STOP Fentanyl Overdoses Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3375 To establish programs to address addiction and overdoses caused by illicit fentanyl and other opioids, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 16, 2023 Ms. KUSTER (for herself, Ms. BLUNT ROCHESTER, Mr. BACON, Mr. TONKO, Mr. TRONE, Mr. PANETTA, Mrs. TRAHAN, Mr. ALLRED, Ms. CRAIG, Ms. PETTERSEN, Ms. BARRAGA´N, and Mr. NORCROSS) 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 Overdoses Prevention of 5 Fentanyl Overdoses Act of 2023’’ or the ‘‘STOP Fentanyl 6 Overdoses Act of 2023’’. 7 VerDate Sep 11 2014 04:19 May 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3375 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. TITLE I—IMPROVING FENTANYL SURVEILLANCE Sec. 101. Enhanced drug surveillance. Sec. 102. Collection of overdose data. Sec. 103. Public health support for law enforcement. Sec. 104. Fentanyl detection. Sec. 105. Grants to improve public health surveillance in forensic laboratories. TITLE II—STEMMING THE SUPPLY OF FENTANYL Sec. 201. Report on countries that produce synthetic drugs. Sec. 202. GAO report on international mail and cargo screening. TITLE III—OVERDOSE PREVENTION AND SUBSTANCE USE DISORDER TREATMENT PROGRAMS Sec. 301. Opioid treatment education. Sec. 302. Study on naloxone access. Sec. 303. Increasing access to medication for opioid overdose reversal. Sec. 304. Grant program on harms of drug misuse. Sec. 305. Good Samaritan immunity. Sec. 306. Report on overdose prevention centers. Sec. 307. Prisons and substance use disorder treatment. 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 1308.11(h)(30)(i) of title 21, Code of Federal Regu- 12 lations (or successor regulations). 13 VerDate Sep 11 2014 04:19 May 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3375 IH TITLE I—IMPROVING FENTANYL 1 SURVEILLANCE 2 SEC. 101. ENHANCED DRUG SURVEILLANCE. 3 (a) CDC SURVEILLANCE PROGRAM.—Title III of the 4 Public Health Service Act (42 U.S.C. 241 et seq.) is 5 amended by inserting after section 317V of such Act (42 6 U.S.C. 247b–24) the following: 7 ‘‘SEC. 317W. ENHANCED DRUG SURVEILLANCE. 8 ‘‘(a) IN GENERAL.—The Secretary, acting through 9 the Director of the Centers for Disease Control and Pre- 10 vention, shall enhance the Overdose Data to Action drug 11 surveillance program of the Centers and other drug sur- 12 veillance programs by— 13 ‘‘(1) encouraging States, political subdivisions 14 of States, and territories to participate; 15 ‘‘(2) increasing and accelerating the collection 16 of data on fentanyl, fentanyl-related substances, 17 other synthetic opioids, and new emerging drugs of 18 use (including harmful adulterants of fentanyl such 19 as xylazine), including the collection of related over- 20 dose data from medical examiners and drug treat- 21 ment admissions and information regarding drug 22 seizures; and 23 ‘‘(3) utilizing available and emerging informa- 24 tion on fentanyl, fentanyl-related substances, other 25 VerDate Sep 11 2014 04:19 May 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3375 IH synthetic opioids, and new emerging drugs of abuse, 1 including information from— 2 ‘‘(A) the High Intensity Drug Trafficking 3 Areas program; 4 ‘‘(B) the National Drug Early Warning 5 System; 6 ‘‘(C) State and local public health authori- 7 ties; 8 ‘‘(D) Federal, State, and local public 9 health laboratories; and 10 ‘‘(E) drug seizures by Federal, State, and 11 local law enforcement agencies, including infor- 12 mation from the National Seizure System and 13 the National Forensic Laboratory Information 14 System of the Drug Enforcement Administra- 15 tion. 16 ‘‘(b) INFORMATION SHARING.—The Secretary, acting 17 through the Director of the Centers for Disease Control 18 and Prevention, shall publicly disseminate findings col- 19 lected through the Overdose Data to Action drug surveil- 20 lance program of the Centers for Disease Control and Pre- 21 vention. 22 ‘‘(c) DEFINITION.—In this section, the term 23 ‘fentanyl-related substance’ has the meaning given the 24 VerDate Sep 11 2014 04:19 May 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3375 IH term in section 1308.11(h)(30)(i) of title 21, Code of Fed- 1 eral Regulations (or successor regulations).’’. 2 (b) LAW ENFORCEMENT REPORTING.—Each Federal 3 law enforcement agency shall report information on all 4 drug seizures by that agency to the Drug Enforcement 5 Administration for inclusion in the National Seizure Sys- 6 tem. 7 (c) GAO REPORT.—Not later than 2 years after the 8 date of enactment of this Act, the Comptroller General 9 of the United States shall— 10 (1) publish a report analyzing how Federal 11 agencies can improve their collection, reporting, 12 sharing, and analytic use of drug seizure data across 13 Federal agencies and with State and local govern- 14 ments; and 15 (2) include in such report an analysis of how 16 well available data on drug seizures can measure 17 progress toward reducing drug trafficking into and 18 within the country, as outlined in strategies such as 19 the National Drug Control Strategy of the Office of 20 National Drug Control Policy. 21 SEC. 102. COLLECTION OF OVERDOSE DATA. 22 (a) IN GENERAL.—Not later than 2 years after the 23 date of enactment of this Act, the Secretary shall com- 24 VerDate Sep 11 2014 04:19 May 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3375 IH mence a study on how to most efficiently track overdoses 1 by type of drug, including fentanyl. 2 (b) GRANT PROGRAM.— 3 (1) IN GENERAL.—Upon completion of the 4 study under subsection (a), and taking into consider- 5 ation the results of such study, the Secretary shall 6 award grants to States to facilitate the collection of 7 data with respect to fentanyl-involved overdoses. 8 (2) REQUIREMENT.—As a condition on receipt 9 of a grant under this subsection, an applicant shall 10 agree to share the data collected pursuant to the 11 grant with the Centers for Disease Control and Pre- 12 vention. 13 (3) PREFERENCE.—In awarding grants under 14 this subsection, the Secretary shall give preference 15 to applicants whose grant proposals demonstrate the 16 greatest need for collecting timely and accurate data 17 on overdoses. 18 SEC. 103. PUBLIC HEALTH SUPPORT FOR LAW ENFORCE- 19 MENT. 20 (a) SUPPORT FOR FENTANYL DETECTION AND HAN- 21 DLING.—The Secretary, in consultation with the Attorney 22 General, shall carry out a program to provide to Federal, 23 State, and local law enforcement agencies training on ac- 24 VerDate Sep 11 2014 04:19 May 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3375 IH curate information about fentanyl and how to detect and 1 handle fentanyl. 2 (b) EVIDENCE-BASED.—The program under sub- 3 section (a) shall comply with evidence-based guidelines, in- 4 cluding the ‘‘Fentanyl Safety Recommendations for First 5 Responders’’ (or any successor guidelines) of the Office 6 of National Drug Control Policy. 7 SEC. 104. FENTANYL DETECTION. 8 (a) TESTING OF CONTAMINANTS.—The Secretary, 9 acting through the Assistant Secretary and in coordina- 10 tion with the Director of the Centers for Disease Control 11 and Prevention, shall continue to improve efforts to en- 12 hance screening and identification of contaminants in 13 drugs to prevent overdoses. 14 (b) RESEARCH INTO TECHNOLOGIES.—The Sec- 15 retary shall conduct or support research for the develop- 16 ment or improvement of portable and affordable tech- 17 nologies related to checking drugs for fentanyl and 18 fentanyl-related substances, including chemical screening 19 device methods. 20 SEC. 105. GRANTS TO IMPROVE PUBLIC HEALTH SURVEIL- 21 LANCE IN FORENSIC LABORATORIES. 22 Title I of the Omnibus Crime Control and Safe 23 Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended 24 by adding at the end the following: 25 VerDate Sep 11 2014 04:19 May 31, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3375 IH ‘‘PART PP—CONFRONTING THE USE OF HEROIN, 1 FENTANYL, AND ASSOCIATED SYNTHETIC DRUGS 2 ‘‘SEC. 3061. GRANTS TO ADDRESS PUBLIC SAFETY 3 THROUGH IMPROVED FORENSIC LABORA- 4 TORY DATA. 5 ‘‘(a) PURPOSE.—The purpose of a grant awarded 6 under this section shall be to promote public health by 7 assisting a State or unit of local government— 8 ‘‘(1) establish or improve a surveillance pro- 9 gram in order to facilitate the seizure of covered 10 controlled substances; and 11 ‘‘(2) carry out the activities described in section 12 101 of the STOP Fentanyl Overdoses Act of 2023. 13 ‘‘(b) ESTABLISHMENT OF GRANT.—The Attorney 14 General, acting through the Director of the Bureau of 15 Justice Assistance, may make a grant to a State or unit 16 of local government to promote public health by estab- 17 lishing or improving a surveillance program in order to 18 facilitate the seizure of covered controlled substances. 19 ‘‘(c) ELIGIBLE PROJECTS.— A grant awarded under 20 this section shall be used for a program, project, or other 21 activity to— 22 ‘‘(1) reimburse a State, local, or other forensic 23 science laboratory for costs associated with testing 24 to help address any backlog of untested samples of 25 covered controlled substances; 26 VerDate Sep 11 2014 04:19 May 31, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3375 IH ‘‘(2) reimburse a State, local, or other forensic 1 science laboratory for the procurement of equipment, 2 technology, or other support systems; 3 ‘‘(3) reimburse State, local, or other forensic 4 science laboratory for improved, real time data ex- 5 change with the Centers for Disease Control and 6 Prevention on covered controlled substances; and 7 ‘‘(4) support a State or local health depart- 8 ments deployed to address the use of covered con- 9 trolled substances. 10 ‘‘(d) ADDITIONAL REQUIREMENT.—A program, 11 project, or other activity pursuant to subsection (c)(2) 12 shall require that the State, unit of local government, or 13 Tribe demonstrate, to the satisfaction of the Attorney 14 General, that any reimbursement would result in improved 15 efficiency of laboratory testing and help prevent future 16 backlogs. 17 ‘‘(e) ALLOCATION.— 18 ‘‘(1) POPULATION ALLOCATION.—Seventy-five 19 percent of the amount made available to carry out 20 this section in a fiscal year shall be allocated to each 21 State or unit of local government that meets the re- 22 quirements of section 2802 so that each State or 23 unit of local government shall receive an amount 24 that bears the same ratio to the 75 percent of the 25 VerDate Sep 11 2014 04:19 May 31, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3375 IH total amount made available to carry out this section 1 for that fiscal year as the population of the State or 2 unit of local government bears to the population of 3 all States or units of local governments. 4 ‘‘(2) DISCRETIONARY ALLOCATION.—Twenty- 5 five percent of the amount made available to carry 6 out this section in a fiscal year shall be allocated 7 pursuant to the discretion of the Attorney General 8 for competitive grants to States or units of local gov- 9 ernment with high rates of primary treatment ad- 10 missions for polysubstance use, including for covered 11 controlled substances, for use by State, local, or 12 Tribal law enforcement agencies. 13 ‘‘(3) LIMITATION.—Not less than 60 percent of 14 any amounts made available to carry out this section 15 shall be awarded for a program, project, or other ac- 16 tivity under paragraph (1) or (2) of subsection (c). 17 ‘‘(4) MINIMUM REQUIREMENT.—Notwith- 18 standing paragraphs (1), (2), and (3), each State re- 19 ceiving funds shall not receive less than 0.6 percent 20 of the amount made available to carry out this sec- 21 tion in each fiscal year. 22 ‘‘(f) COVERED CONTROLLED SUBSTANCE DE- 23 FINED.—In this section, the term ‘covered controlled sub- 24 VerDate Sep 11 2014 04:19 May 31, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3375.IH H3375 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3375 IH stance’ means heroin, fentanyl, a fentanyl-related sub- 1 stance, and any associated synthetic drug.’’. 2 TITLE II—STEMMING THE 3 SUPPLY OF FENTANYL 4 SEC. 201. REPORT ON COUNTRIES THAT PRODUCE SYN- 5 THETIC DRUGS. 6 Not later than one year after the date of enactment 7 of this Act, the Secretary of State shall submit to the 8 Committee on Energy and Commerce of the House of 9 Representatives and the Committee on the Judiciary of 10 the Senate a report— 11 (1) identifying the countries the Secretary de- 12 termines are the principal producers of synthetic 13 drugs trafficked into the United States; 14 (2) assessing how and why those countries are 15 producing such drugs; and 16 (3) describing measures the Secretary plans to 17 take to reduce the flow of such drugs into the 18 United States. 19 SEC. 202. GAO REPORT ON INTERNATIONAL MAIL AND 20 CARGO SCREENING. 21 Not later than one year after the date of enactment 22 of this Act, the Comptroller General of the United States 23 shall submit to the Congress a report reviewing the impact 24 of High Intensity Drug Trafficking Areas program on il- 25 VerDate Sep 11 [Text truncated for display. Full text available on Congress.gov.]