I 

114TH CONGRESS 

2D SESSION H. R. 5046 

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 

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. 

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 ‘‘Comprehensive Opioid 

5 Abuse Reduction Act of 2016’’. 


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1 SEC. 2. COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM. 

2 (a) IN GENERAL.—Title I of the Omnibus Crime 

3 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

4 et seq.) is amended by adding at the end the following: 

5 ‘‘PART LL—COMPREHENSIVE OPIOID ABUSE 

6 GRANT PROGRAM 

7 ‘‘SEC. 3021. DESCRIPTION. 

8 ‘‘(a) GRANTS AUTHORIZED.—From amounts made 

9 available to carry out this part, the Attorney General may 

10 make grants to States, units of local government, and In11 dian tribes, for use by the State, unit of local government, 

12 or Indian tribe to provide services primarily relating to 

13 opioid abuse, including for any one or more of the fol14 lowing: 

15 ‘‘(1) Developing, implementing, or expanding a 

16 treatment alternative to incarceration program, 

17 which may include— 

18 ‘‘(A) pre-booking or post-booking compo19 nents, which may include the activities de20 scribed in part HH of this title; 

21 ‘‘(B) training for criminal justice agency 

22 personnel on substance use disorders and co-oc23 curring mental illness and substance use dis24 orders; 

25 ‘‘(C) a mental health court, including the 

26 activities described in part V of this title; 


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1 ‘‘(D) a drug court, including the activities 

2 described in part EE of this title; and 

3 ‘‘(E) a veterans treatment court program, 

4 including the activities described in subsection 

5 (i) of section 2991 of this title. 

6 ‘‘(2) In the case of a State, facilitating or en7 hancing planning and collaboration between State 

8 criminal justice agencies and State substance abuse 

9 systems in order to more efficiently and effectively 

10 carry out programs described in paragraph (1) that 

11 address problems related to opioid abuse. 

12 ‘‘(3) Providing training and resources for first 

13 responders on carrying and administering an opioid 

14 overdose reversal drug or device approved by the 

15 Food and Drug Administration, and purchasing 

16 such a drug or device for first responders who have 

17 received such training to carry and administer. 

18 ‘‘(4) Investigative purposes to locate or inves19 tigate illicit activities related to the unlawful dis20 tribution of opioids. 

21 ‘‘(5) Developing, implementing, or expanding a 

22 medication-assisted treatment program used or oper23 ated by a criminal justice agency, which may include 

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1 cation-assisted treatment, and carrying out the ac2 tivities described in part S of this title. 

3 ‘‘(6) In the case of a State, developing, imple4 menting, or expanding a prescription drug moni5 toring program to collect and analyze data related to 

6 the prescribing of schedule II, III, and IV controlled 

7 substances through a centralized database adminis8 tered by an authorized State agency, which includes 

9 tracking the dispensation of such substances, and 

10 providing for data sharing with other States. 

11 ‘‘(7) Developing, implementing, or expanding a 

12 program to prevent and address opioid abuse by ju13 veniles. 

14 ‘‘(8) Developing, implementing, or expanding an 

15 integrated and comprehensive opioid abuse response 

16 program. 

17 ‘‘(b) CONTRACTS AND SUBAWARDS.—A State, unit of 

18 local government, or Indian tribe may, in using a grant 

19 under this subpart for purposes authorized by subsection 

20 (a), use all or a portion of that grant to contract with 

21 or make one or more subawards to one or more— 

22 ‘‘(1) local or regional organizations that are pri23 vate and nonprofit, including faith-based organiza24 tions; 

25 ‘‘(2) units of local government; or 


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1 ‘‘(3) tribal organizations. 

2 ‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIV3 ER.— 

4 ‘‘(1) PROGRAM ASSESSMENT COMPONENT.— 

5 Each program funded under this subpart shall con6 tain a program assessment component, developed 

7 pursuant to guidelines established by the Attorney 

8 General, in coordination with the National Institute 

9 of Justice. 

10 ‘‘(2) WAIVER.—The Attorney General may 

11 waive the requirement of paragraph (1) with respect 

12 to a program if, in the opinion of the Attorney Gen13 eral, the program is not of sufficient size to justify 

14 a full program assessment. 

15 ‘‘(d) ADMINISTRATIVE COSTS.—Not more than 10 

16 percent of a grant made under this subpart may be used 

17 for costs incurred to administer such grant. 

18 ‘‘(e) PERIOD.—The period of a grant made under 

19 this part may not be longer than 4 years, except that re20 newals and extensions beyond that period may be granted 

21 at the discretion of the Attorney General. 

22 ‘‘SEC. 3022. APPLICATIONS. 

23 ‘‘To request a grant under this part, the chief execu24 tive officer of a State, unit of local government, or Indian 

25 tribe shall submit an application to the Attorney General 


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1 at such time and in such form as the Attorney General 

2 may require. Such application shall include the following: 

3 ‘‘(1) A certification that Federal funds made 

4 available under this subpart will not be used to sup5 plant State, local, or tribal funds, but will be used 

6 to increase the amounts of such funds that would, 

7 in the absence of Federal funds, be made available 

8 for the activities described in section 3021(a). 

9 ‘‘(2) An assurance that, for each fiscal year 

10 covered by an application, the applicant shall main11 tain and report such data, records, and information 

12 (programmatic and financial) as the Attorney Gen13 eral may reasonably require. 

14 ‘‘(3) A certification, made in a form acceptable 

15 to the Attorney General and executed by the chief 

16 executive officer of the applicant (or by another offi17 cer of the applicant, if qualified under regulations 

18 promulgated by the Attorney General), that— 

19 ‘‘(A) the programs to be funded by the 

20 grant meet all the requirements of this part; 

21 ‘‘(B) all the information contained in the 

22 application is correct; 

23 ‘‘(C) there has been appropriate coordina24 tion with affected agencies; and 


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1 ‘‘(D) the applicant will comply with all 

2 provisions of this part and all other applicable 

3 Federal laws. 

4 ‘‘(4) An assurance that the applicant will work 

5 with the Drug Enforcement Administration to de6 velop an integrated and comprehensive strategy to 

7 address opioid abuse. 

8 ‘‘SEC. 3023. REVIEW OF APPLICATIONS. 

9 ‘‘The Attorney General shall not finally disapprove 

10 any application (or any amendment to that application) 

11 submitted under this part without first affording the ap12 plicant reasonable notice of any deficiencies in the applica13 tion and opportunity for correction and reconsideration. 

14 ‘‘SEC. 3024. GEOGRAPHIC DIVERSITY. 

15 ‘‘The Attorney General shall ensure equitable geo16 graphic distribution of grants under this part and take 

17 into consideration the needs of underserved populations, 

18 including rural and tribal communities. 

19 ‘‘SEC. 3025. DEFINITIONS. 

20 ‘‘In this part: 

21 ‘‘(1) The term ‘first responder’ includes a fire22 fighter, law enforcement officer, paramedic, emer23 gency medical technician, or other individual (includ24 ing an employee of a legally organized and recog25 nized volunteer organization, whether compensated 


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1 or not), who, in the course of professional duties, re2 sponds to fire, medical, hazardous material, or other 

3 similar emergencies. 

4 ‘‘(2) The term ‘medication-assisted treatment’ 

5 means the use of medications approved by the Food 

6 and Drug Administration for the treatment of opioid 

7 abuse. 

8 ‘‘(3) The term ‘opioid’ means any drug, includ9 ing heroin, having an addiction-forming or addiction10 sustaining liability similar to morphine or being ca11 pable of conversion into a drug having such addic12 tion-forming or addiction-sustaining liability. 

13 ‘‘(4) The term ‘schedule II, III, or IV controlled 

14 substance’ means a controlled substance that is list15 ed on schedule II, schedule III, or schedule IV of 

16 section 202(c) of the Controlled Substances Act (21 

17 U.S.C. 812(c)). 

18 ‘‘(5) The terms ‘drug’ and ‘device’ have the 

19 meanings given those terms in section 201 of the 

20 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

21 321). 

22 ‘‘(6) The term ‘criminal justice agency’ means 

23 a State, local, or tribal— 

24 ‘‘(A) court; 

25 ‘‘(B) prison; 


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1 ‘‘(C) jail; 

2 ‘‘(D) law enforcement agency; or 

3 ‘‘(E) other agency that performs the ad4 ministration of criminal justice, including pros5 ecution, pretrial services, and community super6 vision. 

7 ‘‘(7) The term ‘tribal organization’ has the 

8 meaning given that term in section 4 of the Indian 

9 Self-Determination and Education Assistance Act 

10 (25 U.S.C. 450b).’’. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 1001(a) of the Omnibus Crime Control and Safe Streets 

13 Act of 1968 (42 U.S.C. 3793(a)) is amended by inserting 

14 after paragraph (26) the following: 

15 ‘‘(27) There are authorized to be appropriated 

16 to carry out part LL $103,000,000 for each of fiscal 

17 years 2017 through 2021.’’. 

18 SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES. 

19 (a) DEFINITIONS.—In this section— 

20 (1) the term ‘‘covered grant program’’ means a 

21 grant program operated by the Department of Jus22 tice; 

23 (2) the term ‘‘covered grantee’’ means a recipi24 ent of a grant from a covered grant program; 


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1 (3) the term ‘‘nonprofit’’, when used with re2 spect to an organization, means an organization that 

3 is described in section 501(c)(3) of the Internal Rev4 enue Code of 1986, and is exempt from taxation 

5 under section 501(a) of such Code; and 

6 (4) the term ‘‘unresolved audit finding’’ means 

7 an audit report finding in a final audit report of the 

8 Inspector General of the Department of Justice that 

9 a covered grantee has used grant funds awarded to 

10 that grantee under a covered grant program for an 

11 unauthorized expenditure or otherwise unallowable 

12 cost that is not closed or resolved during a 12-month 

13 period prior to the date on which the final audit re14 port is issued. 

15 (b) AUDIT REQUIREMENT.—Beginning in fiscal year 

16 2016, and annually thereafter, the Inspector General of 

17 the Department of Justice shall conduct audits of covered 

18 grantees to prevent waste, fraud, and abuse of funds 

19 awarded under covered grant programs. The Inspector 

20 General shall determine the appropriate number of cov21 ered grantees to be audited each year. 

22 (c) MANDATORY EXCLUSION.—A grantee that is 

23 found to have an unresolved audit finding under an audit 

24 conducted under subsection (b) may not receive grant 


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1 funds under a covered grant program in the fiscal year 

2 following the fiscal year to which the finding relates. 

3 (d) REIMBURSEMENT.—If a covered grantee is 

4 awarded funds under the covered grant program from 

5 which it received a grant award during the 1-fiscal-year 

6 period during which the covered grantee is ineligible for 

7 an allocation of grant funds under subsection (c), the At8 torney General shall— 

9 (1) deposit into the General Fund of the Treas10 ury an amount that is equal to the amount of the 

11 grant funds that were improperly awarded to the 

12 covered grantee; and 

13 (2) seek to recoup the costs of the repayment 

14 to the Fund from the covered grantee that was im15 properly awarded the grant funds. 

16 (e) PRIORITY OF GRANT AWARDS.—The Attorney 

17 General, in awarding grants under a covered grant pro18 gram shall give priority to eligible entities that during the 

19 2-year period preceding the application for a grant have 

20 not been found to have an unresolved audit finding. 

21 (f) NONPROFIT REQUIREMENTS.— 

22 (1) PROHIBITION.—A nonprofit organization 

23 that holds money in offshore accounts for the pur24 pose of avoiding the tax described in section 511(a) 

25 of the Internal Revenue Code of 1986, shall not be 


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1 eligible to receive, directly or indirectly, any funds 

2 from a covered grant program. 

3 (2) DISCLOSURE.—Each nonprofit organization 

4 that is a covered grantee shall disclose in its applica5 tion for such a grant, as a condition of receipt of 

6 such a grant, the compensation of its officers, direc7 tors, and trustees. Such disclosure shall include a 

8 description of the criteria relied on to determine 

9 such compensation. 

10 SEC. 4. VETERANS TREATMENT COURTS. 

11 Section 2991 of the Omnibus Crime Control and Safe 

12 Streets Act of 1968 (42 U.S.C. 3797aa) is amended— 

13 (1) by redesignating subsection (i) as subsection 

14 (j); and 

15 (2) by inserting after subsection (h) the fol16 lowing: 

17 ‘‘(i) ASSISTING VETERANS.— 

18 ‘‘(1) DEFINITIONS.—In this subsection: 

19 ‘‘(A) PEER TO PEER SERVICES OR PRO20 GRAMS.—The term ‘peer to peer services or 

21 programs’ means services or programs that con22 nect qualified veterans with other veterans for 

23 the purpose of providing support and 

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1 taining treatment, recovery, stabilization, or re2 habilitation. 

3 ‘‘(B) QUALIFIED VETERAN.—The term 

4 ‘qualified veteran’ means a preliminarily quali5 fied offender who— 

6 ‘‘(i) served on active duty in any 

7 branch of the Armed Forces, including the 

8 National Guard or Reserves; and 

9 ‘‘(ii) was discharged or released from 

10 such service under conditions other than 

11 dishonorable. 

12 ‘‘(C) VETERANS TREATMENT COURT PRO13 GRAM.—The term ‘veterans treatment court 

14 program’ means a court program involving col15 laboration among criminal justice, veterans, and 

16 mental health and substance abuse agencies 

17 that provides qualified veterans with— 

18 ‘‘(i) intensive judicial supervision and 

19 case management, which may include ran20 dom and frequent drug testing where ap21 propriate; 

22 ‘‘(ii) a full continuum of treatment 

23 services, including mental health services, 

24 substance abuse services, medical services, 

25 and services to address trauma; 


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1 ‘‘(iii) alternatives to incarceration; or 

2 ‘‘(iv) other appropriate services, in3 cluding housing, transportation, mentoring, 

4 employment, job training, education, or as5 sistance in applying for and obtaining 

6 available benefits. 

7 ‘‘(2) VETERANS ASSISTANCE PROGRAM.— 

8 ‘‘(A) IN GENERAL.—The Attorney General, 

9 in consultation with the Secretary of Veterans 

10 Affairs, may award grants under this sub11 section to applicants to establish or expand— 

12 ‘‘(i) veterans treatment court pro13 grams; 

14 ‘‘(ii) peer to peer services or programs 

15 for qualified veterans; 

16 ‘‘(iii) practices that identify and pro17 vide treatment, rehabilitation, legal, transi18 tional, and other appropriate services to 

19 qualified veterans who have been incarcer20 ated; or 

21 ‘‘(iv) training programs to teach 

22 criminal justice, law enforcement, correc23 tions, mental health, and substance abuse 

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1 priately respond to incidents involving 

2 qualified veterans. 

3 ‘‘(B) PRIORITY.—In awarding grants 

4 under this subsection, the Attorney General 

5 shall give priority to applications that— 

6 ‘‘(i) demonstrate collaboration be7 tween and joint investments by criminal 

8 justice, mental health, substance abuse, 

9 and veterans service agencies; 

10 ‘‘(ii) promote effective strategies to 

11 identify and reduce the risk of harm to 

12 qualified veterans and public safety; and 

13 ‘‘(iii) propose interventions with em14 pirical support to improve outcomes for 

15 qualified veterans.’’. 

16 SEC. 5. EMERGENCY FEDERAL LAW ENFORCEMENT ASSIST17 ANCE. 

18 Section 609Y(a) of the Justice Assistance Act of 

19 1984 (42 U.S.C. 10513(a)) is amended by striking ‘‘Sep20 tember 30, 1984’’ and inserting ‘‘September 30, 2021’’. 

Æ 


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