IIA
103D CONGRESS
1ST SESSION
H. R. 3351
IN THE SENATE OF THE UNITED STATES
NOVEMBER 20 (legislative day, NOVEMBER 2), 1993
Received; read twice and referred to the Committee on the Judiciary
AN ACT
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
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—ALTERNATIVE PUNISHMENTS FOR
YOUNG OFFENDERS
‘‘SEC. 1701. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Director of the Bureau of
Justice Assistance (referred to in this part as the ‘Direc-
tor’) 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 pun-
ishment for young offenders to traditional forms of incar-
ceration and probation.
‘‘(b) ALTERNATIVE
METHODS.—The alternative
methods of punishment referred to in subsection (a)
should ensure certainty of punishment for young offenders
and promote reduced recidivism, crime prevention, and as-
sistance to victims, particularly for young offenders who
can be punished more effectively in an environment other
than a traditional correctional facility, including—
‘‘(1) alternative sanctions that create account-
ability and certainty of punishment for young of-
fenders;
‘‘(2) boot camp prison programs that include
education and job training activities such as pro-
grams modeled, to the extent practicable, after ac-
tivities carried out under part B of title IV of the
Job Training Partnership Act (relating to Job
Corps) (29 U.S.C. 1691 et seq.);
‘‘(3) technical training and support for the im-
plementation and maintenance of State and local
restitution programs for young offenders;
‘‘(4) innovative projects, such as projects con-
sisting of education and job training activities for in-
carcerated young offenders, modeled, to the extent
practicable, after activities carried out under part B
of title IV of the Job Training Partnership Act (re-
lating to Job Corps) (29 U.S.C. 1691 et seq.);
‘‘(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;
‘‘(8) innovative methods that address the prob-
lems of young offenders convicted of serious sub-
stance abuse (including alcohol abuse, and gang-re-
lated offenses), including technical assistance and
training to counsel and treat such offenders; and
‘‘(9) the provision for adequate and appropriate
after care programs for the young offenders, such as
substance abuse treatment, education programs, vo-
cational training, job placement counseling, and
other support programs upon release.
‘‘SEC. 1702. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) 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.
‘‘(2) Such application shall include assurances that
Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this part.
‘‘(b) STATE OFFICE.—The office designated under
section 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, proc-
essing, progress, financial reporting, technical assist-
ance, 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 ac-
cordance 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
received unless the Director informs the applicant of spe-
cific 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 sec-
tion 1701(b).
‘‘(d) DISAPPROVAL
NOTICE
AND
RECONSIDER-
ATION.—The Director shall not disapprove any application
without first affording the applicant reasonable notice and
an opportunity 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
government shall submit an application to the office des-
ignated 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 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 45 days after
the Director 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 re-
quirement 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
bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
young offenders of such State bears to the number
of young offenders 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 for the purposes
specified under section 1701 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 correctional programs in the pre-
ceding fiscal year bears to the aggregate amount of funds
expended by the State and all units of local government
in such State for correctional programs 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 under sec-
tion 1701.
‘‘(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 1701, 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) 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 applica-
tion submitted under section 1702(a) for the fiscal year
for which the projects receive assistance under this part.
‘‘(e) CONSIDERATION.—Notwithstanding subsections
(a) and (b), in awarding grants under this part, the Direc-
tor shall consider as an important factor whether a State
has in effect throughout such State a law or policy
which—
‘‘(1) requires that a juvenile who is in posses-
sion of a firearm or other weapon on school property
or convicted of a crime involving the use of a firearm
or weapon on school property—
‘‘(A) be suspended from school for a rea-
sonable period of time; and
‘‘(B) lose driving license privileges for a
reasonable period of time;
‘‘(2) bans firearms and other weapons in a 100-
yard radius of school property, but the State may
allow exceptions for school-sponsored activities, as
well as other reasonable exceptions.
‘‘(f) DEFINITION.—For purposes of this part, ‘juve-
nile’ means 18 years of age or younger.
‘‘SEC. 1706. EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State and local unit of
government that receives a grant under this part shall
submit 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 speci-
fied in paragraph (1) if the Director determines that such
evaluation 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 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—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, convicted of a crime, 22 years of age or
younger—
‘‘(A) who has not been convicted of—
‘‘(i) a crime of sexual assault; or
‘‘(ii) a crime involving the use of a
firearm in the commission of the crime;
and
‘‘(B) who has no prior convictions for a
crime of violence (as defined by section 16 of
title 18, United States Code) punishable by a
period of 1 or more years of imprisonment.’’.
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.’’.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that States should im-
pose mandatory sentences for crimes involving the use of
a firearm or other weapon on school property or within
a 100-yard radius of school property.
Passed the House of Representatives November 19,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.