In the Senate of the United States,
December 6 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representa-
tives (H.R. 4493) entitled ‘‘An Act to establish grants for
drug treatment alternative to prison programs administered
by State or local prosecutors.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE 
I—PROSECUTION 
DRUG
TREATMENT 
ALTERNATIVE
TO PRISON
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Prosecution Drug
Treatment Alternative to Prison Act of 2000’’.
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SEC. 102. DRUG TREATMENT ALTERNATIVE TO PRISON PRO-
GRAMS ADMINISTERED BY STATE OR LOCAL
PROSECUTORS.
(a) PROSECUTION DRUG TREATMENT ALTERNATIVE
TO PRISON PROGRAMS.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) is amended by adding at the end the following new
part:
‘‘PART BB—PROSECUTION DRUG TREATMENT
ALTERNATIVE TO PRISON PROGRAMS
‘‘SEC. 2801. PILOT PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Attorney General may make
grants to State or local prosecutors for the purpose of devel-
oping, implementing, or expanding drug treatment alter-
native to prison programs that comply with the require-
ments of this part.
‘‘(b) USE OF FUNDS.—A State or local prosecutor who
receives a grant under this part shall use amounts provided
under the grant to develop, implement, or expand the drug
treatment alternative to prison program for which the grant
was made, which may include payment of the following ex-
penses:
‘‘(1) Salaries, personnel costs, equipment costs,
and other costs directly related to the operation of the
program, including the enforcement unit.
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‘‘(2) Payments to licensed substance abuse treat-
ment providers for providing treatment to offenders
participating in the program for which the grant was
made, including aftercare supervision, vocational
training, education, and job placement.
‘‘(3) Payments to public and nonprofit private
entities for providing treatment to offenders partici-
pating in the program for which the grant was made.
‘‘(c) FEDERAL SHARE.—The Federal share of a grant
under this part shall not exceed 75 percent of the cost of
the program.
‘‘(d) SUPPLEMENT
AND
NOT
SUPPLANT.—Grant
amounts received under this part shall be used to supple-
ment, and not supplant, non-Federal funds that would oth-
erwise be available for activities funded under this part.
‘‘SEC. 2802. PROGRAM REQUIREMENTS.
‘‘A drug treatment alternative to prison program with
respect to which a grant is made under this part shall com-
ply with the following requirements:
‘‘(1) A State or local prosecutor shall administer
the program.
‘‘(2) An eligible offender may participate in the
program only with the consent of the State or local
prosecutor.
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‘‘(3) Each eligible offender who participates in
the program shall, as an alternative to incarceration,
be sentenced to or placed with a long term, drug free
residential substance abuse treatment provider that is
licensed under State or local law.
‘‘(4) Each eligible offender who participates in
the program shall serve a sentence of imprisonment
with respect to the underlying crime if that offender
does not successfully complete treatment with the resi-
dential substance abuse provider.
‘‘(5) Each residential substance abuse provider
treating an offender under the program shall—
‘‘(A) make periodic reports of the progress
of treatment of that offender to the State or local
prosecutor carrying out the program and to the
appropriate court in which the defendant was
convicted; and
‘‘(B) notify that prosecutor and that court
if that offender absconds from the facility of the
treatment provider or otherwise violates the
terms and conditions of the program.
‘‘(6) The program shall have an enforcement
unit comprised of law enforcement officers under the
supervision of the State or local prosecutor carrying
out the program, the duties of which shall include
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verifying an offender’s addresses and other contacts,
and, if necessary, locating, apprehending, and arrest-
ing an offender who has absconded from the facility
of a residential substance abuse treatment provider or
otherwise violated the terms and conditions of the
program, and returning such offender to court for
sentence on the underlying crime.
‘‘SEC. 2803. APPLICATIONS.
‘‘(a) IN GENERAL.—To request a grant under this
part, a State or local prosecutor shall submit an applica-
tion to the Attorney General in such form and containing
such information as the Attorney General may reasonably
require.
‘‘(b) CERTIFICATIONS.—Each such application shall
contain the certification of the State or local prosecutor that
the program for which the grant is requested shall meet each
of the requirements of this part.
‘‘SEC. 2804. GEOGRAPHIC DISTRIBUTION.
‘‘The Attorney General shall ensure that, to the extent
practicable, the distribution of grant awards is equitable
and includes State or local prosecutors—
‘‘(1) in each State; and
‘‘(2) in rural, suburban, and urban jurisdictions.
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‘‘SEC. 2805. REPORTS AND EVALUATIONS.
‘‘For each fiscal year, each recipient of a grant under
this part during that fiscal year shall submit to the Attor-
ney General a report regarding the effectiveness of activities
carried out using that grant. Each report shall include an
evaluation in such form and containing such information
as the Attorney General may reasonably require. The Attor-
ney General shall specify the dates on which such reports
shall be submitted.
‘‘SEC. 2806. DEFINITIONS.
‘‘In this part:
‘‘(1) The term ‘State or local prosecutor’ means
any district attorney, State attorney general, county
attorney, or corporation counsel who has authority to
prosecute criminal offenses under State or local law.
‘‘(2) The term ‘eligible offender’ means an indi-
vidual who—
‘‘(A) has been convicted of, or pled guilty to,
or admitted guilt with respect to a crime for
which a sentence of imprisonment is required
and has not completed such sentence;
‘‘(B) has never been convicted of, or pled
guilty to, or admitted guilt with respect to, and
is not presently charged with, a felony crime of
violence, a major drug offense, or a crime that
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is considered a violent felony under State or
local law; and
‘‘(C) has been found by a professional sub-
stance abuse screener to be in need of substance
abuse treatment because that offender has a his-
tory of substance abuse that is a significant con-
tributing factor to that offender’s criminal con-
duct.
‘‘(3) The term ‘felony crime of violence’ has the
meaning given such term in section 924(c)(3) of title
18, United States Code.
‘‘(4) The term ‘major drug offense’ has the mean-
ing given such term in section 36(a) of title 18,
United States Code.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by add-
ing at the end the following new paragraph:
‘‘(24) There are authorized to be appropriated to
carry out part BB $10,000,000 for each of fiscal
years 2001 through 2003.’’.
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TITLE 
II—FEDERAL 
DRUG
TREATMENT 
ALTERNATIVE
SENTENCING
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Federal Drug Treat-
ment Alternative Sentencing Act of 2000’’.
SEC. 202. ESTABLISHMENT.
The court, upon the conviction of an individual for
a misdemeanor under section 404(a) of the Controlled Sub-
stances Act (21 U.S.C. 844(a)), if the individual is a de-
fendant described in section 3553(f)(2) of title 18, United
States Code, shall consider sentencing that individual to a
term of probation that includes a condition, or a term of
imprisonment that includes a recommendation, of partici-
pation in substance abuse treatment, including a drug de-
pendency program as described under this title.
SEC. 203. PROBATION PROGRAMS.
(a) GENERALLY.—If the court imposes a sentence of
probation pursuant to section 202, the sentence of probation
shall be subject to subtitle B of chapter 227 of title 18,
United States Code. In considering discretionary conditions
of probation under section 3563(b) of such title, the court
shall consider and use, where appropriate to assure partici-
pation in substance abuse treatment, any of the following:
(1) Day fines.
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(2) House arrest.
(3) Electronic monitoring.
(4) Intensive probation supervision.
(5) Day reporting centers.
(6) Intermittent confinement.
(7) Treatment in therapeutic community.
(b) ALTERNATIVE SENTENCE.—In order to assure par-
ticipation in substance abuse treatment each offender who
participates in a substance abuse program pursuant to this
section shall serve a sentence of imprisonment with respect
to the underlying offense if that offender does not success-
fully complete such a substance abuse treatment program.
(c) PREFERENCE
FOR
COMMUNITY-BASED
PRO-
GRAMS.—The court shall order, to the greatest extent prac-
ticable, that substance abuse treatment for an individual
sentenced under subsection (a) shall be provided in the lo-
cality in which the individual resides.
SEC. 204. DRUG DEPENDENCY PROGRAM.
(a) IN GENERAL.—The Bureau of Prisons (referred to
in this title as the ‘‘Bureau’’) shall maintain a drug de-
pendency program for offenders sentenced to incarceration
under this title. The program shall consist of—
(1) residential substance abuse treatment; and
(2) aftercare services.
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(b) REPORT.—The Bureau of Prisons shall transmit
to the Congress on January 1, 2002, and on January 1
of each year thereafter, a report. Such report shall
contain—
(1) a detailed quantitative and qualitative de-
scription of each substance abuse treatment program,
residential or not, operated by the Bureau; and
(2) a complete statement of to what extent the
Bureau has achieved compliance with the require-
ments of this title.
SEC. 205. DEFINITIONS.
In this title—
(1) the term ‘‘residential substance abuse treat-
ment’’ means a course of individual and group activi-
ties, lasting between 9 and 12 months, in residential
treatment programs—
(A) directed at the substance abuse problems
of the convicted person;
(B) intended to develop a person’s cognitive,
behavioral, social, vocational, and other skills so
as to solve the convicted person’s substance abuse
and related problems; and
(C) shall include—
(i) addiction education;
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(ii) individual, group, and family
counseling pursuant to individualized treat-
ment plans;
(iii) opportunity for involvement in
Alcoholics Anonymous, Narcotics Anony-
mous, or Cocaine Anonymous;
(iv) parenting skills training, domestic
violence counseling, and sexual abuse coun-
seling, where appropriate;
(v) HIV education counseling and test-
ing, when requested, and early intervention
services for seropositive individuals;
(vi) services that facilitate access to
health and social services, where appro-
priate and to the extent available; and
(vii) planning for and counseling to
assist reentry into society, including refer-
rals to appropriate educational, vocational,
and other employment-related programs (to
the extent available), referrals to appro-
priate outpatient or other drug or alcohol
treatment, counseling, transitional housing,
and assistance in obtaining suitable afford-
able housing and employment upon comple-
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tion of treatment (and release from prison,
if applicable);
(2) the term ‘‘aftercare services’’ means a course
of individual and group treatment for a minimum of
one year or for the remainder of the term of incarcer-
ation if less than one year, involving sustained and
frequent interaction with individuals who have suc-
cessfully completed a program of residential substance
abuse treatment, and shall include consistent personal
interaction between the individual and a primary
counselor or case manager, participation in group
and individual counseling sessions, social activities
targeted toward a recovering substance abuser, and,
where appropriate, more intensive intervention; and
(3) the term ‘‘substance abuse or dependency’’
means the abuse of or dependency on drugs or alcohol.
SEC. 206. STUDY OF THE EFFECT OF MANDATORY MINIMUM
SENTENCES FOR CONTROLLED SUBSTANCE
OFFENSES.
Not later than 1 year after the date of enactment of
this Act, the United States Sentencing Commission shall
submit to the Committees on the Judiciary of the House
of Representatives and the Senate a report regarding man-
datory minimum sentences for controlled substance offenses,
which shall include an analysis of—
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(1) whether such sentences may have a dis-
proportionate impact on ethnic or racial groups;
(2) the effectiveness of such sentences in reducing
drug-related crime by violent offenders; and
(3) the frequency and appropriateness of the use
of such sentences for nonviolent offenders in contrast
with other approaches such as drug treatment pro-
grams.
Attest:
Secretary.