```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3354 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3354

  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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 1993

Mr. Brooks (for himself and Mr. Schumer) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  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.

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

SEC. 101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS.

    (a) Residential Substance Abuse Treatment for Prisoners.--Title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3711 et seq.), is amended--
            (1) by redesignating part W as part X;
            (2) by redesignating section 2301 as section 2401; and
            (3) by inserting after part V the following:

  ``PART W--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS

``SEC. 2301. GRANT AUTHORIZATION.

    ``The Director of the Bureau of Justice Assistance (referred to in 
this part as the `Director') may make grants under this part to States, 
for the use by States and units of local government 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.

``SEC. 2302. STATE APPLICATIONS.

    ``(a) In General.--(1) To request a grant under this part the chief 
executive of a State shall submit an application to the Director in 
such form and containing such information as the Director may 
reasonably require.
    ``(2) Such application shall include assurances that Federal funds 
received under this part shall be used to supplement, not supplant, 
non-Federal funds that would otherwise be available for activities 
funded under this part.
    ``(3) Such application shall coordinate the design and 
implementation of treatment programs between State correctional 
representatives and the State Alcohol and Drug Abuse agency (and, if 
appropriate, between representatives of local correctional agencies and 
representatives of either the State alcohol and drug abuse agency or 
any appropriate local alcohol and drug abuse agency).
    ``(b) Drug Testing Requirement.--To be eligible to receive funds 
under this part, a State must agree to implement or continue to require 
urinalysis or similar testing of individuals in correctional 
residential substance abuse treatment programs. Such testing shall 
include individuals released from residential substance abuse treatment 
programs who remain in the custody of the State.
    ``(c) Eligibility for Preference With After Care Component.--
            ``(1) To be eligible for a preference under this part, a 
        State must ensure that individuals who participate in the drug 
        treatment program established or implemented with assistance 
        provided under this part will be provided with aftercare 
        services.
            ``(2) State aftercare services must involve the 
        coordination of the prison treatment program with other human 
        service and rehabilitation programs, such as educational and 
        job training programs, parole supervision programs, half-way 
        house programs, and participation in self-help and peer group 
        programs, that may aid in the rehabilitation of individuals in 
        the drug treatment program.
            ``(3) To qualify as an aftercare program, the head of the 
        drug treatment program, in conjunction with State and local 
        authorities and organizations involved in drug treatment, shall 
        assist in placement of drug treatment program participants with 
        appropriate community drug treatment facilities when such 
        individuals leave prison at the end of a sentence or on parole.
    ``(d) State Office.--The Office designated under section 507 of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3757)--
            ``(1) shall prepare the application as required under 
        section 2302, and
            ``(2) shall administer grant funds received under this 
        part, including review of spending, processing, progress, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.

``SEC. 2303. REVIEW OF STATE APPLICATIONS.

    ``(a) In General.--The Director shall make a grant under section 
2301 to carry out the projects described in the application submitted 
under section 2302 upon determining that--
            ``(1) the application is consistent with the requirements 
        of this part; and
            ``(2) before the approval of the application the Director 
        has made an affirmative finding in writing that the proposed 
        project has been reviewed in accordance with this part.
    ``(b) Approval.--Each application submitted under section 2302 
shall be considered approved, in whole or in part, by the Director not 
later than 45 days after first received unless the Director informs the 
applicant of specific reasons for disapproval.
    ``(c) Restriction.--Grant funds received under this part shall not 
be used for land acquisition or construction projects.
    ``(d) Disapproval Notice and Reconsideration.--The Director shall 
not disapprove any application without first affording the applicant 
reasonable notice and an opportunity for reconsideration.

``SEC. 2304. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) Allocation.--Of the total amount appropriated under this part 
in any fiscal year--
            ``(1) 0.4 percent shall be allocated to each of the 
        participating States; and
            ``(2) of the total funds remaining after the allocation 
        under paragraph (1), there shall be allocated to each of the 
        participating States an amount which bears the same ratio to 
        the amount of remaining funds described in this paragraph as 
        the State prison population of such State bears to the total 
        prison population of all the participating States.
    ``(b) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the projects 
described in the application submitted under section 2302 for the 
fiscal year for which the projects receive assistance under this part.

``SEC. 2305. EVALUATION.

    ``Each State that receives a grant under this part shall submit to 
the Director an evaluation not later than March 1 of each year in such 
form and containing such information as the Director may reasonably 
require.''.
    (b) Conforming Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), is amended by striking the matter relating to part W and 
inserting the following:

     ``Part W--Residential Substance Abuse Treatment for Prisoners

``Sec. 2301. Grant authorization.
``Sec. 2302. State applications.
``Sec. 2303. Review of State applications.
``Sec. 2304. Allocation and distribution of funds.
``Sec. 2305. Evaluation.
             ``Part X--Transition; Effective Date; Repealer

``Sec. 2401. Continuation of rules, authorities, and proceedings.''.
    (c) Definitions.--Section 901(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended by adding after 
paragraph (25) the following:
            ``(26) The term `residential substance abuse treatment 
        program' means a course of individual and group activities, 
        lasting between 9 and 12 months, in residential treatment 
        facilities set apart from the general prison population--
                    ``(A) directed at the substance abuse problems of 
                the prisoner; and
                    ``(B) intended to develop the prisoner's cognitive, 
                behavioral, social, vocational, and other skills so as 
                to solve the prisoner's substance abuse and related 
                problems.''.
    (d) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793), is amended by adding after paragraph (16) the following:
    ``(17) There are authorized to be appropriated $100,000,000 for 
each of the fiscal years 1994, 1995, and 1996 to carry out the projects 
under part W.''.

                                 <all>
```