Union Calendar No. 174
103D CONGRESS
1ST SESSION
H. R. 3354
[Report No. 103–323]
A BILL
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.
NOVEMBER 3, 1993
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 174
103D CONGRESS
1ST SESSION
H. R. 3354
[Report No. 103–323]
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 incar-
cerated for a period of time sufficient to permit substance abuse treat-
ment.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 26, 1993
Mr. BROOKS (for himself and Mr. SCHUMER) introduced the following bill;
which was referred to the Committee on the Judiciary
NOVEMBER 3, 1993
Additional sponsor: Mr. HUGHES
NOVEMBER 3, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on October 26, 1993]
A BILL
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 (re-
ferred 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 developing and imple-
menting 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 treat-
ment.
‘‘SEC. 1702. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request a grant under this
part the chief executive of a State shall submit an applica-
tion to the Director in such form and containing such infor-
mation as the Director may reasonably require.
‘‘(2) Such application shall include assurances that
Federal funds received under this part shall be used to sup-
plement, not supplant, non-Federal funds that would other-
wise 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 representatives
of local correctional agencies and representatives of either
the State alcohol and drug abuse agency or any appropriate
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 in-
clude individuals released from residential substance abuse
treatment programs who remain in the custody of the State.
viduals leave the correctional facility at the end of a
sentence or on parole.
‘‘(d) STATE OFFICE.—The Office designated under sec-
tion 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, processing,
progress, financial reporting, technical assistance,
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 accord-
ance 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 re-
ceived unless the Director informs the applicant of specific
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 RECONSIDERATION.—
The Director shall not disapprove any application without
first affording the applicant reasonable notice and an op-
portunity for reconsideration.
‘‘SEC. 1704. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) ALLOCATION.—Of the total amount appropriated
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 prison
population of such State bears to the total prison pop-
ulation 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 application 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 informa-
tion as the Director may reasonably require.’’.
(b) CONFORMING AMENDMENT.—The table of contents
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 gen-
eral prison population—
‘‘(A) directed at the substance abuse prob-
lems of the prisoner; and
‘‘(B) intended to develop the prisoner’s cog-
nitive, behavioral, social, vocational, and other
skills so as to solve the prisoner’s substance 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.’’.