[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5046 Reported in House (RH)]
<DOC>
Union Calendar No. 415
114th CONGRESS
2d Session
H. R. 5046
[Report No. 114-539]
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
authorize the Attorney General to make grants to assist State and local
governments in addressing the national epidemic of opioid abuse, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2016
Mr. Sensenbrenner (for himself, Ms. Jackson Lee, Mr. Goodlatte, Mr.
Conyers, Mr. Chabot, Mr. Ryan of Ohio, Mr. Forbes, Mr. Bishop of
Michigan, and Mr. Guinta) introduced the following bill; which was
referred to the Committee on the Judiciary
May 6, 2016
Additional sponsors: Mr. Buchanan and Mr. Smith of Texas
May 6, 2016
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
authorize the Attorney General to make grants to assist State and local
governments in addressing the national epidemic of opioid abuse, 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 ``Comprehensive Opioid Abuse Reduction
Act of 2016''.
SEC. 2. COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at
the end the following:
``PART LL--COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM
``SEC. 3021. DESCRIPTION.
``(a) Grants Authorized.--From amounts made available to carry out
this part, the Attorney General may make grants to States, units of
local government, and Indian tribes, for use by the State, unit of
local government, or Indian tribe to provide services primarily
relating to opioid abuse, including for any one or more of the
following:
``(1) Developing, implementing, or expanding a treatment
alternative to incarceration program, which may include--
``(A) pre-booking or post-booking components, which
may include the activities described in part HH of this
title;
``(B) training for criminal justice agency
personnel on substance use disorders and co-occurring
mental illness and substance use disorders;
``(C) a mental health court, including the
activities described in part V of this title;
``(D) a drug court, including the activities
described in part EE of this title; and
``(E) a veterans treatment court program, including
the activities described in subsection (i) of section
2991 of this title.
``(2) In the case of a State, facilitating or enhancing
planning and collaboration between State criminal justice
agencies and State substance abuse systems in order to more
efficiently and effectively carry out programs described in
paragraph (1) that address problems related to opioid abuse.
``(3) Providing training and resources for first responders
on carrying and administering an opioid overdose reversal drug
or device approved by the Food and Drug Administration, and
purchasing such a drug or device for first responders who have
received such training to carry and administer.
``(4) Investigative purposes to locate or investigate
illicit activities related to the unlawful distribution of
opioids.
``(5) Developing, implementing, or expanding a medication-
assisted treatment program used or operated by a criminal
justice agency, which may include training criminal justice
agency personnel on medication-assisted treatment, and carrying
out the activities described in part S of this title.
``(6) In the case of a State, developing, implementing, or
expanding a prescription drug monitoring program to collect and
analyze data related to the prescribing of schedule II, III,
and IV controlled substances through a centralized database
administered by an authorized State agency, which includes
tracking the dispensation of such substances, and providing for
data sharing with other States.
``(7) Developing, implementing, or expanding a program to
prevent and address opioid abuse by juveniles.
``(8) Developing, implementing, or expanding an integrated
and comprehensive opioid abuse response program.
``(b) Contracts and Subawards.--A State, unit of local government,
or Indian tribe may, in using a grant under this subpart for purposes
authorized by subsection (a), use all or a portion of that grant to
contract with or make one or more subawards to one or more--
``(1) local or regional organizations that are private and
nonprofit, including faith-based organizations;
``(2) units of local government; or
``(3) tribal organizations.
``(c) Program Assessment Component; Waiver.--
``(1) Program assessment component.--Each program funded
under this subpart shall contain a program assessment
component, developed pursuant to guidelines established by the
Attorney General, in coordination with the National Institute
of Justice.
``(2) Waiver.--The Attorney General may waive the
requirement of paragraph (1) with respect to a program if, in
the opinion of the Attorney General, the program is not of
sufficient size to justify a full program assessment.
``(d) Administrative Costs.--Not more than 10 percent of a grant
made under this subpart may be used for costs incurred to administer
such grant.
``(e) Period.--The period of a grant made under this part may not
be longer than 4 years, except that renewals and extensions beyond that
period may be granted at the discretion of the Attorney General.
``SEC. 3022. APPLICATIONS.
``To request a grant under this part, the chief executive officer
of a State, unit of local government, or Indian tribe shall submit an
application to the Attorney General at such time and in such form as
the Attorney General may require. Such application shall include the
following:
``(1) A certification that Federal funds made available
under this subpart will not be used to supplant State, local,
or tribal funds, but will be used to increase the amounts of
such funds that would, in the absence of Federal funds, be made
available for the activities described in section 3021(a).
``(2) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such data,
records, and information (programmatic and financial) as the
Attorney General may reasonably require.
``(3) A certification, made in a form acceptable to the
Attorney General and executed by the chief executive officer of
the applicant (or by another officer of the applicant, if
qualified under regulations promulgated by the Attorney
General), that--
``(A) the programs to be funded by the grant meet
all the requirements of this part;
``(B) all the information contained in the
application is correct;
``(C) there has been appropriate coordination with
affected agencies; and
``(D) the applicant will comply with all provisions
of this part and all other applicable Federal laws.
``(4) An assurance that the applicant will work with the
Drug Enforcement Administration to develop an integrated and
comprehensive strategy to address opioid abuse.
``SEC. 3023. REVIEW OF APPLICATIONS.
``The Attorney General shall not finally disapprove any application
(or any amendment to that application) submitted under this part
without first affording the applicant reasonable notice of any
deficiencies in the application and opportunity for correction and
reconsideration.
``SEC. 3024. GEOGRAPHIC DIVERSITY.
``The Attorney General shall ensure equitable geographic
distribution of grants under this part and take into consideration the
needs of underserved populations, including rural and tribal
communities.
``SEC. 3025. DEFINITIONS.
``In this part:
``(1) The term `first responder' includes a firefighter,
law enforcement officer, paramedic, emergency medical
technician, or other individual (including an employee of a
legally organized and recognized volunteer organization,
whether compensated or not), who, in the course of professional
duties, responds to fire, medical, hazardous material, or other
similar emergencies.
``(2) The term `medication-assisted treatment' means the
use of medications approved by the Food and Drug Administration
for the treatment of opioid abuse.
``(3) The term `opioid' means any drug, including heroin,
having an addiction-forming or addiction-sustaining liability
similar to morphine or being capable of conversion into a drug
having such addiction-forming or addiction-sustaining
liability.
``(4) The term `schedule II, III, or IV controlled
substance' means a controlled substance that is listed on
schedule II, schedule III, or schedule IV of section 202(c) of
the Controlled Substances Act (21 U.S.C. 812(c)).
``(5) The terms `drug' and `device' have the meanings given
those terms in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
``(6) The term `criminal justice agency' means a State,
local, or tribal--
``(A) court;
``(B) prison;
``(C) jail;
``(D) law enforcement agency; or
``(E) other agency that performs the administration
of criminal justice, including prosecution, pretrial
services, and community supervision.
``(7) The term `tribal organization' has the meaning given
that term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by inserting after paragraph (26) the following:
``(27) There are authorized to be appropriated to carry out
part LL $103,000,000 for each of fiscal years 2017 through
2021.''.
SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES.
(a) Definitions.--In this section--
(1) the term ``covered grant program'' means a grant
program operated by the Department of Justice;
(2) the term ``covered grantee'' means a recipient of a
grant from a covered grant program;
(3) the term ``nonprofit'', when used with respect to an
organization, means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986, and is
exempt from taxation under section 501(a) of such Code; and
(4) the term ``unresolved audit finding'' means an audit
report finding in a final audit report of the Inspector General
of the Department of Justice that a covered grantee has used
grant funds awarded to that grantee under a covered grant
program for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved during a 12-
month period prior to the date on which the final audit report
is issued.
(b) Audit Requirement.--Beginning in fiscal year 2016, and annually
thereafter, the Inspector General of the Department of Justice shall
conduct audits of covered grantees to prevent waste, fraud, and abuse
of funds awarded under covered grant programs. The Inspector General
shall determine the appropriate number of covered grantees to be
audited each year.
(c) Mandatory Exclusion.--A grantee that is found to have an
unresolved audit finding under an audit conducted under subsection (b)
may not receive grant funds under a covered grant program in the fiscal
year following the fiscal year to which the finding relates.
(d) Reimbursement.--If a covered grantee is awarded funds under the
covered grant program from which it received a grant award during the
1-fiscal-year period during which the covered grantee is ineligible for
an allocation of grant funds under subsection (c), the Attorney General
shall--
(1) deposit into the General Fund of the Treasury an amount
that is equal to the amount of the grant funds that were
improperly awarded to the covered grantee; and
(2) seek to recoup the costs of the repayment to the Fund
from the covered grantee that was improperly awarded the grant
funds.
(e) Priority of Grant Awards.--The Attorney General, in awarding
grants under a covered grant program shall give priority to eligible
entities that during the 2-year period preceding the application for a
grant have not been found to have an unresolved audit finding.
(f) Nonprofit Requirements.--
(1) Prohibition.--A nonprofit organization that holds money
in offshore accounts for the purpose of avoiding the tax
described in section 511(a) of the Internal Revenue Code of
1986, shall not be eligible to receive, directly or indirectly,
any funds from a covered grant program.
(2) Disclosure.--Each nonprofit organization that is a
covered grantee shall disclose in its application for such a
grant, as a condition of receipt of such a grant, the
compensation of its officers, directors, and trustees. Such
disclosure shall include a description of the criteria relied
on to determine such compensation.
SEC. 4. VETERANS TREATMENT COURTS.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``(i) Assisting Veterans.--
``(1) Definitions.--In this subsection:
``(A) Peer to peer services or programs.--The term
`peer to peer services or programs' means services or
programs that connect qualified veterans with other
veterans for the purpose of providing support and
mentorship to assist qualified veterans in obtaining
treatment, recovery, stabilization, or rehabilitation.
``(B) Qualified veteran.--The term `qualified
veteran' means a preliminarily qualified offender who--
``(i) served on active duty in any branch
of the Armed Forces, including the National
Guard or Reserves; and
``(ii) was discharged or released from such
service under conditions other than
dishonorable.
``(C) Veterans treatment court program.--The term
`veterans treatment court program' means a court
program involving collaboration among criminal justice,
veterans, and mental health and substance abuse
agencies that provides qualified veterans with--
``(i) intensive judicial supervision and
case management, which may include random and
frequent drug testing where appropriate;
``(ii) a full continuum of treatment
services, including mental health services,
substance abuse services, medical services, and
services to address trauma;
``(iii) alternatives to incarceration; or
``(iv) other appropriate services,
including housing, transportation, mentoring,
employment, job training, education, or
assistance in applying for and obtaining
available benefits.
``(2) Veterans assistance program.--
``(A) In general.--The Attorney General, in
consultation with the Secretary of Veterans Affairs,
may award grants under this subsection to applicants to
establish or expand--
``(i) veterans treatment court programs;
``(ii) peer to peer services or programs
for qualified veterans;
``(iii) practices that identify and provide
treatment, rehabilitation, legal, transitional,
and other appropriate services to qualified
veterans who have been incarcerated; or
``(iv) training programs to teach criminal
justice, law enforcement, corrections, mental
health, and substance abuse personnel how to
identify and appropriately respond to incidents
involving qualified veterans.
``(B) Priority.--In awarding grants under this
subsection, the Attorney General shall give priority to
applications that--
``(i) demonstrate collaboration between and
joint investments by criminal justice, mental
health, substance abuse, and veterans service
agencies;
``(ii) promote effective strategies to
identify and reduce the risk of harm to
qualified veterans and public safety; and
``(iii) propose interventions with
empirical support to improve outcomes for
qualified veterans.''.
SEC. 5. EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE.
Section 609Y(a) of the Justice Assistance Act of 1984 (42 U.S.C.
10513(a)) is amended by striking ``September 30, 1984'' and inserting
``September 30, 2021''.
Union Calendar No. 415
114th CONGRESS
2d Session
H. R. 5046
[Report No. 114-539]
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
authorize the Attorney General to make grants to assist State and local
governments in addressing the national epidemic of opioid abuse, and
for other purposes.
_______________________________________________________________________
May 6, 2016
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed