IB 

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 


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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. 


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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’’. 

6 SEC. 2. COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM. 

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

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

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

10 ‘‘PART LL—COMPREHENSIVE OPIOID ABUSE 

11 GRANT PROGRAM 

12 ‘‘SEC. 3021. DESCRIPTION. 

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

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

15 make grants to States, units of local government, and In16 dian tribes, for use by the State, unit of local government, 

17 or Indian tribe to provide services primarily relating to 

18 opioid abuse, including for any one or more of the fol19 lowing: 

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

21 treatment alternative to incarceration program, 

22 which may include— 

23 ‘‘(A) pre-booking or post-booking compo24 nents, which may include the activities de25 scribed in part HH of this title; 


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1 ‘‘(B) training for criminal justice agency 

2 personnel on substance use disorders and co-oc3 curring mental illness and substance use dis4 orders; 

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

6 activities described in part V of this title; 

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

8 described in part EE of this title; and 

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

10 including the activities described in subsection 

11 (i) of section 2991 of this title. 

12 ‘‘(2) In the case of a State, facilitating or en13 hancing planning and collaboration between State 

14 criminal justice agencies and State substance abuse 

15 systems in order to more efficiently and effectively 

16 carry out programs described in paragraph (1) that 

17 address problems related to opioid abuse. 

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

19 responders on carrying and administering an opioid 

20 overdose reversal drug or device approved by the 

21 Food and Drug Administration, and purchasing 

22 such a drug or device for first responders who have 

23 received such training to carry and administer. 


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1 ‘‘(4) Investigative purposes to locate or inves2 tigate illicit activities related to the unlawful dis3 tribution of opioids. 

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

5 medication-assisted treatment program used or oper6 ated by a criminal justice agency, which may include 

7 training criminal justice agency personnel on medi8 cation-assisted treatment, and carrying out the ac9 tivities described in part S of this title. 

10 ‘‘(6) In the case of a State, developing, imple11 menting, or expanding a prescription drug moni12 toring program to collect and analyze data related to 

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

14 substances through a centralized database adminis15 tered by an authorized State agency, which includes 

16 tracking the dispensation of such substances, and 

17 providing for data sharing with other States. 

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

19 program to prevent and address opioid abuse by ju20 veniles. 

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

22 integrated and comprehensive opioid abuse response 

23 program. 

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

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


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1 under this subpart for purposes authorized by subsection 

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

3 or make one or more subawards to one or more— 

4 ‘‘(1) local or regional organizations that are pri5 vate and nonprofit, including faith-based organiza6 tions; 

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

8 ‘‘(3) tribal organizations. 

9 ‘‘(c) PROGRAM ASSESSMENT COMPONENT; WAIV10 ER.— 

11 ‘‘(1) PROGRAM ASSESSMENT COMPONENT.— 

12 Each program funded under this subpart shall con13 tain a program assessment component, developed 

14 pursuant to guidelines established by the Attorney 

15 General, in coordination with the National Institute 

16 of Justice. 

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

18 waive the requirement of paragraph (1) with respect 

19 to a program if, in the opinion of the Attorney Gen20 eral, the program is not of sufficient size to justify 

21 a full program assessment. 

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

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

24 for costs incurred to administer such grant. 


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

2 this part may not be longer than 4 years, except that re3 newals and extensions beyond that period may be granted 

4 at the discretion of the Attorney General. 

5 ‘‘SEC. 3022. APPLICATIONS. 

6 ‘‘To request a grant under this part, the chief execu7 tive officer of a State, unit of local government, or Indian 

8 tribe shall submit an application to the Attorney General 

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

10 may require. Such application shall include the following: 

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

12 available under this subpart will not be used to sup13 plant State, local, or tribal funds, but will be used 

14 to increase the amounts of such funds that would, 

15 in the absence of Federal funds, be made available 

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

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

18 covered by an application, the applicant shall main19 tain and report such data, records, and information 

20 (programmatic and financial) as the Attorney Gen21 eral may reasonably require. 

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

23 to the Attorney General and executed by the chief 

24 executive officer of the applicant (or by another offiVerDate Sep 11 2014 21:24 May 06, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5046.RH H5046

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1 cer of the applicant, if qualified under regulations 

2 promulgated by the Attorney General), that— 

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

4 grant meet all the requirements of this part; 

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

6 application is correct; 

7 ‘‘(C) there has been appropriate coordina8 tion with affected agencies; and 

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

10 provisions of this part and all other applicable 

11 Federal laws. 

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

13 with the Drug Enforcement Administration to de14 velop an integrated and comprehensive strategy to 

15 address opioid abuse. 

16 ‘‘SEC. 3023. REVIEW OF APPLICATIONS. 

17 ‘‘The Attorney General shall not finally disapprove 

18 any application (or any amendment to that application) 

19 submitted under this part without first affording the ap20 plicant reasonable notice of any deficiencies in the applica21 tion and opportunity for correction and reconsideration. 

22 ‘‘SEC. 3024. GEOGRAPHIC DIVERSITY. 

23 ‘‘The Attorney General shall ensure equitable geo24 graphic distribution of grants under this part and take 


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1 into consideration the needs of underserved populations, 

2 including rural and tribal communities. 

3 ‘‘SEC. 3025. DEFINITIONS. 

4 ‘‘In this part: 

5 ‘‘(1) The term ‘first responder’ includes a fire6 fighter, law enforcement officer, paramedic, emer7 gency medical technician, or other individual (includ8 ing an employee of a legally organized and recog9 nized volunteer organization, whether compensated 

10 or not), who, in the course of professional duties, re11 sponds to fire, medical, hazardous material, or other 

12 similar emergencies. 

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

14 means the use of medications approved by the Food 

15 and Drug Administration for the treatment of opioid 

16 abuse. 

17 ‘‘(3) The term ‘opioid’ means any drug, includ18 ing heroin, having an addiction-forming or addiction19 sustaining liability similar to morphine or being ca20 pable of conversion into a drug having such addic21 tion-forming or addiction-sustaining liability. 

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

23 substance’ means a controlled substance that is list24 ed on schedule II, schedule III, or schedule IV of 


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

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

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

4 meanings given those terms in section 201 of the 

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

6 321). 

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

8 a State, local, or tribal— 

9 ‘‘(A) court; 

10 ‘‘(B) prison; 

11 ‘‘(C) jail; 

12 ‘‘(D) law enforcement agency; or 

13 ‘‘(E) other agency that performs the ad14 ministration of criminal justice, including pros15 ecution, pretrial services, and community super16 vision. 

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

18 meaning given that term in section 4 of the Indian 

19 Self-Determination and Education Assistance Act 

20 (25 U.S.C. 450b).’’. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 1001(a) of the Omnibus Crime Control and Safe Streets 

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

24 after paragraph (26) the following: 


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

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

3 years 2017 through 2021.’’. 

4 SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES. 

5 (a) DEFINITIONS.—In this section— 

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

7 grant program operated by the Department of Jus8 tice; 

9 (2) the term ‘‘covered grantee’’ means a recipi10 ent of a grant from a covered grant program; 

11 (3) the term ‘‘nonprofit’’, when used with re12 spect to an organization, means an organization that 

13 is described in section 501(c)(3) of the Internal Rev14 enue Code of 1986, and is exempt from taxation 

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

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

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

18 Inspector General of the Department of Justice that 

19 a covered grantee has used grant funds awarded to 

20 that grantee under a covered grant program for an 

21 unauthorized expenditure or otherwise unallowable 

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

23 period prior to the date on which the final audit re24 port is issued. 


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

2 2016, and annually thereafter, the Inspector General of 

3 the Department of Justice shall conduct audits of covered 

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

5 awarded under covered grant programs. The Inspector 

6 General shall determine the appropriate number of cov7 ered grantees to be audited each year. 

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

9 found to have an unresolved audit finding under an audit 

10 conducted under subsection (b) may not receive grant 

11 funds under a covered grant program in the fiscal year 

12 following the fiscal year to which the finding relates. 

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

14 awarded funds under the covered grant program from 

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

16 period during which the covered grantee is ineligible for 

17 an allocation of grant funds under subsection (c), the At18 torney General shall— 

19 (1) deposit into the General Fund of the Treas20 ury an amount that is equal to the amount of the 

21 grant funds that were improperly awarded to the 

22 covered grantee; and 

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

24 to the Fund from the covered grantee that was im25 properly awarded the grant funds. 


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

2 General, in awarding grants under a covered grant pro3 gram shall give priority to eligible entities that during the 

4 2-year period preceding the application for a grant have 

5 not been found to have an unresolved audit finding. 

6 (f) NONPROFIT REQUIREMENTS.— 

7 (1) PROHIBITION.—A nonprofit organization 

8 that holds money in offshore accounts for the pur9 pose of avoiding the tax described in section 511(a) 

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

11 eligible to receive, directly or indirectly, any funds 

12 from a covered grant program. 

13 (2) DISCLOSURE.—Each nonprofit organization 

14 that is a covered grantee shall disclose in its applica15 tion for such a grant, as a condition of receipt of 

16 such a grant, the compensation of its officers, direc17 tors, and trustees. Such disclosure shall include a 

18 description of the criteria relied on to determine 

19 such compensation. 

20 SEC. 4. VETERANS TREATMENT COURTS. 

21 Section 2991 of the Omnibus Crime Control and Safe 

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

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

24 (j); and 


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1 (2) by inserting after subsection (h) the fol2 lowing: 

3 ‘‘(i) ASSISTING VETERANS.— 

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

5 ‘‘(A) PEER TO PEER SERVICES OR PRO6 GRAMS.—The term ‘peer to peer services or 

7 programs’ means services or programs that con8 nect qualified veterans with other veterans for 

9 the purpose of providing support and 

10 mentorship to assist qualified veterans in ob11 taining treatment, recovery, stabilization, or re12 habilitation. 

13 ‘‘(B) QUALIFIED VETERAN.—The term 

14 ‘qualified veteran’ means a preliminarily quali15 fied offender who— 

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

17 branch of the Armed Forces, including the 

18 National Guard or Reserves; and 

19 ‘‘(ii) was discharged or released from 

20 such service under conditions other than 

21 dishonorable. 

22 ‘‘(C) VETERANS TREATMENT COURT PRO23 GRAM.—The term ‘veterans treatment court 

24 program’ means a court program involving col25 laboration among criminal justice, veterans, and 


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1 mental health and substance abuse agencies 

2 that provides qualified veterans with— 

3 ‘‘(i) intensive judicial supervision and 

4 case management, which may include ran5 dom and frequent drug testing where ap6 propriate; 

7 ‘‘(ii) a full continuum of treatment 

8 services, including mental health services, 

9 substance abuse services, medical services, 

10 and services to address trauma; 

11 ‘‘(iii) alternatives to incarceration; or 

12 ‘‘(iv) other appropriate services, in13 cluding housing, transportation, mentoring, 

14 employment, job training, education, or as15 sistance in applying for and obtaining 

16 available benefits. 

17 ‘‘(2) VETERANS ASSISTANCE PROGRAM.— 

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

19 in consultation with the Secretary of Veterans 

20 Affairs, may award grants under this sub21 section to applicants to establish or expand— 

22 ‘‘(i) veterans treatment court pro23 grams; 

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

25 for qualified veterans; 


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1 ‘‘(iii) practices that identify and pro2 vide treatment, rehabilitation, legal, transi3 tional, and other appropriate services to 

4 qualified veterans who have been incarcer5 ated; or 

6 ‘‘(iv) training programs to teach 

7 criminal justice, law enforcement, correc8 tions, mental health, and substance abuse 

9 personnel how to identify and appro10 priately respond to incidents involving 

11 qualified veterans. 

12 ‘‘(B) PRIORITY.—In awarding grants 

13 under this subsection, the Attorney General 

14 shall give priority to applications that— 

15 ‘‘(i) demonstrate collaboration be16 tween and joint investments by criminal 

17 justice, mental health, substance abuse, 

18 and veterans service agencies; 

19 ‘‘(ii) promote effective strategies to 

20 identify and reduce the risk of harm to 

21 qualified veterans and public safety; and 

22 ‘‘(iii) propose interventions with em23 pirical support to improve outcomes for 

24 qualified veterans.’’. 


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1 SEC. 5. EMERGENCY FEDERAL LAW ENFORCEMENT ASSIST2 ANCE. 

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

4 1984 (42 U.S.C. 10513(a)) is amended by striking ‘‘Sep5 tember 30, 1984’’ and inserting ‘‘September 30, 2021’’. 


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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 

of opioid abuse, and for other purposes. governments in addressing the national epidemic General to make grants to assist State and local Streets Act of 1968 to authorize the Attorney 

MAY 6, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


sradovich on DSK3TPTVN1PROD with BILLS