I 116th CONGRESS 1st Session H. R. 817 IN THE HOUSE OF REPRESENTATIVES January 28, 2019 Ms. Kuster of New Hampshire introduced the following bill; which was referred to the Committee on the Judiciary A BILL To combat the heroin epidemic and drug sample backlogs.

1. Short title This Act may be cited as the Combating the Heroin Epidemic Through Forensic Drug Testing Act of 2019 . 2. Confronting the use of heroin and associated drugs 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: LL Confronting the use of heroin and associated drugs 3021. Authority to make grants to address public safety and heroin distribution, sale, and use (a) Purpose The purpose of this section is to assist States and Indian tribes to— (1) carry out programs to address the distribution, sale, and use of heroin, fentanyl, and associated synthetic drugs; and (2) improve the ability of State, tribal, and local government institutions to carry out such programs. (b) Grant authorization The Attorney General, through the Bureau of Justice Assistance, may make grants to States to address the distribution, sale, and use of heroin, fentanyl, and associated synthetic drugs to enhance public safety. (c) Grant projects To address distribution, sale, and use of heroin, fentanyl, and associated synthetic drugs Grants made under subsection (b) may be used for programs, projects, and other activities to— (1) reimburse State, local, or other forensic science laboratories to help address backlogs of untested samples of heroin, fentanyl, and associated synthetic drugs; (2) reimburse State, local, or other forensic science laboratories for procuring equipment, technology, or other support systems if the applicant for the grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in improved efficiency of laboratory testing and help prevent future backlogs; (3) reimburse State, tribal, and local law enforcement agencies for procuring field-testing equipment for use in the identification or detection of heroin, fentanyl, and associated synthetic drugs; (4) investigate, arrest, and prosecute individuals violating laws related to the distribution or sale of heroin, fentanyl, and associated synthetic drugs; and (5) support State, tribal, and local health department services deployed to address the use of heroin, fentanyl, and associated synthetic drugs. (d) Limitation Not less than 60 percent of the amounts made available to carry out this section shall be awarded for the purposes under paragraph (1) or (2) of subsection (c). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 and 2020. (f) Allocation (1) Population allocation Seventy-five percent of the amount made available to carry out this section in a fiscal year shall be allocated to each State that meets the requirements of section 2802 so that each State shall receive an amount that bears the same ratio to the 75 percent of the total amount made available to carry out this section for that fiscal year as the population of the State bears to the population of all States. (2) Discretionary allocation (A) In general Twenty-five percent of the amount made available to carry out this section in a fiscal year shall be allocated pursuant to the discretion of the Attorney General for competitive grants to States with high rates of primary treatment admissions for heroin and other opioids, for use by State law enforcement agencies. (B) Considerations In making grants under subparagraph (A), the Attorney General shall consider— (i) the average annual number of part 1 violent crimes reported by each State to the Federal Bureau of Investigation for the 3 most recent calendar years for which data is available; and (ii) the existing resources and current needs of the potential grant recipient. (3) Minimum requirement Each State shall receive not less than 0.6 percent of the amount made available to carry out this section in each fiscal year. (4) Certain territories (A) In general For purposes of the allocation under this section, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as 1 State. (B) Allocation amongst certain territories For purposes of subparagraph (A), 67 percent of the amount allocated shall be allocated to American Samoa and 33 percent shall be allocated to the Commonwealth of the Northern Mariana Islands. .