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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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