. FENTANYL DETECTION.
(a) Testing of Contaminants.--
(1) In general.--The Secretary, acting through the
Assistant Secretary and in coordination with the Director of
the Centers for Disease Control and Prevention, shall establish
a pilot program through which 5 entities, in 5 States
representing diverse regions, use chemical screening devices to
identify contaminants, including fentanyl and fentanyl-related
substances, in illicit street drugs.
(2) Evaluation.--Not later than the end of fiscal year
2025, the Secretary shall--
(A) complete an evaluation of the most effective
ways of expanding the pilot program under this
subsection to decrease rates of overdose; and
(B) submit a report to the appropriate
congressional committees on the results of such
evaluation.
(3) Definition.-- In this subsection, the term ``chemical
screening device'' means an infrared spectrophotometer, mass
spectrometer, nuclear magnetic resonance spectrometer, Raman
spectrophotometer, ion mobility spectrometer, or any other
device or other technology that is able to determine the
presence of, or identify, one or more contaminants in illegal
street drugs.
(4) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated $5,000,000
for each of fiscal years 2022 through 2026.
(b) Research Into Technologies.--
(1) In general.--The Secretary shall conduct or support
research for the development or improvement of portable and
affordable technologies related to testing drugs for fentanyl
and fentanyl-related substances, including chemical screening
device methods.
(2) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated $25,000,000
for each of fiscal years 2022 through 2026.
SEC. 104. GAO REPORT ON INTERNATIONAL MAIL AND CARGO SCREENING.
Not later than one year after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Congress a report reviewing the impact of illicit fentanyl and
fentanyl-related substances imported through international mail and
cargo, including discussion of the following:
(1) The volume of fentanyl and fentanyl-related substances
being imported into the country by means of international mail
and cargo.
(2) The potential impact of increased screening for illicit
fentanyl and fentanyl-related substances on--
(A) deterring drug trafficking in the United
States;
(B) interdicting fentanyl and fentanyl-related
substances that were manufactured outside of the United
States and intended, or attempted, to be imported into
the United States;
(C) the number of Federal criminal prosecutions
based on the manufacture, distribution, or possession
of fentanyl or fentanyl-related substances,
disaggregated by demographic data, including sex, race,
and ethnicity, of the offender;
(D) the charges brought in such prosecutions;
(E) the impacts of prosecutions on reducing demand
and availability to users; and
(F) the development of new fentanyl-related
substances.
(3) The need for non-invasive technology in screening for
fentanyl and fentanyl-related substances, taking into account
the findings pursuant to paragraphs (1) and (2).
SEC. 105. CONTINGENCY MANAGEMENT PROGRAM.
(a) In General.--The Secretary shall--
(1) develop and implement a program of using contingency
management principles to discourage the use of illicit drugs;
and
(2) as part of such program use incentive-based
interventions--
(A) to increase substance misuse treatment
retention; and
(B) to promote adherence to treatment goals,
including negative urinalysis.
(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $25,000,000 for each of fiscal
years 2022 through 2026.
TITLE II--OVERDOSE PREVENTION AND SUBSTANCE USE DISORDER TREATMENT
PROGRAMS
SEC. 201. NAM REPORT ON OVERDOSE PREVENTION CENTERS.
Not later than one year after the date of enactment of this Act,
the Comptroller General of the United States shall enter into an
arrangement with the National Academy of Medicine (or, if the Academy
declines, another appropriate entity) to--
(1) submit to the Congress a report on overdose prevention
centers; and
(2) include in such report--
(A) a review of the effectiveness of legally
authorized overdose prevention centers in the United
States and abroad on lowering overdose deaths; and
(B) an assessment of the effectiveness of overdose
prevention centers on improving access to medication-
assisted treatment and recovery services.
SEC. 202. NALOXONE.
(a) Naloxone Pricing Transparency.--
(1) Reporting requirement.--Not later than the date that is
one year after the date of enactment of this Act, and annually
thereafter, to better understand how research and development
costs, manufacturing and marketing costs, acquisitions, Federal
investments, revenues and sales, and other factors influence
drug prices, each manufacturer of naloxone or any other drug
approved by the Food and Drug Administration for opioid
overdose reversal shall report to the Secretary--
(A) with respect to naloxone (or such other drug)--
(i) total expenditures of the manufacturer
on--
(I) materials and manufacturing for
such drug;
(II) acquiring patents and
licensing; and
(III) costs to purchase or acquire
the drug from another company, if
applicable;
(ii) the percentage of total expenditures
of the manufacturer on research and development
for such drug that was derived from Federal
funds;
(iii) the total expenditures of the
manufacturer on research and development for
such drug;
(iv) the total revenue and net profit
generated from the applicable drug for each
calendar year since drug approval;
(v) the total expenditures of the
manufacturer that are associated with marketing
and advertising for such drug;
(vi) the wholesale acquisition cost for
such drug;
(vii) the average out-of-pocket cost of
such drug to the consumer;
(viii) patient utilization rates for such
drug; and
(B) additional information specific to the
manufacturer as the Secretary may require, to include
at a minimum--
(i) the total revenue and net profit of the
manufacturer for the reporting period;
(ii) metrics used to determine executive
compensation; and
(iii) any additional information related to
drug pricing decisions of the manufacturer,
such as total expenditures on--
(I) drug research and development;
or
(II) clinical trials on drugs that
failed to receive approval by the Food
and Drug Administration.
(2) Reporting period.--The reporting period for the reports
under paragraph (1) shall be as follows:
(A) For the initial report under paragraph (1), the
10-year period preceding the report.
(B) For subsequent reports, the 12-month period
preceding the respective reports.
(3) Publicly available.--
(A) In general.--Subject to subparagraph (B), not
later than 30 days after receiving the information
under paragraph (1), the Secretary shall post on the
internet website of the Centers for Medicare & Medicaid
Services the information reported under paragraph (1)
in written format and using language that is easily
understandable by beneficiaries under titles XVIII and
XIX of the Social Security Act (42 U.S.C. 1395 et seq.;
1396 et seq.).
(B) Exclusion of proprietary information.--The
Secretary shall exclude proprietary information, such
as trade secrets and intellectual property, submitted
by the manufacturer under paragraph (1) from the
posting described in subparagraph (A).
(b) Study on Classification of Naloxone as a Prescription Drug.--
The Commissioner of Food and Drugs shall--
(1) not later one year after the date of enactment of this
Act, determine whether naloxone should remain subject to the
requirements of section 503(b)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 353(b)(1)) or be reclassified as an
over-the-counter drug; and
(2) take such actions as may be appropriate, consistent
with such determination.
SEC. 203. GOOD SAMARITAN IMMUNITY.
(a) Limitation on Civil Liability for Individuals Who Administer
Opioid Overdose Reversal Drugs.--
(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (2), no individual shall
be liable in any Federal or State proceeding for harm caused by
the emergency administration of an opioid overdose reversal
drug to an individual who has or reasonably appears to have
suffered an overdose from heroin or another opioid, if--
(A) the individual who administers the opioid
overdose reversal drug obtained the drug from--
(i) a health care professional as part of
an opioid overdose prevention program; or
(ii) any source as permitted under
applicable State law; or
(B) the individual administers the opioid overdose
reversal drug in good faith.
(2) Exception.--Paragraph (1) shall not apply to an
individual if the harm was caused by the gross negligence or
reckless misconduct of the individual who administers the drug.
(3) Definitions.--In this subsection:
(A) The term ``health care professional'' means a
person licensed by a State to prescribe prescription
drugs.
(B) The term ``opioid overdose reversal drug''
means a drug approved under section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355) that is
indicated for the partial or complete reversal of the
pharmacological effects of an opioid overdose in the
human body.
(C) The term ``opioid overdose prevention program''
means a program operated by a local health department,
harm reduction or other community-based organization,
substance abuse treatment organization, law enforcement
agency, fire department, other first responder
department, or voluntary association, or a program
funded by a Federal, State, or local government, that
works to prevent opioid overdoses by in part providing
opioid overdose reversal drugs and education--
(i) to individuals at risk of experiencing
an opioid overdose; or
(ii) to an individual in a position to
assist another individual at risk of
experiencing an opioid overdose.
(b) Immunity From Liability.--
(1) In general.--An individual who, in good faith and in a
timely manner--
(A) seeks medical assistance for another individual
who is experiencing a drug overdose shall not be cited,
arrested, prosecuted, criminally liable, or subject to
any sanction for a violation of a condition of
supervised release under section 404 of the Controlled
Substances Act (21 U.S.C. 844) for the possession or
use of a controlled substance, or under any other
provision of Federal law regulating the misuse of
prescription drugs, as a result of seeking such medical
assistance; or
(B) seeks medical assistance for himself or herself
for a drug overdose, or is the subject of a request for
medical assistance described in subparagraph (A), shall
not be cited, arrested, prosecuted, criminally liable,
or subject to any sanction for a violation of a
condition of supervised release, under section 404 of
the Controlled Substances Act (21 U.S.C. 844) for the
possession or use of a controlled substance, or under
any other provision of Federal law regulating the
misuse of prescription drugs, as a result of seeking
such medical assistance.
(2) Preemption.--This subsection preempts the laws of a
State or any political subdivision of a State to the extent
that such laws are inconsistent with this section, unless such
laws provide greater protection from liability.
(3) Definitions.--In this section:
(A) The term ``controlled substance'' has the
meaning given the term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(B) The term ``drug overdose'' means an acute
condition resulting from or believed to be resulting
from the use of a controlled substance, which an
individual, who is not a health care professional,
would reasonably believe requires medical assistance.
(C) The term ``prescription drug'' means a drug
subject to section 503(b)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 353(b)(1)).
(D) The terms ``seeks medical assistance'' and
``seeking such medical assistance'' include--
(i) reporting a drug or alcohol overdose or
other medical emergency to a law enforcement
authority, the 9-1-1 system, a poison control
center, or a medical provider;
(ii) assisting another individual who is
making a report described in clause (i); or
(iii) providing care to someone who is
experiencing a drug or alcohol overdose or
other medical emergency while awaiting the
arrival of medical assistance.
(c) Seeking Assistance as a Mitigating Factor.--Section 3553 of
title 18, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Seeking Medical Assistance.--
``(1) In general.--Notwithstanding any other provision of
law, in imposing a sentence pursuant to guidelines promulgated
by the United States Sentencing Commission under section 994 of
title 28 against a defendant convicted of an offense as a
result of seeking medical assistance for another individual who
is experiencing a drug overdose, or for himself or herself for
a drug overdose, other than an offense described in section
203(b)(1)(A) of the STOP Fentanyl Act of 2021, the court shall
consider the act of seeking medical assistance as a mitigating
factor.
``(2) Definitions.--In this subsection, the terms `drug
overdose' and `seeking medical assistance' have the meanings
given to such terms in section 203(b) of the STOP Fentanyl Act
of 2021.''.
SEC. 204. MEDICATION-ASSISTED TREATMENT.
(a) Opioid Treatment Program Regulations.--
(1) Definition.--In this subsection, the term ``opioid
treatment program'' means a program or practitioner engaged in
opioid treatment of individuals with an opioid agonist
treatment medication registered under section 303(g)(1) of the
Controlled Substances Act (21 U.S.C. 823(g)(1)).
(2) Elimination of patient eligibility requirement.--The
Secretary shall amend section 8.12(e)(1) of title 42, Code of
Federal Regulations (and such other regulations in part 8 of
such title 42 as may be necessary) to eliminate the requirement
that the person became addicted at least 1 year before
admission for maintenance treatment under an opioid treatment
program.
(3) Survey.--
(A) In general.--Not later than one year after the
date of enactment of this Act, the Assistant Secretary
shall--
(i) complete a survey of the use in opioid
treatment programs of ``take-home''
prescription medications; and
(ii) submit a report to Congress on the
findings of the survey.
(B) Required assessment.--The survey under
paragraph (1) shall assess--
(i) the frequency of use of ``take-home''
medication, as allowed under section 8.12(i) of
title 42, Code of Federal Regulations;
(ii) the extent to which the limitations on
doses for ``take-home'' use listed in section
8.12(i)(3)(i), (ii), (iii), and (iv) of such
title 42 unduly burden treatment of individuals
with opioid use disorder; and
(iii) whether and how individuals receiving
medications for ``take-home'' use receive all
services listed in section 8.12(f) of such
title 42.
(b) Treatment in Rural and Underserved Populations.--Not later than
1 year after the date of enactment of this Act, the Assistant Secretary
shall complete a study and submit a report to the Congress on ways in
which the Substance Abuse and Mental Health Services Administration can
provide and support health services, including treatment for substance
use disorders, to individuals in rural (including agricultural) and
medically underserved communities (as defined in section 799B of the
Public Health Service Act (42 U.S.C. 295p)), taking into account the
following:
(1) Stigma.
(2) Using data.
(3) Telemedicine.
(4) Managing fiscal resources in a community impacted by
addiction.
(5) Workforce development.
(6) Broadband.
(7) Overcoming economic challenges.
(8) Prevention.
(9) Transportation.
(10) Nutritional services.
(11) Medication-assisted treatment.
(12) Educating law enforcement personnel about addiction.
(13) Drug courts.
(14) Educating the faith community about addiction.
(15) Recovery support.
(16) Housing.
(17) Harm reduction services.
(c) Prisons and Medication-Assisted Treatment.--
(1) In general.--The Director of the Bureau of Prisons
shall establish a program to offer--
(A) medication-assisted treatment for opioid use
disorder to individuals in the custody of the Bureau of
Prisons and include in such treatment all drugs that
are approved by the Food and Drug Administration to
treat opioid use disorder; and
(B) withdrawal management services to individuals
in the custody of the Bureau of Prisons to provide a
comprehensive treatment approach substance use
disorders.
(2) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated to the
Director of the Bureau of Prisons $150,000,000 for each of
fiscal years 2022 through 2026.
(d) Residential Substance Abuse Treatment for State Prisoners.--
Section 1904(d) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10424(d)) is amended--
(1) by striking ``means'' and inserting the following:
``(1) means'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) includes any such course of comprehensive individual
and group substance abuse treatment services using medication-
assisted treatment for opioid use disorder (including the use
of any drug approved or licensed by the Food and Drug
Administration for such treatment).''.
SEC. 205. TELEHEALTH FOR SUBSTANCE USE DISORDER TREATMENT.
Section 309(e)(2) of the Controlled Substances Act (21 U.S.C.
829(e)(2)) is amended--
(1) in subparagraph (A)(i)--
(A) by striking ``at least 1 in-person medical
evaluation'' and inserting the following: ``at least--
``(I) 1 in-person medical
evaluation''; and
(B) by adding at the end the following:
``(II) for purposes of prescribing
a controlled substance in schedule III
or IV, 1 telehealth evaluation; or'';
and
(2) by adding at the end the following:
``(D)(i) The term `telehealth evaluation' means a
medical evaluation that is conducted in accordance with
applicable Federal and State laws by a practitioner
(other than a pharmacist) who is at a location remote
from the patient and is communicating with the patient
using a telecommunications system referred to in
section 1834(m) of the Social Security Act that
includes, at a minimum, audio and video equipment
permitting two-way, real-time interactive communication
between the patient and distant site practitioner.
``(ii) Nothing in clause (i) shall be construed to
imply that 1 telehealth evaluation demonstrates that a
prescription has been issued for a legitimate medical
purpose within the usual course of professional
practice.
``(iii) A practitioner who prescribes the drugs or
combination of drugs that are covered under section
303(g)(2)(C) using the authority under subparagraph
(A)(i)(II) of this paragraph shall adhere to nationally
recognized evidence-based guidelines for the treatment
of patients with opioid use disorders and a diversion
control plan, as those terms are defined in section 8.2
of title 42, Code of Federal Regulations, as in effect
on the date of enactment of this subparagraph.''.
SEC. 206. GRANT PROGRAM ON HARMS OF DRUG MISUSE.
(a) In General.--The Assistant Secretary for Mental Health and
Substance Use (referred to in this section as the ``Assistant
Secretary''), in consultation with the Director of the Centers for
Disease Control and Prevention, shall award grants to States, political
subdivisions of States, Tribes, Tribal organizations, and community-
based entities to support the delivery of overdose prevention, syringe
services programs, and other harm reduction services that address the
harms of drug misuse, including by--
(1) preventing and controlling the spread of infectious
diseases, such as HIV/AIDS and viral hepatitis, and the
consequences of such diseases for individuals with substance
use disorder;
(2) distributing opioid antagonists, such as naloxone, to
individuals at risk of overdose;
(3) connecting individuals at risk for, or with, a
substance use disorder to overdose education, counseling, and
health education; and
(4) encouraging such individuals to take steps to reduce
the negative personal and public health impacts of substance
use or misuse.
(b) Considerations.--In awarding grants under this section, the
Assistant Secretary shall prioritize grants to applicants that are--
(1) culturally specific organizations, Tribal behavioral
health and substance use disorder providers, or organizations
that are intentional about serving populations where COVID-19
has had the most impact; or
(2) proposing to serve areas with--
(A) a higher proportion of the population who meet
criteria for dependence on, or abuse of, illicit drugs;
(B) a higher drug overdose death rate;
(C) a greater telemedicine infrastructure need; and
(D) a greater behavioral health and substance use
disorder workforce need.
(c) Use of Grant Awards.--A recipient of a grant under this section
may use such grant funds for the following purposes:
(1) Adapt, maintain, and expand essential services provided
by harm reduction service organizations to address the risks of
COVID-19, drug overdose, and contraction of infectious disease.
(2) Maintain or hire staff.
(3) Support program operational costs, including staff,
rent, and vehicle purchase or maintenance.
(4) Program supplies.
(5) Support and case management services.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $50,000,000 for fiscal year
2022, to remain available until expended.
SEC. 207. OPIOID TREATMENT EDUCATION.
(a) In General.--The Secretary shall award grants to States and
local governmental entities to provide education to stakeholders,
including health care providers, criminal justice professionals, and
substance use disorder treatment personnel, on the current state of
research on treatment for opioid dependence, including--
(1) the use of opioid agonists or partial agonists; and
(2) the potential benefits of the use of opioid agonists or
partial agonists for affected individuals.
(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $100,000,000 for each of fiscal
years 2022 through 2026.
TITLE III--PUBLIC HEALTH DATA AND TRAINING SUPPORT FOR FENTANYL
DETECTION
SEC. 301. PUBLIC HEALTH SUPPORT FOR LAW ENFORCEMENT.
(a) Support for Fentanyl Detection and Handling.--The Secretary, in
consultation with the Attorney General, shall establish a program to
provide to Federal, State, and local law enforcement agencies public
health training on how to detect and handle fentanyl.
(b) Evidence-based.--The program under subsection (a) shall comply
with evidence-based guidelines, including the ``Fentanyl Safety
Recommendations for First Responders'' (or any successor guidelines) of
the Office of National Drug Control Policy.
(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2022 through 2026.
SEC. 302. REPORT ON COUNTRIES THAT PRODUCE SYNTHETIC DRUGS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of State shall submit to the Congress a report--
(1) identifying the countries the Secretary determines are
the principal producers of synthetic drugs trafficked into the
United States;
(2) assessing how and why those countries are producing
such drugs; and
(3) describing measures the Secretary plans to take to
reduce the flow of such drugs into the United States.
SEC. 303. GRANTS TO IMPROVE PUBLIC HEALTH SURVEILLANCE IN FORENSIC
LABORATORIES.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART PP--CONFRONTING THE USE OF HEROIN, FENTANYL, AND ASSOCIATED
SYNTHETIC DRUGS
``SEC. 3061. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY THROUGH
IMPROVED FORENSIC LABORATORY DATA.
``(a) Purpose.--The purpose of this section is to assist States and
units of local government in--
``(1) carrying out programs to improve surveillance of
seized heroin, fentanyl, and associated synthetic drugs to
enhance public health; and
``(2) improving the ability of State, tribal, and local
government institutions to carry out such programs.
``(b) Grant Authorization.--The Attorney General, acting through
the Director of the Bureau of Justice Assistance, may make grants to
States and units of local government to improve surveillance of seized
heroin, fentanyl, and associated synthetic drugs to enhance public
health.
``(c) Grant Projects to Improve Surveillance of Seized Heroin,
Fentanyl, and Associated Synthetic Drugs.--Grants made under subsection
(b) shall be used for programs, projects, and other activities to--
``(1) reimburse State, local, or other forensic science
laboratories to help address backlogs of untested samples of
heroin, fentanyl, and associated synthetic drugs;
``(2) reimburse State, local, or other forensic science
laboratories for procuring equipment, technology, or other
support systems if the applicant for the grant demonstrates to
the satisfaction of the Attorney General that expenditures for
such purposes would result in improved efficiency of laboratory
testing and help prevent future backlogs;
``(3) reimburse State, local, or other forensic science
laboratories for improved, real time data exchange with the
Centers for Disease Control and Prevention on fentanyl,
fentanyl-related substances, and other synthetic drugs present
in the local communities; and
``(4) support State, tribal, and local health department
services deployed to address the use of heroin, fentanyl, and
associated synthetic drugs.
``(d) Limitation.--Not less than 60 percent of the amounts made
available to carry out this section shall be awarded for the purposes
under paragraph (1) or (2) of subsection (c).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2022 and 2023.
``(f) Allocation.--
``(1) Population allocation.--Seventy-five percent of the
amount made available to carry out this section in a fiscal
year shall be allocated to each State that meets the
requirements of section 2802 so that each State shall receive
an amount that bears the same ratio to the 75 percent of the
total amount made available to carry out this section for that
fiscal year as the population of the State bears to the
population of all States.
``(2) Discretionary allocation.--Twenty-five percent of the
amount made available to carry out this section in a fiscal
year shall be allocated pursuant to the discretion of the
Attorney General for competitive grants to States or units of
local government with high rates of primary treatment
admissions for heroin and other opioids, for use by State or
local law enforcement agencies.
``(3) Minimum requirement.--Each State shall receive not
less than 0.6 percent of the amount made available to carry out
this section in each fiscal year.
``(4) Certain territories.--
``(A) In general.--For purposes of the allocation
under this section, American Samoa and the Commonwealth
of the Northern Mariana Islands shall be considered as
1 State.
``(B) Allocation amongst certain territories.--For
purposes of subparagraph (A), 67 percent of the amount
allocated shall be allocated to American Samoa and 33
percent shall be allocated to the Commonwealth of the
Northern Mariana Islands.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 Committee on the Judiciary, 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 Subcommittee on Health.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line