S. 524 — what changed
Comprehensive Addiction and Recovery Act of 2016
From Reported in Senate to Engrossed in Senate. 20 sections amended, 7 added, and 1 removed between Reported in Senate and Engrossed in Senate.
Section 1 Short title; table of contents
Sec. 2 Findings
Congress finds the following:
Sec. 3 Definitions
In this Act—
Sec. 101 Development of best practices for the prescribing of prescription opioids
Sec. 102 Awareness campaigns
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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:
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“MM Drug treatment grants
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“3031. Definitions
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“In this part—
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“(1) the term civil liability protection law means a State law that protects from civil liability individuals who give aid on a voluntary basis in an emergency to individuals who are ill, in peril, or otherwise incapacitated;
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“(2) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies;
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“(3) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and
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“(4) the term Single State Authority for Substance Abuse has the meaning given the term in section 201(e) of the Second Chance Act of 2007 (42 U.S.C. 17521(e)).
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“3032. National education campaign
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“(a) Definitions—In this section—
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“(1) the term eligible entity means a State, unit of local government, or nonprofit organization; and
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“(2) the terms elementary school and secondary school have the meaning given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
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“(b) Program authorized—The Attorney General, in coordination with the Secretary of Health and Human Services, the Director of the Office of National Drug Control Policy, the Secretary of Education, the Administrator of the Substance Abuse and Mental Health Services Administration, and the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to expand educational efforts to prevent abuse of opioids, heroin, and other substances of abuse, understand addiction as a chronic disease, and promote treatment and recovery, including—
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“(1) parent and caretaker-focused prevention efforts, including—
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“(A) the development of research-based community education online and social media materials with an accompanying toolkit that can be disseminated to communities to educate parents and other caretakers of teens on—
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“(i) how to educate teens about opioid and heroin abuse;
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“(ii) how to intervene if a parent thinks or knows their teen is abusing opioids or heroin;
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“(iii) signs of opioid or heroin overdose; and
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“(iv) the use of naloxone to prevent death from opioid or heroin overdose;
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“(B) the development of detailed digital and print educational materials to accompany the online and social media materials and toolkit described in subparagraph (A);
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“(C) the development and dissemination of public service announcements to—
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“(i) raise awareness of heroin and opioid abuse among parents and other caretakers;
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“(ii) motivate parents and other caretakers to visit online educational materials on heroin and opioid abuse; and
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“(iii) provide information for public health agencies and nonprofit organizations that provide overdose reversal and prevention services and community referrals; and
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“(D) the dissemination of educational materials to the media through—
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“(i) a town hall or panel discussion with experts;
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“(ii) a press release;
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“(iii) an online news release;
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“(iv) a media tour; and
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“(v) sharable infographics;
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“(2) prevention efforts focused on teenagers, young adults, and college students, including the development of—
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“(A) a national digital campaign;
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“(B) a community education toolkit for use by community coalitions;
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“(C) evidence-based resources for prevention and treatment professionals targeting individuals who are between 18 and 24 years of age, including college students; and
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“(D) technical support centers for prevention and treatment professionals, elementary and secondary school-based professionals, and college-based professionals, including recovery staff, to implement and sustain evidence-based educational and prevention programs;
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“(3) campaigns to inform individuals about available resources to aid in recovery from substance use disorder;
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“(4) encouragement of individuals in or seeking recovery from substance use disorder to enter the health care system; or
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“(5) adult-focused awareness efforts, including efforts focused on older adults, relating to prescription medication disposal, opioid and heroin abuse, signs of overdose, and the use of naloxone for reversal.
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“(c) Application
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“(1) In general—An eligible entity desiring a grant under this section shall submit an application to the Attorney General—
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“(A) that meets the criteria under paragraph (2); and
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“(B) at such time, in such manner, and accompanied by such information as the Attorney General may require.
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“(2) Criteria—An eligible entity, in submitting an application under paragraph (1), shall—
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“(A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section;
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“(B) specifically explain how the measurements described in subparagraph (A) will provide valid measures of the impact of the program described in subparagraph (A);
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“(C) describe how the program described in subparagraph (A) could be broadly replicated if demonstrated to be effective;
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“(D) demonstrate that all planned services will be research-informed, which may include evidence-based practices documented in—
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“(i) the report of the Institute of Medicine entitled “Preventing Mental, Emotional, and Behavioral Disorders Among Young People”; or
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“(ii) the National Registry of Effective Programs and Practices (commonly referred to as “NREPP”) of the Substance Abuse and Mental Health Administration; and
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“(E) demonstrate that the eligible entity will effectively integrate and sustain the program described in subparagraph (A) into curriculum or community outreach efforts.
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“(d) Use of funds—A grantee shall use a grant received under this section for expenses of educational efforts to—
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“(1) prevent abuse of opioids, heroin, alcohol, and other drugs; or
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“(2) promote treatment and recovery.
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“(e) Duration—The Attorney General shall award grants under this section for a period not to exceed 2 years.
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“(f) Priority consideration with respect to States—In awarding grants to States under this section, the Attorney General shall give priority to a State that provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by—
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“(1) enacting legislation that provides such civil liability protection; or
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“(2) providing a certification by the attorney general of the State that the attorney general has—
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“(A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and
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“(B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons.
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“(g) Information sharing—The Office of the Attorney General, in coordination with the Substance Abuse and Mental Health Services Administration and the Department of Education, shall review existing evidence-based programs and emerging practices and programs and provide information to schools and communities about such programs and practices.
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“(h) Authorization of appropriations—There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020.”
Sec. 103 Community-based coalition enhancement grants to address local drug crises
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Part MM II of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 102, 1968 (42 U.S.C. 3797cc et seq.) is amended by adding at the end striking section 2997 and inserting the following:
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“3033. “2997. Community-based coalition enhancement grants to address local drug crises
“(a) Definitions—In this section—
“(1) the term Drug-Free Communities Act of 1997 means chapter 2 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et seq.);
“(2) the term eligible entity means an organization that—
“(A) on or before the date of submitting an application for a grant under this section, receives or has received a grant under the Drug-Free Communities Act of 1997; and
changed “(B) has documented, using local data, rates of abuse of opioids or methamphetamines at levels that are—
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“(i) significantly higher than the national average as determined by the Attorney General 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 Service Services Administration); or
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“(ii) higher than the national average, as determined by the Attorney General Secretary (including appropriate consideration of the results of the surveys described in clause (i)), over a sustained period of time; andtime;
“(3) the term local drug crisis means, with respect to the area served by an eligible entity—
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“(A) a sudden increase in the abuse of opioids, opioids or methamphetamines, as documented by local data; ordata;
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“(B) the abuse of prescription medications, specifically opioids, opioids or methamphetamines, that is significantly higher than the national average, over a sustained period of time, as documented by local data.data; or
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“(b) Program authorized—The Attorney General, “(C) a sudden increase in coordination with the Director, may make grants to eligible entities to implement comprehensive community-wide strategies that address local drug crises within the area served opioid-related deaths, as documented by the eligible entity.local data;
added “(4) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and
added “(5) the term Secretary means the Secretary of Health and Human Services.
added “(b) Program authorized—The Secretary, in coordination with the Director of the Office of National Drug Control Policy, may make grants to eligible entities to implement comprehensive community-wide strategies that address local drug crises within the area served by the eligible entity.
“(c) Application
added “(1) In general—An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.
added “(2) Criteria—As part of an application for a grant under this section, the Secretary shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the local drug crisis within the area served by the eligible entity.
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“(1) In general—An eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require.
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“(2) Criteria—As part of an application for a grant under this section, the Attorney General shall require an eligible entity to submit a detailed, comprehensive, multi-sector plan for addressing the local drug crisis within the area served by the eligible entity.
“(d) Use of funds—An eligible entity shall use a grant received under this section—
added “(1) for programs designed to implement comprehensive community-wide prevention strategies to address the local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); and
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“(1) for programs designed to implement comprehensive community-wide prevention strategies to address local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); and
“(2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 (21 U.S.C. 1521 note).
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“(e) Grant amounts and duration
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“(1) Amounts—The Attorney General may not award a grant under this section for a fiscal year in an amount that exceeds—
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“(A) the amount of non-Federal funds raised by the eligible entity, including in-kind contributions, for that fiscal year; or
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“(B) $75,000.“(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.
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“(2) Duration—The Attorney General shall award grants “(f) Evaluation—A grant under this section for a period not shall be subject to exceed 4 years.the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing abuse of opioids, methadone, or methamphetamines.
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“(f) Supplement not supplant—An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence “(g) Limitation on administrative expenses—Not more than 8 percent of those Federal funds, be the amounts made available from other Federal and non-Federal sources to carry out this section for a fiscal year may be used by the activities described in this section, and not Secretary to supplant those funds.pay for administrative expenses.”
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“(g) 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.
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“(h) Limitation on administrative expenses—Not more than 8 percent of the amounts made available pursuant to subsection (i) for a fiscal year may be used by the Attorney General to pay for administrative expenses.
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“(i) Authorization of appropriations—There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020.”
Sec. 201 Treatment alternative to incarceration programs
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Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 103, is amended by adding at the end the following:
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“3034. Treatment alternative to incarceration programs
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“(a) Definitions—In this section—
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“(1) the term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization; and
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“(2) the term eligible participant means an individual who—
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“(A) comes into contact with the juvenile justice system or criminal justice system or is arrested or charged with an offense;
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“(B) has a history of or a current—
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“(i) substance use disorder;
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“(ii) mental illness; or
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“(iii) co-occurring mental illness and substance use disorders; and
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“(C) has been approved for participation in a program funded under this section by, as applicable depending on the stage of the criminal justice process, the relevant law enforcement agency or prosecuting attorney, defense attorney, probation or corrections official, judge, or representative from the relevant mental health or substance abuse agency.
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“(b) Program authorized—The Attorney General may make grants to eligible entities to develop, implement, or expand a treatment alternative to incarceration program for eligible participants, including—
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“(1) pre-booking treatment alternative to incarceration programs, including—
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“(A) law enforcement training on substance use disorders, mental illness, and co-occurring mental illness and substance use disorders;
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“(B) receiving centers as alternatives to incarceration of eligible participants;
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“(C) specialized response units for calls related to substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; and
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“(D) other arrest and pre-booking treatment alternative to incarceration models; and
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“(2) post-booking treatment alternative to incarceration programs, including—
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“(A) specialized clinical case management;
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“(B) pre-trial services related to substances use disorders, mental illness, and co-occurring mental illness and substance use disorders;
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“(C) prosecutor and defender based programs;
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“(D) specialized probation;
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“(E) programs utilizing the American Society of Addiction Medicine patient placement criteria;
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“(F) treatment and rehabilitation programs and recovery support services; and
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“(G) drug courts, DWI courts, and veterans treatment courts.
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“(c) Application
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“(1) In general—An eligible entity desiring a grant under this section shall submit an application to the Attorney General—
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“(A) that meets the criteria under paragraph (2); and
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“(B) at such time, in such manner, and accompanied by such information as the Attorney General may require.
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“(2) Criteria—An eligible entity, in submitting an application under paragraph (1), shall—
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“(A) provide extensive evidence of collaboration with State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies;
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“(B) demonstrate consultation with the Single State Authority for Substance Abuse;
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“(C) demonstrate that evidence-based treatment practices will be utilized; and
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“(D) demonstrate that evidenced-based screening and assessment tools will be utilized to place participants in the treatment alternative to incarceration program.
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“(d) Requirements—Each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall—
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“(1) determine the terms and conditions of participation in the program by eligible participants, taking into consideration the collateral consequences of an arrest, prosecution, or criminal conviction;
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“(2) ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction;
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“(3) for programs described in subsection (b)(2), organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the State, tribal, or local criminal justice agency involved, the duties of which shall include—
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“(A) the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program; and
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“(B) if necessary, the location, apprehension, arrest, and return to court of an eligible participant in the program who has absconded from the facility of a treatment provider or has otherwise violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements;
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“(4) notify the relevant criminal justice entity if any eligible participant in the program absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements;
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“(5) submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible offender participating in the program to the relevant State, tribal, or local criminal justice agency;
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“(6) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program, and specifically explain how such measurements will provide valid measures of the impact of the program; and
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“(7) describe how the program could be broadly replicated if demonstrated to be effective.
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“(e) Use of funds—An eligible entity shall use a grant received under this section for expenses of a treatment alternative to incarceration program, including—
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“(1) salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit;
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“(2) payments for treatment providers that are approved by the relevant State or tribal jurisdiction and licensed, if necessary, to provide needed treatment to eligible offenders participating in the program, including medication assisted treatment, aftercare supervision, vocational training, education, and job placement; and
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“(3) payments to public and nonprofit private entities that are approved by the State or tribal jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment and mental health treatment to eligible offenders participating in the program.
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“(f) Supplement not supplant—An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds.
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“(g) Geographic distribution—The Attorney General shall ensure that, to the extent practicable, the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in—
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“(1) each State;
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“(2) rural, suburban, and urban areas; and
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“(3) tribal jurisdictions.
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“(h) Priority consideration with respect to States—In awarding grants to States under this section, the Attorney General shall give priority to a State that provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by—
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“(1) enacting legislation that provides such civil liability protection; or
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“(2) providing a certification by the attorney general of the State that the attorney general has—
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“(A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and
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“(B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons.
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“(i) Reports and evaluations
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“(1) In general—Each fiscal year, each recipient of a grant under this section during that fiscal year shall submit to the Attorney General a report on the outcomes of activities carried out using that grant in such form, containing such information, and on such dates as the Attorney General shall specify.
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“(2) Contents—A report submitted under paragraph (1) shall—
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“(A) describe best practices for treatment alternatives; and
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“(B) identify training requirements for law enforcement officers who participate in treatment alternative to incarceration programs.
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“(j) Authorization of appropriations—There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020.”
Sec. 202 First responder training for the use of drugs and devices that rapidly reverse the effects of opioids
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Part MM II of title I of the Omnibus Crime Control and Safe Streets Act of 1968, 1968 (42 U.S.C. 3797cc et seq.), as amended by section 201, 103, is amended by adding at the end the following:
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“3035. Law enforcement naloxone “2998. First responder training for the use of drugs and implementation demonstrationdevices that rapidly reverse the effects of opioids
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“(a) Definition—In this section, the term eligible entity means a State, local, or tribal law enforcement agency.section—
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“(b) Program authorized—The Attorney General, in coordination with “(1) the Secretary of Health and Human Services terms drug and device have the Director meanings given those terms in section 201 of the Office of National Drug Control Policy, may make grants to eligible entities to create a demonstration law enforcement program to prevent opioid Federal Food, Drug, and heroin overdose death.Cosmetic Act (21 U.S.C. 321);
added “(2) the term eligible entity means a State, a unit of local government, or an Indian tribal government;
added “(3) the term first responder includes a firefighter, law enforcement officer, paramedic, emergency medical technician, or other individual (including an employee of a legally organized and recognized volunteer organization, whether compensated or not), who, in the course of professional duties, responds to fire, medical, hazardous material, or other similar emergencies;
added “(4) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; and
added “(5) the term Secretary means the Secretary of Health and Human Services.
added “(b) Program authorized—The Secretary, in coordination with the Attorney General, may make grants to eligible entities to allow appropriately trained first responders to administer an opioid overdose reversal drug to an individual who has—
added “(1) experienced a prescription opioid or heroin overdose; or
added “(2) been determined to have likely experienced a prescription opioid or heroin overdose.
“(c) Application
added “(1) In general—An eligible entity seeking a grant under this section shall submit an application to the Secretary—
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“(1) In general—An eligible entity desiring a grant under this section shall submit an application to the Attorney General—
“(A) that meets the criteria under paragraph (2); and
added “(B) at such time, in such manner, and accompanied by such information as the Secretary may require.
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“(B) at such time, in such manner, and accompanied by such information as the Attorney General may require.
“(2) Criteria—An eligible entity, in submitting an application under paragraph (1), shall—
“(A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program;
“(B) describe how the program could be broadly replicated if demonstrated to be effective;
“(C) identify the governmental and community agencies that the program will coordinate; and
added “(D) describe how law enforcement agencies will coordinate with their corresponding State substance abuse and mental health agencies to identify protocols and resources that are available to overdose victims and families, including information on treatment and recovery resources.
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“(D) describe how law enforcement agencies will coordinate with their corresponding State substance abuse and mental health agencies to identify protocols and resources that are available to victims and families, including information on treatment and recovery resources.
“(d) Use of funds—An eligible entity shall use a grant received under this section to—
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“(1) make naloxone available to be carried and administered by law enforcement officers;
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“(2) train and provide resources for law enforcement officers on carrying and administering naloxone for the prevention of opioid and heroin overdose death; and
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“(3) establish processes, protocols, and mechanisms for referral to treatment.
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“(e) Grant amounts and duration
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“(1) Maximum amount—The Attorney General may not award a grant under this section in an amount that exceeds $500,000.
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“(2) Duration—The Attorney General shall award grants under this section for a period not to exceed 2 years.
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“(f) Technical assistance grants—The Attorney General shall make a grant for the purpose of providing technical assistance and training on the use of naloxone to reverse overdose deaths and mechanisms for referral to treatment for an eligible entity receiving a grant under this section.
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“(g) Evaluation—The Attorney General shall conduct an evaluation of grants made under this section “(1) make such opioid overdose reversal drugs or devices that are approved by the Food and Drug Administration, such as naloxone, available to determine—be carried and administered by first responders;
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“(1) the number of officers equipped with naloxone “(2) train and provide resources for the prevention of fatal first responders on carrying an opioid overdose reversal drug or device approved by the Food and Drug Administration, such as naloxone, and administering the drug or device to an individual who has experienced, or has been determined to have likely experienced, a prescription opioid or heroin overdose;overdose; and
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“(2) the number of opioid “(3) establish processes, protocols, and heroin overdoses reversed by officers mechanisms for referral to appropriate treatment, which may include an outreach coordinator or team to connect individuals receiving training and supplies of naloxone through a grant received under this section;opioid overdose reversal drugs to follow-up services.
added “(e) Technical assistance grants—The Secretary shall make a grant for the purpose of providing technical assistance and training on the use of an opioid overdose reversal drug, such as naloxone, to respond to an individual who has experienced, or has been determined to have likely experienced, a prescription opioid or heroin overdose, and mechanisms for referral to appropriate treatment for an eligible entity receiving a grant under this section.
added “(f) Evaluation—The Secretary shall conduct an evaluation of grants made under this section to determine—
added “(1) the number of first responders equipped with naloxone, or another opioid overdose reversal drug, for the prevention of fatal opioid and heroin overdose;
added “(2) the number of opioid and heroin overdoses reversed by first responders receiving training and supplies of naloxone, or another opioid overdose reversal drug, through a grant received under this section;
“(3) the number of calls for service related to opioid and heroin overdose;
“(4) the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions; and
added “(5) the research, training, and naloxone, or another opioid overdose reversal drug, supply needs of first responder agencies, including those agencies that are not receiving grants under this section.
added “(g) Rural areas with limited access to emergency medical services—In making grants under this section, the Secretary shall ensure that not less than 25 percent of grant funds are awarded to eligible entities that are not located in metropolitan statistical areas, as defined by the Office of Management and Budget.”
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“(5) the research, training, and naloxone supply needs of law enforcement and first responder agencies, including those agencies that are not receiving grants under this section.
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“(h) Authorization of appropriations—There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020.”
Sec. 203 Prescription drug take back expansion
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Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 202, is amended by adding at the end the following:
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“3036. Prescription drug take back expansion
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“(a) Definition—In this section, the term eligible entity means—
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“(1) a State, local, or tribal law enforcement agency;
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“(2) a manufacturer, distributor, or reverse distributor of prescription medications;
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“(3) a retail pharmacy;
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“(4) a registered narcotic treatment program;
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“(5) a hospital or clinic with an on-site pharmacy;
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“(6) an eligible long-term care facility; or
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“(7) any other entity authorized by the Drug Enforcement Administration to dispose of prescription medications.
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“(b) Program authorized—The Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to expand or make available disposal sites for unwanted prescription medications.
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“(c) Application
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“(1) In general—An eligible entity desiring a grant under this section shall submit an application to the Attorney General—
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“(A) that meets the criteria under paragraph (2); and
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“(B) at such time, in such manner, and accompanied by such information as the Attorney General may require.
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“(2) Criteria—An eligible entity, in submitting an application under paragraph (1), shall—
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“(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;
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“(B) describe how the program could be broadly replicated if demonstrated to be effective; and
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“(C) identify the governmental and community agencies that will coordinate the program.
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“(d) Use of funds—An eligible entity shall use a grant received under this section for—
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“(1) expenses of a prescription drug disposal site, including materials and resources;
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“(2) implementing disposal procedures and processes;
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“(3) implementing community education strategies, including community education materials and resources;
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“(4) replicating a prescription drug take back initiative throughout multiple jurisdictions; and
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“(5) training of law enforcement officers and other community participants.
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“(e) Grant amounts and duration
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“(1) Maximum amount—The Attorney General may not award a grant under this section in an amount that exceeds $250,000.
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“(2) Duration—The Attorney General shall award grants under this section for a period not to exceed 2 years.
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“(f) Technical assistance grant—The Attorney General shall make a grant to a national nonprofit organization to provide technical assistance and training for an eligible entity receiving a grant under this section.
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“(g) Evaluation
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“(1) In general—The Attorney General shall make a grant for evaluation of the performance of each eligible entity receiving a grant under this section.
removed
“(2) Reports—Each fiscal year, the recipient of a grant under this subsection shall submit to the Attorney General a report that evaluates—
removed
“(A) the effectiveness of the prescription drug take back program of each eligible entity receiving a grant under this section; and
removed
“(B) the effect of disposal efforts on drug circulation.
removed
“(h) Authorization of appropriations—There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020.”
Sec. 204 Heroin and methamphetamine task forces
addedadded Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 202, is amended by adding at the end the following:
added “2999. Heroin and methamphetamine task forces
added “(a) Definition of opioid—In this section, the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability.
added “(b) Authority—The Attorney General may make grants to State law enforcement agencies for investigative purposes—
added “(1) to locate or investigate illicit activities through statewide collaboration, including activities related to—
added “(A) the distribution of heroin or fentanyl, or the unlawful distribution of prescription opioids; or
added “(B) unlawful heroin, fentanyl, and prescription opioid traffickers; and
added “(2) to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers.”
Sec. 301 Evidence-based prescription opioid and heroin treatment and interventions demonstration
changed
Subpart 1 of part B Part II of title V I of the Public Health Service Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 290bb 3797cc et seq.) seq.), as amended by section 204, is amended—amended by adding at the end the following:
added “2999A. Evidence-based prescription opioid and heroin treatment and interventions demonstration
added “(a) Definitions—In this section—
added “(1) the terms Indian tribe and tribal organization have the meaning given those terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603));
added “(2) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies;
added “(3) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability;
added “(4) the term Secretary means the Secretary of Health and Human Services; and
added “(5) the term State substance abuse agency means the agency of a State responsible for the State prevention, treatment, and recovery system, including management of the Substance Abuse Prevention and Treatment Block Grant under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21 et seq.).
added “(b) Grants
added “(1) Authority to make grants—The Secretary, acting through the Director of the Center for Substance Abuse Treatment of the Substance Abuse and Mental Health Services Administration, and in coordination with the Attorney General and other departments or agencies, as appropriate, may award grants to State substance abuse agencies, units of local government, nonprofit organizations, and Indian tribes or tribal organizations that have a high rate, or have had a rapid increase, in the use of heroin or other opioids, in order to permit such entities to expand activities, including an expansion in the availability of medication assisted treatment and other clinically appropriate services, with respect to the treatment of addiction in the specific geographical areas of such entities where there is a high rate or rapid increase in the use of heroin or other opioids.
added “(2) Nature of activities—The grant funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids.
added “(c) Geographic distribution—The Secretary shall ensure that grants awarded under subsection (b) are distributed equitably among the various regions of the United States and among rural, urban, and suburban areas that are affected by the use of heroin or other opioids.
added “(d) Additional activities—In administering grants under subsection (b), the Secretary shall—
added “(1) evaluate the activities supported by grants awarded under subsection (b);
added “(2) disseminate information, as appropriate, derived from the evaluation as the Secretary considers appropriate;
added “(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
added “(4) fund only those applications that specifically support recovery services as a critical component of the grant program.”
removed
“514C. Evidence-based opioid and heroin treatment and interventions demonstration
removed
“(a) Grants
removed
“(1) Authority to make grants—The Director of the Center for Substance Abuse Treatment (referred to in this section as the “Director”) may award grants to State substance abuse agencies, units of local government, nonprofit organizations, and Indian tribes or tribal organizations (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) that have a high rate, or have had a rapid increase, in the use of heroin or other opioids, in order to permit such entities to expand activities, including an expansion in the availability of medication assisted treatment, with respect to the treatment of addiction in the specific geographical areas of such entities where there is a rate or rapid increase in the use of heroin or other opioids.
removed
“(2) Recipients—The entities receiving grants under paragraph (1) shall be selected by the Director.
removed
“(3) Nature of activities—The grant funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids.
removed
“(b) Geographic distribution—The Director shall ensure that grants awarded under subsection (a) are distributed equitably among the various regions of the Nation and among rural, urban, and suburban areas that are affected by the use of heroin or other opioids.
removed
“(c) Additional activities—The Director shall—
removed
“(1) evaluate the activities supported by grants awarded under subsection (a);
removed
“(2) disseminate widely such significant information derived from the evaluation as the Director considers appropriate;
removed
“(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
removed
“(4) fund only those applications that specifically support recovery services as a critical component of the grant program.
removed
“(d) Definition—The term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies.
removed
“(e) Authorization of appropriations
removed
“(1) In general—There are authorized to be appropriated to carry out this section $12,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2016 through 2020.
removed
“(2) Use of certain funds—Of the funds appropriated to carry out this section in any fiscal year, the lesser of 5 percent of such funds or $1,000,000 shall be available to the Director for purposes of carrying out subsection (c).”
Sec. 302 Criminal justice medication assisted treatment and interventions demonstration
removed
Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 203, is amended by adding at the end the following:
removed
“3037. Criminal justice medication assisted treatment and interventions demonstration
removed
“(a) Definitions—In this section—
removed
“(1) the term criminal justice agency means a State, local, or tribal—
removed
“(A) court;
removed
“(B) prison;
removed
“(C) jail; or
removed
“(D) other agency that performs the administration of criminal justice, including prosecution, pretrial services, and community supervision; and
removed
“(2) the term eligible entity means a State, unit of local government, or Indian tribe.
removed
“(b) Program authorized—The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to implement medication assisted treatment programs through criminal justice agencies.
removed
“(c) Application
removed
“(1) In general—An eligible entity desiring a grant under this section shall submit an application to the Attorney General—
removed
“(A) that meets the criteria under paragraph (2); and
removed
“(B) at such time, in such manner, and accompanied by such information as the Attorney General may require.
removed
“(2) Criteria—An eligible entity, in submitting an application under paragraph (1), shall—
removed
“(A) certify that each medication assisted treatment program funded with a grant under this section has been developed in consultation with the Single State Authority for Substance Abuse; and
removed
“(B) describe how data will be collected and analyzed to determine the effectiveness of the program described in subparagraph (A).
removed
“(d) Use of funds—An eligible entity shall use a grant received under this section for expenses of—
removed
“(1) a medication assisted treatment program, including the expenses of prescribing medications recognized by the Food and Drug Administration for opioid treatment in conjunction with psychological and behavioral therapy;
removed
“(2) training criminal justice agency personnel and treatment providers on medication assisted treatment;
removed
“(3) cross-training personnel providing behavioral health and health services, administration of medicines, and other administrative expenses, including required reports; and
removed
“(4) the provision of recovery coaches who are responsible for providing mentorship and transition plans to individuals reentering society following incarceration or alternatives to incarceration.
removed
“(e) Grant amounts and duration
removed
“(1) Maximum amount—The Attorney General may not award a grant under this section in an amount that exceeds $750,000.
removed
“(2) Duration—The Attorney General shall award grants under this section for a period not to exceed 2 years.
removed
“(f) Priority consideration with respect to States—In awarding grants to States under this section, the Attorney General shall give priority to a State that provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by—
removed
“(1) enacting legislation that provides such civil liability protection; or
removed
“(2) providing a certification by the attorney general of the State that the attorney general has—
removed
“(A) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and
removed
“(B) concluded that the law described in subparagraph (A) provides adequate civil liability protection applicable to such persons.
removed
“(g) Technical assistance—The Attorney General, in coordination with the Director of the National Institute on Drug Abuse and the Secretary of Health and Human Services, shall provide technical assistance and training for an eligible entity receiving a grant under this section.
removed
“(h) Reports
removed
“(1) In general—An eligible entity receiving a grant under this subsection shall submit a report to the Attorney General on the outcomes of each grant received under this section for individuals receiving medication assisted treatment, based on—
removed
“(A) the recidivism of the individuals;
removed
“(B) the treatment outcomes of the individuals, including maintaining abstinence from illegal, unauthorized, and unprescribed or undispensed opioids and heroin;
removed
“(C) a comparison of the cost of providing medication assisted treatment to the cost of incarceration or other participation in the criminal justice system;
removed
“(D) the housing status of the individuals; and
removed
“(E) the employment status of the individuals.
removed
“(2) Contents and timing—Each report described in paragraph (1) shall be submitted annually in such form, containing such information, and on such dates as the Attorney General shall specify.
removed
“(i) Authorization of appropriations—There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020.”
Sec. 303 National youth recovery initiative
added Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 301, is amended by adding at the end the following:
added “2999B. National youth recovery initiative
added “(a) Definitions—In this section:
added “(1) Eligible entity—The term eligible entity means—
added “(A) a high school that has been accredited as a recovery high school by the Association of Recovery Schools;
added “(B) an accredited high school that is seeking to establish or expand recovery support services;
added “(C) an institution of higher education;
added “(D) a recovery program at a nonprofit collegiate institution; or
added “(E) a nonprofit organization.
added “(2) Institution of higher education—The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
added “(3) Recovery program—The term recovery program—
added “(A) means a program to help individuals who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and
added “(B) includes peer-to-peer support and communal activities to build recovery skills and supportive social networks.
added “(b) Grants authorized—The Secretary of Health and Human Services, in coordination with the Secretary of Education, may award grants to eligible entities to enable the entities to—
added “(1) provide substance use disorder recovery support services to young people in high school and enrolled in institutions of higher education;
added “(2) help build communities of support for young people in recovery through a spectrum of activities such as counseling and health- and wellness-oriented social activities; and
added “(3) encourage initiatives designed to help young people achieve and sustain recovery from substance use disorders.
added “(c) Use of funds—Grants awarded under subsection (b) may be used for activities to develop, support, and maintain youth recovery support services, including—
added “(1) the development and maintenance of a dedicated physical space for recovery programs;
added “(2) dedicated staff for the provision of recovery programs;
added “(3) health- and wellness-oriented social activities and community engagement;
added “(4) establishment of recovery high schools;
added “(5) coordination of recovery programs with—
added “(A) substance use disorder treatment programs and systems;
added “(B) providers of mental health services;
added “(C) primary care providers and physicians;
added “(D) the criminal justice system, including the juvenile justice system;
added “(E) employers;
added “(F) housing services;
added “(G) child welfare services;
added “(H) high schools and institutions of higher education; and
added “(I) other programs or services related to the welfare of an individual in recovery from a substance use disorder;
added “(6) the development of peer-to-peer support programs or services; and
added “(7) additional activities that help youths and young adults to achieve recovery from substance use disorders.”
Sec. 304 Building communities of recovery
added Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 303, is amended by adding at the end the following:
added “2999C. Building communities of recovery
added “(a) Definition—In this section, the term recovery community organization means an independent nonprofit organization that—
added “(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
added “(2) is wholly or principally governed by people in recovery for substance use disorders who reflect the community served.
added “(b) Grants authorized—The Secretary of Health and Human Services may award grants to recovery community organizations to enable such organizations to develop, expand, and enhance recovery services.
added “(c) Federal share—The Federal share of the costs of a program funded by a grant under this section may not exceed 50 percent.
added “(d) Use of funds—Grants awarded under subsection (b)—
added “(1) shall be used to develop, expand, and enhance community and statewide recovery support services; and
added “(2) may be used to—
added “(A) advocate for individuals in recovery from substance use disorders;
added “(B) build connections between recovery networks, between recovery community organizations, and with other recovery support services, including—
added “(i) substance use disorder treatment programs and systems;
added “(ii) providers of mental health services;
added “(iii) primary care providers and physicians;
added “(iv) the criminal justice system;
added “(v) employers;
added “(vi) housing services;
added “(vii) child welfare agencies; and
added “(viii) other recovery support services that facilitate recovery from substance use disorders;
added “(C) reduce the stigma associated with substance use disorders;
added “(D) conduct public education and outreach on issues relating to substance use disorders and recovery, including—
added “(i) how to identify the signs of addiction;
added “(ii) the resources that are available to individuals struggling with addiction and families who have a family member struggling with or being treated for addiction, including programs that mentor and provide support services to children;
added “(iii) the resources that are available to help support individuals in recovery; and
added “(iv) information on the medical consequences of substance use disorders, including neonatal abstinence syndrome and potential infection with human immunodeficiency virus and viral hepatitis; and
added “(E) carry out other activities that strengthen the network of community support for individuals in recovery.”
Sec. 401 Correctional education demonstration grant program
changed
Title Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 3797cc et seq.) seq.), as amended by section 304, is amended—amended by adding at the end the following:
added “2999D. Correctional education demonstration grant program
added “(a) Definition—In this section, the term eligible entity means a State, unit of local government, nonprofit organization, or Indian tribe.
added “(b) Grant program authorized—The Attorney General may make grants to eligible entities to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities, including to pay for—
added “(1) basic education, secondary level academic education, high school equivalency examination preparation, career technical education, and English language learner instruction at the basic, secondary, or post-secondary levels, for adult and juvenile populations;
added “(2) screening and assessment of inmates to assess education level and needs, occupational interest or aptitude, risk level, and other needs, and case management services;
added “(3) hiring and training of instructors and aides, reimbursement of non-corrections staff and experts, reimbursement of stipends paid to inmate tutors or aides, and the costs of training inmate tutors and aides;
added “(4) instructional supplies and equipment, including occupational program supplies and equipment to the extent that the supplies and equipment are used for instructional purposes;
added “(5) partnerships and agreements with community colleges, universities, and career technology education program providers;
added “(6) certification programs providing recognized high school equivalency certificates and industry recognized credentials; and
added “(7) technology solutions to—
added “(A) meet the instructional, assessment, and information needs of correctional populations; and
added “(B) facilitate the continued participation of incarcerated students in community-based education programs after the students are released from incarceration.
added “(c) Application—An eligible entity seeking a grant under this section shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies.
added “(d) Priority considerations—In awarding grants under this section, the Attorney General shall give priority to applicants that—
added “(1) assess the level of risk and need of inmates, including by—
added “(A) assessing the need for English language learner instruction;
added “(B) conducting educational assessments; and
added “(C) assessing occupational interests and aptitudes;
added “(2) target educational services to assessed needs, including academic and occupational at the basic, secondary, or post-secondary level;
added “(3) target career and technology education programs to—
added “(A) areas of identified occupational demand; and
added “(B) employment opportunities in the communities in which students are reasonably expected to reside post-release;
added “(4) include a range of appropriate educational opportunities at the basic, secondary, and post-secondary levels;
added “(5) include opportunities for students to attain industry recognized credentials;
added “(6) include partnership or articulation agreements linking institutional education programs with community sited programs provided by adult education program providers and accredited institutions of higher education, community colleges, and vocational training institutions; and
added “(7) explicitly include career pathways models offering opportunities for incarcerated students to develop academic skills, in-demand occupational skills and credentials, occupational experience in institutional work programs or work release programs, and linkages with employers in the community, so that incarcerated students have opportunities to embark on careers with strong prospects for both post-release employment and advancement in a career ladder over time.
added “(e) Requirements—An eligible entity seeking a grant under this section shall—
added “(1) describe the evidence-based methodology and outcome measurements that will be used to evaluate each program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; and
added “(2) describe how each program described in paragraph (1) could be broadly replicated if demonstrated to be effective.
added “(f) Control of Internet access—An entity that receives a grant under this section may restrict access to the Internet by prisoners, as appropriate and in accordance with Federal and State law, to ensure public safety.”
removed
“KK Correctional education demonstration grant program
removed
“3011. Correctional education demonstration grant program
removed
“(a) Definition—In this section, the term eligible entity means a State, unit of local government, nonprofit organization, or Indian tribe.
removed
“(b) Grant program authorized—The Attorney General may make grants of not more than $750,000 to eligible entities to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities, including to pay for—
removed
“(1) basic education, secondary level academic education, high school equivalency examination preparation, career technical education, and English as a second language instruction at the basic, secondary, or post-secondary levels, for adult and juvenile populations;
removed
“(2) screening and assessment of inmates to assess education level, needs, occupational interest or aptitude, risk level, and other needs, and case management services;
removed
“(3) hiring and training of instructors and aides, reimbursement of non-corrections staff and experts, reimbursement of stipends paid to inmate tutors or aides, and the costs of training inmate tutors and aides;
removed
“(4) instructional supplies and equipment, including occupational program supplies and equipment to the extent that the supplies and equipment are used for instructional purposes;
removed
“(5) partnerships and agreements with community colleges, universities, and career technology education program providers, including tuition payments;
removed
“(6) certification programs providing recognized high school equivalency certificates and industry recognized credentials; and
removed
“(7) technology solutions to—
removed
“(A) meet the instructional, assessment, and information needs of correctional populations; and
removed
“(B) facilitate the continued participation of incarcerated students in community-based education programs after the students are released from incarceration.
removed
“(c) Application—An eligible entity desiring a grant under this section shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies.
removed
“(d) Priority considerations—In awarding grants under this section, the Attorney General shall give priority to applicants that—
removed
“(1) assess the level of risk and need of inmates, including by—
removed
“(A) assessing the need for English as a second language instruction;
removed
“(B) conducting educational assessments; and
removed
“(C) assessing occupational interests and aptitudes;
removed
“(2) target educational services to assessed needs, including academic and occupational at the basic, secondary, or post-secondary level;
removed
“(3) target career technology education programs to—
removed
“(A) areas of identified occupational demand; and
removed
“(B) employment opportunities in the communities in which students are reasonably expected to reside post-release;
removed
“(4) include a range of appropriate educational opportunities at the basic, secondary, and post-secondary levels;
removed
“(5) include opportunities for students to attain industry recognized credentials;
removed
“(6) include partnership or articulation agreements linking institutional education programs with community sited programs provided by adult education program providers and accredited institutions of higher education, community colleges, and vocational training institutions; and
removed
“(7) explicitly include career pathways models offering opportunities for incarcerated students to develop academic skills, in-demand occupational skills and credentials, occupational experience in institutional work programs or work release programs, and linkages with employers in the community, so that incarcerated students have opportunities to embark on careers with strong prospects for both post-release employment and advancement in a career ladder over time.
removed
“(e) Requirements—An eligible entity desiring a grant under this section shall—
removed
“(1) describe the evidence-based methodology and outcome measurements that will be used to evaluate each program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; and
removed
“(2) describe how the program described in paragraph (1) could be broadly replicated if demonstrated to be effective.
removed
“(f) Control of internet access—An entity that receives a grant under this section shall restrict access to the Internet by prisoners, as appropriate, to ensure public safety.
removed
“3012. Authorization of appropriations
removed
“There are authorized to be appropriated $5,000,000 to carry out this part for fiscal years 2016 through 2020.”
Sec. 402 National Task Force on Recovery and Collateral Consequences
removed
Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following:
removed
“(i) Convictions—The Secretary shall not include any question about the conviction of an applicant for the possession or sale of illegal drugs on the FAFSA (or any other form developed under subsection (a)).”
Sec. 403 National Task Force on Recovery and Collateral Consequences
removedSec. 501 Improving treatment for pregnant and postpartum women
added “(r) Pilot program for state substance abuse agencies
added “(1) In general—The Director shall carry out a pilot program under which the Director makes competitive grants to State substance abuse agencies to—
added “(A) enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders;
added “(B) help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in non-residential based settings; and
added “(C) promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery that are evidence-based, including effective family-based programs for women involved with the criminal justice system.
added “(2) Requirements—In carrying out the pilot program under this subsection, the Director—
added “(A) shall require State substance abuse agencies to submit to the Director applications, in such form and manner and containing such information as specified by the Director, to be eligible to receive a grant under the program;
added “(B) shall identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants;
added “(C) shall require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders;
added “(D) notwithstanding subsection (a)(1), shall not require that services furnished through such a grant be provided solely to women that reside in facilities; and
added “(E) shall not require that grant recipients under the program make available all services described in subsection (d).
added “(3) Required services
added “(A) In general—The Director shall specify minimum services required to be made available to eligible women through a grant awarded under the pilot program under this subsection. Such minimum services—
added “(i) shall include the requirements described in subsection (c);
added “(ii) may include any of the services described in subsection (d);
added “(iii) may include other services, as appropriate; and
added “(iv) shall be based on the recommendations submitted under subparagraph (B)
added “(B) Stakeholder input—The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from a substance use disorder, and other appropriate individuals, for the minimum services described in subparagraph (A).
added “(4) Duration—The pilot program under this subsection shall not exceed 5 years.
added “(5) Evaluation and report to Congress
added “(A) In general—Out of amounts made available to the Center for Behavioral Health Statistics and Quality, the Director of the Center for Behavioral Health Statistics and Quality, in cooperation with the recipients of grants under this subsection, shall conduct an evaluation of the pilot program under this subsection, beginning 1 year after the date on which a grant is first awarded under this subsection. The Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment, not later than 120 days after completion of such evaluation, shall submit to the relevant Committees of the Senate and the House of Representatives a report on such evaluation.
added “(B) Contents—The report to Congress under subparagraph (A) shall include, at a minimum, outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs, engagement in treatment services, retention in the appropriate level and duration of services, increased access to the use of drugs approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling, and other appropriate measures.
added “(6) Definition of State substance abuse agency—For purposes of this subsection, the term State substance abuse agency means, with respect to a State, the agency in such State that manages the substance abuse prevention and treatment block grant program under part B of title XIX.
added “(s) Funding
added “(1) In general—For the purpose of carrying out this section, there are authorized to be appropriated $15,900,000 for each of fiscal years 2016 through 2020.
added “(2) Limitation—Of the amounts made available under paragraph (1) to carry out this section, not more than 25 percent may be used each fiscal year to carry out subsection (r).”
removed
Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 302, is amended by adding at the end the following:
removed
“3038. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders
removed
“(a) Definitions—In this section—
removed
“(1) the term State criminal justice agency means the agency of the State responsible for administering criminal justice funds, including the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E; and
removed
“(2) the term State substance abuse agency means the agency of the State responsible for the State prevention, treatment, and recovery system, including management of the Substance Abuse Prevention and Treatment Block Grant under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21 et seq.).
removed
“(b) Purpose and program authority
removed
“(1) Grant authorization—The Attorney General, in coordination with the Secretary of Health and Human Services, may award competitive grants jointly to a State substance abuse agency and a State criminal justice agency to address the use of opioids and heroin among pregnant and parenting female offenders in the State to promote public safety, public health, family permanence, and well-being.
removed
“(2) Purposes and program authority—A grant under this section shall be used to facilitate or enhance collaboration between the State criminal justice and State substance abuse systems in order to carry out programs to address the use of opioid and heroin abuse by pregnant and parenting female offenders.
removed
“(c) Applications
removed
“(1) In general—A State substance abuse agency and State criminal justice agency desiring a grant under this section shall jointly submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines.
removed
“(2) Contents
removed
“(A) In general—Each application for a grant under this section shall contain a plan to expand the services of the State for pregnant and parenting female offenders for the use of opioids, heroin, and other drugs, which shall be in accordance with regulations or guidelines established by the Attorney General, in consultation with the Secretary of Health and Human Services.
removed
“(B) Plan—A plan submitted under subparagraph (A) shall, at a minimum, include—
removed
“(i) a description of how the applicants will work jointly to address the needs associated with the use of opioids or heroin by pregnant and parenting female offenders to promote family stability and permanence;
removed
“(ii) a description of the nature and the extent of the problem of opioid and heroin use by pregnant and parenting female offenders in the State;
removed
“(iii) a certification that the State has involved counties and other units of local government, when appropriate, in the development, expansion, modification, operation, or improvement of proposed programs to address the problems associated with opioid and heroin use;
removed
“(iv) a certification that funds received under this section will be used to supplement, not supplant, other Federal, State, and local funds; and
removed
“(v) a description of clinically appropriate practices and procedures to—
removed
“(I) screen and assess pregnant and parenting female offenders for problems associated with opioids and heroin;
removed
“(II) screen and assess pregnant and parenting female offenders demonstrating problems associated with opioids and heroin for co-occurring mental disorders;
removed
“(III) provide clinically appropriate services, including medication assisted treatment, for female offenders and their children in the same location to promote family permanence and self-sufficiency; and
removed
“(IV) provide for a process to enhance or ensure the abilities of the State criminal justice agency and State substance abuse agency to work together to reunite families when appropriate in the case where family treatment is not provided.
removed
“(d) Period of grant; renewal
removed
“(1) Period—A grant under this section shall be for a period of 3 years.
removed
“(2) Renewal—A State substance abuse agency and a State criminal justice agency receiving a grant under this section may apply for and, after the end of the period of the first grant under this section, receive 1 additional grant under this section.
removed
“(e) Performance accountability; reports
removed
“(1) Reports—A State substance abuse agency and a State criminal justice agency receiving a grant under this section shall jointly submit to the Attorney General a report on the activities carried out under the grant at the end of each fiscal year during the period of the grant.
removed
“(2) Evaluation—Not later than 1 year after the end of the period of a grant under this section, the Attorney General shall submit a report to each committee of Congress with jurisdiction of the program under this section that summarizes the reports of the recipients of the grant and provides recommendations, if any, for further legislative action.
removed
“(f) Training and technical assistance—The Attorney General shall support State substance abuse and State criminal justice agencies by developing, in consultation with State substance abuse and State criminal justice agencies, and offering a program of training and technical assistance to assist the agencies in developing programs and protocols—
removed
“(1) to implement this section; and
removed
“(2) for effectively working across the Federal and State criminal and substance abuse systems.
removed
“(g) Authorization of appropriations—There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020.”
Sec. 503 Veterans’ treatment courts
changed
Section 2991 2991(j)(1)(B)(ii) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) 3797aa(j)(1)(B)(ii)), as amended by the Comprehensive Justice and Mental Health Act of 2015 (S. 993, 114th Congress), is amended—
removed
“(i) Assisting veterans
removed
“(1) Definitions—In this subsection:
removed
“(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.
removed
“(B) Qualified veteran—The term qualified veteran means a preliminarily qualified offender who—
removed
“(i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and
removed
“(ii)
removed
“(I) was discharged or released from such service under conditions other than dishonorable; or
removed
“(II) was discharged or released from such service under dishonorable conditions, if the reason for that discharge or release, if known, is attributable to drug use.
removed
“(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—
removed
“(i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate;
removed
“(ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma;
removed
“(iii) alternatives to incarceration; and
removed
“(iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits.
removed
“(2) Veterans assistance program
removed
“(A) 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—
removed
“(i) veterans treatment court programs;
removed
“(ii) peer to peer services or programs for qualified veterans;
removed
“(iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and
removed
“(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.
removed
“(B) Priority—In awarding grants under this subsection, the Attorney General shall give priority to applications that—
removed
“(i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies;
removed
“(ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and
removed
“(iii) propose interventions with empirical support to improve outcomes for qualified veterans.”
added “(II) was discharged or released from such service under dishonorable conditions, if the reason for that discharge or release, if known, is attributable to a substance use disorder.”
removed
“(2) Veterans treatment courts—In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated to the Attorney General $5,000,000 for each of fiscal years 2016 through 2020 to carry out subsection (i).”
Sec. 601 State demonstration grants for comprehensive opioid abuse response
removed
Part MM of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by section 501, is amended by adding at the end the following:
removed
“3039. State demonstration grants for comprehensive opioid abuse response
removed
“(a) Definitions—In this section—
removed
“(1) the term dispenser has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802);
removed
“(2) 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—
removed
“(A) for use on the premises on which the substance is dispensed;
removed
“(B) in a hospital emergency room, when the substance is in short supply;
removed
“(C) for a certified opioid treatment program; or
removed
“(D) in other situations as the Attorney General may reasonably determine;
removed
“(3) the term prescriber means a dispenser who prescribes a controlled substance, or the agent of such a dispenser; and
removed
“(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)).
removed
“(b) Planning and implementation grants
removed
“(1) In general—The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may award grants to States, and combinations thereof, to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative.
removed
“(2) Purposes—A State receiving a grant under this section shall establish a comprehensive response to opioid abuse, which shall include—
removed
“(A) prevention and education efforts around heroin and opioid use, treatment, and recovery;
removed
“(B) a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which shall include—
removed
“(i) data sharing with other States by statute, regulation, or interstate agreement; and
removed
“(ii) educating physicians, residents, medical students, and other prescribers of Schedule II, III, or IV controlled substances on the prescription drug monitoring program of the State;
removed
“(C) developing, implementing, or expanding the prescription drug and opioid addiction treatment program of the State by—
removed
“(i) expanding programs for medication assisted treatment of prescription drug and opioid addiction, including training for treatment and recovery support providers;
removed
“(ii) developing, implementing, or expanding programs for behavioral health therapy for individuals who are in treatment for prescription drug and opioid addiction, including contingency management, cognitive behavioral therapy, and motivational enhancements;
removed
“(iii) developing, implementing, or expanding programs to screen individuals who are in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and provide treatment for those individuals if clinically appropriate; or
removed
“(iv) developing, implementing, or expanding programs that provide screening, early intervention, and referral to treatment (commonly referred to as SBIRT) to teenagers and young adults in primary care, middle schools, high schools, universities, school-based health centers, and other community-based health care settings frequently accessed by teenagers or young adults; and
removed
“(D) developing, implementing, and expanding programs to prevent overdose death of prescription medications and opioids.
removed
“(3) Planning grant applications
removed
“(A) Application
removed
“(i) In general—A State desiring a planning grant under this section to prepare a comprehensive plan for an integrated opioid abuse response initiative shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines.
removed
“(ii) Requirements—An application for a planning grant under this section shall, at a minimum, include—
removed
“(I) a budget and a budget justification for the activities to be carried out using the grant;
removed
“(II) a description of the activities proposed to be carried out using the grant, including a schedule for completion of such activities;
removed
“(III) outcome measures that will be used to measure the effectiveness of the programs and initiatives to address opioids; and
removed
“(IV) a description of the personnel necessary to complete such activities.
removed
“(B) Period; nonrenewability—A planning grant under this section shall be for a period of 1 year. A State may not receive more than 1 planning grant under this section.
removed
“(C) Amount—A planning grant under this section may not exceed $100,000, except that the Attorney General may, for good cause, approve a grant in a higher amount.
removed
“(D) Strategic plan and program implementation plan—A State receiving a planning grant under this section shall develop a strategic plan and a program implementation plan.
removed
“(4) Implementation grants
removed
“(A) Application—A State desiring an implementation grant under this section to implement a comprehensive strategy for addressing opioid abuse shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines.
removed
“(B) Use of funds—A State that receives an implementation grant under this section shall use the grant for the cost of carrying out an integrated opioid abuse response program in accordance with this section, including for technical assistance, training, and administrative expenses.
removed
“(C) Requirements—An integrated opioid abuse response program carried out using an implementation grant under this section shall—
removed
“(i) ensure that each prescriber of a schedule II, III, or IV controlled substance in the State—
removed
“(I) registers with the prescription drug monitoring program of the State; and
removed
“(II) consults the prescription drug monitoring program database of the State before prescribing a schedule II, III, or IV controlled substance;
removed
“(ii) ensure that each dispenser of a schedule II, III, or IV controlled substance in the State—
removed
“(I) registers with the prescription drug monitoring program of the State;
removed
“(II) consults the prescription drug monitoring program database of the State before dispensing a schedule II, III, or IV controlled substance; and
removed
“(III) reports to the prescription drug monitoring program of the State, at a minimum, each instance in which a schedule II, III, or IV controlled substance is dispensed, with limited exceptions, as defined by the State, which shall indicate the prescriber by name and National Provider Identifier;
removed
“(iii) require that, not fewer than 4 times each year, the State agency or agencies that administer the prescription drug monitoring program of the State prepare and provide to each prescriber of a schedule II, III, or IV controlled substance an informational report that shows how the prescribing patterns of the prescriber compare to prescribing practices of the peers of the prescriber and expected norms;
removed
“(iv) if informational reports provided to a prescriber under clause (iii) indicate that the prescriber is repeatedly falling outside of expected norms or standard practices for the prescriber's field, direct the prescriber to educational resources on appropriate prescribing of controlled substances;
removed
“(v) ensure that the prescriber licensing board of the State receives a report describing any prescribers that repeatedly fall outside of expected norms or standard practices for the prescriber's field, as described in clause (iii);
removed
“(vi) require consultation with the Single State Authority for Substance Abuse; and
removed
“(vii) establish requirements for how data will be collected and analyzed to determine the effectiveness of the program.
removed
“(D) Period—An implementation grant under this section shall be for a period of 2 years.
removed
“(E) Amount—The amount of an implementation grant under this section may not exceed $5,000,000 except that the Attorney General may, for good cause, approve a grant in a higher amount.
removed
“(5) Priority considerations—In awarding planning and implementation grants under this section, the Attorney General shall give priority to a State that—
removed
“(A) provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by—
removed
“(i) enacting legislation that provides such civil liability protection; or
removed
“(ii) providing a certification by the attorney general of the State that the attorney general has—
removed
“(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 may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and
removed
“(II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons;
removed
“(B) have in effect legislation or implement a policy under which the State shall not terminate, but may suspend, enrollment under the State plan for medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) for an individual who is incarcerated for a period of fewer than 2 years;
removed
“(C) have 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;
removed
“(D) ensures the capability of data sharing with other States, such as by making data available to a prescription monitoring hub;
removed
“(E) ensures that data recorded in the prescription drug monitoring program database of the State is available within 24 hours, to the extent possible; and
removed
“(F) ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected.
removed
“(c) Authorization of appropriations—There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2016 through 2020.”
Sec. 701 GAO report on IMD exclusion
removed
It is the sense of Congress that the amounts expended to carry out this Act and the amendments made by this Act should be offset by a corresponding reduction in Federal non-defense discretionary spending.
Sec. 702 Funding
added Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.), as amended by section 401, is amended by adding at the end the following:
added “2999E. Funding
added “There are authorized to be appropriated to the Attorney General and the Secretary of Health and Human Services to carry out this part $62,000,000 for each of fiscal years 2016 through 2020.”
Sec. 703 Conforming amendments
addedadded Part II of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc et seq.) is amended—
Sec. 704 Grant accountability
addedadded “2999F. Grant accountability
added “(a) Definitions—In this section—
added “(1) the term applicable committees—
added “(A) with respect to the Attorney General and any other official of the Department of Justice, means—
added “(i) the Committee on the Judiciary of the Senate; and
added “(ii) the Committee on the Judiciary of the House of Representatives; and
added “(B) with respect to the Secretary of Health and Human Services and any other official of the Department of Health and Human Services, means—
added “(i) the Committee on Health, Education, Labor, and Pensions of the Senate; and
added “(ii) the Committee on Energy and Commerce of the House of Representatives;
added “(2) the term covered agency means—
added “(A) the Department of Justice; and
added “(B) the Department of Health and Human Services; and
added “(3) the term covered official means—
added “(A) the Attorney General; and
added “(B) the Secretary of Health and Human Services.
added “(b) Accountability—All grants awarded by a covered official under this part shall be subject to the following accountability provisions:
added “(1) Audit requirement
added “(A) Definition—In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of a covered agency that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months after the date on which the final audit report is issued.
added “(B) Audit—Beginning in the first fiscal year beginning after the date of enactment of this section, and in each fiscal year thereafter, the Inspector General of a covered agency shall conduct audits of recipients of grants awarded by the applicable covered official under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
added “(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).
added “(D) Priority—In awarding grants under this part, a covered official shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part.
added “(E) Reimbursement—If an entity is awarded grant funds under this part during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the covered official that awarded the grant funds shall—
added “(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
added “(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
added “(2) Nonprofit organization requirements
added “(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.
added “(B) Prohibition—A covered official may not award a grant under this part to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
added “(C) Disclosure—Each nonprofit organization that is awarded a grant under this part and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the applicable covered official, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, a covered official shall make the information disclosed under this subparagraph available for public inspection.
added “(3) Conference expenditures
added “(A) Limitation—No amounts made available to a covered official under this part may be used by the covered official, or by any individual or entity awarded discretionary funds through a cooperative agreement under this part, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the covered official, unless the covered official provides prior written authorization that the funds may be expended to host the conference.
added “(B) Written authorization—Written authorization under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment.
added “(C) Report
added “(i) Department of Justice—The Deputy Attorney General shall submit to the applicable committees an annual report on all conference expenditures approved by the Attorney General under this paragraph.
added “(ii) Department of Health and Human Services—The Deputy Secretary of Health and Human Services shall submit to the applicable committees an annual report on all conference expenditures approved by the Secretary of Health and Human Services under this paragraph.
added “(4) Annual certification—Beginning in the first fiscal year beginning after the date of enactment of this section, each covered official shall submit to the applicable committees an annual certification—
added “(A) indicating whether—
added “(i) all audits issued by the Office of the Inspector General of the applicable agency under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director, or the appropriate official of the Department of Health and Human Services, as applicable;
added “(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and
added “(iii) all reimbursements required under paragraph (1)(E) have been made; and
added “(B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year.
added “(c) Preventing duplicative grants
added “(1) In general—Before a covered official awards a grant to an applicant under this part, the covered official shall compare potential grant awards with other grants awarded under this part by the covered official to determine if duplicate grant awards are awarded for the same purpose.
added “(2) Report—If a covered official awards duplicate grants to the same applicant for the same purpose, the covered official shall submit to the applicable committees a report that includes—
added “(A) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and
added “(B) the reason the covered official awarded the duplicate grants.”
Sec. 705 Programs to prevent prescription drug abuse under the Medicare program
addedadded “(5) Drug management program for at-risk beneficiaries
added “(A) Authority to establish—A PDP sponsor may establish a drug management program for at-risk beneficiaries under which, subject to subparagraph (B), the PDP sponsor may, in the case of an at-risk beneficiary for prescription drug abuse who is an enrollee in a prescription drug plan of such PDP sponsor, limit such beneficiary’s access to coverage for frequently abused drugs under such plan to frequently abused drugs that are prescribed for such beneficiary by a prescriber (or prescribers) selected under subparagraph (D), and dispensed for such beneficiary by a pharmacy (or pharmacies) selected under such subparagraph.
added “(B) Requirement for notices
added “(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—
added “(I) provides to the beneficiary an initial notice described in clause (ii) and a second notice described in clause (iii); and
added “(II) verifies with the providers of the beneficiary that the beneficiary is an at-risk beneficiary for prescription drug abuse, as described in subparagraph (C)(iv).
added “(ii) Initial notice—An initial written notice described in this clause is a notice that provides to the beneficiary—
added “(I) notice that the PDP sponsor has identified the beneficiary as potentially being an at-risk beneficiary for prescription drug abuse;
added “(II) information, when possible, describing State and Federal public health resources that are designed to address prescription drug abuse to which the beneficiary may have access, including substance use disorder treatment services, addiction treatment services, mental health services, and other counseling services;
added “(III) a request for the beneficiary to submit to the PDP sponsor preferences for which prescribers and pharmacies the beneficiary would prefer the PDP sponsor to select under subparagraph (D) in the case that the beneficiary is identified as an at-risk beneficiary for prescription drug abuse as described in clause (iii)(I);
added “(IV) an explanation of the meaning and consequences of the identification of the beneficiary as potentially being an at-risk beneficiary for prescription drug abuse, including an explanation of the drug management program established by the PDP sponsor pursuant to subparagraph (A);
added “(V) clear instructions that explain how the beneficiary can contact the PDP sponsor in order to submit to the PDP sponsor the preferences described in subclause (IV) and any other communications relating to the drug management program for at-risk beneficiaries established by the PDP sponsor;
added “(VI) contact information for other organizations that can provide the beneficiary with information regarding drug management program for at-risk beneficiaries (similar to the information provided by the Secretary in other standardized notices to part D eligible individuals enrolled in prescription drug plans under this part); and
added “(VII) notice that the beneficiary has a right to an appeal pursuant to subparagraph (E).
added “(iii) Second notice—A second written notice described in this clause is a notice that provides to the beneficiary notice—
added “(I) that the PDP sponsor has identified the beneficiary as an at-risk beneficiary for prescription drug abuse;
added “(II) that such beneficiary has been sent, or informed of, such identification in the initial notice and is now subject to the requirements of the drug management program for at-risk beneficiaries established by such PDP sponsor for such plan;
added “(III) of the prescriber and pharmacy selected for such individual under subparagraph (D);
added “(IV) of, and information about, the right of the beneficiary to a reconsideration and an appeal under subsection (h) of such identification and the prescribers and pharmacies selected;
added “(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
added “(VI) that includes clear instructions that explain how the beneficiary can contact the PDP sponsor in order to submit to the PDP sponsor the preferences described in subclause (V).
added “(iv) Timing of notices
added “(I) In general—Subject to subclause (II), a second written notice described in clause (iii) shall be provided to the beneficiary on a date that is not less than 30 days after an initial notice described in clause (ii) is provided to the beneficiary.
added “(II) Exception—In the case that the PDP sponsor, in conjunction with the Secretary, determines that concerns identified through rulemaking by the Secretary regarding the health or safety of the beneficiary or regarding significant drug diversion activities require the PDP sponsor to provide a second notice described in clause (iii) to the beneficiary on a date that is earlier than the date described in subclause (II), the PDP sponsor may provide such second notice on such earlier date.
added “(III) Form of notice—The written notices under clauses (ii) and (iii) shall be in a format determined appropriate by the Secretary, taking into account beneficiary preferences.
added “(C) At-risk beneficiary for prescription drug abuse
added “(i) In general—For purposes of this paragraph, the term “at-risk beneficiary for prescription drug abuse” means a part D eligible individual who is not an exempted individual described in clause (ii) and—
added “(I) who is identified through criteria developed by the Secretary in consultation with PDP sponsors and other stakeholders described in subsection section __(g)(2)(A) of the Comprehensive Addiction and Recovery Act of 2016 based on clinical factors indicating misuse or abuse of prescription drugs described in subparagraph (G), including dosage, quantity, duration of use, number of and reasonable access to prescribers, and number of and reasonable access to pharmacies used to obtain such drug; or
added “(II) with respect to whom the PDP sponsor of a prescription drug plan, upon enrolling such individual in such plan, received notice from the Secretary that such individual was identified under this paragraph to be an at-risk beneficiary for prescription drug abuse under a prescription drug plan in which such individual was previously enrolled and such identification has not been terminated under subparagraph (F).
added “(ii) Exempted individual described—An exempted individual described in this clause is an individual who—
added “(I) receives hospice care under this title;
added “(II) resides in a long-term care facility, a facility described in section 1905(d), or other facility under contract with a single pharmacy; or
added “(III) the Secretary elects to treat as an exempted individual for purposes of clause (i).
added “(iii) Program size—The Secretary shall establish policies, including the criteria developed under clause (i)(I) and the exemptions under clause (ii)(III), to ensure that the population of enrollees in a drug management program for at-risk beneficiaries operated by a prescription drug plan can be effectively managed by such plans.
added “(iv) Clinical contact—With respect to each at-risk beneficiary for prescription drug abuse enrolled in a prescription drug plan offered by a PDP sponsor, the PDP sponsor shall contact the beneficiary's providers who have prescribed frequently abused drugs regarding whether prescribed medications are appropriate for such beneficiary’s medical conditions.
added “(D) Selection of prescribers
added “(i) In general—With respect to each at-risk beneficiary for prescription drug abuse enrolled in a prescription drug plan offered by such sponsor, a PDP sponsor shall, based on the preferences submitted to the PDP sponsor by the beneficiary pursuant to clauses (ii)(III) and (iii)(V) of subparagraph (B) if applicable, select—
added “(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
added “(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.
added “(ii) Reasonable access—In making the selection under this subparagraph, a PDP sponsor shall ensure, taking into account geographic location, beneficiary preference, impact on cost-sharing, and reasonable travel time, that the beneficiary continues to have reasonable access to drugs described in subparagraph (G), including—
added “(I) for individuals with multiple residences; and
added “(II) in the case of natural disasters and similar emergency situations.
added “(iii) Beneficiary preferences
added “(I) In general—If an at-risk beneficiary for prescription drug abuse submits preferences for which in-network prescribers and pharmacies the beneficiary would prefer the PDP sponsor select in response to a notice under subparagraph (B), the PDP sponsor shall—
added “(aa) review such preferences;
added “(bb) select or change the selection of a prescriber or pharmacy for the beneficiary based on such preferences; and
added “(cc) inform the beneficiary of such selection or change of selection.
added “(II) Exception—In the case that the PDP sponsor determines that a change to the selection of a prescriber or pharmacy under item (bb) by the PDP sponsor is contributing or would contribute to prescription drug abuse or drug diversion by the beneficiary, the PDP sponsor may change the selection of a prescriber or pharmacy for the beneficiary. If the PDP sponsor changes the selection pursuant to the preceding sentence, the PDP sponsor shall provide the beneficiary with—
added “(aa) at least 30 days written notice of the change of selection; and
added “(bb) a rationale for the change.
added “(III) Timing—An at-risk beneficiary for prescription drug abuse may choose to express their prescriber and pharmacy preference and communicate such preference to their PDP sponsor at any date while enrolled in the program, including after a second notice under subparagraph (B)(iii) has been provided.
added “(iv) Confirmation—Before selecting a prescriber or pharmacy under this subparagraph, a PDP sponsor must notify the prescriber and pharmacy that the beneficiary involved has been identified for inclusion in the drug management program for at-risk beneficiaries and that the prescriber and pharmacy has been selected as the beneficiary’s designated prescriber and pharmacy.
added “(E) Appeals—The identification of an individual as an at-risk beneficiary for prescription drug abuse under this paragraph, a coverage determination made under a drug management program for at-risk beneficiaries, and the selection of a prescriber or pharmacy under subparagraph (D) with respect to such individual shall be subject to an expedited reconsideration and appeal pursuant to subsection (h).
added “(F) Termination of identification
added “(i) In general—The Secretary shall develop standards for the termination of identification of an individual as an at-risk beneficiary for prescription drug abuse under this paragraph. Under such standards such identification shall terminate as of the earlier of—
added “(I) the date the individual demonstrates that the individual is no longer likely, in the absence of the restrictions under this paragraph, to be an at-risk beneficiary for prescription drug abuse described in subparagraph (C)(i); or
added “(II) the end of such maximum period of identification as the Secretary may specify.
added “(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.
added “(G) Frequently abused drug—For purposes of this subsection, the term frequently abused drug means a drug that is determined by the Secretary to be frequently abused or diverted and that is—
added “(i) a Controlled Drug Substance in Schedule CII; or
added “(ii) within the same class or category of drugs as a Controlled Drug Substance in Schedule CII, as determined through notice and comment rulemaking.
added “(H) Data disclosure
added “(i) Data on decision to impose limitation—In the case of an at-risk beneficiary for prescription drug abuse (or an individual who is a potentially at-risk beneficiary for prescription drug abuse) whose access to coverage for frequently abused drugs under a prescription drug plan has been limited by a PDP sponsor under this paragraph, the Secretary shall establish rules and procedures to require such PDP sponsor to disclose data, including necessary individually identifiable health information, about the decision to impose such limitations and the limitations imposed by the PDP sponsor under this part.
added “(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.
added “(I) Sharing of information for subsequent plan enrollments—The Secretary shall establish procedures under which PDP sponsors who offer prescription drug plans shall share information with respect to individuals who are at-risk beneficiaries for prescription drug abuse (or individuals who are potentially at-risk beneficiaries for prescription drug abuse) and enrolled in a prescription drug plan and who subsequently disenroll from such plan and enroll in another prescription drug plan offered by another PDP sponsor.
added “(J) Privacy issues—Prior to the implementation of the rules and procedures under this paragraph, the Secretary shall clarify privacy requirements, including requirements under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act 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).
added “(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—
added “(i) provided through the improper payment outreach and education program described in section 1874A(h); and
added “(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.
added “(L) CMS compliance review—The Secretary shall ensure that existing plan sponsor compliance reviews and audit processes include the drug management programs for at-risk beneficiaries under this paragraph, including appeals processes under such programs.”
added “(v) The drug management program for at-risk beneficiaries under subsection (c)(5).”
added “(E) A utilization management tool to prevent drug abuse (as described in paragraph (5)(A)).”
added “(6) Utilization management tool to prevent drug abuse
added “(A) In general—A tool described in this paragraph is any of the following:
added “(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.
added “(ii) Retrospective utilization review to identify—
added “(I) individuals that receive frequently abused drugs at a frequency or in amounts that are not clinically appropriate; and
added “(II) providers of services or suppliers that may facilitate the abuse or diversion of frequently abused drugs by beneficiaries.
added “(iii) Consultation with the contractor described in subparagraph (B) to verify if an individual enrolling in a prescription drug plan offered by a PDP sponsor has been previously identified by another PDP sponsor as an individual described in clause (ii)(I).
added “(B) Reporting—A PDP sponsor offering a prescription drug plan in a State shall submit to the Secretary and the Medicare drug integrity contractor with which the Secretary has entered into a contract under section 1893 with respect to such State a report, on a monthly basis, containing information on—
added “(i) any provider of services or supplier described in subparagraph (A)(ii)(II) that is identified by such plan sponsor during the 30-day period before such report is submitted; and
added “(ii) the name and prescription records of individuals described in paragraph (5)(C).
added “(C) CMS compliance review—The Secretary shall ensure that plan sponsor annual compliance reviews and program audits include a certification that utilization management tools under this paragraph are in compliance with the requirements for such tools.”
added “(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.”
Sec. 801 Short title
addedadded This title may be cited as the “Transnational Drug Trafficking Act of 2015”.
Sec. 802 Possession, manufacture or distribution for purposes of unlawful importations
addedadded Section 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 959) is amended—
added “(b) It shall be unlawful for any person to manufacture or distribute a listed chemical—
added “(1) intending or knowing that the listed chemical will be used to manufacture a controlled substance; and
added “(2) intending, knowing, or having reasonable cause to believe that the controlled substance will be unlawfully imported into the United States.”
Sec. 803 Trafficking in counterfeit goods or services
addedadded Chapter 113 of title 18, United States Code, is amended—
added “(4) traffics in a drug and knowingly uses a counterfeit mark on or in connection with such drug,”
added “(6) the term drug means a drug, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).”