I

104TH CONGRESS

2D SESSION H. R. 3778

To provide grants to the States for drug testing projects when individuals

are arrested and during the pretrial period.

IN THE HOUSE OF REPRESENTATIVES

JULY 10, 1996

Mr. KENNEDY of Massachusetts (for himself, Mr. FROST, Ms. LOFGREN, Ms.

NORTON, Mr. UNDERWOOD, and Mr. FRAZER) introduced the following

bill; which was referred to the Committee on the Judiciary

A BILL

To provide grants to the States for drug testing projects

when individuals are arrested and during the pretrial period.

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

3 SECTION 1. DRUG TESTING UPON ARREST.

4 (a) IN GENERAL.—Title I of the Omnibus Crime

5 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

6 et seq.) is amended—

7 (1) by redesignating part Y as part Z;

8 (2) by redesignating section 2501 as section

9 2601; and

10 (3) by inserting after part X the following:
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1 ‘‘PART Y—GRANTS FOR DRUG TESTING UPON

2 ARREST

3 ‘‘SEC. 2501. GRANT AUTHORIZATION.

4 ‘‘The Director of the Bureau of Justice Assistance

5 is authorized to make grants under this part to States,

6 for the use by States and units of local government in

7 the States, for the purpose of developing, implementing,

8 or continuing a drug testing project when individuals are

9 arrested and during the pretrial period and after post con10 viction release.

11 ‘‘SEC. 2502. STATE APPLICATIONS.

12 ‘‘(a) GENERAL REQUIREMENTS.—To request a grant

13 under this part the chief executive of a State shall submit

14 an application to the Director in such form and containing

15 such information as the Director may reasonably require.

16 ‘‘(b) MANDATORY ASSURANCES.—To be eligible to

17 receive funds under this part, a State must agree to de18 velop or maintain programs of urinalysis or similar drug

19 testing of individuals upon arrest and on a regular basis

20 pending trial for the purpose of making pretrial detention

21 decisions.

22 ‘‘(c) CENTRAL OFFICE.—The office designated under

23 section 507 of title I of the Omnibus Crime Control and

24 Safe Streets Act of 1968 (42 U.S.C. 3757)—

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

26 under subsection (a); and
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1 ‘‘(2) shall administer grant funds received

2 under this part, including review of spending, proc3 essing, progress, financial reporting, technical assist4 ance, grant adjustments, accounting, auditing, and

5 fund disbursement.

6 ‘‘SEC. 2503. LOCAL APPLICATIONS.

7 ‘‘(a) IN GENERAL.—(1) To request funds under this

8 part from a State, the chief executive of a unit of local

9 government shall submit an application to the office des10 ignated under section 2502(c).

11 ‘‘(2) Such application shall be considered approved,

12 in whole or in part, by the State not later than 90 days

13 after such application is first received unless the State in14 forms the applicant in writing of specific reasons for dis15 approval.

16 ‘‘(3) The State shall not disapprove any application

17 submitted to the State without first affording the appli18 cant reasonable notice and an opportunity for reconsider19 ation.

20 ‘‘(4) If such application is approved, the unit of local

21 government is eligible to receive such funds.

22 ‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN23 MENT.—A State that receives funds under section 2501

24 in a fiscal year shall make such funds available to units

25 of local government with an application that has been sub-
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1 mitted and approved by the State within 90 days after

2 the Bureau has approved the application submitted by the

3 State and has made funds available to the State. The Di4 rector shall have the authority to waive the 90-day re5 quirement in this section upon a finding that the State

6 is unable to satisfy such requirement under State statutes.

7 ‘‘SEC. 2504. ALLOCATION AND DISTRIBUTION OF FUNDS.

8 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap9 propriated under this part in any fiscal year—

10 ‘‘(1) 1.0 percent shall be allocated to each of

11 the participating States; and

12 ‘‘(2) of the total funds remaining after the allo13 cation under paragraph (1), there shall be allocated

14 to each of the participating States an amount which

15 bears the same ratio to the amount of remaining

16 funds described in this paragraph as the number of

17 individuals arrested in such State bears to the num18 ber of individuals arrested in all the participating

19 States.

20 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re21 ceives funds under this part in a fiscal year shall distribute

22 to units of local government in such State that portion

23 of such funds which bears the same ratio to the aggregate

24 amount of such funds as the amount of funds expended

25 by all units of local government for criminal justice in the
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1 preceding fiscal year bears to the aggregate amount of

2 funds expended by the State and all units of local govern3 ment in such State for criminal justice in such preceding

4 fiscal year.

5 ‘‘(2) Any funds not distributed to units of local gov6 ernment under paragraph (1) shall be available for ex7 penditure by such State for purposes specified in such

8 State’s application.

9 ‘‘(3) If the Director determines, on the basis of infor10 mation available during any fiscal year, that a portion of

11 the funds allocated to a State for such fiscal year will not

12 be used by such State or that a State is not eligible to

13 receive funds under this part, the Director shall award

14 such funds to units of local government in such State giv15 ing priority to the units of local government that the Di16 rector considers to have the greatest need.

17 ‘‘(c) FEDERAL SHARE.—The Federal share of a

18 grant made under this part may not exceed 75 percent

19 of the total costs of the projects described in the applica20 tion submitted under section 2502 for the fiscal year for

21 which the projects receive assistance under this part.

22 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—The Director

23 shall attempt, to the extent practicable, to achieve an equi24 table geographic distribution of grant awards.
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1 ‘‘SEC. 2505. REPORT.

2 ‘‘A State or unit of local government that receives

3 funds under this part shall submit to the Director a report

4 in March of each fiscal year that funds are received under

5 this part regarding the effectiveness of the drug testing

6 project.’’.

7 (b) CONFORMING AMENDMENT.—The table of con8 tents of title I of the Omnibus Crime Control and Safe

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

10 by striking the matter relating to part Y and inserting

11 the following:

‘‘PART Y—DRUG TESTING FOR INDIVIDUALS ARRESTED

‘‘Sec. 2501. Grant authorization.

‘‘Sec. 2502. State applications.

‘‘Sec. 2503. Local applications.

‘‘Sec. 2504. Allocation and distribution of funds.

‘‘Sec. 2505. Report.

‘‘PART Z—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2601. Continuation of rules, authorities, and proceedings.’’.

12 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

13 Section 1001(a) of the Omnibus Crime Control and

14 Safe Streets Act of 1968 (42 U.S.C. 3793), is amended

15 by adding at the end the following:

16 ‘‘(22) There are authorized to be appropriated

17 $100,000,000 for the fiscal years 199ll, 199ll, and

18 199ll to carry out the projects under part Y.’’.

Æ