STOP Fentanyl Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2366 To establish programs to address addiction and overdoses caused by illicit fentanyl and other opioids, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 5, 2021 Ms. KUSTER (for herself and Ms. BLUNT ROCHESTER) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish programs to address addiction and overdoses caused by illicit fentanyl and other opioids, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Support, Treatment, and Overdose Prevention of 5 Fentanyl Act of 2021’’ or the ‘‘STOP Fentanyl Act of 6 2021’’. 7 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2366 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. TITLE I—FENTANYL RESEARCH AND EDUCATION Sec. 101. Enhanced fentanyl surveillance. Sec. 102. Collection of overdose data. Sec. 103. Fentanyl detection. Sec. 104. GAO report on international mail and cargo screening. Sec. 105. Contingency management program. TITLE II—OVERDOSE PREVENTION AND SUBSTANCE USE DISORDER TREATMENT PROGRAMS Sec. 201. NAM report on overdose prevention centers. Sec. 202. Naloxone. Sec. 203. Good Samaritan immunity. Sec. 204. Medication-assisted treatment. Sec. 205. Telehealth for substance use disorder treatment. Sec. 206. Grant program on harms of drug misuse. Sec. 207. Opioid treatment education. TITLE III—PUBLIC HEALTH DATA AND TRAINING SUPPORT FOR FENTANYL DETECTION Sec. 301. Public health support for law enforcement. Sec. 302. Report on countries that produce synthetic drugs. Sec. 303. Grants to improve public health surveillance in forensic laboratories. SEC. 2. DEFINITIONS. 3 In this Act, except as otherwise provided: 4 (1) The term ‘‘Assistant Secretary’’ means the 5 Assistant Secretary for Mental Health and Sub- 6 stance Use. 7 (2) The term ‘‘Secretary’’ means the Secretary 8 of Health and Human Services. 9 (3) The term ‘‘fentanyl-related substance’’ has 10 the meaning given the term in section 11 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2366 IH 1308.11(h)(30)(i) of title 21, Code of Federal Regu- 1 lations (or successor regulations). 2 SEC. 3. FINDINGS. 3 Congress finds the following: 4 (1) The opioid epidemic has led to a rise in 5 overdose deaths across the Nation. 6 (2) In 2017, the number of overdose deaths in- 7 volving opioids, including fentanyl, was six times 8 higher than in 1999. 9 (3) The age-adjusted rate of drug overdose 10 deaths involving synthetic opioids other than metha- 11 done increased by 10 percent from 2017 to 2018. 12 (4) The COVID–19 pandemic has been associ- 13 ated with substance use. According to the Centers 14 for Disease Control and Prevention (CDC), 13 per- 15 cent of surveyed adults had started or increased sub- 16 stance use to cope with stress or emotions related to 17 COVID–19. 18 (5) Federal agencies, along with Federal, State, 19 and local lawmakers, have worked together to re- 20 spond to the rise in overdose deaths through in- 21 creased funding and targeted policy initiatives. 22 (6) This includes the successful passage of the 23 Comprehensive Addiction and Recovery Act of 2016 24 (CARA), the 21st Century Cures Act, and the Sub- 25 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2366 IH stance Use-Disorder Prevention that Promotes 1 Opioid Recovery and Treatment for Patients and 2 Communities Act (SUPPORT for Patient and Com- 3 munities Act). 4 (7) These efforts have helped prevent, treat, 5 and combat the opioid epidemic, but the rise in over- 6 dose deaths involving synthetic opioids like fentanyl 7 means that not all communities are seeing a reduc- 8 tion in fatalities. 9 (8) Drug overdose deaths in the United States 10 involving fentanyl have risen from 2011 through 11 2016, growing from 1,600 fentanyl overdose related 12 deaths in 2011 and 2012 to 18,000 deaths in 2016. 13 (9) This rise in fentanyl overdose related deaths 14 has disproportionately impacted communities of 15 color. 16 (10) According to the Centers for Disease Con- 17 trol and Prevention (CDC), drug overdose death 18 rates involving fentanyl for non-Hispanic African 19 Americans had the largest annual percentage in- 20 crease from 2011 to 2016 at 140.6 percent per year, 21 followed by Hispanic persons at 118.3 percent per 22 year. Fentanyl-involved overdose rates for non-His- 23 panic White persons increased by 108.8 percent 24 from 2013 to 2016. 25 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2366 IH (11) According to the CDC, rates of drug over- 1 dose deaths involving fentanyl increased exponen- 2 tially from 2011 through 2016 for most regions of 3 the United States. 4 (12) Fentanyl is increasingly being identified in 5 nonopioid substances, like methamphetamine and co- 6 caine. 7 (13) By 2017, over half of heroin and cocaine 8 overdose death records involved synthetic opioids. 9 (14) Previous policies to counter the widespread 10 use of illicit substances through tougher sentencing 11 guidelines disproportionately impact communities of 12 color. 13 (15) There is a growing need for a comprehen- 14 sive plan focused on monitoring, researching, treat- 15 ing, and preventing fentanyl overdose deaths. 16 (16) Taking a public health approach to revers- 17 ing overdose death trends and promoting equity 18 should emphasize increasing research and expanding 19 access to treatment. 20 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2366 IH TITLE I—FENTANYL RESEARCH 1 AND EDUCATION 2 SEC. 101. ENHANCED FENTANYL SURVEILLANCE. 3 (a) IN GENERAL.—The Director of the Centers for 4 Disease Control and Prevention shall enhance the drug 5 surveillance program of the Centers by— 6 (1) expanding such surveillance program to in- 7 clude all 50 States, the territories of the United 8 States, and all Tribes and Tribal organizations; 9 (2) increasing and accelerating the collection of 10 data on fentanyl, fentanyl-related substances, other 11 synthetic opioids, and new emerging drugs of abuse, 12 including related overdose data from medical exam- 13 iners and drug treatment admissions and informa- 14 tion regarding drug seizures; and 15 (3) utilizing available and emerging information 16 on fentanyl, fentanyl-related substances, other syn- 17 thetic opioids, and new emerging drugs of abuse, in- 18 cluding information from— 19 (A) the National Drug Early Warning Sys- 20 tem; 21 (B) State and local public health authori- 22 ties; 23 (C) Federal, State, and local public health 24 laboratories; and 25 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2366 IH (D) drug seizures by Federal, State, and 1 local law enforcement agencies, including infor- 2 mation from the National Seizure System and 3 the National Forensic Laboratory Information 4 System of the Drug Enforcement Administra- 5 tion. 6 (b) INFORMATION SHARING.—The Director of the 7 Centers for Disease Control and Prevention shall share 8 the information collected through the drug surveillance 9 program of the Centers with entities including the Office 10 of National Drug Control Policy, State and local public 11 health agencies, and Federal, State, and local law enforce- 12 ment agencies. 13 (c) LAW ENFORCEMENT REPORTING.—Each Federal 14 law enforcement agency shall report information on all 15 drug seizures by that agency to the Drug Enforcement 16 Administration for inclusion in the National Seizure Sys- 17 tem. 18 (d) GAO REPORT.—Not later than 2 years after the 19 date of enactment of this Act, the Comptroller General 20 of the United States shall— 21 (1) publish a report analyzing how Federal 22 agencies can improve their collection, reporting, 23 sharing, and analytic use of drug seizure data across 24 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2366 IH Federal agencies and with State and local govern- 1 ments; and 2 (2) include in such report an analysis of how 3 well available data on drug seizures can measure 4 progress toward reducing drug trafficking into and 5 within the country, as outlined in strategies such as 6 the National Drug Control Strategy of the Office of 7 National Drug Control Policy. 8 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 9 out this section, there is authorized to be appropriated 10 $125,000,000 for each of fiscal years 2022 through 2026. 11 SEC. 102. COLLECTION OF OVERDOSE DATA. 12 (a) IN GENERAL.—Not later than one year after the 13 date of enactment of this Act, the Secretary shall conduct 14 a study on how to most efficiently track overdoses by type 15 of drug, including fentanyl. 16 (b) GRANT PROGRAM.— 17 (1) IN GENERAL.—Upon completion of the 18 study under subsection (a), and taking into consider- 19 ation the results of such study, the Secretary shall 20 award grants to States to facilitate the collection of 21 data with respect to fentanyl-involved overdoses. 22 (2) REQUIREMENT.—As a condition on receipt 23 of a grant under this subsection, an applicant shall 24 agree to share the data collected pursuant to the 25 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2366 IH grant with the Centers for Disease Control and Pre- 1 vention. 2 (3) PREFERENCE.—In awarding grants under 3 this subsection, the Secretary shall give preference 4 to applicants whose grant proposals demonstrate the 5 greatest need for collecting timely and accurate data 6 on overdoses. 7 SEC. 103. FENTANYL DETECTION. 8 (a) TESTING OF CONTAMINANTS.— 9 (1) IN GENERAL.—The Secretary, acting 10 through the Assistant Secretary and in coordination 11 with the Director of the Centers for Disease Control 12 and Prevention, shall establish a pilot program 13 through which 5 entities, in 5 States representing 14 diverse regions, use chemical screening devices to 15 identify contaminants, including fentanyl and 16 fentanyl-related substances, in illicit street drugs. 17 (2) EVALUATION.—Not later than the end of 18 fiscal year 2025, the Secretary shall— 19 (A) complete an evaluation of the most ef- 20 fective ways of expanding the pilot program 21 under this subsection to decrease rates of over- 22 dose; and 23 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2366 IH (B) submit a report to the appropriate 1 congressional committees on the results of such 2 evaluation. 3 (3) DEFINITION.— In this subsection, the term 4 ‘‘chemical screening device’’ means an infrared spec- 5 trophotometer, mass spectrometer, nuclear magnetic 6 resonance spectrometer, Raman spectrophotometer, 7 ion mobility spectrometer, or any other device or 8 other technology that is able to determine the pres- 9 ence of, or identify, one or more contaminants in il- 10 legal street drugs. 11 (4) AUTHORIZATION OF APPROPRIATIONS.—To 12 carry out this subsection, there is authorized to be 13 appropriated $5,000,000 for each of fiscal years 14 2022 through 2026. 15 (b) RESEARCH INTO TECHNOLOGIES.— 16 (1) IN GENERAL.—The Secretary shall conduct 17 or support research for the development or improve- 18 ment of portable and affordable technologies related 19 to testing drugs for fentanyl and fentanyl-related 20 substances, including chemical screening device 21 methods. 22 (2) AUTHORIZATION OF APPROPRIATIONS.—To 23 carry out this subsection, there is authorized to be 24 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2366 IH appropriated $25,000,000 for each of fiscal years 1 2022 through 2026. 2 SEC. 104. GAO REPORT ON INTERNATIONAL MAIL AND 3 CARGO SCREENING. 4 Not later than one year after the date of enactment 5 of this Act, the Comptroller General of the United States 6 shall submit to the Congress a report reviewing the impact 7 of illicit fentanyl and fentanyl-related substances imported 8 through international mail and cargo, including discussion 9 of the following: 10 (1) The volume of fentanyl and fentanyl-related 11 substances being imported into the country by 12 means of international mail and cargo. 13 (2) The potential impact of increased screening 14 for illicit fentanyl and fentanyl-related substances 15 on— 16 (A) deterring drug trafficking in the 17 United States; 18 (B) interdicting fentanyl and fentanyl-re- 19 lated substances that were manufactured out- 20 side of the United States and intended, or at- 21 tempted, to be imported into the United States; 22 (C) the number of Federal criminal pros- 23 ecutions based on the manufacture, distribu- 24 tion, or possession of fentanyl or fentanyl-re- 25 VerDate Sep 11 2014 18:34 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2366.IH H2366 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2366 IH lated substances, disaggregated by demographic 1 data, including sex, race, and ethnicity, of the 2 offender; 3 (D) the charges brought in such prosecu- 4 tions; 5 (E) the impacts of prosecutions on reduc- 6 ing demand and availability to users; and 7 (F) the development of new fentanyl-re- 8 lated substances. 9 (3) The need for non-invasive technology in 10 screening for fentanyl and fentanyl-related sub- 11 stances, taking into account the findings pursuant to 12 paragraphs (1) and (2). 13 SEC. 105. CONTINGENCY MANAGEMENT PROGRAM. 14 (a) IN GENERAL.—The Secretary shall— 15 (1) develop and implement a program of using 16 contingency management principles to discourage [Text truncated for display. Full text available on Congress.gov.]