[House Report 117-154]
[From the U.S. Government Publishing Office]


117th Congress   }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                    {       117-154

======================================================================



 
               REAL JUSTICE FOR OUR VETERANS ACT OF 2021

                                _______
                                

October 25, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4035]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 4035) to amend the Omnibus Crime Control and Safe 
Streets Act of 1968 to prioritize veterans court treatment 
programs that ensure equal access for racial and ethnic 
minorities and women, and for other purposes, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     3
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
Committee Estimate of Budgetary Effects..........................     4
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     4
Duplication of Federal Programs..................................     5
Performance Goals and Objectives.................................     5
Advisory on Earmarks.............................................     5
Section-by-Section Analysis......................................     5
Changes in Existing Law Made by the Bill, as Reported............     6

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Real Justice for Our Veterans Act of 
2021''.

SEC. 2. EQUAL ACCESS TO VETERANS COURT TREATMENT PROGRAMS FOR RACIAL 
                    AND ETHNIC MINORITIES AND WOMEN.

  Section 2991(i)(2) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (34 U.S.C. 10651(i)(2)) is amended by adding at the end the 
following:
                  ``(C) Report.--Not later than 3 years after the date 
                of enactment of this subparagraph, the Attorney General 
                shall submit to Congress a report on the effectiveness 
                of veterans treatment court programs. In preparing such 
                a report, the Attorney General shall conduct a national 
                multi-site evaluation of such programs, including an 
                assessment of--
                          ``(i) the population served by such programs;
                          ``(ii) whether such programs use evidence-
                        based treatments for substance use and mental 
                        health, including medication for addiction 
                        treatment;
                          ``(iii) recidivism rates of participants in 
                        such programs;
                          ``(iv) program completion rates; and
                          ``(v) whether racial and ethnic minorities 
                        and women have equal access to such programs 
                        and an equal opportunity to complete such 
                        programs, including by collecting and analyzing 
                        data related to admission in such programs and 
                        completion of such programs, to ensure there 
                        are not disparities related to race, ethnicity, 
                        or sex.''.

SEC. 3. VETERANS PILOT PROGRAM ON PROMISING RETENTION MODELS.

  (a) Establishment.--The Attorney General, acting through the Director 
of the Bureau of Justice Assistance, shall carry out a pilot program to 
make grants to eligible units of local government to improve retention 
in veterans treatment court programs (as such term is defined in 
section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10651)) and drug court programs.
  (b) Eligibility.--In order to be eligible for a grant under 
subsection (a), a unit of local government shall operate a veterans 
treatment court program or a drug court.
  (c) Application.--A unit of local government seeking a grant through 
the pilot program under subsection (a) shall submit to the Attorney 
General an application at such time, in such manner, and containing 
such information as the Attorney General may reasonably require, 
including--
          (1) a description of the therapeutic or treatment modality 
        that the unit of local government plans to implement and data 
        to support the use of the therapeutic or treatment modality, 
        including information showing how the therapeutic or treatment 
        modality will promote retention in and completion of veterans 
        treatment court programs and drug court programs; and
          (2) detailed plans on how the applicant would test the 
        efficacy of the therapeutic or treatment modality.
  (d) Reporting Metrics.--Not later than 180 days after receiving a 
grant under subsection (a), a unit of local government shall submit to 
the Attorney General a report, which includes demographic information 
of participants in the veterans treatment court program, and completion 
rates of such participants. The Attorney General shall develop 
guidelines for the report required under this subsection.
  (e) Authorization of Appropriations.--There is authorized to be 
appropriated $3,000,000 for each of fiscal years 2022 through 2027 to 
carry out this section.

SEC. 4. ADMISSION OF VETERANS TO DRUG COURTS.

  In the case of a jurisdiction that does not operate a veterans 
treatment court program (as such term is defined in section 2991 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10651)), 
but that does operate a drug court under part EE of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10611 et seq.), a 
veteran who would be eligible to participate in a veterans treatment 
court program may participate in the drug court, including a veteran 
who is a violent offender (as such term is defined in section 2953(a) 
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10613(a))).

                          Purpose and Summary

    H.R. 4035, the ``Real Justice for Our Veterans Act,'' would 
assist many of our nation's justice-involved veterans and 
would, in general, improve the delivery of services in veterans 
and drug courts. The bill has three discrete aims. First, the 
bill would expand data collection regarding the effectiveness 
of veterans treatment courts (VTCs). Second, it authorizes a 
pilot program that would investigate and promote promising 
retention models in veterans and drug treatment courts. And 
lastly, and perhaps most critically, it would open up drug 
treatment courts to veterans in areas where there may not be a 
veterans treatment courts. Each of these critical changes would 
promote higher participation and higher rehabilitation of 
veterans who have mental health and substance abuse issues.

                Background and Need for the Legislation

    There is generally a need for more data on veteran 
treatment courts. Because veterans treatment courts operate 
with different rules and admission criteria, analyzing the 
effectiveness of practices is difficult. The limited amount of 
data available suggests that lower rates of recidivism for 
those who complete the program is better than non-participants. 
Other data suggests that non-white veterans are under-
represented in veterans treatment court programs.\1\ The ``Real 
Justice for Our Veterans Act'' would aim to address the data 
shortcomings by requiring the Department of Justice (DOJ) to 
submit a report to Congress regarding, among other things, 
program recidivism rates and demographic disparities that exist 
in VTCs on the basis of race, ethnicity, and sex.
---------------------------------------------------------------------------
    \1\Greg A. Greenberg & Robert A. Rosenheck, Incarceration Among 
Male Veterans: Relative Risk of Imprisonment and Differences Between 
Veteran and Nonveteran Inmates, 56 Int'l J. of Offender Therapy and 
Compar. Criminology. 4, 646 (2012).
---------------------------------------------------------------------------
    The differences in how courts administer veterans treatment 
court programs also makes identifying promising practices and 
testing those practices more broadly difficult. This bill would 
fund pilot programs in veterans treatment courts and drug 
courts that would identify and test promising program retention 
programs. These pilot programs, which may be within existing or 
new veterans treatment or drug court programs, would be 
published in a report so that they can be widely disseminated.
    Veterans treatment courts currently allow veterans with 
previous violent conditions to participate if they are 
otherwise qualified. Drug courts do not. Current law prohibits 
individuals with previous violent crime convictions from 
participating in drug courts. The final provision of this bill 
would open up the over 3,000 drug courts to veterans with 
previous violent crime convictions to participate in drug 
courts if they are otherwise qualified to participate in a 
veteran treatment courts but no veterans treatment courts 
exists in their jurisdiction.

                                Hearings

    As of date of this Report, the Committee has not conducted 
any hearings on treatment or specialty courts.

                        Committee Consideration

    On July 21, 2021, the Committee met in open session and 
ordered the bill, H.R. 4035, favorably reported as amended, by 
a voice vote, a quorum being present.

                            Committee Votes

    No roll call votes were taken during Committee 
consideration of H.R. 4035. The bill was reported by voice 
vote.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House Rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House Rule X, are incorporated in the descriptive portions 
of this report.

                Committee Estimate of Budgetary Effects

    Pursuant to clause 3(d)(1) of House Rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(2) of House Rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause (3)(c)(3) of House Rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee sets forth, 
with respect to the bill, H.R. 4035, the following analysis and 
estimate prepared by the Director of the Congressional Budget 
Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 17, 2021.
Hon. Jerrold Nadler,
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. 4035, the Real 
Justice for Our Veterans Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lindsay 
Wylie.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.




	    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
	    
	    
    

    H.R. 4035 would authorize the Department of Justice (DOJ) 
to provide grants to local governments for improving retention 
rates in veterans treatment court and drug court programs, 
specialized programs that integrate substance use treatment 
services with criminal proceedings. The bill also would allow 
veterans to participate in a regular drug court if no veterans 
treatment court is available. H.R. 4035 would require DOJ to 
report to the Congress three years after enactment on the 
effectiveness of veterans treatment court programs, including 
an assessment of access to such programs for women and people 
in various demographic groups.
    The bill would authorize appropriations of $3 million 
annually over the 2022-2027 period for the grant program. Using 
historical rates of spending for similar activities, CBO 
estimates that DOJ would spend $8 million over the 2021-2026 
period to implement the provision, with the remaining amount 
spent after 2026. Based on the cost of similar activities, CBO 
estimates that the cost to produce the report would be less 
than $500,000 over the 2022-2026 period; any such spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Lindsay Wylie. 
The estimate was reviewed by Leo Lex, Deputy Director of Budget 
Analysis.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House Rule XIII, no provision 
of H.R. 4035 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House Rule XIII, H.R. 4035 would benefit justice-involved 
veterans and improve the operation of veterans treatment courts 
and drug courts.

                          Advisory on Earmarks

    In accordance with clause 9 of House Rule XXI, H.R. 4035 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(d), 
9(e), or 9(f) of House Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short Title. Section 1 establishes the bill's short 
title as the ``Real Justice for Our Veterans Act of 2021.''
    Sec. 2. Equal Access to Veterans Treatment Court Programs 
for Racial and Ethnic Minorities and Women. Section 2 would 
require that no later than three years after its enactment, the 
DOJ must submit a report to Congress detailing the 
effectiveness of veterans treatment court programs. In 
preparing such report, the Attorney General would conduct a 
national multisite evaluation of veterans court programs, 
including an assessment of (1) the populations served by such 
programs; (2) whether such programs use evidence-based 
treatments for substance use and mental health; (3) recidivism 
rates among program participants; (4) program completion rates; 
and (5) whether racial and ethnic minorities and women have 
equal access to such programs and an equal opportunity to 
complete such programs.
    Sec. 3. Veterans Pilot Program on Promising Retention 
Models. Section 3 would require that the DOJ create a grant 
pilot program to improve retention in veteran court treatment 
programs and drug courts. In applying for grant funding, an 
applicant must demonstrate the therapy model they will use, how 
that model will increase their program's retention and 
completion rates, and how they intend to measure their model's 
efficacy. In addition, no later than 180 days after receiving a 
grant, recipients shall submit to the Attorney General a report 
including the demographics of participants in their program and 
the completion rates among participants. This section 
authorizes $3 million for each of fiscal years 2022 through 
2027 to carry out the pilot program.
    Sec. 4. Admission of Veterans to Drug Courts. In the case 
of a jurisdiction that does not operate a veterans treatment 
court program but operates a drug court, a veteran who would be 
eligible to participate in a veterans treatment court program 
may participate in the drug court--including a veteran who is a 
violent offender.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of House Rule XIII, changes 
in existing law made by the bill, H.R. 4035, as reported, are 
shown as follows:

         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 (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 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; mental health disorder.--The 
        terms ``mental illness'' and ``mental health disorder'' 
        mean 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.--
                  (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.
          (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) 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.
                          (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.
                  (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;
          (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
          (6)(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, shall use not less than 6 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) Collaboration Set-aside.--The Attorney General shall use 
not less than 8 percent of funds appropriated to provide 
technical assistance to State and local governments receiving 
grants under this part to foster collaboration between such 
governments in furtherance of the purposes set forth in section 
3 of the Mentally Ill Offender Treatment and Crime Reduction 
Act of 2004 (34 U.S.C. 10651 note).
  (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.
                  (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.
          (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.
          (4) Priority consideration.--The Attorney General, in 
        awarding grants under this subsection, shall give 
        priority to programs that law enforcement personnel and 
        members of the mental health and substance abuse 
        professions develop and administer cooperatively.
  (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, unless the reason 
                        for the dishonorable discharge was 
                        attributable to a substance abuse 
                        disorder.
                  (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.
                  (C) Report.--Not later than 3 years after the 
                date of enactment of this subparagraph, the 
                Attorney General shall submit to Congress a 
                report on the effectiveness of veterans 
                treatment court programs. In preparing such a 
                report, the Attorney General shall conduct a 
                national multi-site evaluation of such 
                programs, including an assessment of--
                          (i) the population served by such 
                        programs;
                          (ii) whether such programs use 
                        evidence-based treatments for substance 
                        use and mental health, including 
                        medication for addiction treatment;
                          (iii) recidivism rates of 
                        participants in such programs;
                          (iv) program completion rates; and
                          (v) whether racial and ethnic 
                        minorities and women have equal access 
                        to such programs and an equal 
                        opportunity to complete such programs, 
                        including by collecting and analyzing 
                        data related to admission in such 
                        programs and completion of such 
                        programs, to ensure there are not 
                        disparities related to race, ethnicity, 
                        or sex.
  (j) Forensic Assertive Community Treatment (FACT) Initiative 
Program.--
          (1) In general.--The Attorney General may make grants 
        to States, units of local government, territories, 
        Indian Tribes, nonprofit agencies, or any combination 
        thereof, to develop, implement, or expand Assertive 
        Community Treatment initiatives to develop forensic 
        assertive community treatment (referred to in this 
        subsection as ``FACT'') programs that provide high 
        intensity services in the community for individuals 
        with mental illness with involvement in the criminal 
        justice system to prevent future incarcerations.
          (2) Allowable uses.--Grant funds awarded under this 
        subsection may be used for--
                  (A) multidisciplinary team initiatives for 
                individuals with mental illnesses with criminal 
                justice involvement that address criminal 
                justice involvement as part of treatment 
                protocols;
                  (B) FACT programs that involve mental health 
                professionals, criminal justice agencies, 
                chemical dependency specialists, nurses, 
                psychiatrists, vocational specialists, forensic 
                peer specialists, forensic specialists, and 
                dedicated administrative support staff who work 
                together to provide recovery oriented, 24/7 
                wraparound services;
                  (C) services such as integrated evidence-
                based practices for the treatment of co-
                occurring mental health and substance-related 
                disorders, assertive outreach and engagement, 
                community-based service provision at 
                participants' residence or in the community, 
                psychiatric rehabilitation, recovery oriented 
                services, services to address criminogenic risk 
                factors, and community tenure;
                  (D) payments for treatment providers that are 
                approved by the State or Indian Tribe and 
                licensed, if necessary, to provide needed 
                treatment to eligible offenders participating 
                in the program, including behavioral health 
                services and aftercare supervision; and
                  (E) training for all FACT teams to promote 
                high-fidelity practice principles and technical 
                assistance to support effective and continuing 
                integration with criminal justice agency 
                partners.
          (3) Supplement and not supplant.--Grants made under 
        this subsection shall be used to supplement, and not 
        supplant, non-Federal funds that would otherwise be 
        available for programs described in this subsection.
          (4) Applications.--To request a grant under this 
        subsection, a State, unit of local government, 
        territory, Indian Tribe, or nonprofit agency shall 
        submit an application to the Attorney General in such 
        form and containing such information as the Attorney 
        General may reasonably require.
  (k) 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.
  (l) 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.
  (m) 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 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.
  (n) 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.
  (o) 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 2017 
        through 2021.
  (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.
  (3) Limitation.--Not more than 20 percent of the funds 
authorized to be appropriated under this section may be used 
for purposes described in subsection (i) (relating to 
veterans).

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