[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3351 Referred in Senate (RFS)]

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. CERTAINTY OF PUNISHMENT FOR YOUNG OFFENDERS.

    (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 `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 methods of punishment 
referred to in subsection (a) should ensure certainty of punishment for 
young offenders and promote reduced recidivism, crime prevention, and 
assistance 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 accountability and 
        certainty of punishment for young offenders;
            ``(2) boot camp prison programs that include education and 
        job training activities such as programs modeled, to the extent 
        practicable, after activities 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 implementation 
        and maintenance of State and local restitution programs for 
        young offenders;
            ``(4) innovative projects, such as projects consisting of 
        education and job training activities for incarcerated young 
        offenders, modeled, to the extent practicable, after activities 
        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.);
            ``(5) correctional options, such as community-based 
        incarceration, weekend incarceration, and electronic monitoring 
        of offenders;
            ``(6) community service programs that provide work service 
        placement for young offenders at non-profit, private 
        organizations and community organizations;
            ``(7) demonstration restitution projects that are evaluated 
        for effectiveness;
            ``(8) innovative methods that address the problems of young 
        offenders convicted of serious substance abuse (including 
        alcohol abuse, and gang-related 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, vocational 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, 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 applicant under section 1702 upon determining that--
            ``(1) the application is consistent with the requirements 
        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 accordance 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 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 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 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 Government.--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 submitted 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 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 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 allocation 
        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 receives 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 preceding 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 government under 
paragraph (1) shall be available for expenditure by such State for 
purposes specified under section 1701.
    ``(3) If the Director determines, on the basis of information 
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 giving priority to the units of local government that the 
Director 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 application 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 Director 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 possession 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 reasonable 
                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, `juvenile' 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 specified 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 available 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 individual, 
        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 Control 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 impose 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.