Bruce's Law

II 118TH CONGRESS 1ST SESSION S. 1235 To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide com- munity-based coalition enhancement grants to mitigate the effects of drug misuse. IN THE SENATE OF THE UNITED STATES APRIL 20, 2023 Ms. MURKOWSKI (for herself, Mrs. FEINSTEIN, Mr. SULLIVAN, Ms. HASSAN, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pen- sions A BILL To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Con- tamination of Illegal Drugs, and to provide community- based coalition enhancement grants to mitigate the ef- fects of drug misuse. 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. 3 This Act may be cited as the ‘‘Bruce’s Law’’. 4 VerDate Sep 11 2014 18:02 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1235 IS SEC. 2. AWARENESS CAMPAIGNS. 1 (a) OPIOID PROGRAM.—Section 102 of the Com- 2 prehensive Addiction and Recovery Act of 2016 (Public 3 Law 114–198) is amended— 4 (1) in the section heading, by inserting ‘‘RE- 5 LATING TO OPIOIDS’’ after ‘‘CAMPAIGNS’’; and 6 (2) in subsection (c)— 7 (A) in paragraph (1), by inserting ‘‘and’’ 8 after the semicolon; 9 (B) in paragraph (2)(B), by striking ‘‘; 10 and’’ and inserting a period; and 11 (C) by striking paragraph (3). 12 (b) ADDITIONAL CAMPAIGN.—Title I of the Com- 13 prehensive Addiction and Recovery Act of 2016 (Public 14 Law 114–198) is amended by inserting after section 102 15 the following: 16 ‘‘SEC. 102A. AWARENESS CAMPAIGN RELATED TO 17 LETHALITY OF FENTANYL AND FENTANYL- 18 CONTAMINATED DRUGS. 19 ‘‘(a) IN GENERAL.—The Secretary of Health and 20 Human Services, in coordination with the heads of other 21 Federal departments and agencies, shall, as appropriate, 22 through a public awareness campaign, advance the edu- 23 cation and awareness of the public (including school-aged 24 children, youth, parents, first responders, and providers) 25 and other appropriate entities regarding the risk of coun- 26 VerDate Sep 11 2014 18:02 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1235 IS terfeit drugs being contaminated with fentanyl and the 1 dangers of fentanyl lethality. 2 ‘‘(b) TOPICS.—The education and awareness cam- 3 paigns under subsection (a) shall address— 4 ‘‘(1) the dangers of using drugs which may be 5 contaminated with fentanyl; 6 ‘‘(2) the prevention of drug abuse, including 7 through safe disposal of prescription medications 8 and other safety precautions; and 9 ‘‘(3) the detection of early warning signs of ad- 10 diction in school-aged children and youth. 11 ‘‘(c) OTHER REQUIREMENTS.—The education and 12 awareness campaigns under subsection (a) shall, as appro- 13 priate, take into account any association between prescrip- 14 tion drug misuse, heroin use, and drugs contaminated by 15 fentanyl. 16 ‘‘(d) DRUG DEFINED.—In this section, the term 17 ‘drug’ means an illicit drug, such as marijuana, hashish, 18 cocaine (including crack cocaine), inhalants, 19 hallucinogens, heroin, a synthetic opioid, methamphet- 20 amine or other stimulant, a counterfeit prescription drug, 21 or a prescription drug that is sold illegally. 22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 23 are authorized to be appropriated for fiscal years 2024 24 VerDate Sep 11 2014 18:02 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1235 IS through 2028 such sums as may be necessary to carry 1 out this section.’’. 2 SEC. 3. FEDERAL INTERAGENCY WORK GROUP ON 3 FENTANYL CONTAMINATION OF ILLEGAL 4 DRUGS. 5 Title I of the Comprehensive Addiction and Recovery 6 Act of 2016 (Public Law 114–198), as amended by section 7 2(b), is further amended by inserting after section 102A 8 the following: 9 ‘‘SEC. 102B. FEDERAL INTERAGENCY WORK GROUP ON 10 FENTANYL CONTAMINATION OF ILLEGAL 11 DRUGS. 12 ‘‘(a) ESTABLISHMENT.—The Secretary of Health 13 and Human Services (referred to in this section as the 14 ‘Secretary’) shall establish the Federal Interagency Work 15 Group on Fentanyl Contamination of Illegal Drugs (re- 16 ferred to in this section as the ‘Work Group’). 17 ‘‘(b) MEMBERSHIP; CONSULTATION.— 18 ‘‘(1) COMPOSITION.—Not later than 120 days 19 after the date of enactment of Bruce’s Law, the 20 heads of the Office of National Drug Control Policy, 21 the Substance Abuse and Mental Health Services 22 Administration, the Administration for Children and 23 Families, the Centers for Disease Control and Pre- 24 vention, the Department of Justice, the Drug En- 25 VerDate Sep 11 2014 18:02 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1235 IS forcement Administration, the Department of State, 1 the Department of Education, and other Federal 2 agencies (as determined by the Secretary) shall des- 3 ignate representatives of the respective agency or of- 4 fice to the Work Group. 5 ‘‘(2) CONSULTATION.—The Work Group shall 6 consult with— 7 ‘‘(A) experts at the State, Tribal, and local 8 levels with relevant backgrounds in reducing, 9 preventing, and responding to drug overdose by 10 fentanyl contamination of illegal drugs; 11 ‘‘(B) family members of adults who have 12 overdosed by fentanyl-contaminated illegal 13 drugs; 14 ‘‘(C) family members of school-aged chil- 15 dren and youth who have overdosed by fentanyl- 16 contaminated illegal drugs; 17 ‘‘(D) researchers and other experts in the 18 design and implementation of effective drug-re- 19 lated messaging and prevention campaigns; and 20 ‘‘(E) technology companies. 21 ‘‘(c) DUTIES.—The Work Group shall— 22 ‘‘(1) examine all Federal efforts directed to- 23 wards reducing and preventing drug overdose by 24 fentanyl-contaminated illegal drugs; 25 VerDate Sep 11 2014 18:02 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1235 IS ‘‘(2) identify strategies, resources, and supports 1 to improve State, Tribal, and local responses to over- 2 dose by fentanyl-contaminated illegal drugs; 3 ‘‘(3) make recommendations to Congress for 4 improving Federal programs and efforts and coordi- 5 nation across such programs and efforts to reduce 6 and prevent drug overdose by fentanyl-contaminated 7 illegal drugs; and 8 ‘‘(4) make recommendations for educating 9 youth on the dangers of drugs contaminated by 10 fentanyl. 11 ‘‘(d) ANNUAL REPORT TO SECRETARY.—The Work 12 Group shall annually prepare and submit to the Secretary, 13 the Committee on Health, Education, Labor, and Pen- 14 sions of the Senate, and the Committee on Education and 15 Labor of the House of Representatives, a report on the 16 activities carried out by the Work Group under subsection 17 (c), including recommendations to reduce and prevent 18 drug overdose by fentanyl contamination of illegal drugs, 19 in all populations, and specifically among youth at risk 20 for substance misuse.’’. 21 SEC. 4. COMMUNITY-BASED COALITION ENHANCEMENT 22 GRANTS TO ADDRESS LOCAL DRUG CRISES. 23 Section 103(i) of the Comprehensive Addiction and 24 Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by 25 VerDate Sep 11 2014 18:02 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1235 IS striking ‘‘2017 through 2021’’ and inserting ‘‘2023 1 through 2027’’. 2 SEC. 5. COMMUNITY-BASED COALITION ENHANCEMENT 3 GRANTS TO EDUCATE YOUTH ON THE RISKS 4 OF DRUGS CONTAMINATED WITH FENTANYL 5 OR OTHER SYNTHETIC OPIOIDS. 6 Title I of the Comprehensive Addiction and Recovery 7 Act of 2016 (Public Law 114–198) is amended by insert- 8 ing after section 103 the following: 9 ‘‘SEC. 103A. COMMUNITY-BASED COALITION ENHANCEMENT 10 GRANTS TO EDUCATE YOUTH ON THE RISKS 11 OF DRUGS CONTAMINATED WITH FENTANYL 12 OR OTHER SYNTHETIC OPIOIDS. 13 ‘‘(a) PROGRAM AUTHORIZED.—The Director of the 14 Office of National Drug Control Policy (referred to in this 15 section as the ‘Director’), in coordination with the Direc- 16 tor of the Centers for Disease Control and Prevention, 17 may make grants to eligible entities to implement edu- 18 cation of the public on the dangers of contamination of 19 drugs with fentanyl or other synthetic opioids. 20 ‘‘(b) APPLICATION.— 21 ‘‘(1) IN GENERAL.—An eligible entity seeking a 22 grant under this section shall submit an application 23 to the Director at such time, in such manner, and 24 VerDate Sep 11 2014 18:02 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1235 IS accompanied by such information as the Director 1 may require. 2 ‘‘(2) CRITERIA.—As part of an application for 3 a grant under this section, the Director shall require 4 an eligible entity to submit a detailed, comprehen- 5 sive, multisector plan for addressing the implementa- 6 tion of an evidence-based public education campaign 7 on the dangers of drugs contaminated with fentanyl 8 or other synthetic opioids, with a specific consider- 9 ation given to education focused on youth at in- 10 creased risk for developing a substance use disorder. 11 ‘‘(3) ELIGIBLE ENTITIES.—For purposes of this 12 section, the term ‘eligible entity’ means an entity 13 that— 14 ‘‘(A) has documented, using local data, 15 rates of drug overdose related to fentanyl or 16 other synthetic opioids at levels that are signifi- 17 cant, as determined by the Director; and 18 ‘‘(B) has received a grant under the Drug- 19 Free Communities Act of 1997. 20 ‘‘(c) USE OF FUNDS.—An eligible entity shall use a 21 grant received under this section— 22 ‘‘(1) for programs designed to implement com- 23 prehensive community-wide prevention strategies to 24 address the dangers of drugs contaminated with 25 VerDate Sep 11 2014 18:02 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1235 IS fentanyl or other synthetic opioids, in the area 1 served by the eligible entity, in accordance with the 2 plan submitted under subsection (b)(2); 3 ‘‘(2) to obtain specialized training and technical 4 assistance from the organization funded under sec- 5 tion 4 of Public Law 107–82 (21 U.S.C. 1521 note); 6 and 7 ‘‘(3) for programs designed to implement com- 8 prehensive community-wide strategies to address the 9 dangers of drugs contaminated with fentanyl or 10 other synthetic opioids in the community. 11 ‘‘(d) SUPPLEMENT NOT SUPPLANT.—An eligible en- 12 tity shall use Federal funds received under this section 13 only to supplement the funds that would, in the absence 14 of those Federal funds, be made available from other Fed- 15 eral and non-Federal sources for the activities described 16 in this section, and not to supplant those funds. 17 ‘‘(e) EVALUATION.—A grant under this section shall 18 be subject to the same evaluation requirements and proce- 19 dures as the evaluation requirements and procedures im- 20 posed on the recipient of a grant under the Drug-Free 21 Communities Act of 1997, and may also include an evalua- 22 tion of the effectiveness at reducing the use of illicit 23 fentanyl or other synthetic opioids. 24 VerDate Sep 11 2014 18:02 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1235.IS S1235 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1235 IS ‘‘(f) LIMITATION ON ADMINISTRATIVE EXPENSES.— 1 Not more than 12 percent of the amounts made available 2 to carry out this section for a fiscal year may be used 3 to pay for administrative expenses. 4 ‘‘(g) DELEGATION AUTHORITY.—The Director may 5 enter into an interagency agreement with the Director of 6 the Centers for Disease Control and Prevention to dele- 7 gate authority for the execution of grants and for such 8 other activities, as the Director determines necessary to 9 carry out this section. 10 ‘‘(h) DEFINITION.—In this section, the term ‘drug’ 11 means an illicit drug, such as marijuana, hashish, cocaine 12 (including crack cocaine), inhalants, hallucinogens, heroin, 13 a synthetic opioid, methamphetamine or other stimulant, 14 a counterfeit prescription drug, or a prescription drug that 15 is sold illegally. 16 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the 17 purpose of carrying out this section, there are authorized 18 to be appropriated such sums as may be necessary for 19 each of fiscal years 2024 through 2028.’’. 20 Æ VerDate Sep 11 2014 18:02 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S1235.IS S1235 pbinns on DSKJLVW7X2PROD with $$_JOB