Union Calendar No. 174

103D CONGRESS

1ST SESSION H. R. 3354

[Report No. 103–323]

A BILL

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 purNOVEMBER 3, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 174

103D CONGRESS

1ST SESSION H. R. 3354

[Report No. 103–323]

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

NOVEMBER 3, 1993

Additional sponsor: Mr. HUGHES

NOVEMBER 3, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on October 26, 1993]

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
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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.), is

8 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:

13 ‘‘PART Q—RESIDENTIAL SUBSTANCE ABUSE

14 TREATMENT FOR STATE PRISONERS

15 ‘‘SEC. 1701. GRANT AUTHORIZATION.

16 ‘‘The Director of the Bureau of Justice Assistance (re17 ferred to in this part as the ‘Director’) may make grants

18 under this part to States, for the use by States and units

19 of local government for the purpose of developing and imple20 menting residential substance abuse treatment programs

21 within State correctional facilities, as well as within local

22 correctional facilities in which inmates are incarcerated for
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1 a period of time sufficient to permit substance abuse treat2 ment.

3 ‘‘SEC. 1702. STATE APPLICATIONS.

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

5 part the chief executive of a State shall submit an applica6 tion to the Director in such form and containing such infor7 mation as the Director may reasonably require.

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

9 Federal funds received under this part shall be used to sup10 plement, not supplant, non-Federal funds that would other11 wise be available for activities funded under this part.

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

13 implementation of treatment programs between State cor14 rectional representatives and the State Alcohol and Drug

15 Abuse agency (and, if appropriate, between representatives

16 of local correctional agencies and representatives of either

17 the State alcohol and drug abuse agency or any appropriate

18 local alcohol and drug abuse agency).

19 ‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—To

20 be eligible to receive funds under this part, a State must

21 agree to implement or continue to require urinalysis or

22 similar testing of individuals in correctional residential

23 substance abuse treatment programs. Such testing shall in24 clude individuals released from residential substance abuse

25 treatment programs who remain in the custody of the State.
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1 ‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER

2 CARE COMPONENT.—

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

4 part, a State must ensure that individuals who par5 ticipate in the substance abuse treatment program es6 tablished or implemented with assistance provided

7 under this part will be provided with aftercare serv8 ices.

9 ‘‘(2) State aftercare services must involve the co10 ordination of the correctional facility treatment pro11 gram with other human service and rehabilitation

12 programs, such as educational and job training pro13 grams, parole supervision programs, half-way house

14 programs, and participation in self-help and peer

15 group programs, that may aid in the rehabilitation

16 of individuals in the substance abuse treatment pro17 gram.

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

19 head of the substance abuse treatment program, in

20 conjunction with State and local authorities and or21 ganizations involved in substance abuse treatment,

22 shall assist in placement of substance abuse treatment

23 program participants with appropriate community

24 substance abuse treatment facilities when such indi-
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1 viduals leave the correctional facility at the end of a

2 sentence or on parole.

3 ‘‘(d) STATE OFFICE.—The Office designated under sec4 tion 507 of this title—

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

6 under section 1702, and

7 ‘‘(2) shall administer grant funds received under

8 this part, including review of spending, processing,

9 progress, financial reporting, technical assistance,

10 grant adjustments, accounting, auditing, and fund

11 disbursement.

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

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

14 under section 1701 to carry out the projects described in

15 the application submitted under section 1702 upon deter16 mining that—

17 ‘‘(1) the application is consistent with the re18 quirements of this part; and

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

20 Director has made an affirmative finding in writing

21 that the proposed project has been reviewed in accord22 ance with this part.

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

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

25 part, by the Director not later than 45 days after first re-
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1 ceived unless the Director informs the applicant of specific

2 reasons for disapproval.

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

4 part shall not be used for land acquisition or construction

5 projects.

6 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—

7 The Director shall not disapprove any application without

8 first affording the applicant reasonable notice and an op9 portunity for reconsideration.

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

11 ‘‘(a) ALLOCATION.—Of the total amount appropriated

12 under this part in any fiscal year—

13 ‘‘(1) 0.4 percent shall be allocated to each of the

14 participating States; and

15 ‘‘(2) of the total funds remaining after the allo16 cation under paragraph (1), there shall be allocated

17 to each of the participating States an amount which

18 bears the same ratio to the amount of remaining

19 funds described in this paragraph as the State prison

20 population of such State bears to the total prison pop21 ulation of all the participating States.

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

23 made under this part may not exceed 75 percent of the total

24 costs of the projects described in the application submitted
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1 under section 1702 for the fiscal year for which the projects

2 receive assistance under this part.

3 ‘‘SEC. 1705. EVALUATION.

4 ‘‘Each State that receives a grant under this part shall

5 submit to the Director an evaluation not later than March

6 1 of each year in such form and containing such informa7 tion as the Director may reasonably require.’’.

8 (b) CONFORMING AMENDMENT.—The table of contents

9 of title I of the Omnibus Crime Control and Safe Streets

10 Act of 1968 (42 U.S.C. 3711 et seq.), is amended by striking

11 the matter relating to part Q and inserting 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.’’.

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

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

14 3791(a)) is amended by adding after paragraph (23) the

15 following:

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

17 treatment program’ means a course of individual and

18 group activities, lasting between 9 and 12 months, in

19 residential treatment facilities set apart from the gen20 eral prison population—
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1 ‘‘(A) directed at the substance abuse prob2 lems of the prisoner; and

3 ‘‘(B) intended to develop the prisoner’s cog4 nitive, behavioral, social, vocational, and other

5 skills so as to solve the prisoner’s substance abuse

6 and related problems.’’.

7 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

8 Section 1001(a) of title I of the Omnibus Crime Con9 trol and Safe Streets Act of 1968 (42 U.S.C. 3793), is

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

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

12 $100,000,000 for each of the fiscal years 1994, 1995, and

13 1996 to carry out the projects under part Q.’’.