Comprehensive Opioid Abuse Reduction Act of 2016

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. Short title This Act may be cited as the Comprehensive Opioid Abuse Reduction Act of 2016 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. LL Comprehensive Opioid Abuse Grant Program 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 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; and (E) a veterans treatment court program, including the activities described in subsection (i) of section 2991 of this title. (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 schedule 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 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. (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. 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. 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. 3024. Geographic diversity The Attorney General shall ensure equitable geographic distribution of grants under this part and take into consideration the needs of underserved populations, including rural and tribal communities. 3025. Definitions In this part: (1) The term first responder (2) The term medication-assisted treatment (3) The term opioid (4) The term schedule II, III, or IV controlled substance 21 U.S.C. 812(c) (5) The terms drug device 21 U.S.C. 321 (6) The term criminal justice agency (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 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) (27) There are authorized to be appropriated to carry out part LL $103,000,000 for each of fiscal years 2017 through 2021. . 3. Audit and accountability of grantees (a) Definitions In this section— (1) the term covered grant program (2) the term covered grantee (3) the term nonprofit section 501(c)(3) (4) the term unresolved audit finding (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) (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. 4. Veterans treatment courts Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa (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 (B) Qualified veteran The term qualified veteran (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 (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. . 5. Emergency Federal law enforcement assistance Section 609Y(a) of the Justice Assistance Act of 1984 ( 42 U.S.C. 10513(a) September 30, 1984 September 30, 2021 May 6, 2016 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Comprehensive Opioid Abuse Reduction Act of 2016 (Sec. 2) This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice (DOJ) to award grants to state, local, and tribal governments to provide opioid abuse services, including: enhancing collaboration between criminal justice and substance abuse agencies; developing, implementing, or expanding programs to prevent, treat, or respond to opioid abuse; training first responders to administer opioid overdose reversal drugs; and investigating unlawful opioid distribution activities. (Sec. 3) DOJ's Office of Inspector General must conduct annual audits of selected grant recipients. The bill prohibits grants to nonprofit organizations that hold money in an offshore account to avoid tax liability. (Sec. 4) The bill also authorizes DOJ to award grants to state, local, and tribal governments to establish or expand programs for veterans, including: veterans treatment courts; peer-to-peer services; treatment, rehabilitation, legal, or transitional services to incarcerated veterans; or training for relevant personnel to identify and appropriately respond to incidents. (Sec. 5) To offset the cost, the bill amends the Justice Assistance Act of 1984 to eliminate existing authority for DOJ to award grants under the Emergency Federal Law Enforcement Assistance Program through FY2021. (Sec. 6) It expands specified grant purposes under the Family-Based Substance Abuse Treatment Program to include prison-based family treatment programs for pregnant women. (Sec. 7) The Government Accountability Office must study and report to Congress on how DOJ grant programs address the prevention of, treatment for, and recovery from substance use and substance use disorders among adolescents and young adults.