S.Amdt. 3379Senate114th Congress (2015-2017)
S.Amdt. 3379
Sponsored by
Sen. Tammy Baldwin (D-WI)
Submitted March 1, 2016
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Senate amendment submitted
March 1, 2016
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Senate amendment submitted
March 1, 2016
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Senate amendment submitted
March 1, 2016
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Submitted
SA 3379. Ms. BALDWIN (for herself, Mr. Markey, and Mr. Menendez) submitted an amendment intended to be proposed by her to the bill S. 524, to authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. FUNDING FOR OPIOID AND HEROIN ABUSE PREVENTION AND TREATMENT. (a) Short Title.--This section may be cited as the ``Opioid and Heroin Abuse Crisis Investment Act''. (b) Funding.--There are authorized to be appropriated, and are appropriated, out of monies in the Treasury not otherwise obligated, $1,164,600,000 for the period of fiscal years 2017 and 2018, to improve opioid prescribing practices to reduce opioid use disorders and overdose, to be made available in accordance with this section. (c) State Targeted Response Cooperative Agreements.-- Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after section 509 the following: ``SEC. 510. STATE TARGETED RESPONSE COOPERATIVE AGREEMENTS. ``(a) In General.--The Secretary shall enter into additional targeted response cooperative agreements with States under this title to expand opioid treatment capacity and make services more affordable to those who cannot afford such services. ``(b) Awarding of Funding.--The Secretary shall allocate funding to States under this section based on-- ``(1) the severity of the opioid epidemic in the State; and ``(2) the strength of the strategy of the State to respond to such epidemic. ``(c) Use of Funds.--Amounts received by a State under this section shall be used to expand treatment capacity and make services more affordable to those who cannot afford such services and to help individuals seek treatment, successfully complete treatment, and sustain recovery. ``(d) Funding.--From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this section, $460,000,000 for each of fiscal years 2017 and 2018.''. (d) Treatment for Prescription Drug Abuse and Heroin Use.-- Section 331(b) of the Public Health Service Act (42 U.S.C. 254d(b)) is amended by adding at the end the following: ``(3)(A) The Secretary shall use amounts made available under subparagraph (B) to [[Page S1164]] support enhanced loan repayment awards to increase the number of clinicians in the Corps with medication assisted treatment training to treat individuals with opioid use disorders through loan repayments to clinicians. ``(B) From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this paragraph, $25,000,000 for each of fiscal years 2017 and 2018.''. (e) Evaluation of Medication-assisted Treatment.--Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after section 510, as added by subsection (c)) the following: ``SEC. 511. EVALUATION OF MEDICATION-ASSISTED TREATMENT. ``(a) In General.--In order to assess the treatment outcomes of patients with opioid addiction receiving medication-assisted treatment, the Secretary shall evaluate the short, medium, and long-term outcomes of such substance abuse treatment programs in order to increase effectiveness in reducing opioid use disorders, overdose, and death. ``(b) Funding.--From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this section, $15,000,000 for each of fiscal years 2017 and 2018.''. (f) Medication-assisted Treatment for Prescription Drug and Opioid Addiction.--Section 509 of the Public Health Service Act (42 U.S.C. 290bb-2) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e), the following: ``(f) Medication-assisted Treatment for Prescription Drug and Opioid Addiction.-- ``(1) In general.--In carrying out this section, the Secretary shall use amounts made available under paragraph (3) to award grants to States to expand or enhance medication assisted treatment utilizing medications approved by the Food and Drug Administration in combination with psychosocial services, recovery support services, and coordination with HIV or hepatitis C direct services. ``(2) Funding.--From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this subsection, $50,100,000 for fiscal year 2017.''. (g) Buprenorphine-prescribing Authority Demonstration.-- (1) In general.--To increase the availability of medication-assisted treatment services for prescription drug and opioid addiction, the Secretary of Health and Human Services shall use amounts made available under paragraph (3) to establish a demonstration project to test the safety and effectiveness of allowing the prescribing of buprenorphine by non-physician advance practice providers in accordance with the providers' prescribing authority under applicable State law. (2) Targeting.--In carrying out the demonstration project under paragraph (1), the Secretary of Health and Human Services shall target populations and geographic areas that are most affected by both high-need and limited access to physicians authorized to prescribe buprenorphine. (3) Funding.--From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this subsection, $10,000,000 for fiscal year 2017. (4) Demonstration project.-- (A) In general.--Notwithstanding subparagraph (B)(i) of section 303(g)(2) of the Controlled Substances Act (21 U.S.C. 823(g)(2)(B)(i)), the Secretary of Health and Human Services may, using amounts made available in this Act to carry out title V of the Public Health Service Act, establish and carry out a demonstration project through fiscal year 2021 in which, for purposes of prescribing buprenorphine under such section 303(g)(2), the term ``practitioner'' shall be deemed to include non-physician providers authorized to prescribe buprenorphine by the jurisdiction in which the provider is licensed and who meet such criteria as determined appropriate by the Secretary, in consultation with the Attorney General, for participation in the project. (B) Limitation.--In implementing the demonstration project under subparagraph (A), the Secretary of Health and Human Services and the Attorney General shall not be subject to the requirements of section 553 of title 5, United States Code. (C) Grants.--The Secretary of Health and Human Services may enter into grants, contracts, or cooperative agreements with one or more research institutions, and public and nonprofit entities to assist in carrying out the demonstration project under subparagraph (A). Amounts available for fiscal year 2016 to the Attorney General for carrying out such section 303 of the Controlled Substances Act shall also be available to the Attorney General to facilitate and support the efficient operation of the demonstration project under this paragraph. (D) Termination of authority.--Any authority provided under this paragraph for a provider to prescribe buprenorphine shall end not later than the date on which such provider ceases to participate in the demonstration project under this paragraph. (h) Dissemination of Guidelines for Preventing Prescription Drug Overdose.--Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following: ``(n) Dissemination of Guidelines for Preventing Prescription Drug Overdose.-- ``(1) In general.--The Director of the Centers for Disease Control and Prevention shall disseminate guidelines to improve opioid prescribing practices to reduce opioid use disorders and overdose. ``(2) Use of funds.--In carrying out this subsection, the Director of the Centers for Disease Control and Prevention shall use amounts made available under paragraph (3) to-- ``(A) pilot test, evaluate, and adapt comprehensive tools and dissemination strategies to convey opioid prescribing guidelines of the Centers for Disease Control and Prevention in succinct, usable formats accessible to health care providers; ``(B) develop, evaluate, and publicly disseminate clinical decision support tools derived from the opioid prescribing guidelines of the Centers for Disease Control and Prevention; ``(C) establish training modules in partnership with professional societies and health systems, including online modules available for continuing medical education credits and maintenance of certification; and ``(D) coordinate with Office of the National Coordinator for Health Information Technology to ensure that guidelines developed under this subsection are effectively disseminated and translated into clinical support tools for integration into clinical workflow. ``(3) Funding.--From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this subsection, $10,000,000 for fiscal year 2017.''. (i) Rural Opioid Overdose Reversal Grant Program.--Section 330A of the Public Health Service Act (42 U.S.C. 254c) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i), the following: ``(j) Rural Opioid Overdose Reversal Grant Program.-- ``(1) In general.--The Director may award grants to eligible entities to implement activities for the prevention, intervention, and treatment of opioid misuse and overdose. ``(2) Eligibility.--To be eligible to receive a grant under this subsection, an entity-- ``(A) shall be a rural public or rural nonprofit private entity; and ``(B) shall represent a network composed of participants-- ``(i) that include 3 or more health care providers; and ``(ii) that may be nonprofit or for-profit entities. ``(3) Use of funds.--Amounts awarded under a grant under this subsection shall be used-- ``(A) to provide opioid misuse education and prevention services; ``(B) to provide training to licensed health care professionals and first responders in the recognition of the signs of opioid overdose and learn the appropriate way to administer naloxone; ``(C) to provide appropriate transportation services to a hospital or clinic for continued care after administration; ``(D) to refer those individuals with a drug dependency to an appropriate substance use disorder treatment centers where care coordination is provided by a team of providers; and ``(E) to purchase naloxone and opioid overdose reversal devices. ``(4) Funding.--From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this subsection, $10,000,000 for fiscal year 2017.''. (j) Prescription Drug Overdose Initiative.--Section 3001(c) of the Public Health Service Act (42 U.S.C. 300jj-11(c)) is amended by adding at the end the following: ``(9) Prescription drug overdose initiative.-- ``(A) In general.--The Secretary, acting through the National Coordinator, shall use amounts made available under subparagraph (B) to expand efforts to harmonize technical standards to support prescription drug monitoring programs and health information technology interoperability. ``(B) Funding.--From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this subsection, $5,000,000 for fiscal year 2017.''. (k) Bureau of Prisons Treatment Programs.--Section 4042 of title 18, United States Code, is amended by adding at the end the following: ``(e) Treatment Programs.-- ``(1) In general.--The Director of the Bureau of Prisons shall use amounts made available under paragraph (2) to support drug treatment programs within the Bureau of Prisons, including expanding the medication-assisted treatment pilot. ``(2) Funding.--From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this subsection, $3,000,000 for fiscal year 2017.''. (l) Second Chance Act of 2007.--Section 201 of the Second Chance Act of 2007 (42 U.S.C. 17521) is amended-- (1) by redesignating subsection (f) as subsection (g); and [[Page S1165]] (2) by inserting after subsection (e), the following: ``(f) Community Reintegration.-- ``(1) In general.--The Attorney General shall use amounts made available under paragraph (2) to carry out activities to reduce recidivism and increase public safety by helping justice-involved individuals successfully reintegrate into the community, including by carrying out activities including providing treatment for co-occurring disorders and providing family-based substance abuse treatment. ``(2) Funding.--From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this subsection, $50,000,000 for fiscal year 2017.''. (m) Residential Substance Abuse Treatment.--Section 503 of the Controlled Substances Act (21 U.S.C. 873) is amended by adding at the end the following: ``(e)(1) In carrying out this section, the Attorney General may use amounts made available under paragraph (2) to provide support for State, local, and tribal governments in the development of residential and aftercare services for substance-involved inmates. ``(2) From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this subsection, $14,000,000 for fiscal year 2017.''. (n) Heroin Enforcement Groups.--Part E of the Controlled Substances Act (21 U.S.C. 871 et seq.) is amended by adding at the end the following: ``SEC. 521. HEROIN ENFORCEMENT GROUPS. ``(a) In General.--The Attorney General shall use amounts made available under subsection (b) to establish new heroin enforcement groups with the Drug Enforcement Administration to target, disrupt, and dismantle heroin trafficking organizations. ``(b) Funding.--From amounts appropriated under subsection (b) of the Opioid and Heroin Abuse Crisis Investment Act, there shall be made available to carry out this section, $12,500,000 for fiscal year 2017.''. (o) Emergency Designations.-- (1) In general.--This section is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As- You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. ______