103D CONGRESS

1ST SESSION H. R. 3354

AN ACT

To amend the Omnibus Crime Control and Safe

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 pur-
103D CONGRESS

1ST SESSION H. R. 3354

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

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

8 is amended—

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

10 (2) by redesignating section 1701 as section

11 1801; and

12 (3) by inserting after part P the following:
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1 ‘‘PART Q—RESIDENTIAL SUBSTANCE ABUSE

2 TREATMENT FOR STATE PRISONERS

3 ‘‘SEC. 1701. GRANT AUTHORIZATION.

4 ‘‘The Director of the Bureau of Justice Assistance

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

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

7 and units of local government for the purpose of develop8 ing and implementing residential substance abuse treat9 ment programs within State correctional facilities, as well

10 as within local correctional facilities in which inmates are

11 incarcerated for a period of time sufficient to permit sub12 stance abuse treatment.

13 ‘‘SEC. 1702. STATE APPLICATIONS.

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

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

16 application to the Director in such form and containing

17 such information as the Director may reasonably require.

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

19 Federal funds received under this part shall be used to

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

21 otherwise be available for activities funded under this part.

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

23 implementation of treatment programs between State cor24 rectional representatives and the State Alcohol and Drug

25 Abuse agency (and, if appropriate, between representa26 tives of local correctional agencies and representatives of
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1 either the State alcohol and drug abuse agency or any ap2 propriate local alcohol and drug abuse agency).

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

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

5 must agree to implement or continue to require urinalysis

6 or similar testing of individuals in correctional residential

7 substance abuse treatment programs. Such testing shall

8 include individuals released from residential substance

9 abuse treatment programs who remain in the custody of

10 the State.

11 ‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER

12 CARE COMPONENT.—

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

14 part, a State must ensure that individuals who par15 ticipate in the substance abuse treatment program

16 established or implemented with assistance provided

17 under this part will be provided with aftercare serv18 ices.

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

20 coordination of the correctional facility treatment

21 program with other human service and rehabilitation

22 programs, such as educational and job training pro23 grams, parole supervision programs, half-way house

24 programs, and participation in self-help and peer

25 group programs, that may aid in the rehabilitation
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1 of individuals in the substance abuse treatment pro2 gram.

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

4 head of the substance abuse treatment program, in

5 conjunction with State and local authorities and or6 ganizations involved in substance abuse treatment,

7 shall assist in placement of substance abuse treat8 ment program participants with appropriate commu9 nity substance abuse treatment facilities when such

10 individuals leave the correctional facility at the end

11 of a sentence or on parole.

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

13 section 507 of this title—

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

15 under section 1702, and

16 ‘‘(2) shall administer grant funds received

17 under this part, including review of spending, proc18 essing, progress, financial reporting, technical assist19 ance, grant adjustments, accounting, auditing, and

20 fund disbursement.

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

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

23 under section 1701 to carry out the projects described in

24 the application submitted under section 1702 upon deter25 mining that—
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1 ‘‘(1) the application is consistent with the re2 quirements of this part; and

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

4 Director has made an affirmative finding in writing

5 that the proposed project has been reviewed in ac6 cordance with this part.

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

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

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

10 received unless the Director informs the applicant of spe11 cific reasons for disapproval.

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

13 part shall not be used for land acquisition or construction

14 projects.

15 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER16 ATION.—The Director shall not disapprove any application

17 without first affording the applicant reasonable notice and

18 an opportunity for reconsideration.

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

20 ‘‘(a) ALLOCATION.—Of the total amount appro21 priated under this part in any fiscal year—

22 ‘‘(1) 0.4 percent shall be allocated to each of

23 the participating States; and

24 ‘‘(2) of the total funds remaining after the allo25 cation under paragraph (1), there shall be allocated
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1 to each of the participating States an amount which

2 bears the same ratio to the amount of remaining

3 funds described in this paragraph as the State pris4 on population of such State bears to the total prison

5 population of all the participating States.

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

7 grant made under this part may not exceed 75 percent

8 of the total costs of the projects described in the applica9 tion submitted under section 1702 for the fiscal year for

10 which the projects receive assistance under this part.

11 ‘‘SEC. 1705. EVALUATION.

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

13 shall submit to the Director an evaluation not later than

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

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

16 (b) CONFORMING AMENDMENT.—The table of con17 tents of title I of the Omnibus Crime Control and Safe

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

19 by striking the matter relating to part Q and inserting

20 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.’’.
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1 (c) DEFINITIONS.—Section 901(a) of the Omnibus

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

3 3791(a)) is amended by adding after paragraph (23) the

4 following:

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

6 treatment program’ means a course of individual

7 and group activities, lasting between 9 and 12

8 months, in residential treatment facilities set apart

9 from the general prison population—

10 ‘‘(A) directed at the substance abuse prob11 lems of the prisoner; and

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

13 cognitive, behavioral, social, vocational, and

14 other skills so as to solve the prisoner’s sub15 stance abuse and related problems.’’.

16 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

17 Section 1001(a) of title I of the Omnibus Crime Con18 trol and Safe Streets Act of 1968 (42 U.S.C. 3793), is

19 amended by adding after paragraph (10) the following:
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1 ‘‘(11) There are authorized to be appropriated

2 $100,000,000 for each of the fiscal years 1994, 1995, and

3 1996 to carry out the projects under part Q.’’.

Passed the House of Representatives November 3,

1993.

Attest:

Clerk.