I
103D CONGRESS
1ST SESSION
H. R. 2944
To provide grants to the States for drug testing projects when individuals
arrested and during the pretrial period.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. HOAGLAND 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 arrested and during the pretrial period.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DRUG TESTING UPON ARREST.
(a) IN GENERAL.—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—GRANTS FOR DRUG TESTING UPON
ARREST
‘‘SEC. 1701. GRANT AUTHORIZATION.
The Director of the Bureau of Justice Assistance is
authorized to make grants under this part to States, for
the use by States and units of local government in the
States, for the purpose of developing, implementing, or
continuing a drug testing project when individuals are ar-
rested and during the pretrial period.
‘‘SEC. 1702. STATE APPLICATIONS.
‘‘(a) GENERAL REQUIREMENTS.—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.
‘‘(b) MANDATORY ASSURANCES.—To be eligible to
receive funds under this part, a State must agree to de-
velop or maintain programs of urinalysis or similar drug
testing of individuals upon arrest and on a regular basis
pending trial for the purpose of making pretrial detention
decisions.
‘‘(c) CENTRAL 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 subsection (a); 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. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request funds under this
part from a State, the chief executive of a unit of local
government shall submit an application to the office des-
ignated under section 1702(c).
‘‘(2) Such application shall be considered approved,
in whole or in part, by the State not later than 90 days
after such application is first received unless the State in-
forms the applicant in writing of specific reasons for dis-
approval.
‘‘(3) The State shall not disapprove any application
submitted to the State without first affording the appli-
cant reasonable notice and an opportunity for reconsider-
ation.
‘‘(4) If such application is approved, the unit of local
government is eligible to receive such funds.
‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN-
MENT.—A State that receives funds under section 1701
in a fiscal year shall make such funds available to units
of local government with an application that has been sub-
mitted and approved by the State within 90 days after
the Bureau has approved the application submitted by the
State and has made funds available to the State. The Di-
rector shall have the authority to waive the 90-day re-
quirement in this section upon a finding that the State
is unable to satisfy such requirement under State statutes.
‘‘SEC. 1704. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE DISTRIBUTION.—Of the total amount ap-
propriated 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 number of
individuals arrested in such State bears to the num-
ber of individuals arrested in all the participating
States.
‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re-
ceives funds under this part in a fiscal year shall distribute
to units of local government in such State that portion
of such funds which bears the same ratio to the aggregate
amount of such funds as the amount of funds expended
by all units of local government for criminal justice in the
preceding fiscal year bears to the aggregate amount of
funds expended by the State and all units of local govern-
ment in such State for criminal justice in such preceding
fiscal year.
‘‘(2) Any funds not distributed to units of local gov-
ernment under paragraph (1) shall be available for ex-
penditure by such State for purposes specified in such
State’s application.
‘‘(3) If the Director determines, on the basis of infor-
mation available during any fiscal year, that a portion of
the funds allocated to a State for such fiscal year will not
be used by such State or that a State is not eligible to
receive funds under section 2001, the Director shall award
such funds to units of local government in such State giv-
ing priority to the units of local government that the Di-
rector considers to have the greatest need.
‘‘(c) 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.
‘‘(d) GEOGRAPHIC
DISTRIBUTION.—The Director
shall attempt, to the extent practicable, to achieve an equi-
table geographic distribution of grant awards.
‘‘SEC. 1705. REPORT.
‘‘A State or unit of local government that receives
funds under this part shall submit to the Director a report
in March of each fiscal year that funds are received under
this part regarding the effectiveness of the drug testing
project.’’.
(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—DRUG TESTING FOR INDIVIDUALS ARRESTED
‘‘Sec. 1701. Grant authorization.
‘‘Sec. 1702. State applications.
‘‘Sec. 1703. Local applications.
‘‘Sec. 1704. Allocation and distribution of funds.
‘‘Sec. 1705. Report.
‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793), is amended
by adding at the end the following:
‘‘(11) There are authorized to be appropriated
$100,000,000 for the fiscal years 1994, 1995, and 1996
to carry out the projects under part Q.’’.
Æ