[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4607 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4607
To provide protections from prosecution for drug possession to
individuals who seek medical assistance when witnessing or experiencing
an overdose, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2025
Mr. Neguse (for himself, Mrs. Miller of West Virginia, Ms. Dean of
Pennsylvania, Mr. Bacon, Mr. Levin, and Ms. Tenney) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Energy and Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide protections from prosecution for drug possession to
individuals who seek medical assistance when witnessing or experiencing
an overdose, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Samaritan Efforts to Ensure Key
Health Emergency and Life-saving Protections Act'' or the ``SEEK HELP
Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``controlled substance'' has the meaning given
that term in section 102 of the Controlled Substances Act (21
U.S.C. 802);
(2) the term ``emergency response providers'' has the
meaning given that term in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101);
(3) the term ``opioid overdose reversal drug'' means a drug
approved under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) that--
(A) is indicated for the partial or complete
reversal of the pharmacological effects of an opioid
overdose in the human body; and
(B) has moved in or affecting interstate or foreign
commerce;
(4) the term ``Secretary'' means the Secretary of Health
and Human Services; and
(5) the term ``seek medical assistance'' means--
(A) reporting a drug overdose or other medical
emergency to a law enforcement authority, an emergency
response provider, the 9-1-1 system, a poison control
center, or a medical or drug treatment provider; or
(B) assisting another individual who is making a
report described in subparagraph (A).
SEC. 3. GOOD SAMARITAN PROTECTIONS FOR DRUG OVERDOSE RESPONSES.
(a) Civil Liability Protections for Administration of Opioid
Overdose Reversal Drugs.--
(1) In general.--Except as provided in paragraph (2), an
individual shall not be liable in a civil action in a Federal
or State court for harm caused by the emergency administration
of an opioid overdose reversal drug to another individual who
is or reasonably appears to be suffering a drug overdose if the
individual administers the opioid overdose reversal drug in
good faith.
(2) Exceptions.--Paragraph (1) shall not apply with respect
to harm caused by willful or criminal misconduct, gross
negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of the victim who was
harmed.
(3) Rule of construction.--With respect to a person who
administers an opioid overdose reversal drug to another
individual, this section supersedes the law of a State only to
the extent that the State has no statute or regulation that
provides such a person with immunity in a civil action for the
use of an opioid overdose reversal drug, as described in
paragraph (1).
(b) Criminal Liability Protections for Seeking Medical Assistance
for an Overdose.--
(1) Definition.--In this subsection, the term ``covered
individual'' means an individual who--
(A) in good faith and a timely manner--
(i) seeks medical assistance for an
individual experiencing or reasonably appears
to be experiencing a drug overdose; or
(ii) seeks medical assistance for himself
or herself for a drug overdose; and
(B) did not seek the medical assistance during the
course of the execution of an arrest warrant, search
warrant, or other lawful search or seizure.
(2) Liability protection.--A covered individual shall not
be subject to prosecution, civil asset forfeiture, or
revocation of supervised released under section 404 of the
Controlled Substances Act (21 U.S.C. 844) for possession of a
controlled substance if a law enforcement agency, or other
government agency, is made aware of the possession solely based
on the fact that the covered individual sought medical
assistance as described in clause (i) or (ii) of paragraph
(1)(A).
(3) Admissibility and seizure of evidence or contraband.--
Nothing in this subsection shall be construed--
(A) to limit the admissibility of evidence in
connection with the prosecution of--
(i) an offense with regard to an individual
who does not qualify for the protections under
paragraph (2); or
(ii) an offense not described in paragraph
(2) that is committed by an individual who
qualifies for the protections under such
paragraph;
(B) to limit any seizure of evidence or contraband
otherwise permitted by law; or
(C) to limit the arrest of the individual or search
and seizure of any evidence or contraband if there is
an outstanding State or Federal warrant for the
individual.
(c) Public Awareness Campaign.--The Secretary, in consultation with
the Administrator of the Drug Enforcement Administration, shall carry
out a public awareness campaign regarding the liability protections
under this section.
(d) Use of JAG Funds.--Section 501(a)(1) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is
amended by adding at the end the following:
``(J) Training programs for law enforcement
officers of States and units of local government
regarding legal protections for individuals seeking
medical assistance in connection with a controlled
substance overdose.''.
SEC. 4. USE OF BLOCK GRANT FUNDING FOR PUBLIC AWARENESS CAMPAIGNS AND
INITIATIVES.
(a) In General.--A State receiving a grant under section 1921 of
the Public Health Service Act (42 U.S.C. 300x-21) may use amounts
described in section 1922(a)(1) of such Act (42 U.S.C. 300x-22(a)(1))
to--
(1) conduct a public awareness campaign regarding the
overdose Good Samaritan law of the State;
(2) provide training to criminal justice professionals,
stakeholders (including health care providers), emergency
medical service providers, and the general public on applicable
overdose Good Samaritan laws; and
(3) to the extent possible, share data with the Secretary
regarding the impact of overdose Good Samaritan laws of the
State on individuals experiencing an overdose, which shall
include the number of calls seeking medical assistance that
were received by a law enforcement agency, the 9-1-1 system, a
poison control center, or a medical or drug treatment providers
for seeking medical assistance in the event of a drug overdose.
(b) Definition.--In this section, the term ``overdose Good
Samaritan law'' means a statute providing protection from liability
relating to seeking medical assistance in connection with a controlled
substance overdose or administering an opioid overdose reversal drug.
SEC. 5. GAO REPORT TO STUDY EFFECTIVENESS AND IMPLEMENTATION.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on evaluating
the implementation of Good Samaritan laws for drug overdose and the
effectiveness of grant funding provided to States and localities for
awareness campaigns related to those laws.
(b) Contents.--The report required under subsection (a) shall--
(1) assess the extent to which States and localities have
implemented and enforced Good Samaritan laws for drug overdose;
(2) evaluate the effectiveness of the laws described in
paragraph (1) in encouraging the reporting of overdoses and the
provision of timely medical assistance;
(3) an estimate of the number of individuals impacted by
the laws described in paragraph (1), including the number of
individuals who have received legal protections or immunities
under such laws;
(4) analyze the impact of the laws described in paragraph
(1), including--
(A) an assessment of changes in overdose-related
fatalities, emergency department visits, and the use of
naloxone or other overdose reversal interventions; and
(B) data on the number of calls received for
overdoses before and after the implementation of such
laws;
(5) evaluate the effectiveness of grant funding provided to
States and localities for the purpose of spreading awareness
about the laws described in paragraph (1);
(6) assess the reach and impact of educational campaigns,
community outreach initiatives, and training programs aimed at
informing the public, healthcare providers, law enforcement
personnel, and other relevant stakeholders about the
protections and benefits provided by the laws described in
paragraph (1);
(7) identify any barriers or challenges encountered during
the implementation of the laws described in paragraph (1) and
associated awareness campaigns, including--
(A) examining the legal, logistical, resource-
related, or cultural factors that may impede successful
adoption and utilization of the laws; and
(B) exploring any challenges faced by individuals
seeking help or reporting overdoses due to potential
legal repercussions;
(8) highlight any best practices identified in States and
localities that have effectively implemented the laws described
in paragraph (1) and conducted successful awareness campaigns,
including recommendations on best methods for assessing and
evaluating the implementation and success for Good Samaritan
laws;
(9) provide recommendations for improving the
implementation and impact of the laws described in paragraph
(1) and optimizing the use of grant funding for education and
outreach efforts; and
(10) if multiple States or localities have implemented
different variations of the laws described in paragraph (1),
include a comparative analysis of their respective approaches
identifying variations in outcomes, effectiveness, or
challenges faced and providing insights for potential
improvements or standardization of the laws.
(c) Cooperation and Access.--Federal agencies and relevant State
and local authorities shall cooperate with the Comptroller General of
the United States and provide access to necessary information and data
to facilitate the completion of the report required under subsection
(a).
<all>