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II
113th CONGRESS
2d Session
S. 2839
IN THE SENATE OF THE UNITED STATES
September 17 (legislative day, September 16), 2014
Mr. Whitehouse (for himself, Mr. Portman, Ms. Klobuchar, Ms. Ayotte, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To authorize the Attorney General to award grants to address the national epidemics of prescription
opioid abuse and heroin use.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the
Comprehensive Addiction and Recovery Act of 2014.
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—Prevention and education
Sec. 101. Development of best prescribing practices.
Sec. 102. National education campaign.
Sec. 103. Community-based coalition enhancement grants to address local drug crises.
TITLE II—Law enforcement and treatment
Sec. 201. Treatment alternative to incarceration programs.
Sec. 202. Law enforcement naloxone training and implementation pilot.
Sec. 203. Prescription drug take back expansion.
TITLE III—Treatment and recovery
Sec. 301. Evidence-based opioid and heroin treatment and interventions demonstration.
Sec. 302. Criminal justice medication assisted treatment and interventions demonstration.
Sec. 303. National youth recovery initiative.
Sec. 304. Building communities of recovery.
TITLE IV—Addressing collateral consequences
Sec. 401. Correctional education demonstration grant program.
Sec. 402. Revision of FAFSA form.
Sec. 403. National Task Force on Recovery and Collateral Consequences.
TITLE V—Addiction and treatment services for women, families, and veterans
Sec. 501. Authority to award competitive grants to address opioid and heroin abuse by pregnant and
parenting female offenders.
Sec. 502. Grants for family-based substance abuse treatment.
Sec. 503. Veterans' treatment courts.
TITLE VI—Incentivizing State comprehensive initiatives to address opioid and heroin abuse
Sec. 601. State demonstration grants for comprehensive opioid abuse response.
2.
Findings
Congress finds the following:
(1) The abuse of heroin and prescription painkillers is having a devastating effect on public health
and safety in communities across the United States. According to the
Centers for Disease Control and Prevention, drug overdose deaths now
surpass traffic crashes in the number of deaths caused by injury in the
United States. In 2011, an average of about 110 people in the United
States died from drug overdose every day.
(2) Law enforcement officials and treatment experts throughout the country report that many
prescription opioid users have turned to heroin as a cheaper or more
easily obtained alternative to prescription drugs.
(3) Opioid pain relievers are the most widely misused or abused controlled prescription drugs (commonly
referred to as CPDs) and are involved in most CPD-related overdose incidents. According to the Drug Abuse Warning
Network (commonly known as DAWN), the estimated number of emergency department visits involving nonmedical use of prescription
opiates or opioids increased by 112 percent, from 84,671 to 179,787,
between 2006 and 2010.
(4) According to a report by the National Association of State Alcohol and Drug Abuse Directors
(commonly referred to as NASADAD), 37 States reported an increase in admissions to treatment for
heroin use during the past 2 years, while admissions to treatment for
prescription opiates increased 500 percent from 2000 to 2012.
(5) Addiction is a treatable disease. Discoveries in the science of addiction have led to advances in
the treatment of substance use disorders that help people stop abusing
drugs and prescription medications and resume their productive lives.
(6) According to the Office of National Drug Control Policy (commonly referred to as ONDCP), approximately 22,700,000 people in the United States
needed substance use disorder treatment in 2013, but only 2,500,000 people
received it.
(7) Effective substance abuse prevention can yield major economic dividends. Every dollar invested in
prevention can lead to savings between $2 and $20.
(8) According to the National Institute on Drug Abuse, when schools and communities properly implement
science-validated substance abuse prevention programs, alcohol, tobacco,
and illicit drug abuse are reduced. Such programs help teachers, parents,
and healthcare professionals shape the perceptions of youths about the
risks of drug abuse.
(9) Diverting individuals with substance use disorders from criminal justice systems into
community-based treatment can save billions of dollars and prevent
sizeable numbers of crimes, arrests, and re-incarcerations over the course
of those individuals’ lives.
(10) According to the Drug Enforcement Agency, more than 1,700 tons of expired, unwanted prescription
medications have been collected over the past 31/2 years, following the enactment of the Secure and Responsible Drug Disposal Act of 2010 (Public Law
111–273; 124 Stat. 2858).
(11) Research shows that combining treatment medications with behavioral therapy is the best way to
ensure success for most patients. Treatment approaches must be tailored to
address the drug abuse patterns and drug-related medical, psychiatric, and
social problems of each individual. Different types of medications may be
useful at different stages of treatment to help a patient stop abusing
drugs, stay in treatment, and avoid relapse.
(12) Research indicates that combating the epidemic of opioid abuse, including abuse of prescription
painkillers and, increasingly, heroin, requires a multi-pronged approach
that involves reducing drug diversion, expanding delivery of existing
treatments (including medication assisted treatments), expanding access to
overdose medications and interventions, and the development of new
medications for pain that can augment the existing treatment arsenal.
3.
Definitions
In this Act—
(1) the term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b);
(2) the term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the
Food and Drug Administration in combination with
counseling and behavioral
therapies.;
(3) the term ONDCP Recovery Branch means the Recovery Branch of the Office of National Drug Control Policy;
(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;
(5) 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)); and
(6) the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico,
and any territory or possession of the United States.
I
Prevention and education
101.
Development of best prescribing practices
(a)
Inter-Agency task force
Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the Secretary), in cooperation with the Secretary of Veterans Affairs, the Secretary of Defense, and the
Administrator of the Drug Enforcement Administration, shall convene a Pain
Management Best Practices Inter-Agency Task Force (referred to in this
section as the task force).
(b)
Membership
The task force shall be comprised of—
(1) representatives of—
(A) the Department of Health and Human Services;
(B) the Department of Veterans Affairs;
(C) the Department of Defense;
(D) the Drug Enforcement Administration;
(E) the Centers for Disease Control and Prevention;
(F) the Institute of Medicine; and
(G) the Office of National Drug Control Policy;
(2) the Director of the National Institutes of Health;
(3) physicians, dentists, and non-physician prescribers;
(4) pharmacists;
(5) experts in the fields of pain research and addiction research;
(6) representatives of—
(A) pain management professional organizations;
(B) the mental health treatment community;
(C) the addiction treatment community; and
(D) pain advocacy groups; and
(7) other stakeholders, as the Secretary determines appropriate.
(c)
Duties
The task force shall—
(1) not later than 180 days after the date on which the task force is convened under subsection (a),
develop best practices
for pain management and prescribing pain medication, taking
into consideration—
(A) existing pain management research;
(B) recommendations from relevant conferences; and
(C) ongoing efforts at the State and local levels and by medical professional organizations to develop
improved pain management strategies;
(2) solicit and take into consideration public comment on the practices developed under paragraph (1),
amending such best practices if appropriate; and
(3) develop a strategy for disseminating information about the best practices developed under
paragraphs (1) and (2) to prescribers, pharmacists, State medical boards,
and other parties, as the Secretary determines appropriate.
(d)
Limitation
The task force shall not have rulemaking authority.
(e)
Report
Not later than 270 days after the date on which the task force is convened under subsection (a),
the task force shall submit to Congress a report that includes—
(1) the strategy for disseminating best practices developed under subsection (c);
(2) the results of a feasibility study on linking best practices developed under subsection (c) to
receiving and renewing registrations under section
303(f) of the Controlled Substances Act (21 U.S.C. 823(f)); and
(3) recommendations on how to apply best practices developed under subsection (c) to improve
prescribing practices at medical
facilities, including medical facilities of the Veterans Health
Administration.
102.
National education campaign
(a)
Definition
In this section, the term eligible entity means a State, unit of local government, or nonprofit organization.
(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—
(1) parent and caretaker-focused prevention efforts, including—
(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—
(i) how to educate teens about opioid and heroin abuse;
(ii) how to intervene if a parent thinks or knows their teen is abusing opioids or heroin;
(iii) signs of opioid or heroin overdose; and
(iv) the use of naloxone to prevent death from opioid or heroin overdose;
(B) the development of detailed digital and print educational materials to accompany the online and
social media materials and
toolkit described in subparagraph (A);
(C) the development and dissemination of public service announcements to—
(i) raise awareness of heroin and opioid abuse among parents and other caretakers; and
(ii) motivate parents and other caretakers to visit online educational materials on heroin and opioid
abuse; and
(D) the dissemination of educational materials to the media through—
(i) a town hall or panel discussion with experts;
(ii) a press release;
(iii) an online news release;
(iv) a media tour; and
(v) sharable infographics;
(2) prevention efforts focused on teenagers, college students, and college-age individuals, including—
(A) the development of a national digital campaign; and
(B) the development of a community education toolkit for use by community coalitions;
(3) campaigns to inform individuals about available resources to aid in recovery from substance use
disorder;
(4) encouragement of individuals in or seeking recovery from substance use disorder to enter the
health
care system; or
(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.
(c)
Application
(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
(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;
(B) specifically explain
how the measurements described in subparagraph (A) will provide valid
measures of the impact of the program described in subparagraph (A);
(C) describe how the program described in subparagraph (A) could be broadly replicated if demonstrated
to be effective;
(D) demonstrate that all planned services will be research-informed, which may include evidence-based
practices documented
in—
(i) the report of the Institute of Medicine entitled Preventing Mental, Emotional, and
Behavioral Disorders Among Young People; or
(ii) the National Registry of Effective Programs and
Practices (commonly referred to as NREPP of the Substance Abuse and Mental
Health Administration); and
(E) demonstrate that the eligible entity will effectively integrate and sustain the program described
in subparagraph (A) into curriculum or community outreach efforts.
(d)
Use of funds
A grantee shall use a grant received under this section for expenses of educational efforts to—
(1) prevent abuse of opioids, heroin, alcohol, and other drugs; or
(2) promote treatment and recovery.
(e)
Duration
The Attorney General shall award grants under this section for a period not to exceed 2 years.
(f)
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.
(g)
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.
103.
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 subtitle A of title I of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1521 et
seq.);
(2) the term eligible entity means an organization that—
(A) on or before the date of submitting an application for a grant under this section, receives or has
received a grant under the
Drug-Free Communities Act of 1997; and
(B) has documented, using local data, rates of abuse of opioids at levels that
are—
(i) significantly higher than the national average as determined by the Attorney General (including
appropriate consideration of the Monitoring the Future Survey published by
the National Institute on Drug Abuse and the National Survey on Drug Use
and Health by the Substance Abuse and Mental Health Service
Administration); or
(ii) higher than the national average, as determined by the Attorney General (including appropriate
consideration of the surveys described in clause (i)), over a sustained
period of time; and
(3) the term local drug crisis means, with respect to the area served by an eligible entity—
(A) a sudden increase in the abuse of prescription medications, specifically opioids,
as documented by local data; or
(B) the abuse of prescription medications, specifically opioids, that is significantly
higher than the national average, over a sustained period of time, as
documented by local data.
(b)
Program authorized
The Attorney General, in coordination with the Director of the Office of National Drug Control
Policy, may make grants to eligible
entities
to implement comprehensive community-wide strategies that
address local
drug
crises within the area served by the eligible entity.
(c)
Application
(1)
In general
An eligible entity 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.
(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—
(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).
(e)
Grant amounts and duration
(1)
Amounts
The Attorney General may not award a grant under this section for a fiscal year in an amount that
exceeds—
(A) the amount of non-Federal funds raised by the eligible entity, including in-kind contributions, for
that fiscal year; or
(B) $75,000.
(2)
Duration
The Attorney General shall award grants under this section for a period not to exceed 4 years.
(f)
Supplement not supplant
An eligible entity shall use Federal funds received under this section only to supplement the funds
that would, in
the absence of those Federal funds, be made available from other Federal
and non-Federal sources for the activities described in this section, and
not to supplant those funds.
(g)
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.
(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.
(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.
II
Law enforcement and treatment
201.
Treatment alternative to incarceration programs
(a)
Definitions
In this section—
(1) the term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization; and
(2) the term eligible participant means an individual who—
(A) comes into contact with the criminal justice system or is charged with an
offense;
(B) has a history of or a current—
(i) substance use disorder;
(ii) mental
illness; or
(iii) co-occurring mental illness and substance use disorders; and
(C) has been unanimously approved for participation in a program funded under this section by, as
applicable depending on the stage of the criminal justice process, the
relevant prosecuting attorney, defense attorney, probation or corrections
official, judge, or representative from the relevant mental health or
substance abuse agency.
(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—
(1) pre-booking treatment
alternative to incarceration programs, including—
(A) law enforcement training on substance use disorders, mental illness, and co-occurring mental
illness and substance use disorders;
(B) receiving centers as alternatives to incarceration of eligible participants;
(C) specialized response units for calls related to substance use disorders, mental illness, and
co-occurring mental illness and substance use disorders; and
(D) other arrest and pre-booking treatment alternative to incarceration models; and
(2) post-booking treatment
alternative to incarceration programs, including—
(A) specialized clinical case management;
(B) pre-trial services related to substances use disorders, mental illness, and co-occurring mental
illness and substance use disorders;
(C) prosecutor and defender based programs;
(D) specialized probation;
(E) treatment and rehabilitation programs; and
(F) drug courts, DWI courts, and veterans treatment courts.
(c)
Application
(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
(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) provide extensive evidence of collaboration with State and local government agencies overseeing
health, community corrections, courts, prosecution, substance abuse,
mental health, victims services, and employment services, and with local
law enforcement agencies;
(B) demonstrate consultation with the Single State Authority for Substance Abuse;
(C) demonstrate that evidence-based treatment practices will be utilized; and
(D) demonstrate that evidenced-based screening and assessment tools will be utilized to place
participants in the treatment alternative to incarceration program.
(d)
Requirements
Each eligible entity awarded a grant for a treatment alternative to incarceration program under
this section shall—
(1) determine the terms and conditions of participation in the program by eligible participants, taking
into consideration the collateral consequences of criminal conviction;
(2) ensure that each substance abuse and mental health treatment component is licensed and qualified by
the relevant jurisdiction;
(3) for programs described in subsection (b)(2), organize an enforcement unit comprised of
appropriately trained law enforcement professionals under the supervision
of the State,
Tribal, or local criminal justice agency involved, the duties of which
shall include—
(A) the verification of addresses and other contacts of each eligible participant who participates or
desires to participate in the program; and
(B) if necessary, the location, apprehension, arrest, and return to court of an eligible participant in
the program who has absconded from the facility of a treatment provider or
has otherwise violated the terms and conditions of the program, consistent
with Federal and State confidentiality requirements;
(4) notify the relevant criminal justice entity if any eligible participant in the program absconds
from the facility of the treatment provider or otherwise violates the
terms and conditions of the program, consistent with Federal and State
confidentiality requirements;
(5) submit periodic reports on the progress of treatment of each eligible offender participating in the
program to the relevant State, Tribal, or local criminal justice agency;
(6) describe the evidence-based methodology and outcome measurements that will be used to evaluate the
program, and specifically explain
how such measurements will provide valid measures of the impact of the
program;
and
(7) describe how the program could be broadly replicated if demonstrated to be effective.
(e)
Use of funds
An eligible entity shall use a grant received under this section for expenses of a treatment
alternative to incarceration program, including—
(1) salaries, personnel costs, equipment costs, and other costs directly related to the operation of
the program, including the enforcement unit;
(2) payments for treatment providers that are approved by the relevant State or Tribal jurisdiction and
licensed, if necessary, to provide needed treatment to eligible offenders
participating in the program, including aftercare supervision, vocational
training, education, and job placement; and
(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 to eligible offenders participating in the program.
(f)
Supplement not supplant
An eligible entity shall use Federal funds received under this section only to supplement the funds
that would, in
the absence of those Federal funds, be made available from other Federal
and non-Federal sources for the activities described in this section, and
not to supplant those funds.
(g)
Geographic distribution
The 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—
(1) each State;
(2) rural, suburban, and urban areas; and
(3) Tribal jurisdictions.
(h)
Reports and evaluations
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.
(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.
202.
Law enforcement naloxone training and implementation pilot
(a)
Definition
In this section, the term eligible entity means a State, local, or tribal law enforcement agency.
(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 create a pilot law
enforcement program to prevent opioid and heroin overdose death.
(c)
Application
(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
(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
(D) describe how law enforcement agencies will coordinate with their corresponding
State substance abuse agency 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—
(1) make naloxone available to be carried and administered by law enforcement officers;
(2) train and provide resources for law enforcement officers on carrying and administering naloxone for
the prevention of opioid and heroin overdose death; and
(3) establish processes, protocols, and mechanisms for referral to treatment.
(e)
Grant amounts and duration
(1)
Maximum amount
The Attorney General may not award a grant under this section in an amount that exceeds $500,000.
(2)
Duration
The Attorney General shall award grants under this section for a period not to exceed 2 years.
(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.
(g)
Evaluation
The Attorney General shall conduct an evaluation of grants made under this section to determine—
(1) the number of officers equipped with naloxone for the prevention of fatal opioid and heroin
overdose;
(2) the number of opioid and heroin overdoses reversed by officers receiving training and supplies of
naloxone through a grant received under this section;
(3) the number of calls for service related to opioid and heroin overdose;
(4) the extent to which overdose victims and families receive information about treatment services and
available data describing treatment admissions; and
(5) the research, training, and naloxone supply needs of law enforcement and first responder agencies,
including those agencies that are not receiving grants under this section.
(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.
203.
Prescription drug take back expansion
(a)
Definition
In this section, the term eligible entity means a State, local, or tribal law enforcement agency.
(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.
(c)
Application
(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
(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; and
(C) identify the governmental and community agencies that the project will be coordinate.
(d)
Use of funds
An eligible entity shall use a grant received under this section for—
(1) expenses of a prescription drug disposal site, including materials and resources;
(2) implementing disposal procedures and processes;
(3) implementing community education strategies, including community education materials and resources;
(4) replicating a prescription drug take back initiative throughout multiple jurisdictions; and
(5) training of law enforcement officers and other community participants.
(e)
Grant amounts and duration
(1)
Maximum amount
The Attorney General may not award a grant under this section in an amount that
exceeds $250,000.
(2)
Duration
The Attorney General shall award grants under this section for a period not to exceed 2 years.
(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.
(g)
Evaluation
(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.
(2)
Reports
Each fiscal year, the recipient of a grant under this subsection shall submit
to the Attorney General a report on the effectiveness of the prescription
drug take back program of each eligible entity receiving a grant under
this section.
(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.
III
Treatment and recovery
301.
Evidence-based opioid and heroin treatment and interventions demonstration
Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb
et seq.) is amended—
(1) by redesignating section 514 (42 U.S.C. 290bb–9), as added by section 3632 of the Methamphetamine
Anti-Proliferation Act of 2000 (Public Law 106–310; 114 Stat. 1236), as
section 514B; and
(2) by adding at the end the following:
514C.
Evidence-based opioid and heroin treatment and interventions demonstration
(a)
Grants
(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.
(2)
Recipients
The entities receiving grants under paragraph (1) shall be selected by the Director.
(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.
(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.
(c)
Additional activities
The Director shall—
(1) evaluate the activities supported by grants awarded under subsection (a);
(2) disseminate widely such significant information derived from the evaluation as the Director
considers appropriate;
(3) provide States, Indian tribes and tribal organizations, and providers with technical assistance in
connection with the
provision of treatment of problems related to heroin and other opioids;
and
(4) fund only those applications that specifically support recovery services as a critical component of
the grant program.
(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.
(e)
Authorization of appropriations
(1)
In general
There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2016
and such sums as may be necessary for each of fiscal years 2016 through
2020.
(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).
.
302.
Criminal justice medication assisted treatment and interventions demonstration
(a)
Definitions
In this section—
(1) the term criminal justice agency means a State, local, or tribal—
(A) court;
(B) prison;
(C) jail; or
(D) other agency that performs the administration of criminal justice, including prosecution, pretrial
services, and community supervision; and
(2) the term eligible entity means a State, unit of local government, or Indian tribe.
(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.
(c)
Application
(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
(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) 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
(B) describe how data will be
collected and analyzed to determine the effectiveness of the program
described in subparagraph (A).
(d)
Use of funds
An eligible entity shall use a grant received under this section for expenses of—
(1) a medication assisted treatment program, including the expenses of prescribing medications
recognized by the Food and Drug Administration for opioid treatment in
conjunction with psychological and behavioral therapy;
(2) training criminal justice agency personnel and treatment providers on medication assisted
treatment;
(3) cross-training personnel providing behavioral health and health services, administration of
medicines, and other administrative expenses, including required reports;
and
(4) the provision of recovery coaches who are responsible for providing mentorship and transition plans
to individuals reentering society following incarceration or alternatives
to incarceration.
(e)
Grant amounts and duration
(1)
Maximum amount
The Attorney General may not award a grant under this section in an amount that
exceeds $750,000.
(2)
Duration
The Attorney General shall award grants under this section for a period not to exceed 2 years.
(f)
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.
(g)
Reports
(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—
(A) the recidivism of the individuals;
(B) the treatment outcomes of the individuals, including maintaining abstinence from illegal,
unauthorized, and unprescribed opioids and heroin;
(C) the housing status of the individuals; and
(D) the employment status of the individuals.
(2)
Contents and timing
Each report described in paragraph (1) shall be submitted annually in such form, containing such
information, and on such dates as the Attorney General shall specify.
(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.
303.
National youth recovery initiative
(a)
Definitions
In this section:
(1)
Eligible entity
The term eligible entity means—
(A) a high school that has been accredited as a recovery high school by the Association of Recovery
High Schools;
(B) an accredited high school that is seeking to establish or expand recovery support services;
(C) an institution of higher education;
(D) a recovery program at a nonprofit collegiate institution; or
(E) a nonprofit organization.
(2)
Institution of higher education
The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(3)
Recovery program
The term recovery program—
(A) means a program to help individuals who are recovering from substance use disorders to initiate,
stabilize, and maintain healthy and productive lives in the community; and
(B) includes peer-to-peer support and communal activities to build recovery skills and supportive
social networks.
(b)
Grants authorized
The ONDCP Recovery Branch, in consultation with the Secretary of Education, may award grants to
eligible
entities to enable the entities to—
(1) provide substance use recovery support services to young people in high school and enrolled in
institutions of higher education;
(2) help build communities of support for young people in recovery through a spectrum of activities
such as counseling and healthy and wellness-oriented social activities;
and
(3) encourage initiatives designed to help young people achieve and sustain recovery from substance
use disorders.
(c)
Use of funds
Grants awarded under subsection (b) may be used for activities to develop, support, and maintain
youth recovery support services, including—
(1) the development and maintenance of a dedicated physical space for recovery programs;
(2) dedicated staff for the provision of recovery programs;
(3) healthy and wellness-oriented social activities and community engagement;
(4) establishment of recovery high schools;
(5) coordination of recovery programs with—
(A) substance use disorder treatment programs and systems;
(B) primary care providers;
(C) the criminal justice system, including the juvenile justice system;
(D) employers;
(E) housing services;
(F) child welfare services;
(G) institutions of secondary higher education and institutions of higher education; and
(H) other programs or services related to the welfare of an individual in recovery from a substance use
disorder;
(6) the development of peer-to-peer support programs or services; and
(7) additional activities that help youths and young adults to achieve recovery from substance use
disorders.
(d)
Resource center
The ONDCP Recovery Branch shall establish a resource center to provide technical support to
recipients of grants under this section.
(e)
Authorization of appropriations
There are authorized to be appropriated to carry out this section $3,000,000 for fiscal year
2016 and each of the 5 succeeding fiscal years.
304.
Building communities of recovery
(a)
Definition
In this section, the term recovery community organization means an independent nonprofit organization that—
(1) mobilizes resources within and outside of the recovery community to increase the prevalence and
quality of long-term recovery from substance use disorders; and
(2) is wholly or principally governed by people in recovery for substance use disorders who reflect the
community served.
(b)
Grants authorized
The ONDCP Recovery Branch, in consultation with the Substance Abuse and Mental Health Services
Administration, may award grants to recovery community organizations to
enable such organizations to develop, expand, and enhance
recovery services.
(c)
Maximum grant amount
The ONDCP Recovery Branch may not award a grant under this section in an amount that exceeds
$200,000.
(d)
Federal share
The Federal share of the costs of a program funded by a grant under this section may not exceed 50
percent.
(e)
Use of funds
Grants awarded under subsection (b)—
(1) shall be used to develop, expand, and enhance community and statewide recovery support services;
and
(2) may be used to—
(A) advocate for individuals in recovery from substance use disorders;
(B) build connections between recovery networks, between recovery community organizations, and with
other
recovery support services, including—
(i) substance use disorder treatment programs and systems;
(ii) primary care providers;
(iii) the criminal justice system;
(iv) employers;
(v) housing services;
(vi) child welfare agencies; and
(vii) other recovery support services that facilitate recovery from substance use disorders;
(C) reduce the stigma associated with substance use disorders;
(D) conduct public education and outreach on issues relating to substance use disorders and recovery,
including—
(i) how to identify the signs of addiction;
(ii) the resources that are available for individuals struggling with addiction;
(iii) the resources that are available to help support individuals in recovery; and
(iv) information on the medical consequences of substance use disorders, including neonatal abstinence
syndrome and potential infection with human immunodeficiency virus and
viral hepatitis; and
(E) carry out other activities that strengthen the network of community support for individuals in
recovery.
(f)
Resource center
The ONDCP Recovery Branch shall establish a resource center to
provide technical assistance to recipients of grants under this section
and to provide information to individuals seeking to support people in
recovery from substance use disorders.
(g)
Authorization of appropriations
There are authorized to be appropriated to carry out this section $50,700,000 in fiscal year
2016
and each of the 3 succeeding fiscal years.
IV
Addressing collateral consequences
401.
Correctional education
demonstration grant program
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended—
(1) by redesignating part KK as part LL; and
(2) by inserting before part LL, as redesignated, the following:
KK
Correctional education demonstration grant program
3001.
Correctional education demonstration grant program
(a)
Definition
In this section, the term eligible entity means a State, unit of local government, nonprofit organization, or Indian Tribe.
(b)
Grant program authorized
The Attorney General may make grants 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—
(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;
(2) screening and assessment of inmates to assess education level, needs, occupational interest or
aptitude, risk level, and other needs, and case management services;
(3) hiring and training of instructors and aides, reimbursement of non-corrections staff and experts,
reimbursement of stipends paid to inmate tutors or aides, and the costs
of training inmate tutors and aides;
(4) instructional supplies and equipment, including occupational program supplies and equipment to the
extent that the supplies and equipment are used for instructional
purposes;
(5) partnerships and agreements with community colleges, universities, and career technology education
program providers, including tuition payments;
(6) certification programs providing recognized high school equivalency certificates and industry
recognized credentials; and
(7) technology solutions to—
(A) meet the instructional, assessment, and information needs of correctional
populations; and
(B) facilitate the continued participation of incarcerated
students in community-based education programs after the students are
released from incarceration.
(c)
Application
An eligible entity 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.
(d)
Priority considerations
In awarding grants under this section, the Attorney General shall give priority to applicants that—
(1) assess the level of risk and need of inmates, including by—
(A) assessing the need for English as a second language instruction;
(B) conducting educational assessments; and
(C) assessing occupational interests and aptitudes;
(2) target educational services to assessed needs, including academic and occupational at the basic,
secondary, or post-secondary level;
(3) target career technology education programs to—
(A) areas of identified occupational demand; and
(B) employment opportunities in the communities in which students are
reasonably expected to reside post-release;
(4) include a range of appropriate educational opportunities at the basic,
secondary, and post-secondary
levels;
(5) include opportunities for students to attain industry recognized credentials;
(6) include partnership or articulation agreements linking institutional education programs with
community sited programs provided by adult education program providers and
accredited institutions of higher education, community colleges, and
vocational training institutions; and
(7) explicitly include career pathways models offering opportunities for incarcerated students to
develop academic skills, in-demand occupational skills and credentials,
occupational experience in institutional work programs or work release
programs, and linkages with employers in the community, so that
incarcerated students have opportunities to embark on careers with strong
prospects for both post-release employment and advancement in a career
ladder over time.
(e)
Requirements
An eligible entity desiring a grant under this section shall—
(1) describe the evidence-based methodology and outcome measurements that will be used to evaluate each
program funded with a grant under this section, and specifically explain
how such measurements will provide valid measures of the impact of the
program;
and
(2) describe how the program described in paragraph (1) could be broadly replicated if demonstrated to
be effective.
(f)
Control of Internet access
An entity that receives a grant under this section shall restrict access to the Internet by
prisoners, as appropriate, to ensure public safety.
3002.
Authorization of appropriations
There are authorized to be appropriated $5,000,000 to carry out this part for fiscal years 2016
through 2020.
.
402.
Revision of FAFSA form
Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end
the following:
(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)).
.
403.
National Task Force on Recovery and Collateral Consequences
(a)
Definition
In this section, the term collateral consequence means a penalty, disability, or disadvantage—
(1) imposed on an individual as a result of a criminal conviction but not as part of the judgment of
the court that imposes the conviction;
or
(2) that an administrative agency, official, or civil court is authorized, but not required, to impose
on an individual convicted of a felony, misdemeanor, or other criminal
offense.
(b)
Establishment
(1)
In general
Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human
Services
(in this section referred to as the Secretary) shall establish a bipartisan task force to be known as the Task Force on Recovery and Collateral
Consequences (in this section referred to as the Task Force).
(2)
Membership
(A)
Total number of members
The Task Force shall include 9 members, who shall be appointed by the Secretary in accordance with
subparagraphs (B) and (C).
(B)
Members of the Task Force
The Task Force shall include—
(i) members who have national recognition and significant expertise in areas such as health care,
housing, employment, substance use disorder, law enforcement, and law;
(ii) not less than 1 member who has personally experienced addiction and is in recovery; and
(iii) to the extent practicable, members who formerly served as elected officials at the State and
Federal levels.
(C)
Timing
The Secretary shall appoint the members of the Task Force not later than 60 days after date on
which the Task
Force is established under paragraph (1).
(3)
Chairperson
The Task Force shall select a chairperson or co-chairpersons from among the members of the Task
Force.
(c)
Duties of the Task Force
(1)
In general
The Task Force shall—
(A) identify collateral consequences for individuals with Federal or State drug convictions who are in
recovery for substance use disorder; and
(B) determine whether the collateral consequences identified under subparagraph (A) unnecessarily delay
individuals in recovery from resuming their personal and professional
activities.
(2)
Recommendations
Not later than 180 days after the date of the first meeting of the Task Force, the Task Force shall
develop recommendations for
proposed legislative and regulatory changes to reduce and, to the extent
practicable, eliminate the collateral consequences identified by the Task
Force under paragraph (1).
(3)
Collection of information
The Task Force shall hold hearings, require the testimony and attendance of witnesses, and secure
information from any department or agency of the United States in
performing the duties under paragraphs (1) and (2).
(4)
Report
Not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall
submit a
report detailing the findings and recommendations of the Task Force to—
(A) each relevant committee of Congress;
(B) the head of each relevant department or agency of the United States;
(C) the President; and
(D) the Vice President.
V
Addiction and treatment services for women, families, and veterans
501.
Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting
female offenders
(a)
Definitions
In this section—
(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 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.); and
(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.).
(b)
Purpose and program authority
(1)
Grant authorization
The Attorney General 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.
(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.
(c)
Applications
(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.
(2)
Contents
(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.
(B)
Plan
A plan submitted under subparagraph (A) shall, at a minimum, include—
(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;
(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;
(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;
(iv) a certification that funds received under this section will be used to supplement, not supplant,
other Federal, State, and local funds; and
(v) a description of clinically appropriate practices and procedures to—
(I) screen and assess pregnant and parenting female offenders for problems associated with opioids and
heroin;
(II) 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
(III) 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.
(d)
Period of grant; renewal
(1)
Period
A grant under this section shall be for a period of 3 years.
(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.
(e)
Performance accountability; reports
(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.
(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.
(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—
(1) to
implement this section; and
(2) for effectively working across the Federal and State criminal
and substance abuse systems.
(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.
502.
Grants for family-based substance abuse treatment
Section 2925 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s–4) is
amended—
(1) by striking An entity and inserting (a) Entity Reports.—An entity; and
(2) by adding at the end the following:
(b)
Attorney general report on family-Based substance abuse treatment
The Attorney General shall submit to Congress an annual report that describes the number of grants
awarded under section 2921(1) and how such grants are used by the
recipients for family-based substance
abuse treatment programs that serve as alternatives to incarceration for
custodial parents to receive treatment and services as a family.
.
503.
Veterans' treatment courts
Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is
amended—
(1) by redesignating subsection (i) as subsection (j);
(2) by inserting after subsection (h) the following:
(i)
Assisting veterans
(1)
Definitions
In this subsection:
(A)
Peer to peer services or programs
The term peer to peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of
providing support and mentorship to assist qualified veterans in obtaining
treatment, recovery, stabilization, or rehabilitation.
(B)
Qualified veteran
The term qualified veteran means a preliminarily qualified offender who—
(i) has served on active duty in any branch of the Armed Forces, including the National Guard and
reserve components; and
(ii) was discharged or released from such service under conditions other than dishonorable.
(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—
(i) intensive judicial supervision and case management, which may include random and frequent drug
testing where appropriate;
(ii) a full continuum of treatment services, including mental health services, substance abuse services,
medical services, and services to address trauma;
(iii) alternatives to incarceration; and
(iv) other appropriate services, including housing, transportation, mentoring, employment, job
training, education, and assistance in applying for and
obtaining available benefits.
(2)
Veterans assistance program
(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—
(i) veterans treatment court programs;
(ii) peer to peer services or programs for qualified veterans;
(iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other
appropriate services to qualified veterans who have been incarcerated; and
(iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and
substance abuse personnel how to identify and appropriately respond to
incidents involving qualified veterans.
(B)
Priority
In awarding grants under this subsection, the Attorney General shall give priority to applications
that—
(i) demonstrate collaboration between and joint investments by criminal justice, mental health,
substance abuse, and veterans service agencies;
(ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and
public safety; and
(iii) propose interventions with empirical support to improve outcomes for qualified veterans.
; and
(3) in subsection (j), as so redesignated—
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following:
(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).
.
VI
Incentivizing State comprehensive initiatives to address opioid and heroin abuse
601.
State demonstration grants for comprehensive opioid abuse response
(a)
Definitions
In this section—
(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;
(2) the term dispenser has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802);
(3) the term prescriber of a schedule II, III, or IV controlled substance does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the
substance—
(A) for use on the premises on which the substance is dispensed;
(B) in a hospital emergency room, when the substance is in short supply;
(C) for a certified opioid treatment program; or
(D) in other situations as the Attorney General may reasonably determine;
(4) the term prescriber means a dispenser who prescribes a controlled substance, or the agent of such a dispenser; and
(5) the term schedule II, III, or IV controlled substance means a controlled substance that is listed on schedule II, schedule III, or schedule IV of
section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
(b)
Planning and implementation grants
(1)
In general
The Attorney General, in coordination with the Secretary of Health and Human Services and the
Director of the Office of National Drug Control Policy, may award grants
to States, and combinations thereof, to prepare a comprehensive plan
for and implement an integrated opioid abuse response initiative.
(2)
Purposes
A State receiving a grant under this section shall establish a comprehensive response to opioid
abuse, which shall include—
(A) prevention and education efforts around heroin and opioid use, treatment, and recovery;
(B) a comprehensive prescription
drug monitoring program to track dispensing of schedule II, III, or IV
controlled substances, which shall include—
(i) data sharing with other States by statute, regulation, or interstate agreement;
(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;
(C) developing, implementing, or expanding the prescription drug and opioid addiction treatment
program of the State by—
(i) expanding programs for medication assisted treatment of prescription drug and opioid addiction,
including training for treatment and recovery support providers;
(ii) developing, implementing, or expanding programs for behavioral health therapy for individuals who
are in
treatment for prescription drug and opioid addiction, including
contingency management, cognitive behavioral therapy, and motivational
enhancements; or
(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; and
(D) developing, implementing, and expanding programs to prevent overdose death of prescription
medications and
opioids.
(3)
Planning grant applications
(A)
Application
(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.
(ii)
Requirements
An application for
a planning grant under this section shall, at a minimum, include—
(I) a budget and a budget
justification for the activities to be carried out using the grant;
(II) a description of the activities proposed to be carried out using the grant, including a schedule
for completion of such
activities;
(III) outcome measures that will be used to
measure the effectiveness of the programs and initiatives to address
opioids; and
(IV) a description of the personnel necessary to complete such activities.
(B)
Period; nonrenewability
A planning grant under this section shall be for a period of 1 year. A State may not receive more
than 1
planning grant under this section.
(C)
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.
(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.
(4)
Implementation grants
(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.
(B)
Use of funds
A State that receives an implementation grant under this section shall use the grant for the cost
of carrying out an integrated opioid abuse
response program in accordance with this section, including for technical
assistance, training, and
administrative expenses.
(C)
Requirements
An integrated opioid abuse response program carried out using an implementation grant under this
section shall—
(i) ensure that each prescriber of a schedule II, III, or IV controlled substance in the State—
(I) registers with the prescription drug monitoring program of the State; and
(II) consults the prescription drug monitoring program database of the State before prescribing a
schedule II, III, or IV controlled substance;
(ii) ensure that each dispenser of a schedule II, III, or IV controlled substance in the State—
(I) registers with the prescription drug monitoring program of the State;
(II) consults the prescription drug monitoring program database of the State before dispensing a
schedule II, III, or IV controlled substance; and
(III) reports to the prescription drug monitoring program of the State, at a minimum, each instance in
which a schedule II, III, or IV controlled substance is dispensed, with
limited exceptions, as defined by the State, which shall indicate the
prescriber by name and National Provider Identifier;
(iii) require that, not fewer than 4 times each year, the State agency or agencies that administer the
prescription drug monitoring program of the State prepare and provide to
each prescriber of a schedule II, III, or IV controlled substance an
informational report that shows how the prescribing patterns of the
prescriber compare to prescribing practices of the peers of the prescriber
and
expected norms;
(iv) if informational reports provided to a prescriber under clause (iii) indicate that the prescriber
is repeatedly falling outside of expected norms, direct the prescriber to
educational resources on appropriate prescribing of controlled substances;
(v) ensure that the prescriber licensing board of the
State receives a report describing any prescribers that repeatedly fall
outside of expected norms, as described in clause (iii);
(vi) require consultation with the Single State Authority for Substance Abuse; and
(vii) establish requirements for how data will be collected and analyzed to determine the effectiveness
of the program.
(D)
Period
An implementation grant under this section shall be for a period of 2 years.
(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.
(5)
Priority considerations
In awarding planning and implementation grants under this section, the Attorney General shall give
priority to a State that—
(A) provides civil liability protection for first responders, health professionals, and family members
administering naloxone to counteract opioid overdoses by—
(i) enacting legislation that provides such civil liability protection; or
(ii) providing a certification by the attorney general of the State that the attorney general has—
(I) reviewed any applicable civil liability protection law to determine the applicability of the law
with respect to first responders, health care professionals, family
members, and other individuals who may administer naloxone to individuals
reasonably believed to be suffering from opioid overdose; and
(II) concluded that the law described in subclause (I) provides adequate civil liability protection
applicable to such persons;
(B) 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;
(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;
(D) ensures the capability of data sharing with other States, such as by making data available to a
prescription monitoring hub;
(E) ensures that data recorded in the prescription drug monitoring program database of the State is
available within 24 hours, to the extent possible; and
(F) ensures that the prescription drug monitoring program of the State notifies prescribers and
dispensers of schedule II, III, or IV controlled substances when overuse
or misuse of such controlled substances by patients is suspected.
(c)
Authorization of appropriations
There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal
years 2016 through 2020.