Union Calendar No. 172
103D CONGRESS
1ST SESSION
H. R. 3351
[Report No. 103–321]
A BILL
To amend the Omnibus Crime Control and Safe
Streets Act of 1968 to allow grants for the pur-
pose of developing alternative methods of punish-
ment for young offenders to traditional forms of
incarceration and probation.
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. 172
103D CONGRESS
1ST SESSION
H. R. 3351
[Report No. 103–321]
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
allow grants for the purpose of developing alternative methods of punish-
ment for young offenders to traditional forms of incarceration and proba-
tion.
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 sponsors: Mr. HUGHES and Mr. MCHALE
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
alternative methods of punishment for young offenders
to traditional forms of incarceration and probation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CERTAINTY OF PUNISHMENT FOR YOUNG OF-
FENDERS.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol 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—ALTERNATIVE PUNISHMENTS FOR
YOUNG OFFENDERS
‘‘SEC. 1701. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Director of the Bureau of Jus-
tice 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 in the States, for the
purpose of developing alternative methods of punishment for
young offenders to traditional forms of incarceration and
probation.
‘‘(b) ALTERNATIVE METHODS.—The alternative meth-
ods of punishment referred to in subsection (a) should en-
sure certainty of punishment for young offenders and pro-
mote reduced recidivism, crime prevention, and assistance
to victims, particularly for young offenders who can be pun-
ished more effectively in an environment other than a tradi-
tional correctional facility, including—
‘‘(1) alternative sanctions that create account-
ability and certainty of punishment for young offend-
ers;
‘‘(2) boot camp prison programs;
‘‘(3) technical training and support for the im-
plementation and maintenance of State and local res-
titution programs for young offenders;
‘‘(4) innovative projects;
‘‘(5) correctional options, such as community-
based incarceration, weekend incarceration, and elec-
tronic monitoring of offenders;
‘‘(6) community service programs that provide
work service placement for young offenders at non-
profit, private organizations and community organi-
zations;
‘‘(7) demonstration restitution projects that are
evaluated for effectiveness; and
‘‘(8) innovative methods that address the prob-
lems of young offenders convicted of serious substance
abuse (including alcohol abuse, and gang-related of-
fenses), including technical assistance and training to
counsel and treat such offenders.
‘‘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.
‘‘(b) STATE OFFICE.—The office designated under sec-
tion 507 of this title—
‘‘(1) shall prepare the application as required
under subsection (a); 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, in consultation with
the Director of the National Institute of Corrections, shall
make a grant under section 1701(a) to carry out the
projects described in the application submitted by such ap-
plicant under section 1702 upon determining 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, other than alternative facilities described in section
1701(b).
‘‘(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. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request funds under this
part from a State, the chief executive of a unit of local gov-
ernment shall submit an application to the office designated
under section 1701(b).
‘‘(2) Such application shall be considered approved, in
whole or in part, by the State not later than 45 days after
such application is first received unless the State informs
the applicant in writing of specific reasons for disapproval.
‘‘(3) The State shall not disapprove any application
submitted to the State without first affording the applicant
reasonable notice and an opportunity for reconsideration.
‘‘(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 submit-
ted and approved by the State within 45 days after the Di-
rector has approved the application submitted by the State
and has made funds available to the State. The Director
shall have the authority to waive the 45-day requirement
in this section upon a finding that the State is unable to
satisfy such requirement under State statutes.
‘‘SEC. 1705. 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
‘‘(c) GENERAL REQUIREMENT.—Notwithstanding the
provisions of subsections (a) and (b), not less than two-
thirds of funds received by a State under this part shall
be distributed to units of local government unless the State
applies for and receives a waiver from the Director of the
Bureau of Justice Assistance.
‘‘(d) 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(a) for the fiscal year for which the
projects receive assistance under this part.
‘‘SEC. 1706. EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State and local unit of
government that receives a grant under this part shall sub-
mit to the Director an evaluation not later than March 1
of each year in accordance with guidelines issued by the
Director and in consultation with the National Institute
of Justice.
‘‘(2) The Director may waive the requirement specified
in paragraph (1) if the Director determines that such eval-
uation is not warranted in the case of the State or unit
of local government involved.
‘‘(b) DISTRIBUTION.—The Director shall make avail-
able to the public on a timely basis evaluations received
under subsection (a).
‘‘(c) ADMINISTRATIVE COSTS.—A State and local unit
of government may use not more than 5 percent of funds
it receives under this part to develop an evaluation program
under this section.’’.
(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—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS
‘‘Sec. 1701. Grant authorization.
‘‘Sec. 1702. State applications.
‘‘Sec. 1703. Review of State applications.
‘‘Sec. 1704. Local applications.
‘‘Sec. 1705. Allocation and distribution of funds.
‘‘Sec. 1706. Evaluation.
‘‘PART R—TRANSITION—EFFECTIVE DATE—REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
(c) DEFINITION.—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 ‘young offender’ means an indi-
vidual 28 years of age or younger.’’.
SEC. 2. AUTHORIZATION OF APPROPRIATION.
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
$200,000,000 for each of the fiscal years 1994, 1995, and
1996 to carry out the projects under part Q.’’.