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 pur-
pose of developing and implementing residential
substance abuse treatment programs within State
correctional facilities, as well as within local cor-
rectional facilities in which inmates are incarcer-
ated for a period of time sufficient to permit sub-
stance abuse treatment.
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. 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 Q as part R;
(2) by redesignating section 1701 as section
1801; and
(3) by inserting after part P the following:
‘‘PART Q—RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FOR STATE PRISONERS
‘‘SEC. 1701. 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 develop-
ing and implementing residential substance abuse treat-
ment 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 sub-
stance abuse treatment.
‘‘SEC. 1702. 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 cor-
rectional representatives and the State Alcohol and Drug
Abuse agency (and, if appropriate, between representa-
tives of local correctional agencies and representatives of
either the State alcohol and drug abuse agency or any ap-
propriate local alcohol and drug abuse agency).
‘‘(b) SUBSTANCE ABUSE 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 par-
ticipate in the substance abuse treatment program
established or implemented with assistance provided
under this part will be provided with aftercare serv-
ices.
‘‘(2) State aftercare services must involve the
coordination of the correctional facility treatment
program with other human service and rehabilitation
programs, such as educational and job training pro-
grams, 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 substance abuse treatment pro-
gram.
‘‘(3) To qualify as an aftercare program, the
head of the substance abuse treatment program, in
conjunction with State and local authorities and or-
ganizations involved in substance abuse treatment,
shall assist in placement of substance abuse treat-
ment program participants with appropriate commu-
nity substance abuse treatment facilities when such
individuals leave the correctional facility at the end
of a sentence or on parole.
‘‘(d) STATE OFFICE.—The Office designated under
section 507 of this title—
‘‘(1) shall prepare the application as required
under section 1702, and
‘‘(2) shall administer grant funds received
under this part, including review of spending, proc-
essing, progress, financial reporting, technical assist-
ance, grant adjustments, accounting, auditing, and
fund disbursement.
‘‘SEC. 1703. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Director shall make a grant
under section 1701 to carry out the projects described in
the application submitted under section 1702 upon deter-
mining that—
‘‘(1) the application is consistent with the re-
quirements 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 ac-
cordance with this part.
‘‘(b) APPROVAL.—Each application submitted under
section 1702 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 spe-
cific 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
RECONSIDER-
ATION.—The Director shall not disapprove any application
without first affording the applicant reasonable notice and
an opportunity for reconsideration.
‘‘SEC. 1704. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) ALLOCATION.—Of the total amount appro-
priated 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 allo-
cation 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 pris-
on 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 applica-
tion submitted under section 1702 for the fiscal year for
which the projects receive assistance under this part.
‘‘SEC. 1705. 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 con-
tents 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 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.’’.
(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 (23) the
following:
‘‘(24) 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 prob-
lems 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 sub-
stance abuse and related problems.’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3793), is
amended by adding after paragraph (10) the following:
‘‘(11) 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 Q.’’.
Passed the House of Representatives November 3,
1993.
Attest:
Clerk.