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H.R. 2351 · House bill · 119th Congress
This bill requires the Coast Guard to provide access to naloxone (a medication to reverse opioid overdoses) at its facilities, track distribution of the medication, and monitor the illegal use of of controlled substances.
The bill directs the Coast Guard to update its policy regarding the use of medication to treat drug overdoses to require naloxone or a similar medication to be made available to members on all Coast Guard installations and in each operational environment.
Further, the Coast Guard must participate in the Department of Defense (DOD) tracking system for naloxone distribution and the illegal use of fentanyl and other controlled substances. (The National Defense Authorization Act for Fiscal Year 2024 directed DOD to establish the tracking system.) The bill requires the Coast Guard to finalize a memorandum of understanding with DOD to facilitate Coast Guard access to the tracking system.
The bill also specifies that laws that prohibit manufacturing or distributing controlled substances on vessels apply when controlled substances are intentionally or knowingly placed or caused to be placed on board a vessel (e.g., without the crew's knowledge or on board an unmanned vessel).
Further, the bill requires the Coast Guard to brief Congress within two years after the bill's enactment about the use of opioids and overdose medication at Coast Guard facilities by members and personnel. The briefing must describe the Coast Guard's progress in implementing its updated policy, the prevalence and incidence of the illegal use of controlled substances, and its processes to mitigate substance abuse.
Section 70503(a) of title 46, United States Code, is amended—
(1) in the matter preceding paragraph (1) by striking “While on board a covered vessel, an” and inserting “An”;
(2) by amending paragraph (1) to read as follows:
“(1) manufacture or distribute, possess with intent to manufacture or distribute, or place or cause to be placed with intent to manufacture or distribute a controlled substance on board a covered vessel;”;
(3) in paragraph (2) by inserting “on board a covered vessel” before the semicolon; and
(4) in paragraph (3) by inserting “while on board a covered vessel” after “such individual”.
(a) Policy.— Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall update the policy of the Coast Guard regarding the use of medication to treat drug overdoses, including the use of naloxone or other similar medication to treat opioid, including fentanyl, overdoses.
(b) Availability.— The updated policy required under subsection (a) shall require naloxone or other similar medication be available for members of the Coast Guard—
(1) on all Coast Guard installations; and
(2) in each operational environment.
(c) Participation in tracking system.— Not later than 1 year after the earlier of the date of enactment of this Act or the date on which the tracking system established under section 706 of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 1090 note) is established, the Commandant shall ensure the participation of the Coast Guard in the such tracking system.
(d) Memorandum of understanding.— Not later than 1 year after the earlier of the date of enactment of this Act or the date on which the tracking system established under section 706 of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 1090 note) is established, the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy and the Secretary of Defense shall finalize a memorandum of understanding to facilitate Coast Guard access such tracking system.
(e) Briefing.—
(1) In general.— Not later than 2 years after the date of enactment of this Act, the Commandant shall provide the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the use, by members and personnel of the Coast Guard at Coast Guard facilities, onboard Coast Guard assets, and during Coast Guard operations, of—
(A) naloxone or other similar medication to treat opioid, including fentanyl, overdoses; and
(B) opioids, including fentanyl.
(2) Elements.— The briefing required under paragraph (1) shall include the following:
(A) A description of—
(i) the progress made in the implementation of the updated policy required under subsection (a);
(ii) the prevalence and incidence of the illegal use of fentanyl and other controlled substances in the Coast Guard during the 5-year period preceding the briefing;
(iii) processes of the Coast Guard to mitigate substance abuse in the Coast Guard, particularly with respect to fentanyl; and
(iv) the status of the memorandum of understanding required under subsection (d).
(B) For the 5-year period preceding the briefing, a review of instances in which naloxone or other similar medication was used to treat opioid, including fentanyl, overdoses at a Coast Guard facility, onboard a Coast Guard asset, or during a Coast Guard operation.
(f) Privacy.— In carrying out the requirements of this section, the Commandant shall ensure compliance with all applicable privacy law, including section 552a of title 5, United States Code (commonly referred to as the “Privacy Act”), and the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d–2 note).
(g) Rule of construction.— For purposes of the availability requirement under subsection (b), with respect to a Coast Guard installation comprised of multiple Coast Guard facilities or units, naloxone or other similar medication available at a single Coast Guard facility within the installation shall be considered to be available to all Coast Guard facilities or units on the installation if appropriate arrangements are in place to ensure access, at all times during operations, to the naloxone or other similar medication contained within such single Coast Guard facility.