[Congressional Record Volume 162, Number 38 (Wednesday, March 9, 2016)]
[Senate]
[Pages S1389-S1392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3449. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 3369 submitted by Mr. Cornyn (for himself and Mr. 
Alexander) and intended to be proposed to the bill S. 524, to authorize 
the Attorney General to award grants to address the national epidemics 
of prescription opioid abuse and heroin use; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

         TITLE IX--COMPREHENSIVE JUSTICE AND MENTAL HEALTH ACT

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Comprehensive Justice and 
     Mental Health Act of 2015''.

     SEC. 902. FINDINGS.

       Congress finds the following:
       (1) An estimated 2,000,000 individuals with serious mental 
     illnesses are booked into jails each year, resulting in 
     prevalence rates of serious mental illness in jails that are 
     3 to 6 times higher than in the general population. An even 
     greater number of individuals who are detained in jails each 
     year have mental health problems that do not rise to the 
     level of a serious mental illness but may still require a 
     resource-intensive response.

[[Page S1390]]

       (2) Adults with mental illnesses cycle through jails more 
     often than individuals without mental illnesses, and tend to 
     stay longer (including before trial, during trial, and after 
     sentencing).
       (3) According to estimates, almost \3/4\ of jail detainees 
     with serious mental illnesses have co-occurring substance use 
     disorders, and individuals with mental illnesses are also 
     much more likely to have serious physical health needs.
       (4) Among individuals under probation supervision, 
     individuals with mental disorders are nearly twice as likely 
     as other individuals to have their community sentence 
     revoked, furthering their involvement in the criminal justice 
     system. Reasons for revocation may be directly or indirectly 
     related to an individual's mental disorder.

     SEC. 903. SEQUENTIAL INTERCEPT MODEL.

       (a) Redesignation.--Section 2991 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is 
     amended by redesignating subsection (i) as subsection (n).
       (b) Sequential Intercept Model.--Section 2991 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3797aa) is amended by inserting after subsection (h) the 
     following:
       ``(i) Sequential Intercept Grants.--
       ``(1) Definition.--In this subsection, the term `eligible 
     entity' means a State, unit of local government, Indian 
     tribe, or tribal organization.
       ``(2) Authorization.--The Attorney General may make grants 
     under this subsection to an eligible entity for sequential 
     intercept mapping and implementation in accordance with 
     paragraph (3).
       ``(3) Sequential intercept mapping; implementation.--An 
     eligible entity that receives a grant under this subsection 
     may use funds for--
       ``(A) sequential intercept mapping, which--
       ``(i) shall consist of--

       ``(I) convening mental health and criminal justice 
     stakeholders to--

       ``(aa) develop a shared understanding of the flow of 
     justice-involved individuals with mental illnesses through 
     the criminal justice system; and
       ``(bb) identify opportunities for improved collaborative 
     responses to the risks and needs of individuals described in 
     item (aa); and

       ``(II) developing strategies to address gaps in services 
     and bring innovative and effective programs to scale along 
     multiple intercepts, including--

       ``(aa) emergency and crisis services;
       ``(bb) specialized police-based responses;
       ``(cc) court hearings and disposition alternatives;
       ``(dd) reentry from jails and prisons; and
       ``(ee) community supervision, treatment and support 
     services; and
       ``(ii) may serve as a starting point for the development of 
     strategic plans to achieve positive public health and safety 
     outcomes; and
       ``(B) implementation, which shall--
       ``(i) be derived from the strategic plans described in 
     subparagraph (A)(ii); and
       ``(ii) consist of--

       ``(I) hiring and training personnel;
       ``(II) identifying the eligible entity's target population;
       ``(III) providing services and supports to reduce 
     unnecessary penetration into the criminal justice system;
       ``(IV) reducing recidivism;
       ``(V) evaluating the impact of the eligible entity's 
     approach; and
       ``(VI) planning for the sustainability of effective 
     interventions.''.

     SEC. 904. VETERANS TREATMENT COURTS.

       Section 2991 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after 
     subsection (i), as so added by section 903, the following:
       ``(j) 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; and
       ``(iv) other appropriate services, including housing, 
     transportation, mentoring, employment, job training, 
     education, and 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; 
     and
       ``(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.''.

     SEC. 905. PRISON AND JAILS.

       Section 2991 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after 
     subsection (j), as so added by section 904, the following:
       ``(k) Correctional Facilities.--
       ``(1) Definitions.--
       ``(A) Correctional facility.--The term `correctional 
     facility' means a jail, prison, or other detention facility 
     used to house people who have been arrested, detained, held, 
     or convicted by a criminal justice agency or a court.
       ``(B) Eligible inmate.--The term `eligible inmate' means an 
     individual who--
       ``(i) is being held, detained, or incarcerated in a 
     correctional facility; and
       ``(ii) manifests obvious signs of a mental illness or has 
     been diagnosed by a qualified mental health professional as 
     having a mental illness.
       ``(2) Correctional facility grants.--The Attorney General 
     may award grants to applicants to enhance the capabilities of 
     a correctional facility--
       ``(A) to identify and screen for eligible inmates;
       ``(B) to plan and provide--
       ``(i) initial and periodic assessments of the clinical, 
     medical, and social needs of inmates; and
       ``(ii) appropriate treatment and services that address the 
     mental health and substance abuse needs of inmates;
       ``(C) to develop, implement, and enhance--
       ``(i) post-release transition plans for eligible inmates 
     that, in a comprehensive manner, coordinate health, housing, 
     medical, employment, and other appropriate services and 
     public benefits;
       ``(ii) the availability of mental health care services and 
     substance abuse treatment services; and
       ``(iii) alternatives to solitary confinement and segregated 
     housing and mental health screening and treatment for inmates 
     placed in solitary confinement or segregated housing; and
       ``(D) to train each employee of the correctional facility 
     to identify and appropriately respond to incidents involving 
     inmates with mental health or co-occurring mental health and 
     substance abuse disorders.''.

     SEC. 906. ALLOWABLE USES.

       Section 2991(b)(5)(I) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797aa(b)(5)(I)) is amended by 
     adding at the end the following:
       ``(v) Teams addressing frequent users of crisis services.--
     Multidisciplinary teams that--

       ``(I) coordinate, implement, and administer community-based 
     crisis responses and long-term plans for frequent users of 
     crisis services;
       ``(II) provide training on how to respond appropriately to 
     the unique issues involving frequent users of crisis services 
     for public service personnel, including criminal justice, 
     mental health, substance abuse, emergency room, healthcare, 
     law enforcement, corrections, and housing personnel;
       ``(III) develop or support alternatives to hospital and 
     jail admissions for frequent users of crisis services that 
     provide treatment, stabilization, and other appropriate 
     supports in the least restrictive, yet appropriate, 
     environment; and
       ``(IV) develop protocols and systems among law enforcement, 
     mental health, substance abuse, housing, corrections, and 
     emergency medical service operations to provide coordinated 
     assistance to frequent users of crisis services.''.

     SEC. 907. LAW ENFORCEMENT TRAINING.

       Section 2991(h) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(F) Academy training.--To provide support for academy 
     curricula, law enforcement officer orientation programs, 
     continuing education training, and other programs that teach 
     law enforcement personnel how to identify and respond to 
     incidents involving persons with mental health disorders or 
     co-occurring mental health and substance abuse disorders.''; 
     and
       (2) by adding at the end the following:
       ``(4) Priority consideration.--The Attorney General, in 
     awarding grants under this

[[Page S1391]]

     subsection, shall give priority to programs that law 
     enforcement personnel and members of the mental health and 
     substance abuse professions develop and administer 
     cooperatively.''.

     SEC. 908. FEDERAL LAW ENFORCEMENT TRAINING.

       Not later than 1 year after the date of enactment of this 
     Act, the Attorney General shall provide direction and 
     guidance for the following:
       (1) Training programs.--Programs that offer specialized and 
     comprehensive training, in procedures to identify and 
     appropriately respond to incidents in which the unique needs 
     of individuals who have a mental illness are involved, to 
     first responders and tactical units of--
       (A) Federal law enforcement agencies; and
       (B) other Federal criminal justice agencies such as the 
     Bureau of Prisons, the Administrative Office of the United 
     States Courts, and other agencies that the Attorney General 
     determines appropriate.
       (2) Improved technology.--The establishment of, or 
     improvement of existing, computerized information systems to 
     provide timely information to employees of Federal law 
     enforcement agencies, and Federal criminal justice agencies 
     to improve the response of such employees to situations 
     involving individuals who have a mental illness.

     SEC. 909. GAO REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States, in 
     coordination with the Attorney General, shall submit to 
     Congress a report on--
       (1) the practices that Federal first responders, tactical 
     units, and corrections officers are trained to use in 
     responding to individuals with mental illness;
       (2) procedures to identify and appropriately respond to 
     incidents in which the unique needs of individuals who have a 
     mental illness are involved, to Federal first responders and 
     tactical units;
       (3) the application of evidence-based practices in criminal 
     justice settings to better address individuals with mental 
     illnesses; and
       (4) recommendations on how the Department of Justice can 
     expand and improve information sharing and dissemination of 
     best practices.

     SEC. 910. EVIDENCE BASED PRACTICES.

       Section 2991(c) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797aa(c)) is amended--
       (1) in paragraph (3), by striking ``or'' at the end;
       (2) by redesignating paragraph (4) as paragraph (6); and
       (3) by inserting after paragraph (3), the following:
       ``(4) propose interventions that have been shown by 
     empirical evidence to reduce recidivism;
       ``(5) when appropriate, use validated assessment tools to 
     target preliminarily qualified offenders with a moderate or 
     high risk of recidivism and a need for treatment and 
     services; or''.

     SEC. 911. TRANSPARENCY, PROGRAM ACCOUNTABILITY, AND 
                   ENHANCEMENT OF LOCAL AUTHORITY.

       (a) In General.--Section 2991(a) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is 
     amended--
       (1) in paragraph (7)--
       (A) in the heading, by striking ``Mental illness'' and 
     inserting ``Mental illness; mental health disorder''; and
       (B) by striking ``term `mental illness' means'' and 
     inserting ``terms `mental illness' and `mental health 
     disorder' mean''; and
       (2) by striking paragraph (9) and inserting the following:
       ``(9) Preliminarily qualified offender.--
       ``(A) In general.--The term `preliminarily qualified 
     offender' means an adult or juvenile accused of an offense 
     who--
       ``(i)(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;
       ``(II) manifests obvious signs of mental illness or co-
     occurring mental illness and substance abuse disorders during 
     arrest or confinement or before any court; or
       ``(III) in the case of a veterans treatment court provided 
     under subsection (i), has been diagnosed with, or manifests 
     obvious signs of, mental illness or a substance abuse 
     disorder or co-occurring mental illness and substance abuse 
     disorder;
       ``(ii) has been unanimously approved for participation in a 
     program funded under this section by, when appropriate--

       ``(I) the relevant--

       ``(aa) prosecuting attorney;
       ``(bb) defense attorney;
       ``(cc) probation or corrections official; and
       ``(dd) judge; and

       ``(II) a representative from the relevant mental health 
     agency described in subsection (b)(5)(B)(i);

       ``(iii) has been determined, by each person described in 
     clause (ii) who is involved in approving the adult or 
     juvenile for participation in a program funded under this 
     section, to not pose a risk of violence to any person in the 
     program, or the public, if selected to participate in the 
     program; and
       ``(iv) has not been charged with or convicted of--

       ``(I) any sex offense (as defined in section 111 of the Sex 
     Offender Registration and Notification Act (42 U.S.C. 16911)) 
     or any offense relating to the sexual exploitation of 
     children; or
       ``(II) murder or assault with intent to commit murder.

       ``(B) Determination.--In determining whether to designate a 
     defendant as a preliminarily qualified offender, the relevant 
     prosecuting attorney, defense attorney, probation or 
     corrections official, judge, and mental health or substance 
     abuse agency representative shall take into account--
       ``(i) whether the participation of the defendant in the 
     program would pose a substantial risk of violence to the 
     community;
       ``(ii) the criminal history of the defendant and the nature 
     and severity of the offense for which the defendant is 
     charged;
       ``(iii) the views of any relevant victims to the offense;
       ``(iv) the extent to which the defendant would benefit from 
     participation in the program;
       ``(v) the extent to which the community would realize cost 
     savings because of the defendant's participation in the 
     program; and
       ``(vi) whether the defendant satisfies the eligibility 
     criteria for program participation unanimously established by 
     the relevant prosecuting attorney, defense attorney, 
     probation or corrections official, judge and mental health or 
     substance abuse agency representative.''.
       (b) Technical and Conforming Amendment.--Section 2927(2) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3797s-6(2)) is amended by striking ``has the meaning 
     given that term in section 2991(a).'' and inserting ``means 
     an offense that--
       ``(A) does not have as an element the use, attempted use, 
     or threatened use of physical force against the person or 
     property of another; or
       ``(B) 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.''.

     SEC. 912. GRANT ACCOUNTABILITY.

       Section 2991 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after 
     subsection (k), as so added by section 905, the following:
       ``(l) Accountability.--All grants awarded by the Attorney 
     General under this section shall be subject to the following 
     accountability provisions:
       ``(1) Audit requirement.--
       ``(A) Definition.--In this paragraph, the term `unresolved 
     audit finding' means a finding in the final audit report of 
     the Inspector General of the Department of Justice that the 
     audited grantee has utilized grant funds for an unauthorized 
     expenditure or otherwise unallowable cost that is not closed 
     or resolved within 12 months from the date when the final 
     audit report is issued.
       ``(B) Audits.--Beginning in the first fiscal year beginning 
     after the date of enactment of this subsection, and in each 
     fiscal year thereafter, the Inspector General of the 
     Department of Justice shall conduct audits of recipients of 
     grants under this section to prevent waste, fraud, and abuse 
     of funds by grantees. The Inspector General shall determine 
     the appropriate number of grantees to be audited each year.
       ``(C) Mandatory exclusion.--A recipient of grant funds 
     under this section that is found to have an unresolved audit 
     finding shall not be eligible to receive grant funds under 
     this section during the first 2 fiscal years beginning after 
     the end of the 12-month period described in subparagraph (A).
       ``(D) Priority.--In awarding grants under this section, the 
     Attorney General shall give priority to eligible applicants 
     that did not have an unresolved audit finding during the 3 
     fiscal years before submitting an application for a grant 
     under this section.
       ``(E) Reimbursement.--If an entity is awarded grant funds 
     under this section during the 2-fiscal-year period during 
     which the entity is barred from receiving grants under 
     subparagraph (C), the Attorney General shall--
       ``(i) deposit an amount equal to the amount of the grant 
     funds that were improperly awarded to the grantee into the 
     General Fund of the Treasury; and
       ``(ii) seek to recoup the costs of the repayment to the 
     fund from the grant recipient that was erroneously awarded 
     grant funds.
       ``(2) Nonprofit organization requirements.--
       ``(A) Definition.--For purposes of this paragraph and the 
     grant programs under this part, the term `nonprofit 
     organization' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       ``(B) Prohibition.--The Attorney General may not award a 
     grant under this part to a nonprofit organization that holds 
     money in offshore accounts for the purpose of avoiding paying 
     the tax described in section 511(a) of the Internal Revenue 
     Code of 1986.
       ``(C) Disclosure.--Each nonprofit organization that is 
     awarded a grant under this section and uses the procedures 
     prescribed in regulations to create a rebuttable presumption 
     of reasonableness for the compensation of its officers, 
     directors, trustees, and key employees, shall disclose to the 
     Attorney General, in the application for the grant, the 
     process for determining such compensation, including the 
     independent persons involved

[[Page S1392]]

     in reviewing and approving such compensation, the 
     comparability data used, and contemporaneous substantiation 
     of the deliberation and decision. Upon request, the Attorney 
     General shall make the information disclosed under this 
     subparagraph available for public inspection.
       ``(3) Conference expenditures.--
       ``(A) Limitation.--No amounts made available to the 
     Department of Justice under this section may be used by the 
     Attorney General, or by any individual or entity awarded 
     discretionary funds through a cooperative agreement under 
     this section, to host or support any expenditure for 
     conferences that uses more than $20,000 in funds made 
     available by the Department of Justice, unless the head of 
     the relevant agency or department, provides prior written 
     authorization that the funds may be expended to host the 
     conference.
       ``(B) Written approval.--Written approval under 
     subparagraph (A) shall include a written estimate of all 
     costs associated with the conference, including the cost of 
     all food, beverages, audio-visual equipment, honoraria for 
     speakers, and entertainment.
       ``(C) Report.--The Deputy Attorney General shall submit an 
     annual report to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives on all conference expenditures approved under 
     this paragraph.
       ``(4) Annual certification.--Beginning in the first fiscal 
     year beginning after the date of enactment of this 
     subsection, the Attorney General shall submit, to the 
     Committee on the Judiciary and the Committee on 
     Appropriations of the Senate and the Committee on the 
     Judiciary and the Committee on Appropriations of the House of 
     Representatives, an annual certification--
       ``(A) indicating whether--
       ``(i) all audits issued by the Office of the Inspector 
     General under paragraph (1) have been completed and reviewed 
     by the appropriate Assistant Attorney General or Director;
       ``(ii) all mandatory exclusions required under paragraph 
     (1)(C) have been issued; and
       ``(iii) all reimbursements required under paragraph (1)(E) 
     have been made; and
       ``(B) that includes a list of any grant recipients excluded 
     under paragraph (1) from the previous year.
       ``(m) Preventing Duplicative Grants.--
       ``(1) In general.--Before the Attorney General awards a 
     grant to an applicant under this section, the Attorney 
     General shall compare potential grant awards with other 
     grants awarded under this Act to determine if duplicate grant 
     awards are awarded for the same purpose.
       ``(2) Report.--If the Attorney General awards duplicate 
     grants to the same applicant for the same purpose the 
     Attorney General shall submit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives a report that includes--
       ``(A) a list of all duplicate grants awarded, including the 
     total dollar amount of any duplicate grants awarded; and
       ``(B) the reason the Attorney General awarded the duplicate 
     grants.''.

     SEC. 913. REAUTHORIZATION OF APPROPRIATIONS.

       Subsection (n) of section 2991 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3797aa), as 
     redesignated by section 903(a), is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) $18,000,000 for each of fiscal years 2016 through 
     2020.''; and
       (2) by adding at the end the following:
       ``(3) Limitation.--Not more than 28 percent of the funds 
     authorized to be appropriated under this section may be used 
     for purposes described in subsection (j) (relating to 
     veterans).''.

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