I 

114TH CONGRESS 

2D SESSION H. R. 4654 

To direct the Attorney General to carry out a pilot program to provide 

grants to eligible entities for diversion programs to divert individuals 

with low-level drug offenses to drug treatment programs, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2016 

Mr. SEAN PATRICK MALONEY of New York (for himself and Mr. HANNA) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To direct the Attorney General to carry out a pilot program 

to provide grants to eligible entities for diversion programs to divert individuals with low-level drug offenses 

to drug treatment programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keeping Communities 

5 Safe through Treatment Act of 2016’’. 

6 SEC. 2. PILOT PROGRAM. 

7 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the At3 torney General shall establish a pilot program to 

4 provide grants to eligible entities for diversion pro5 grams to divert individuals with low-level drug of6 fenses to drug treatment programs. 

7 (2) DURATION OF PILOT PROGRAM.—The pilot 

8 program shall terminate 5 years after the date of 

9 the enactment of this Act. 

10 (3) GRANTS AWARDED UNDER PILOT PRO11 GRAM.—The Attorney General shall award grants 

12 under the pilot program to not fewer than 10 eligible 

13 entities. 

14 (b) LIMITATION ON USE OF FUNDS.—Grant funds 

15 awarded under the pilot program may not be used to di16 vert an individual with a low-level drug offense to a drug 

17 treatment program if criminal charges have been filed and 

18 are pending against such individual. 

19 (c) APPLICATION.— 

20 (1) IN GENERAL.—To be selected to receive a 

21 grant under the pilot program, an eligible entity 

22 shall submit to the Attorney General an application 

23 at such time, in such manner, and containing such 

24 information as the Attorney General may require. 


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1 (2) OTHER REQUIREMENTS.—Each application 

2 for a grant under the pilot program shall include a 

3 description of how the eligible entity— 

4 (A) coordinates with drug treatment pro5 grams that provide medication-assisted treat6 ment; 

7 (B) plans to coordinate with local prosecu8 tors; 

9 (C) plans to divert individuals with low10 level drug offenses to such programs; 

11 (D) plans to monitor and record the 

12 progress of such individuals in such programs; 

13 (E) plans to assess such individuals to en14 sure that they have an appropriate drug treat15 ment plan; 

16 (F) plans to monitor and record the drug 

17 use of such individuals; and 

18 (G) will provide case management for such 

19 individuals. 

20 (d) REPORTS.— 

21 (1) QUARTERLY REPORTS.—Each quarter dur22 ing the duration of the pilot program, an eligible en23 tity that receives a grant under the pilot program 

24 shall submit a report to the Attorney General that 

25 includes— 


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1 (A) the number of individuals diverted to 

2 drug treatment programs by the diversion pro3 gram for which the grant funds are used; 

4 (B) any subsequent arrest records of such 

5 individuals, when such records are publicly 

6 available; 

7 (C) any subsequent criminal charges filed 

8 against such individuals; 

9 (D) the random drug test results for such 

10 individuals; and 

11 (E) the cost of such programs. 

12 (2) ANNUAL REPORTS.—Not less than once 

13 each year during the duration of the pilot program, 

14 the Attorney General shall submit a report to Con15 gress that includes— 

16 (A) the number of grants awarded under 

17 the pilot program; 

18 (B) the number of individuals diverted to 

19 drug treatment programs by the diversion pro20 gram for which the grant funds are used; 

21 (C) any subsequent arrest records of such 

22 individuals, when such records are publicly 

23 available; 

24 (D) any subsequent criminal charges filed 

25 against such individuals; 


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1 (E) the random drug test results for such 

2 individuals; and 

3 (F) the amount of funds used to provide 

4 grants under the pilot program. 

5 (e) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means a law enforcement agency with jurisdic8 tion over a high intensity drug trafficking area, as 

9 designated pursuant to section 707(b) of the Office 

10 of National Drug Control Policy Reauthorization Act 

11 of 1998 (21 U.S.C. 1706(b)). 

12 (2) LOW-LEVEL DRUG OFFENSE.—The term 

13 ‘‘low-level drug offense’’ does not include a serious 

14 violent felony. 

15 (3) MEDICATION-ASSISTED TREATMENT.—The 

16 term ‘‘medication-assisted treatment’’ means treat17 ment of substance use disorders through the use of 

18 a drug (or a combination of drugs) approved or li19 censed under section 505 of the Federal Food, 

20 Drug, and Cosmetic Act (21 U.S.C. 355) or section 

21 351 of the Public Health Service Act (42 U.S.C. 

22 262), in combination with evidence-based behavioral 

23 therapies. 

24 (4) SERIOUS VIOLENT FELONY.—The term ‘‘se25 rious violent felony’’ has the meaning given such 


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1 term in section 3559(c)(2) of title 18, United States 

2 Code. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated such funds as may be nec5 essary to carry out the pilot program, to be derived from 

6 the funds made available to the Office of Justice Pro7 grams. 

Æ 


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