eral shall, by prescribing guidelines or regulations, 
specify standards for the timing and manner of com-
plying with such requirements. The standards— 
‘‘(A) shall ensure that— 
‘‘(i) each participant is tested for 
every controlled substance that the partici-
pant has been known to abuse, and for any 
other controlled substance the Attorney 
General or the court may require; and 
‘‘(ii) such testing is accurate and 
practicable; and 
‘‘(B) may require approval of the drug 
testing regime to ensure that adequate testing 
occurs. 
‘‘(2) MANDATORY
SANCTIONS.—The Attorney 
General shall, by prescribing guidelines or regula-
tions, specify that grant amounts under this part 
may be used for a drug court only if such court im-
poses graduated sanctions that increase punitive 
measures, therapeutic measures, or both, whenever a 
participant fails a drug test. Such sanctions and 
measures may include one or more of the following: 
‘‘(A) Incarceration. 
‘‘(B) Increased time in the drug court pro-
gram. 
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‘‘(C) Termination from such program. 
‘‘(D) Increased drug screening require-
ments. 
‘‘(E) Increased court appearances. 
‘‘(F) Increased supervision. 
‘‘(G) Electronic monitoring. 
‘‘(H) In-home restriction. 
‘‘(I) Community service. 
‘‘SEC. 2952. ADMINISTRATION. 
‘‘(a) CONSULTATION.—The Attorney General shall 
consult with the Secretary of Health and Human Services 
and any other appropriate officials in carrying out this 
part. 
‘‘(b) USE OF COMPONENTS.—The Attorney General 
may utilize any component or components of the Depart-
ment of Justice in carrying out this part. 
‘‘(c) REGULATORY AUTHORITY.—The Attorney Gen-
eral may issue regulations and guidelines necessary to 
carry out this part. 
‘‘SEC. 2953. APPLICATIONS. 
‘‘(a) IN GENERAL.—To request funds under this 
part, the chief executive or the chief justice of a State or 
the chief executive or judge of a unit of local government 
or Indian tribal government, or the chief judge of a State 
court or the judge of a local court or Indian tribal court 
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shall submit an application to the Attorney General in 
such form and containing such information as the Attor-
ney General may require. 
‘‘(b) CONTENT.—In addition to any other require-
ments that may be specified by the Attorney General, an 
application for a grant under this part shall— 
‘‘(1) include a long-term strategy and detailed 
implementation plan for the drug court program to 
be carried out under such grant; 
‘‘(2) explain the applicant’s inability to fund the 
program adequately without Federal assistance; 
‘‘(3) certify that the Federal support provided 
will be used to supplement, and not supplant, State, 
Indian tribal, and local sources of funding that 
would otherwise be available; 
‘‘(4) identify related governmental or commu-
nity initiatives which complement or will be coordi-
nated with the proposal; 
‘‘(5) certify that there has been and will con-
tinue to be appropriate consultation with all affected 
agencies in the implementation of the program; 
‘‘(6) certify that participating offenders will be 
supervised by 1 or more designated judges with re-
sponsibility for the drug court program; 
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‘‘(7) specify plans for obtaining necessary sup-
port and continuing the proposed program following 
the conclusion of Federal support; 
‘‘(8) certify that statements made by an of-
fender during, or for admission to, a drug court pro-
gram (including to judges, prosecutors, defense 
counsel, social service providers, and other public 
health and public safety professionals who work in 
the drug court) regarding the offender’s drug use 
shall not be used as evidence against the offender in 
any criminal proceeding other than a proceeding 
that is part of the drug court program, including 
drug court proceedings involving sanctions, program 
termination, and related matters such as probation 
violation hearings based on noncompliance with the 
terms of participating in the drug court program; 
‘‘(9) certify that admission criteria for the pro-
gram— 
‘‘(A) are broad enough to ensure access for 
all drug-dependent, high-risk individuals under 
the court’s jurisdiction who are not violent of-
fenders; 
‘‘(B) do not discriminate based upon race, 
gender, religion, national origin, economic sta-
tus, or immigration status; and 
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‘‘(C) are established by a panel or commis-
sion with broad representation from stake-
holders in the criminal justice community, in-
cluding judges, prosecutors, defense counsel, 
and social service providers; 
‘‘(10) certify that the applicant has established 
a policy for the consideration and selection of offend-
ers who are not violent offenders to participate in 
the program, based on the admission criteria pursu-
ant to paragraph (9), that— 
‘‘(A) has been approved by the judge or 
judges with responsibility for the drug court 
program under paragraph (6) and any other 
parties responsible for such consideration and 
selection of offenders, including prosecutors, de-
fense counsel, and social service providers, as 
appropriate; 
‘‘(B) includes a process to ensure that the 
individual circumstances of offenders are con-
sidered to take into account mitigating factors 
related to the offender, as appropriate; and 
‘‘(C) ensures that the public safety needs 
of the applicant’s jurisdiction are met; 
‘‘(11) demonstrate the existence of adequate 
protections for participating offenders’ right to com-
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