IIB 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Comprehensive Opioid 

3 Abuse Reduction Act of 2016’’. 

4 SEC. 2. COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM. 

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

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

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

8 ‘‘PART LL—COMPREHENSIVE OPIOID ABUSE 

9 GRANT PROGRAM 

10 ‘‘SEC. 3021. DESCRIPTION. 

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

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

13 make grants to States, units of local government, and In14 dian tribes, for use by the State, unit of local government, 

15 or Indian tribe to provide services primarily relating to 

16 opioid abuse, including for any one or more of the fol17 lowing: 

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

19 treatment alternative to incarceration program, 

20 which may include— 

21 ‘‘(A) pre-booking or post-booking compo22 nents, which may include the activities de23 scribed in part DD or HH of this title; 

24 ‘‘(B) training for criminal justice agency 

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1 curring mental illness and substance use dis2 orders; 

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

4 activities described in part V of this title; 

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

6 described in part EE of this title; 

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

8 including the activities described in subsection 

9 (i) of section 2991 of this title; 

10 ‘‘(F) a focus on parents whose incarcer11 ation could result in their children entering the 

12 child welfare system; and 

13 ‘‘(G) a community-based substance use di14 version program sponsored by a law enforce15 ment agency. 

16 ‘‘(2) In the case of a State, facilitating or en17 hancing planning and collaboration between State 

18 criminal justice agencies and State substance abuse 

19 systems in order to more efficiently and effectively 

20 carry out programs described in paragraph (1) that 

21 address problems related to opioid abuse. 

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

23 responders on carrying and administering an opioid 

24 overdose reversal drug or device approved by the 

25 Food and Drug Administration, and purchasing 


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1 such a drug or device for first responders who have 

2 received such training to carry and administer. 

3 ‘‘(4) Investigative purposes to locate or inves4 tigate illicit activities related to the unlawful dis5 tribution of opioids. 

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

7 medication-assisted treatment program used or oper8 ated by a criminal justice agency, which may include 

9 training criminal justice agency personnel on medi10 cation-assisted treatment, and carrying out the ac11 tivities described in part S of this title. 

12 ‘‘(6) In the case of a State, developing, imple13 menting, or expanding a prescription drug moni14 toring program to collect and analyze data related to 

15 the prescribing of schedules II, III, and IV con16 trolled substances through a centralized database 

17 administered by an authorized State agency, which 

18 includes tracking the dispensation of such sub19 stances, and providing for interoperability and data 

20 sharing with other States. 

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

22 program to prevent and address opioid abuse by ju23 veniles. 

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

25 integrated and comprehensive opioid abuse response 


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1 program, including prevention and recovery pro2 grams. 

3 ‘‘(9) Developing, implementing, or expanding a 

4 program (which may include demonstration projects) 

5 to utilize technology that provides a secure container 

6 for prescription drugs that would prevent individ7 uals, particularly adolescents, from gaining access to 

8 opioid medications that are lawfully prescribed for 

9 other individuals. 

10 ‘‘(10) Developing, implementing, or expanding a 

11 program to prevent and address opioid abuse by vet12 erans. 

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

14 prescription drug take-back program. 

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

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

17 under this subpart for purposes authorized by subsection 

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

19 or make one or more subawards to one or more— 

20 ‘‘(1) local or regional organizations that are pri21 vate and nonprofit, including faith-based organiza22 tions; 

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

24 ‘‘(3) tribal organizations. 


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1 ‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIV2 ER.— 

3 ‘‘(1) PROGRAM ASSESSMENT COMPONENT.— 

4 Each program funded under this subpart shall con5 tain a program assessment component, developed 

6 pursuant to guidelines established by the Attorney 

7 General, in coordination with the National Institute 

8 of Justice. 

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

10 waive the requirement of paragraph (1) with respect 

11 to a program if, in the opinion of the Attorney Gen12 eral, the program is not of sufficient size to justify 

13 a full program assessment. 

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

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

16 for costs incurred to administer such grant. 

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

18 this part may not be longer than 4 years, except that re19 newals and extensions beyond that period may be granted 

20 at the discretion of the Attorney General. 

21 ‘‘SEC. 3022. APPLICATIONS. 

22 ‘‘To request a grant under this part, the chief execu23 tive officer of a State, unit of local government, or Indian 

24 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. EQUITABLE DISTRIBUTION OF FUNDS. 

15 ‘‘In awarding grants under this part, the Attorney 

16 General shall ensure equitable distribution of funds based 

17 on the following: 

18 ‘‘(1) The geographic distribution of grants 

19 under this part, taking into consideration the needs 

20 of underserved populations, including rural and trib21 al communities. 

22 ‘‘(2) The needs of communities to address the 

23 problems related to opioid abuse, taking into consid24 eration the prevalence of opioid abuse and overdose25 related death in a community. 


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1 ‘‘SEC. 3025. DEFINITIONS. 

2 ‘‘In this part: 

3 ‘‘(1) The term ‘first responder’ includes a fire4 fighter, law enforcement officer, paramedic, emer5 gency medical technician, or other individual (includ6 ing an employee of a legally organized and recog7 nized volunteer organization, whether compensated 

8 or not), who, in the course of professional duties, re9 sponds to fire, medical, hazardous material, or other 

10 similar emergencies. 

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

12 means the use of medications approved by the Food 

13 and Drug Administration for the treatment of opioid 

14 abuse. 

15 ‘‘(3) The term ‘opioid’ means any drug, includ16 ing heroin, having an addiction-forming or addiction17 sustaining liability similar to morphine or being ca18 pable of conversion into a drug having such addic19 tion-forming or addiction-sustaining liability. 

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

21 substance’ means a controlled substance that is list22 ed on schedule II, schedule III, or schedule IV of 

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

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

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

26 meanings given those terms in section 201 of the 


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

2 321). 

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

4 a State, local, or tribal— 

5 ‘‘(A) court; 

6 ‘‘(B) prison; 

7 ‘‘(C) jail; 

8 ‘‘(D) law enforcement agency; or 

9 ‘‘(E) other agency that performs the ad10 ministration of criminal justice, including pros11 ecution, pretrial services, and community super12 vision. 

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

14 meaning given that term in section 4 of the Indian 

15 Self-Determination and Education Assistance Act 

16 (25 U.S.C. 450b).’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 1001(a) of the Omnibus Crime Control and Safe Streets 

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

20 after paragraph (26) the following: 

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

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

23 years 2017 through 2021.’’. 

24 SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES. 

25 (a) DEFINITIONS.—In this section— 


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

2 grant program operated by the Department of Jus3 tice; 

4 (2) the term ‘‘covered grantee’’ means a recipi5 ent of a grant from a covered grant program; 

6 (3) the term ‘‘nonprofit’’, when used with re7 spect to an organization, means an organization that 

8 is described in section 501(c)(3) of the Internal Rev9 enue Code of 1986, and is exempt from taxation 

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

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

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

13 Inspector General of the Department of Justice that 

14 a covered grantee has used grant funds awarded to 

15 that grantee under a covered grant program for an 

16 unauthorized expenditure or otherwise unallowable 

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

18 period prior to the date on which the final audit re19 port is issued. 

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

21 2016, and annually thereafter, the Inspector General of 

22 the Department of Justice shall conduct audits of covered 

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

24 awarded under covered grant programs. The Inspector 


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1 General shall determine the appropriate number of cov2 ered grantees to be audited each year. 

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

4 found to have an unresolved audit finding under an audit 

5 conducted under subsection (b) may not receive grant 

6 funds under a covered grant program in the fiscal year 

7 following the fiscal year to which the finding relates. 

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

9 awarded funds under the covered grant program from 

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

11 period during which the covered grantee is ineligible for 

12 an allocation of grant funds under subsection (c), the At13 torney General shall— 

14 (1) deposit into the General Fund of the Treas15 ury an amount that is equal to the amount of the 

16 grant funds that were improperly awarded to the 

17 covered grantee; and 

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

19 to the Fund from the covered grantee that was im20 properly awarded the grant funds. 

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

22 General, in awarding grants under a covered grant pro23 gram shall give priority to eligible entities that during the 

24 2-year period preceding the application for a grant have 

25 not been found to have an unresolved audit finding. 


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1 (f) NONPROFIT REQUIREMENTS.— 

2 (1) PROHIBITION.—A nonprofit organization 

3 that holds money in offshore accounts for the pur4 pose of avoiding the tax described in section 511(a) 

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

6 eligible to receive, directly or indirectly, any funds 

7 from a covered grant program. 

8 (2) DISCLOSURE.—Each nonprofit organization 

9 that is a covered grantee shall disclose in its applica10 tion for such a grant, as a condition of receipt of 

11 such a grant, the compensation of its officers, direc12 tors, and trustees. Such disclosure shall include a 

13 description of the criteria relied on to determine 

14 such compensation. 

15 SEC. 4. VETERANS TREATMENT COURTS. 

16 Section 2991 of the Omnibus Crime Control and Safe 

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

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

19 (j); and 

20 (2) by inserting after subsection (h) the fol21 lowing: 

22 ‘‘(i) ASSISTING VETERANS.— 

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

24 ‘‘(A) PEER TO PEER SERVICES OR PRO25 GRAMS.—The term ‘peer to peer services or 


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1 programs’ means services or programs that con2 nect qualified veterans with other veterans for 

3 the purpose of providing support and 

4 mentorship to assist qualified veterans in ob5 taining treatment, recovery, stabilization, or re6 habilitation. 

7 ‘‘(B) QUALIFIED VETERAN.—The term 

8 ‘qualified veteran’ means a preliminarily quali9 fied offender who— 

10 ‘‘(i) served on active duty in any 

11 branch of the Armed Forces, including the 

12 National Guard or Reserves; and 

13 ‘‘(ii) was discharged or released from 

14 such service under conditions other than 

15 dishonorable. 

16 ‘‘(C) VETERANS TREATMENT COURT PRO17 GRAM.—The term ‘veterans treatment court 

18 program’ means a court program involving col19 laboration among criminal justice, veterans, and 

20 mental health and substance abuse agencies 

21 that provides qualified veterans with— 

22 ‘‘(i) intensive judicial supervision and 

23 case management, which may include ran24 dom and frequent drug testing where ap25 propriate; 


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1 ‘‘(ii) a full continuum of treatment 

2 services, including mental health services, 

3 substance abuse services, medical services, 

4 and services to address trauma; 

5 ‘‘(iii) alternatives to incarceration; or 

6 ‘‘(iv) other appropriate services, in7 cluding housing, transportation, mentoring, 

8 employment, job training, education, or as9 sistance in applying for and obtaining 

10 available benefits. 

11 ‘‘(2) VETERANS ASSISTANCE PROGRAM.— 

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

13 in consultation with the Secretary of Veterans 

14 Affairs, may award grants under this sub15 section to applicants to establish or expand— 

16 ‘‘(i) veterans treatment court pro17 grams; 

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

19 for qualified veterans; 

20 ‘‘(iii) practices that identify and pro21 vide treatment, rehabilitation, legal, transi22 tional, and other appropriate services to 

23 qualified veterans who have been incarcer24 ated; or 


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1 ‘‘(iv) training programs to teach 

2 criminal justice, law enforcement, correc3 tions, mental health, and substance abuse 

4 personnel how to identify and appro5 priately respond to incidents involving 

6 qualified veterans. 

7 ‘‘(B) PRIORITY.—In awarding grants 

8 under this subsection, the Attorney General 

9 shall give priority to applications that— 

10 ‘‘(i) demonstrate collaboration be11 tween and joint investments by criminal 

12 justice, mental health, substance abuse, 

13 and veterans service agencies; 

14 ‘‘(ii) promote effective strategies to 

15 identify and reduce the risk of harm to 

16 qualified veterans and public safety; and 

17 ‘‘(iii) propose interventions with em18 pirical support to improve outcomes for 

19 qualified veterans.’’. 

20 SEC. 5. EMERGENCY FEDERAL LAW ENFORCEMENT ASSIST21 ANCE. 

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

23 1984 (42 U.S.C. 10513(a)) is amended by striking ‘‘Sep24 tember 30, 1984’’ and inserting ‘‘September 30, 2021’’. 


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1 SEC. 6. INCLUSION OF SERVICES FOR PREGNANT WOMEN 

2 UNDER FAMILY-BASED SUBSTANCE ABUSE 

3 GRANTS. 

4 Part DD of title I of the Omnibus Crime Control and 

5 Safe Streets Act (42 U.S.C. 3797s et seq.) is amended— 

6 (1) in section 2921(2), by inserting before the 

7 period at the end ‘‘or pregnant women’’; and 

8 (2) in section 2927— 

9 (A) in paragraph (1)(A), by inserting 

10 ‘‘pregnant or’’ before ‘‘a parent’’; and 

11 (B) in paragraph (3), by inserting ‘‘or 

12 pregnant women’’ after ‘‘incarcerated parents’’. 

13 SEC. 7. GAO STUDY AND REPORT ON DEPARTMENT OF JUS14 TICE PROGRAMS AND RESEARCH RELATIVE 

15 TO SUBSTANCE USE AND SUBSTANCE USE 

16 DISORDERS AMONG ADOLESCENTS AND 

17 YOUNG ADULTS. 

18 (a) STUDY.—The Comptroller General of the United 

19 States shall conduct a study on how the Department of 

20 Justice, through grant programs, is addressing prevention 

21 of, treatment for, and recovery from substance use by and 

22 substance use disorders among adolescents and young 

23 adults. Such study shall include an analysis of each of the 

24 following: 

25 (1) The research that has been, and is being, 

26 conducted or supported pursuant to grant programs 


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1 operated by the Department of Justice on prevention 

2 of, treatment for, and recovery from substance use 

3 by and substance use disorders among adolescents 

4 and young adults, including an assessment of— 

5 (A) such research relative to any unique 

6 circumstances (including social and biological 

7 circumstances) of adolescents and young adults 

8 that may make adolescent-specific and young 

9 adult-specific treatment protocols necessary, in10 cluding any effects that substance use and sub11 stance use disorders may have on brain develop12 ment and the implications for treatment and re13 covery; and 

14 (B) areas of such research in which great15 er investment or focus is necessary relative to 

16 other areas of such research. 

17 (2) Department of Justice non-research pro18 grams and activities that address prevention of, 

19 treatment for, and recovery from substance use by 

20 and substance use disorders among adolescents and 

21 young adults, including an assessment of the effec22 tiveness of such programs and activities in pre23 venting substance use by and substance use dis24 orders among adolescents and young adults, treating 

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1 counts for any unique circumstances faced by ado2 lescents and young adults, and supports long term 

3 recovery among adolescents and young adults. 

4 (3) Gaps that have been identified by officials 

5 of the Department of Justice or experts in the ef6 forts supported by grant programs operated by the 

7 Department of Justice relating to prevention of, 

8 treatment for, and recovery from substance use by 

9 and substance use disorders among adolescents and 

10 young adults, including gaps in research, data collec11 tion, and measures to evaluate the effectiveness of 

12 such efforts, and the reasons for such gaps. 

13 (b) REPORT.—Not later than 2 years after the date 

14 of enactment of this Act, the Comptroller General shall 

15 submit to the appropriate committees of the Congress a 

16 report containing the results of the study conducted under 

17 subsection (a), including— 

18 (1) a summary of the findings of the study; and 

19 (2) recommendations based on the results of 

20 the study, including recommendations for such areas 


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1 of research and legislative and administrative action 

2 as the Comptroller General determines appropriate. 

Passed the House of Representatives May 12, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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