Calendar No. 271

103D CONGRESS

1ST SESSION H. R. 3354

AN ACT

To amend the Omnibus Crime Control and Safe

N

stance abuse treatment.ated for a period of time sufficient to permit subrectional facilities in which inmates are incarcercorrectional facilities, as well as within local corsubstance abuse treatment programs within Statepose of developing and implementing residentialStreets Act of 1968 to allow grants for the purOVEMBER 4 (legislative day, NOVEMBER 2), 1993

Received; read twice and placed on the calendar
II

Calendar No. 271

103D CONGRESS

1ST SESSION H. R. 3354

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4 (legislative day, NOVEMBER 2), 1993

Received; read twice and placed on the calendar

AN ACT

To amend the Omnibus Crime Control and Safe Streets

Act of 1968 to allow grants for the purpose of developing

and implementing residential substance abuse treatment

programs within State correctional facilities, as well as

within local correctional facilities in which inmates are

incarcerated for a period of time sufficient to permit

substance abuse treatment.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. RESIDENTIAL SUBSTANCE ABUSE TREATMENT

4 FOR STATE PRISONERS.

5 (a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT

6 FOR PRISONERS.—Title I of the Omnibus Crime Control
2

•HR 3354 PCS

1 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

2 is amended—

3 (1) by redesignating part Q as part R;

4 (2) by redesignating section 1701 as section

5 1801; and

6 (3) by inserting after part P the following:

7 ‘‘PART Q—RESIDENTIAL SUBSTANCE ABUSE

8 TREATMENT FOR STATE PRISONERS

9 ‘‘SEC. 1701. GRANT AUTHORIZATION.

10 ‘‘The Director of the Bureau of Justice Assistance

11 (referred to in this part as the ‘Director’) may make

12 grants under this part to States, for the use by States

13 and units of local government for the purpose of develop14 ing and implementing residential substance abuse treat15 ment programs within State correctional facilities, as well

16 as within local correctional facilities in which inmates are

17 incarcerated for a period of time sufficient to permit sub18 stance abuse treatment.

19 ‘‘SEC. 1702. STATE APPLICATIONS.

20 ‘‘(a) IN GENERAL.—(1) To request a grant under

21 this part the chief executive of a State shall submit an

22 application to the Director in such form and containing

23 such information as the Director may reasonably require.

24 ‘‘(2) Such application shall include assurances that

25 Federal funds received under this part shall be used to
3

•HR 3354 PCS

1 supplement, not supplant, non-Federal funds that would

2 otherwise be available for activities funded under this part.

3 ‘‘(3) Such application shall coordinate the design and

4 implementation of treatment programs between State cor5 rectional representatives and the State Alcohol and Drug

6 Abuse agency (and, if appropriate, between representa7 tives of local correctional agencies and representatives of

8 either the State alcohol and drug abuse agency or any ap9 propriate local alcohol and drug abuse agency).

10 ‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—

11 To be eligible to receive funds under this part, a State

12 must agree to implement or continue to require urinalysis

13 or similar testing of individuals in correctional residential

14 substance abuse treatment programs. Such testing shall

15 include individuals released from residential substance

16 abuse treatment programs who remain in the custody of

17 the State.

18 ‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER

19 CARE COMPONENT.—

20 ‘‘(1) To be eligible for a preference under this

21 part, a State must ensure that individuals who par22 ticipate in the substance abuse treatment program

23 established or implemented with assistance provided

24 under this part will be provided with aftercare serv25 ices.
4

•HR 3354 PCS

1 ‘‘(2) State aftercare services must involve the

2 coordination of the correctional facility treatment

3 program with other human service and rehabilitation

4 programs, such as educational and job training pro5 grams, parole supervision programs, half-way house

6 programs, and participation in self-help and peer

7 group programs, that may aid in the rehabilitation

8 of individuals in the substance abuse treatment pro9 gram.

10 ‘‘(3) To qualify as an aftercare program, the

11 head of the substance abuse treatment program, in

12 conjunction with State and local authorities and or13 ganizations involved in substance abuse treatment,

14 shall assist in placement of substance abuse treat15 ment program participants with appropriate commu16 nity substance abuse treatment facilities when such

17 individuals leave the correctional facility at the end

18 of a sentence or on parole.

19 ‘‘(d) STATE OFFICE.—The Office designated under

20 section 507 of this title—

21 ‘‘(1) shall prepare the application as required

22 under section 1702, and

23 ‘‘(2) shall administer grant funds received

24 under this part, including review of spending, proc25 essing, progress, financial reporting, technical assist-
5

•HR 3354 PCS

1 ance, grant adjustments, accounting, auditing, and

2 fund disbursement.

3 ‘‘SEC. 1703. REVIEW OF STATE APPLICATIONS.

4 ‘‘(a) IN GENERAL.—The Director shall make a grant

5 under section 1701 to carry out the projects described in

6 the application submitted under section 1702 upon deter7 mining that—

8 ‘‘(1) the application is consistent with the re9 quirements of this part; and

10 ‘‘(2) before the approval of the application the

11 Director has made an affirmative finding in writing

12 that the proposed project has been reviewed in ac13 cordance with this part.

14 ‘‘(b) APPROVAL.—Each application submitted under

15 section 1702 shall be considered approved, in whole or in

16 part, by the Director not later than 45 days after first

17 received unless the Director informs the applicant of spe18 cific reasons for disapproval.

19 ‘‘(c) RESTRICTION.—Grant funds received under this

20 part shall not be used for land acquisition or construction

21 projects.

22 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER23 ATION.—The Director shall not disapprove any application

24 without first affording the applicant reasonable notice and

25 an opportunity for reconsideration.
6

•HR 3354 PCS

1 ‘‘SEC. 1704. ALLOCATION AND DISTRIBUTION OF FUNDS.

2 ‘‘(a) ALLOCATION.—Of the total amount appro3 priated under this part in any fiscal year—

4 ‘‘(1) 0.4 percent shall be allocated to each of

5 the participating States; and

6 ‘‘(2) of the total funds remaining after the allo7 cation under paragraph (1), there shall be allocated

8 to each of the participating States an amount which

9 bears the same ratio to the amount of remaining

10 funds described in this paragraph as the State pris11 on population of such State bears to the total prison

12 population of all the participating States.

13 ‘‘(b) FEDERAL SHARE.—The Federal share of a

14 grant made under this part may not exceed 75 percent

15 of the total costs of the projects described in the applica16 tion submitted under section 1702 for the fiscal year for

17 which the projects receive assistance under this part.

18 ‘‘SEC. 1705. EVALUATION.

19 ‘‘Each State that receives a grant under this part

20 shall submit to the Director an evaluation not later than

21 March 1 of each year in such form and containing such

22 information as the Director may reasonably require.’’.

23 (b) CONFORMING AMENDMENT.—The table of con24 tents of title I of the Omnibus Crime Control and Safe

25 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended
7

•HR 3354 PCS

1 by striking the matter relating to part Q and inserting

2 the following:

‘‘PART Q—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS

‘‘Sec. 1701. Grant authorization.

‘‘Sec. 1702. State applications.

‘‘Sec. 1703. Review of State applications.

‘‘Sec. 1704. Allocation and distribution of funds.

‘‘Sec. 1705. Evaluation.

‘‘PART R—TRANSITION—EFFECTIVE DATE—REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.

3 (c) DEFINITIONS.—Section 901(a) of the Omnibus

4 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

5 3791(a)) is amended by adding after paragraph (23) the

6 following:

7 ‘‘(24) The term ‘residential substance abuse

8 treatment program’ means a course of individual

9 and group activities, lasting between 9 and 12

10 months, in residential treatment facilities set apart

11 from the general prison population—

12 ‘‘(A) directed at the substance abuse prob13 lems of the prisoner; and

14 ‘‘(B) intended to develop the prisoner’s

15 cognitive, behavioral, social, vocational, and

16 other skills so as to solve the prisoner’s sub17 stance abuse and related problems.’’.
8

•HR 3354 PCS

1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

2 Section 1001(a) of title I of the Omnibus Crime Con3 trol and Safe Streets Act of 1968 (42 U.S.C. 3793), is

4 amended by adding after paragraph (10) the following:

5 ‘‘(11) There are authorized to be appropriated

6 $100,000,000 for each of the fiscal years 1994, 1995, and

7 1996 to carry out the projects under part Q.’’.

Passed the House of Representatives November 3,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.