34 U.S.C. § 10702 — Applications

Page 211 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10702 monitoring program to collect and analyze data related to the prescribing of schedules II, III, and IV controlled substances through a centralized database administered by an au- thorized State agency, which includes track- ing the dispensation of such substances, and providing for interoperability and data shar- ing with each other such program in each other State, and with any interstate entity that shares information between such pro- grams. (7) Developing, implementing, or expanding a program to prevent and address opioid abuse by juveniles. (8) Developing, implementing, or expanding a program (which may include demonstration projects) to utilize technology that provides a secure container for prescription drugs that would prevent or deter individuals, particu- larly adolescents, from gaining access to opioid medications that are lawfully pre- scribed for other individuals. (9) Developing, implementing, or expanding a prescription drug take-back program. (10) Developing, implementing, or expanding an integrated and comprehensive opioid abuse response program. (b) Contracts and subawards A State, unit of local government, or Indian tribe may, in using a grant under this sub- chapter for purposes authorized by subsection (a), use all or a portion of that grant to contract with, or make one or more subawards to, one or more— (1) local or regional organizations that are private and nonprofit, including faith-based organizations; (2) units of local government; or (3) tribal organizations. (c) Program assessment component; waiver (1) Program assessment component Each program funded under this subchapter shall contain a program assessment compo- nent, developed pursuant to guidelines estab- lished by the Attorney General, in coordina- tion with the National Institute of Justice. (2) Waiver The Attorney General may waive the re- quirement of paragraph (1) with respect to a program if, in the opinion of the Attorney General, the program is not of sufficient size to justify a full program assessment. (d) Administrative costs Not more than 10 percent of a grant made under this subchapter may be used for costs in- curred to administer such grant. (e) Period The period of a grant made under this sub- chapter may not be longer than 4 years, except that renewals and extensions beyond that period may be granted at the discretion of the Attor- ney General. (f) Rural pilot program (1) In general The pilot program described under this sub- section shall make grants to rural areas to im- plement community response programs to re- duce opioid overdose deaths. Grants issued under this subsection shall be jointly operated by units of local government, in collaboration with public safety and public health agencies or public safety, public health and behavioral health collaborations. A community response program under this subsection shall identify gaps in community prevention, treatment, and recovery services for individuals who encoun- ter the criminal justice system and shall es- tablish treatment protocols to address identi- fied shortcomings. The Attorney General, through the Office of Justice Programs, shall increase the amount provided as a grant under this section for a pilot program by no more than five percent for each of the two years fol- lowing certification by the Attorney General of the submission of data by the rural area on the prescribing of schedules II, III, and IV con- trolled substances to a prescription drug mon- itoring program, or any other centralized database administered by an authorized State agency, which includes tracking the dispensa- tion of such substances, and providing for interoperability and data sharing with each other such program (including an electronic health records system) in each other State, and with any interstate entity that shares in- formation between such programs. (2) Rules of construction Nothing in this subsection shall be con- strued to— (A) direct or encourage a State to use a specific interstate data sharing program; or (B) limit or prohibit the discretion of a prescription drug monitoring program for interoperability connections to other pro- grams (including electronic health records systems, hospital systems, pharmacy dis- pensing systems, or health information ex- changes). (Pub. L. 90–351, title I, § 3021, as added Pub. L. 114–198, title II, § 201(a)(1), July 22, 2016, 130 Stat. 711; amended Pub. L. 117–250, § 2, Dec. 20, 2022, 136 Stat. 2352.) Editorial Notes CODIFICATION Section was formerly classified to section 3797ff of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (a)(1)(H). Pub. L. 117–250, § 2(1), added subpar. (H). Subsec. (f). Pub. L. 117–250, § 2(2), added subsec. (f). § 10702. Applications To request a grant under this subchapter, the chief executive officer of a State, unit of local government, or Indian tribe shall submit an ap- plication to the Attorney General at such time and in such form as the Attorney General may require. Such application shall include the fol- lowing: (1) A certification that Federal funds made available under this subchapter will not be used to supplant State, local, or tribal funds, Page 212 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10703 1 See References in Text note below. but will be used to increase the amounts of such funds that would, in the absence of Fed- eral funds, be made available for the activities described in section 10701(a) of this title. (2) An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require. (3) A certification, made in a form accept- able to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attor- ney General), that— (A) the activities or services to be funded by the grant meet all the requirements of this subchapter; (B) all the information contained in the application is correct; (C) there has been appropriate coordina- tion with affected agencies; and (D) the applicant will comply with all pro- visions of this subchapter and all other ap- plicable Federal laws. (4) An assurance that the applicant will work with the Drug Enforcement Administra- tion to develop an integrated and comprehen- sive strategy to address opioid abuse. (Pub. L. 90–351, title I, § 3022, as added Pub. L. 114–198, title II, § 201(a)(1), July 22, 2016, 130 Stat. 712.) Editorial Notes CODIFICATION Section was formerly classified to section 3797ff–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10703. Review of applications The Attorney General shall not finally dis- approve any application (or any amendment to that application) submitted under this sub- chapter without first affording the applicant reasonable notice of any deficiencies in the ap- plication and an opportunity for correction of any such deficiencies and reconsideration. (Pub. L. 90–351, title I, § 3023, as added Pub. L. 114–198, title II, § 201(a)(1), July 22, 2016, 130 Stat. 713.) Editorial Notes CODIFICATION Section was formerly classified to section 3797ff–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10704. Equitable distribution of funds In awarding grants under this subchapter, the Attorney General shall distribute funds in a manner that— (1) equitably addresses the needs of under- served populations, including rural and tribal communities; and (2) focuses on communities that have been disproportionately impacted by opioid abuse as evidenced in part by— (A) high rates of primary treatment ad- missions for heroin and other opioids; (B) high rates of drug poisoning deaths from heroin and other opioids; and (C) a lack of accessibility to treatment providers and facilities and to emergency medical services. (Pub. L. 90–351, title I, § 3024, as added Pub. L. 114–198, title II, § 201(a)(1), July 22, 2016, 130 Stat. 713.) Editorial Notes CODIFICATION Section was formerly classified to section 3797ff–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10705. Definitions In this subchapter: (1) The term ‘‘first responder’’ includes a firefighter, law enforcement officer, para- medic, emergency medical technician, or other individual (including an employee of a legally organized and recognized volunteer or- ganization, whether compensated or not), who, in the course of his or her professional duties, responds to fire, medical, hazardous material, or other similar emergencies. (2) The term ‘‘medication-assisted treat- ment’’ means the use of medications approved by the Food and Drug Administration for the treatment of opioid abuse. (3) The term ‘‘opioid’’ means any drug, in- cluding heroin, having an addiction-forming or addiction-sustaining liability similar to mor- phine or being capable of conversion into a drug having such addiction-forming or addic- tion-sustaining liability. (4) The term ‘‘schedule II, III, or IV con- trolled substance’’ means a controlled sub- stance that is listed on schedule II, schedule III, or schedule IV of section 812(c) of title 21. (5) The terms ‘‘drug’’ and ‘‘device’’ have the meanings given those terms in section 321 of title 21. (6) The term ‘‘criminal justice agency’’ means a State, local, or tribal— (A) court; (B) prison; (C) jail; (D) law enforcement agency; or (E) other agency that performs the admin- istration of criminal justice, including pros- ecution, pretrial services, and community supervision. (7) The term ‘‘tribal organization’’ has the meaning given that term in section 5304 of title 25. (8) The term ‘‘State substance abuse agen- cy’’ has the meaning given that term in sec- tion 290bb–1(r)(6) 1 of title 42. (Pub. L. 90–351, title I, § 3025, as added Pub. L. 114–198, title II, § 201(a)(1), July 22, 2016, 130 Stat. 713.) Editorial Notes REFERENCES IN TEXT Section 290bb–1(r)(6) of title 42, referred to in par. (8), was redesignated section 290bb–1(r)(5) of title 42 by Pub.