[House Report 114-539]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-539
======================================================================
COMPREHENSIVE OPIOID ABUSE REDUCTION ACT OF 2016
_______
May 6, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 5046]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (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,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 6
Performance Goals and Objectives................................. 6
Advisory on Earmarks............................................. 6
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose and Summary
H.R. 5046 authorizes the Attorney General to make grants to
States, units of local government, and Indian tribes, for the
purpose of providing services relating to opioid abuse. The
grant program contains eight allowable uses for the grant
funds, which are broadly construed to give states flexibility
in responding to the opioid epidemic within their borders.
Background and Need for the Legislation
In recent years, the United States has experienced a
growing epidemic of prescription drug abuse and heroin use.
Recently, this phenomenon has become commonly known as an
opioid epidemic. An ``opioid'' is a type of narcotic derived
from the opium poppy, which includes naturally-occurring drugs
like morphine or codeine, as well as synthetic or partially
synthetic drugs like hydrocodone (including brand names like
Vicodin), oxycodone (including OxyContin and Percocet), and
heroin. Hydrocodone products are the most commonly prescribed
for a variety of painful conditions, including dental and
injury-related pain. Morphine is often used before and after
surgical procedures to alleviate severe pain. Codeine, on the
other hand, is often prescribed for mild pain.
Non-illicit opioids act by attaching to specific proteins
called opioid receptors, which are found in the brain, spinal
cord, gastrointestinal tract, and other organs in the body.
When these drugs attach to their receptors, they reduce the
user's perception of pain. However, opioids' effect on the body
means that they also have a very high potential for abuse. The
drugs' abuse potential, over-prescribing by the medical
profession, and diversion of prescription opioids from the
legitimate supply chain have all contributed to the ongoing
epidemic. Today, an estimated 46,000 people die each year from
prescription drug overdoses. Not only has the total number of
opioid pain relievers prescribed in the United States
skyrocketed in the past 25 years, but a recent study in the
journal of American Medicine (JAMA) showed that more than half
of chronic prescription drug abusers--meaning those who took
pills for at least 200 days during the past year--received
those pills from prescriptions written for them (27.3 percent)
or friends and family (26 percent).
In response to these and other concerns, the Drug
Enforcement Administration has cracked down on the illicit use
of prescription drugs in recent years, and, in 2014,
rescheduled hydrocodone from Schedule III to Schedule II, which
has led to tighter regulation of ``hydrocodone combination
products.'' In July 2015, the Judiciary Committee held a
hearing on the topic of heroin, which also examined the related
problem of prescription drug abuse. At that hearing, Committee
members heard from government experts at the Federal and local
levels about the growing availability of illicit heroin, which
has not happened by accident. The crackdown on illicit
prescription opioids means they have become very expensive on
the illicit market (sometimes as high as $1 per milligram).
That means that, once a user has become addicted to the opioid,
he or she may not be able to afford the pills. However, as an
opioid itself, heroin has a similar effect on the body, and is
much cheaper. South and Central American drug cartels have
noticed this, and have made a business decision to traffic more
heroin across our Southern border.
H.R. 5046 is intended to continue the fight against opioid
abuse, by creating a comprehensive grant program to address the
problem. The new grant program builds off programs already
being run at the Justice Department to address drug abuse, and
specifically focus on opioid abuse. This legislation is similar
to other proposals to enact new grant programs, but is more
streamlined and condensed. This program is authorized at a
higher level than existing proposals, but is fully offset to
comply with House rules.
Hearings
The Committee on the Judiciary held no hearings on H.R.
5046.
Committee Consideration
On April 27, 2016, the Committee met in open session and
ordered the bill H.R. 5046 favorably reported, without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 5046.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 5046, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 4, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5046, the
``Comprehensive Opioid Abuse Reduction Act of 2016.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Keith Hall,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 5046--Comprehensive Opioid Abuse Reduction Act
of 2016.
As ordered reported by the House Committee on the Judiciary
on April 27, 2016.
SUMMARY
H.R. 5046 would authorize the appropriation of $103 million
annually over the 2017-2021 period for the Department of
Justice (DOJ) to make grants to state, local, and tribal
governments for programs to combat opioid abuse. The bill also
would eliminate the current authorization of appropriations of
$20 million annually over the 2017-2021 period for DOJ to make
grants to state and local governments for law enforcement
emergencies. That grant program last received an appropriation
in 2013 of about $4 million. Assuming appropriation actions
consistent with the bill, CBO estimates that implementing H.R.
5046 would have a net discretionary cost of $248 million over
the 2017-2021 period, and $167 million after 2021.
Enacting the bill would not affect direct spending or
revenues, so pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 5046 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 5046 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 5046 is shown in the
following table. The costs of this legislation fall within
budget function 750 (administration of justice). CBO assumes
that the bill will be enacted near the end of 2016 and that
outlays will follow the historical rate of spending for similar
activities.
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Opioid Abuse Grants
Authorization Level 103 103 103 103 103 515
Estimated Outlays 23 54 74 90 103 344
Eliminate Authorization of Emergency
Law Enforcement Assistance\1\
Authorization Level -20 -20 -20 -20 -20 -100
Estimated Outlays -16 -20 -20 -20 -20 -96
Total Changes
Authorization Level 83 83 83 83 83 415
Estimated Outlays 7 34 54 70 83 248
----------------------------------------------------------------------------------------------------------------
1. The Emergency Law Enforcement Assistance program is currently authorized at $20 million annually. The program
last received on appropriation in 2013 of about $4 million.
PAY-AS-YOU-GO CONSIDERATIONS
None.
INCREASE IN LONG-TERM DIRECT SPENDING AND DEFICITS
CBO estimates that enacting H.R. 5046 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 5046 contains no intergovernmental mandates as defined
in UMRA. State, local, and tribal governments would benefit
from grants authorized in the bill to address epidemics of
opioid abuse and addiction. Any costs to the state or local
governments would result from complying with conditions of
assistance.
ESTIMATED IMPACT ON THE PRIVATE SECTOR
H.R. 5046 contains no private-sector mandates as defined in
UMRA.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz
Impact on State, Local, and Tribal Governments: Rachel Austin
Impact on the Private Sector: Paige Piper/Bach
ESTIMATE APPROVED BY:
H. Samuel Papenfuss
Deputy Assistant Director for Budget Analysis
Duplication of Federal Programs
No provision of H.R. 5046 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5046 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. Sec. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
5046 creates a new comprehensive grant program at the
Department of Justice, and authorizes the Attorney General to
make grants under that program to States, units of local
government, and Indian tribes, for the purpose of providing
services relating to opioid abuse.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 5046 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title. This section cites the short title
of the bill as the ``Comprehensive Opioid Abuse Reduction Act
of 2016.''
Section 2. Comprehensive Opioid Abuse Grant Program. This
section creates a new Federal grant program, to be administered
by the Department of Justice, as Part LL of the Omnibus Crime
Control and Safe Streets Act of 1968.\1\ The new sections are
as follows:
---------------------------------------------------------------------------
\1\Pub. L. No. 90-351, 82 Stat. 197 (1968) (codified at 42 U.S.C.
Sec. 3711 et seq.).
---------------------------------------------------------------------------
Section 3021: This section authorizes the Attorney General
to make grants to States, units of local government, and Indian
tribes, for the purpose of providing services relating to
opioid abuse. The grant program contains eight allowable uses
for the grant funds, which are broadly construed to give states
flexibility in responding to the opioid epidemic within their
borders.
Briefly, the allowable uses include: (1) alternatives to
incarceration programs; (2) collaboration between criminal
justice agencies and substance abuse systems; (3) training for
first responders in carrying and administering opioid overdose
reversal drugs (including naloxone); (4) investigative purposes
related to unlawful distribution of opioids; (5) medication-
assisted treatment by criminal justice agencies; (6)
prescription drug monitoring programs; (7) programs
specifically targeted to juvenile opioid abuse; and (8) for a
jurisdiction to develop its own comprehensive opioid abuse
reduction program. This section also allows grantees to make
subawards to local and regional non-profit organizations,
including faith-based organizations.
Section 3022: This section lays out the process by which a
potential grantee may apply for a grant, and imposes general
requirements for recordkeeping and data reporting during the
pendency of a grant. This section also requires each grantee to
work with the Drug Enforcement Administration (DEA) to develop
a comprehensive strategy for addressing opioid abuse.
Section 3023: This section provides that the Attorney
General may not reject an application without giving a
potential grantee notice of the deficiencies in the application
and an opportunity to correct them.
Section 3024: This section requires the Attorney General to
ensure equitable geographic distribution of the grant funds,
and to take into consideration the needs of rural and tribal
communities.
Section 3025: This section contains definitions for the
various terms used in the bill. This section also provides for
an authorized funding level of $103 million annually, all of
which is fully offset.
Section 3. Audit and Accountability of Grantees. This
section requires the DOJ Inspector General, at his discretion,
to conduct audits of covered grantees to prevent waste, fraud,
and abuse of funds. This section prohibits grantees with
unresolved audit findings from receiving grants in the
following fiscal year, and prioritizes grantees that do not
have such findings. If a grantee nevertheless receives funds
inappropriately, this section also compels DOJ to reimburse the
Treasury for the amount awarded, and to seek to recoup the
funds from the grantee.
With respect to nonprofit organizations, this section
prohibits nonprofits that hold money in offshore accounts for
the purpose of avoiding certain Federal taxes\2\ from applying
for grants. It also requires nonprofit organizations to
disclose, in a grant application, the compensation of its Board
of Directors. This section further prohibits nonprofits from
using funds awarded under this Act to lobby Federal, state, or
local government representatives regarding the award of grant
funding. If a grantee nevertheless does so, this section
requires DOJ to compel the grantee to repay the grant in full,
and to prohibit the grantee from receiving a further grant
under the program from which it received an award for at least
5 years.
---------------------------------------------------------------------------
\2\26 U.S.C. Sec. 511(a).
---------------------------------------------------------------------------
Section 4. Veterans Treatment Courts. This section defines
``qualified veterans'' under this section as those that have
served active duty in any branch of the Armed Services and have
been discharged under conditions other than dishonorable.
Additionally, it provides a definitional framework for ``peer-
to peer'' programs, ``veterans treatment court'' programs, and
``veterans assistance'' programs that are eligible under this
section.
Section 5. Emergency Federal Law Enforcement Assistance.
This section amends the Emergency Federal Law Enforcement
Assistance Program\3\ to authorize the appropriation of $100
million over 5 years in additional funding to support Federal
anti-opioid programs.
---------------------------------------------------------------------------
\3\42 U.S.C. Sec. 10513(a).
---------------------------------------------------------------------------
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part J--Funding
authorization of appropriations
Sec. 1001. (a)(1) There is authorized to be appropriated
$30,000,000 for fiscal year 1992 and $33,000,000 for each of
the fiscal years 1994 and 1995 to carry out the functions of
the Bureau of Justice Statistics.
(2) There is authorized to be appropriated $30,000,000 for
fiscal year 1992 and $33,000,000 for each of the fiscal years
1994 and 1995 to carry out the functions of the National
Institute of Justice.
(3) There are authorized to be appropriated such sums as
may be necessary for fiscal year 1992 and $28,000,000 for each
of the fiscal years 1994 and 1995 to carry out the remaining
functions of the Office of Justice Programs and the Bureau of
Justice Assistance other than functions under parts D, E, F, G,
L, M, N, O, P, Q, or R or EE.
(4) There are authorized to be appropriated for each fiscal
year such sums as may be necessary to carry out part L of this
title.
(5) There are authorized to be appropriated such sums as
may be necessary for fiscal year 1992 and $1,000,000,000 for
each of the fiscal years 1994 and 1995 to carry out the
programs under parts D and E (other than chapter B of subpart
2) (other than chapter B of subpart 2 of part E) of this title.
(6) There are authorized to be appropriated such sums as
may be necessary for fiscal year 1992, $245,000,000 for fiscal
year 1993, and such sums as may be necessary for fiscal year
1994 and 1995 to carry out chapter B of subpart 2 of part E of
this title.
(7) There is authorized to be appropriated to carry out
part N $1,000,000 for each of fiscal years 2001 through 2005.
(8) There are authorized to be appropriated such sums as
may be necessary for fiscal year 1992, $16,500,000 for fiscal
year 1993, and such sums as may be necessary for fiscal year
1994 and 1995.
(9) There are authorized to be appropriated to carry out
part O--
(A) $24,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $50,000,000 for fiscal year 1998;
(D) $60,000,000 for fiscal year 1999; and
(E) $66,000,000 for fiscal year 2000.
(10) There are authorized to be appropriated $10,000,000
for each of the fiscal years 1994, 1995, and 1996 to carry out
projects under part P.
(11)(A) There are authorized to be appropriated to carry
out part Q, to remain available until expended $1,047,119,000
for each of fiscal years 2006 through 2009.
(B) Of funds available under part Q in any fiscal year, up
to 3 percent may be used for technical assistance under section
1701(d) or for evaluations or studies carried out or
commissioned by the Attorney General in furtherance of the
purposes of part Q. Of the remaining funds, 50 percent shall be
allocated for grants pursuant to applications submitted by
units of local government or law enforcement agencies having
jurisdiction over areas with populations exceeding 150,000 or
by public and private entities that serve areas with
populations exceeding 150,000, and 50 percent shall be
allocated for grants pursuant to applications submitted by
units of local government or law enforcement agencies having
jurisdiction over areas with populations 150,000 or less or by
public and private entities that serve areas with populations
150,000 or less. In view of the extraordinary need for law
enforcement assistance in Indian country, an appropriate amount
of funds available under part Q shall be made available for
grants to Indian tribal governments or tribal law enforcement
agencies.
(16) There are authorized to be appropriated to carry out
projects under part R--
(A) $20,000,000 for fiscal year 1996;
(B) $25,000,000 for fiscal year 1997;
(C) $30,000,000 for fiscal year 1998;
(D) $35,000,000 for fiscal year 1999; and
(E) $40,000,000 for fiscal year 2000.
(17) There are authorized to be appropriated to carry out
the projects under part S--
(A) $27,000,000 for fiscal year 1996;
(B) $36,000,000 for fiscal year 1997;
(C) $63,000,000 for fiscal year 1998;
(D) $72,000,000 for fiscal year 1999; and
(E) $72,000,000 for fiscal year 2000.
(18) There is authorized to be appropriated to carry out
part T $222,000,000 for each of fiscal years 2014 through 2018.
(19) There is authorized to be appropriated to carry out
part U $73,000,000 for each of fiscal years 2014 through 2018.
Funds appropriated under this paragraph shall remain available
until expended.
(20) There are authorized to be appropriated to carry out
part V, $10,000,000 for each of fiscal years 2001 through 2004.
(21) There are authorized to be appropriated to carry out
part W--
(1) $2,500,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,500,000 for fiscal year 2000.
(22) There are authorized to be appropriated to carry out
part X--
(1) $1,000,000 for fiscal year 1996;
(2) $3,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $13,500,000 for fiscal year 1999; and
(5) $17,500,000 for fiscal year 2000.
(23) There are authorized to be appropriated to carry out
part Y, $25,000,000 for each of fiscal years 1999 through 2001,
and $50,000,000 for each of fiscal years 2002 through 2012.
(24) There are authorized to be appropriated to carry out
part BB, to remain available until expended--
(A) $35,000,000 for fiscal year 2001;
(B) $85,400,000 for fiscal year 2002;
(C) $134,733,000 for fiscal year 2003;
(D) $128,067,000 for fiscal year 2004;
(E) $56,733,000 for fiscal year 2005;
(F) $42,067,000 for fiscal year 2006;
(G) $20,000,000 for fiscal year 2007;
(H) $20,000,000 for fiscal year 2008; and
(I) $20,000,000 for fiscal year 2009.
(25)(A) Except as provided in subparagraph (C), there are
authorized to be appropriated to carry out part EE--
(i) $50,000,000 for fiscal year 2002;
(ii) $54,000,000 for fiscal year 2003;
(iii) $58,000,000 for fiscal year 2004; and
(iv) $60,000,000 for fiscal year 2005.
(v) $70,000,000 for each of fiscal years
2007 and 2008.
(v) $70,000,000 for fiscal year 2006.
(B) The Attorney General shall reserve not less than 1
percent and not more than 4.5 percent of the sums appropriated
for this program in each fiscal year for research and
evaluation of this program.
(C) No funds made available to carry out part EE shall be
expended if the Attorney General fails to submit the report
required to be submitted under section 2401(c) of title II of
Division B of the 21st Century Department of Justice
Appropriations Authorization Act.
(26) There are authorized to be appropriated to
carry out part CC $10,000,000 for each of fiscal years
2009 and 2010.
(27) There are authorized to be appropriated to
carry out part LL $103,000,000 for each of fiscal years
2017 through 2021.
(b) Funds appropriated for any fiscal year may remain
available for obligation until expended.
(c) Notwithstanding any other provision of law, no funds
appropriated under this section for part E of this title may be
transferred or reprogrammed for carrying out any activity which
is not authorized under such part.
* * * * * * *
PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS
SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.
(a) Definitions.--In this section, the following
definitions shall apply:
(1) Applicant.--The term ``applicant'' means
States, units of local government, Indian tribes, and
tribal organizations that apply for a grant under this
section.
(2) Collaboration program.--The term
``collaboration program'' means a program to promote
public safety by ensuring access to adequate mental
health and other treatment services for mentally ill
adults or juveniles that is overseen cooperatively by--
(A) a criminal or juvenile justice agency
or a mental health court; and
(B) a mental health agency.
(3) Criminal or juvenile justice agency.--The term
``criminal or juvenile justice agency'' means an agency
of a State or local government or its contracted agency
that is responsible for detection, arrest, enforcement,
prosecution, defense, adjudication, incarceration,
probation, or parole relating to the violation of the
criminal laws of that State or local government.
(4) Diversion and alternative prosecution and
sentencing.--
(A) In general.--The terms ``diversion''
and ``alternative prosecution and sentencing''
mean the appropriate use of effective mental
health treatment alternatives to juvenile
justice or criminal justice system
institutional placements for preliminarily
qualified offenders.
(B) Appropriate use.--In this paragraph,
the term ``appropriate use'' includes the
discretion of the judge or supervising
authority, the leveraging of graduated
sanctions to encourage compliance with
treatment, and law enforcement diversion,
including crisis intervention teams.
(C) Graduated sanctions.--In this
paragraph, the term ``graduated sanctions''
means an accountability-based graduated series
of sanctions (including incentives, treatments,
and services) applicable to mentally ill
offenders within both the juvenile and adult
justice system to hold individuals accountable
for their actions and to protect communities by
providing appropriate sanctions for inducing
law-abiding behavior and preventing subsequent
involvement in the criminal justice system.
(5) Mental health agency.--The term ``mental health
agency'' means an agency of a State or local government
or its contracted agency that is responsible for mental
health services or co-occurring mental health and
substance abuse services.
(6) Mental health court.--The term ``mental health
court'' means a judicial program that meets the
requirements of part V of this title.
(7) Mental illness.--The term ``mental illness''
means a diagnosable mental, behavioral, or emotional
disorder--
(A) of sufficient duration to meet
diagnostic criteria within the most recent
edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the
American Psychiatric Association; and
(B)(i) that, in the case of an adult, has
resulted in functional impairment that
substantially interferes with or limits 1 or
more major life activities; or
(ii) that, in the case of a juvenile, has
resulted in functional impairment that
substantially interferes with or limits the
juvenile's role or functioning in family,
school, or community activities.
(8) Nonviolent offense.--The term ``nonviolent
offense'' means an offense that does not have as an
element the use, attempted use, or threatened use of
physical force against the person or property of
another or is not a felony that by its nature involves
a substantial risk that physical force against the
person or property of another may be used in the course
of committing the offense.
(9) Preliminarily qualified offender.--The term
``preliminarily qualified offender'' means an adult or
juvenile accused of a nonviolent offense who--
(A)(i) previously or currently has been
diagnosed by a qualified mental health
professional as having a mental illness or co-
occurring mental illness and substance abuse
disorders; or
(ii) manifests obvious signs of mental
illness or co-occurring mental illness and
substance abuse disorders during arrest or
confinement or before any court; and
(B) has faced, is facing, or could face
criminal charges for a misdemeanor or
nonviolent offense and is deemed eligible by a
diversion process, designated pretrial
screening process, or by a magistrate or judge,
on the ground that the commission of the
offense is the product of the person's mental
illness.
(10) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(11) Unit of local government.--The term ``unit of
local government'' means any city, county, township,
town, borough, parish, village, or other general
purpose political subdivision of a State, including a
State court, local court, or a governmental agency
located within a city, county, township, town, borough,
parish, or village.
(b) Planning and Implementation Grants.--
(1) In general.--The Attorney General, in
consultation with the Secretary, may award nonrenewable
grants to eligible applicants to prepare a
comprehensive plan for and implement an adult or
juvenile collaboration program, which targets
preliminarily qualified offenders in order to promote
public safety and public health.
(2) Purposes.--Grants awarded under this section
shall be used to create or expand--
(A) mental health courts or other court-
based programs for preliminarily qualified
offenders;
(B) programs that offer specialized
training to the officers and employees of a
criminal or juvenile justice agency and mental
health personnel serving those with co-
occurring mental illness and substance abuse
problems in procedures for identifying the
symptoms of preliminarily qualified offenders
in order to respond appropriately to
individuals with such illnesses;
(C) programs that support cooperative
efforts by criminal and juvenile justice
agencies and mental health agencies to promote
public safety by offering mental health
treatment services and, where appropriate,
substance abuse treatment services for--
(i) preliminarily qualified
offenders with mental illness or co-
occurring mental illness and substance
abuse disorders; or
(ii) adult offenders with mental
illness during periods of
incarceration, while under the
supervision of a criminal justice
agency, or following release from
correctional facilities; and
(D) programs that support intergovernmental
cooperation between State and local governments
with respect to the mentally ill offender.
(3) Applications.--
(A) In general.--To receive a planning
grant or an implementation grant, the joint
applicants shall prepare and submit a single
application to the Attorney General at such
time, in such manner, and containing such
information as the Attorney General and the
Secretary shall reasonably require. An
application under part V of this title may be
made in conjunction with an application under
this section.
(B) Combined planning and implementation
grant application.--The Attorney General and
the Secretary shall develop a procedure under
which applicants may apply at the same time and
in a single application for a planning grant
and an implementation grant, with receipt of
the implementation grant conditioned on
successful completion of the activities funded
by the planning grant.
(4) Planning grants.--
(A) Application.--The joint applicants may
apply to the Attorney General for a
nonrenewable planning grant to develop a
collaboration program.
(B) Contents.--The Attorney General and the
Secretary may not approve a planning grant
unless the application for the grant includes
or provides, at a minimum, for a budget and a
budget justification, a description of the
outcome measures that will be used to measure
the effectiveness of the program in promoting
public safety and public health, the activities
proposed (including the provision of substance
abuse treatment services, where appropriate)
and a schedule for completion of such
activities, and the personnel necessary to
complete such activities.
(C) Period of grant.--A planning grant
shall be effective for a period of 1 year,
beginning on the first day of the month in
which the planning grant is made. Applicants
may not receive more than 1 such planning
grant.
(D) Amount.--The amount of a planning grant
may not exceed $75,000, except that the
Attorney General may, for good cause, approve a
grant in a higher amount.
(E) Collaboration set aside.--Up to 5
percent of all planning funds shall be used to
foster collaboration between State and local
governments in furtherance of the purposes set
forth in the Mentally Ill Offender Treatment
and Crime Reduction Act of 2004.
(5) Implementation grants.--
(A) Application.--Joint applicants that
have prepared a planning grant application may
apply to the Attorney General for approval of a
nonrenewable implementation grant to develop a
collaboration program.
(B) Collaboration.--To receive an
implementation grant, the joint applicants
shall--
(i) document that at least 1
criminal or juvenile justice agency
(which can include a mental health
court) and 1 mental health agency will
participate in the administration of
the collaboration program;
(ii) describe the responsibilities
of each participating agency, including
how each agency will use grant
resources to provide supervision of
offenders and jointly ensure that the
provision of mental health treatment
services and substance abuse services
for individuals with co-occurring
mental health and substance abuse
disorders are coordinated, which may
range from consultation or
collaboration to integration in a
single setting or treatment model;
(iii) in the case of an application
from a unit of local government,
document that a State mental health
authority has provided comment and
review; and
(iv) involve, to the extent
practicable, in developing the grant
application--
(I) preliminarily qualified
offenders;
(II) the families and
advocates of such individuals
under subclause (I); and
(III) advocates for victims
of crime.
(C) Content.--To be eligible for an
implementation grant, joint applicants shall
comply with the following:
(i) Definition of target
population.--Applicants for an
implementation grant shall--
(I) describe the population
with mental illness or co-
occurring mental illness and
substance abuse disorders that
is targeted for the
collaboration program; and
(II) develop guidelines
that can be used by personnel
of an adult or juvenile justice
agency to identify
preliminarily qualified
offenders.
(ii) Services.--Applicants for an
implementation grant shall--
(I) ensure that
preliminarily qualified
offenders who are to receive
treatment services under the
collaboration program will
first receive individualized,
validated, needs-based
assessments to determine, plan,
and coordinate the most
appropriate services for such
individuals;
(II) specify plans for
making mental health, or mental
health and substance abuse,
treatment services available
and accessible to preliminarily
qualified offenders at the time
of their release from the
criminal justice system,
including outside of normal
business hours;
(III) ensure that there are
substance abuse personnel
available to respond
appropriately to the treatment
needs of preliminarily
qualified offenders;
(IV) determine eligibility
for Federal benefits;
(V) ensure that
preliminarily qualified
offenders served by the
collaboration program will have
adequate supervision and access
to effective and appropriate
community-based mental health
services, including, in the
case of individuals with co-
occurring mental health and
substance abuse disorders,
coordinated services, which may
range from consultation or
collaboration to integration in
a single setting treatment
model;
(VI) make available, to the
extent practicable, other
support services that will
ensure the preliminarily
qualified offender's successful
reintegration into the
community (such as housing,
education, job placement,
mentoring, and health care and
benefits, as well as the
services of faith-based and
community organizations for
mentally ill individuals served
by the collaboration program);
and
(VII) include strategies,
to the extent practicable, to
address developmental and
learning disabilities and
problems arising from a
documented history of physical
or sexual abuse.
(D) Housing and job placement.--Recipients
of an implementation grant may use grant funds
to assist mentally ill offenders compliant with
the program in seeking housing or employment
assistance.
(E) Policies and procedures.--Applicants
for an implementation grant shall strive to
ensure prompt access to defense counsel by
criminal defendants with mental illness who are
facing charges that would trigger a
constitutional right to counsel.
(F) Financial.--Applicants for an
implementation grant shall--
(i) explain the applicant's
inability to fund the collaboration
program adequately without Federal
assistance;
(ii) specify how the Federal
support provided will be used to
supplement, and not supplant, State,
local, Indian tribe, or tribal
organization sources of funding that
would otherwise be available, including
billing third-party resources for
services already covered under programs
(such as Medicaid, Medicare, and the
State Children's Insurance Program);
and
(iii) outline plans for obtaining
necessary support and continuing the
proposed collaboration program
following the conclusion of Federal
support.
(G) Outcomes.--Applicants for an
implementation grant shall--
(i) identify methodology and
outcome measures, as required by the
Attorney General and the Secretary, to
be used in evaluating the effectiveness
of the collaboration program;
(ii) ensure mechanisms are in place
to capture data, consistent with the
methodology and outcome measures under
clause (i); and
(iii) submit specific agreements
from affected agencies to provide the
data needed by the Attorney General and
the Secretary to accomplish the
evaluation under clause (i).
(H) State plans.--Applicants for an
implementation grant shall describe how the
adult or juvenile collaboration program relates
to existing State criminal or juvenile justice
and mental health plans and programs.
(I) Use of funds.--Applicants that receive
an implementation grant may use funds for 1 or
more of the following purposes:
(i) Mental health courts and
diversion/alternative prosecution and
sentencing programs.--Funds may be used
to create or expand existing mental
health courts that meet program
requirements established by the
Attorney General under part V of this
title, other court-based programs, or
diversion and alternative prosecution
and sentencing programs (including
crisis intervention teams and treatment
accountability services for
communities) that meet requirements
established by the Attorney General and
the Secretary.
(ii) Training.--Funds may be used
to create or expand programs, such as
crisis intervention training, which
offer specialized training to--
(I) criminal justice system
personnel to identify and
respond appropriately to the
unique needs of preliminarily
qualified offenders; or
(II) mental health system
personnel to respond
appropriately to the treatment
needs of preliminarily
qualified offenders.
(iii) Service delivery.--Funds may
be used to create or expand programs
that promote public safety by providing
the services described in subparagraph
(C)(ii) to preliminarily qualified
offenders.
(iv) In-jail and transitional
services.--Funds may be used to promote
and provide mental health treatment and
transitional services for those
incarcerated or for transitional re-
entry programs for those released from
any penal or correctional institution.
(J) Geographic distribution of grants.--The
Attorney General, in consultation with the
Secretary, shall ensure that planning and
implementation grants are equitably distributed
among the geographical regions of the United
States and between urban and rural populations.
(c) Priority.--The Attorney General, in awarding funds
under this section, shall give priority to applications that--
(1) promote effective strategies by law enforcement
to identify and to reduce risk of harm to mentally ill
offenders and public safety;
(2) promote effective strategies for identification
and treatment of female mentally ill offenders;
(3) promote effective strategies to expand the use
of mental health courts, including the use of pretrial
services and related treatment programs for offenders;
or
(4)(A) demonstrate the strongest commitment to
ensuring that such funds are used to promote both
public health and public safety;
(B) demonstrate the active participation of each
co-applicant in the administration of the collaboration
program;
(C) document, in the case of an application for a
grant to be used in whole or in part to fund treatment
services for adults or juveniles during periods of
incarceration or detention, that treatment programs
will be available to provide transition and reentry
services for such individuals; and
(D) have the support of both the Attorney General
and the Secretary.
(d) Matching Requirements.--
(1) Federal share.--The Federal share of the cost
of a collaboration program carried out by a State, unit
of local government, Indian tribe, or tribal
organization under this section shall not exceed--
(A) 80 percent of the total cost of the
program during the first 2 years of the grant;
(B) 60 percent of the total cost of the
program in year 3; and
(C) 25 percent of the total cost of the
program in years 4 and 5.
(2) Non-federal share.--The non-Federal share of
payments made under this section may be made in cash or
in-kind fairly evaluated, including planned equipment
or services.
(e) Federal Use of Funds.--The Attorney General, in
consultation with the Secretary, in administering grants under
this section, may use up to 3 percent of funds appropriated
to--
(1) research the use of alternatives to prosecution
through pretrial diversion in appropriate cases
involving individuals with mental illness;
(2) offer specialized training to personnel of
criminal and juvenile justice agencies in appropriate
diversion techniques;
(3) provide technical assistance to local
governments, mental health courts, and diversion
programs, including technical assistance relating to
program evaluation;
(4) help localities build public understanding and
support for community reintegration of individuals with
mental illness;
(5) develop a uniform program evaluation process;
and
(6) conduct a national evaluation of the
collaboration program that will include an assessment
of its cost-effectiveness.
(f) Interagency Task Force.--
(1) In general.--The Attorney General and the
Secretary shall establish an interagency task force
with the Secretaries of Housing and Urban Development,
Labor, Education, and Veterans Affairs and the
Commissioner of Social Security, or their designees.
(2) Responsibilities.--The task force established
under paragraph (1) shall--
(A) identify policies within their
departments that hinder or facilitate local
collaborative initiatives for preliminarily
qualified offenders; and
(B) submit, not later than 2 years after
the date of enactment of this section, a report
to Congress containing recommendations for
improved interdepartmental collaboration
regarding the provision of services to
preliminarily qualified offenders.
(g) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within such
State for a planning or implementation grant under this section
have been funded, such State, together with grantees within the
State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.75 percent of
the total amount appropriated in the fiscal year for planning
or implementation grants pursuant to this section.
(h) Law Enforcement Response to Mentally Ill Offenders
Improvement Grants.--
(1) Authorization.--The Attorney General is
authorized to make grants under this section to States,
units of local government, Indian tribes, and tribal
organizations for the following purposes:
(A) Training programs.--To provide for
programs that offer law enforcement personnel
specialized and comprehensive training in
procedures to identify and respond
appropriately to incidents in which the unique
needs of individuals with mental illnesses are
involved.
(B) Receiving centers.--To provide for the
development of specialized receiving centers to
assess individuals in the custody of law
enforcement personnel for suicide risk and
mental health and substance abuse treatment
needs.
(C) Improved technology.--To provide for
computerized information systems (or to improve
existing systems) to provide timely information
to law enforcement personnel and criminal
justice system personnel to improve the
response of such respective personnel to
mentally ill offenders.
(D) Cooperative programs.--To provide for
the establishment and expansion of cooperative
efforts by criminal and juvenile justice
agencies and mental health agencies to promote
public safety through the use of effective
intervention with respect to mentally ill
offenders.
(E) Campus security personnel training.--To
provide for programs that offer campus security
personnel training in procedures to identify
and respond appropriately to incidents in which
the unique needs of individuals with mental
illnesses are involved.
(2) BJA training models.--For purposes of paragraph
(1)(A), the Director of the Bureau of Justice
Assistance shall develop training models for training
law enforcement personnel in procedures to identify and
respond appropriately to incidents in which the unique
needs of individuals with mental illnesses are
involved, including suicide prevention.
(3) Matching funds.--The Federal share of funds for
a program funded by a grant received under this
subsection may not exceed 50 percent of the costs of
the program. The non-Federal share of payments made for
such a program may be made in cash or in-kind fairly
evaluated, including planned equipment or services.
(i) Assisting Veterans.--
(1) Definitions.--In this subsection:
(A) Peer to peer services or programs.--The
term ``peer to peer services or programs''
means services or programs that connect
qualified veterans with other veterans for the
purpose of providing support and mentorship to
assist qualified veterans in obtaining
treatment, recovery, stabilization, or
rehabilitation.
(B) Qualified veteran.--The term
``qualified veteran'' means a preliminarily
qualified offender who--
(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'' means
a court program involving collaboration among
criminal justice, veterans, and mental health
and substance abuse agencies that provides
qualified veterans with--
(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.
[(i)] (j) Authorization of Appropriations.--(1) In
general.--There are authorized to be appropriated to the
Department of Justice to carry out this section--
(A) $50,000,000 for fiscal year 2005;
(B) such sums as may be necessary for each of the
fiscal years 2006 and 2007; and
(C) $50,000,000 for each of the fiscal years 2009
through 2014.
(2) Allocation of Funding for Administrative Purposes.--For
fiscal year 2009 and each subsequent fiscal year, of the
amounts authorized under paragraph (1) for such fiscal year,
the Attorney General may obligate not more than 3 percent for
the administrative expenses of the Attorney General in carrying
out this section for such fiscal year.
* * * * * * *
PART LL--COMPREHENSIVE OPIOID ABUSE GRANT PROGRAM
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 3025. DEFINITIONS.
In this part:
(1) The term ``first responder'' includes a
firefighter, law enforcement officer, paramedic,
emergency medical technician, or other individual
(including an employee of a legally organized and
recognized volunteer organization, whether compensated
or not), who, in the course of professional duties,
responds to fire, medical, hazardous material, or other
similar emergencies.
(2) The term ``medication-assisted treatment''
means the use of medications approved by the Food and
Drug Administration for the treatment of opioid abuse.
(3) The term ``opioid'' means any drug, including
heroin, having an addiction-forming or addiction-
sustaining liability similar to morphine or being
capable of conversion into a drug having such
addiction-forming or addiction-sustaining liability.
(4) The term ``schedule II, III, or IV controlled
substance'' means a controlled substance that is listed
on schedule II, schedule III, or schedule IV of section
202(c) of the Controlled Substances Act (21 U.S.C.
812(c)).
(5) The terms ``drug'' and ``device'' have the
meanings given those terms in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(6) The term ``criminal justice agency'' means a
State, local, or tribal--
(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'' has the
meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b).
* * * * * * *
----------
JUSTICE ASSISTANCE ACT OF 1984
* * * * * * *
authorization of appropriations
Sec. 609Y. (a) There is authorized to be appropriated
$20,000,000 for each fiscal year ending after [September 30,
1984] September 30, 2021, to provide under this subdivision
federal law enforcement assistance in the form of funds.
(b) There are authorized to be appropriated for each fiscal
year ending after September 30, 1984, such sums as may be
necessary to provide under this subdivision Federal law
enforcement assistance other than funds.
* * * * * * *
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