119-hr4607

[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) .
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