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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5046 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 5046

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2016

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
  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 DD or 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;
                    ``(E) a veterans treatment court program, including 
                the activities described in subsection (i) of section 
                2991 of this title;
                    ``(F) a focus on parents whose incarceration could 
                result in their children entering the child welfare 
                system; and
                    ``(G) a community-based substance use diversion 
                program sponsored by a law enforcement agency.
            ``(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 schedules 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 
        interoperability and 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, including 
        prevention and recovery programs.
            ``(9) Developing, implementing, or expanding a program 
        (which may include demonstration projects) to utilize 
        technology that provides a secure container for prescription 
        drugs that would prevent individuals, particularly adolescents, 
        from gaining access to opioid medications that are lawfully 
        prescribed for other individuals.
            ``(10) Developing, implementing, or expanding a program to 
        prevent and address opioid abuse by veterans.
            ``(11) Developing, implementing, or expanding a 
        prescription drug take-back 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. EQUITABLE DISTRIBUTION OF FUNDS.

    ``In awarding grants under this part, the Attorney General shall 
ensure equitable distribution of funds based on the following:
            ``(1) The geographic distribution of grants under this 
        part, taking into consideration the needs of underserved 
        populations, including rural and tribal communities.
            ``(2) The needs of communities to address the problems 
        related to opioid abuse, taking into consideration the 
        prevalence of opioid abuse and overdose-related death in a 
        community.

``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''.

SEC. 6. INCLUSION OF SERVICES FOR PREGNANT WOMEN UNDER FAMILY-BASED 
              SUBSTANCE ABUSE GRANTS.

    Part DD of title I of the Omnibus Crime Control and Safe Streets 
Act (42 U.S.C. 3797s et seq.) is amended--
            (1) in section 2921(2), by inserting before the period at 
        the end ``or pregnant women''; and
            (2) in section 2927--
                    (A) in paragraph (1)(A), by inserting ``pregnant 
                or'' before ``a parent''; and
                    (B) in paragraph (3), by inserting ``or pregnant 
                women'' after ``incarcerated parents''.

SEC. 7. GAO STUDY AND REPORT ON DEPARTMENT OF JUSTICE PROGRAMS AND 
              RESEARCH RELATIVE TO SUBSTANCE USE AND SUBSTANCE USE 
              DISORDERS AMONG ADOLESCENTS AND YOUNG ADULTS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on how the Department of Justice, through grant 
programs, is addressing prevention of, treatment for, and recovery from 
substance use by and substance use disorders among adolescents and 
young adults. Such study shall include an analysis of each of the 
following:
            (1) The research that has been, and is being, conducted or 
        supported pursuant to grant programs operated by the Department 
        of Justice on prevention of, treatment for, and recovery from 
        substance use by and substance use disorders among adolescents 
        and young adults, including an assessment of--
                    (A) such research relative to any unique 
                circumstances (including social and biological 
                circumstances) of adolescents and young adults that may 
                make adolescent-specific and young adult-specific 
                treatment protocols necessary, including any effects 
                that substance use and substance use disorders may have 
                on brain development and the implications for treatment 
                and recovery; and
                    (B) areas of such research in which greater 
                investment or focus is necessary relative to other 
                areas of such research.
            (2) Department of Justice non-research programs and 
        activities that address prevention of, treatment for, and 
        recovery from substance use by and substance use disorders 
        among adolescents and young adults, including an assessment of 
        the effectiveness of such programs and activities in preventing 
        substance use by and substance use disorders among adolescents 
        and young adults, treating such adolescents and young adults in 
        a way that accounts for any unique circumstances faced by 
        adolescents and young adults, and supports long term recovery 
        among adolescents and young adults.
            (3) Gaps that have been identified by officials of the 
        Department of Justice or experts in the efforts supported by 
        grant programs operated by the Department of Justice relating 
        to prevention of, treatment for, and recovery from substance 
        use by and substance use disorders among adolescents and young 
        adults, including gaps in research, data collection, and 
        measures to evaluate the effectiveness of such efforts, and the 
        reasons for such gaps.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall submit to the appropriate 
committees of the Congress a report containing the results of the study 
conducted under subsection (a), including--
            (1) a summary of the findings of the study; and
            (2) recommendations based on the results of the study, 
        including recommendations for such areas 

              

        of research and legislative and administrative action as the 
        Comptroller General determines appropriate.

            Passed the House of Representatives May 12, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```