[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3354 Reported in House (RH)]

                                                 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 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.

_______________________________________________________________________

                            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





                                                 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 incarcerated for a period of time sufficient to permit 
                       substance abuse treatment.


_______________________________________________________________________


                    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 Representatives 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 (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 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.

``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.
    ``(3) Such application shall coordinate the design and 
implementation of treatment programs between State correctional 
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 include individuals released from residential substance 
abuse treatment programs who remain in the custody of the State.
    ``(c) Eligibility for Preference With After Care Component.--
            ``(1) To be eligible for a preference under this part, a 
        State must ensure that individuals who participate in the 
        substance abuse treatment program established or implemented 
        with assistance provided under this part will be provided with 
        aftercare services.
            ``(2) State aftercare services must involve the 
        coordination of the correctional facility treatment program 
        with other human service and rehabilitation programs, such as 
        educational and job training programs, parole supervision 
        programs, half-way house programs, and participation in self-
        help and peer group programs, that may aid in the 
        rehabilitation of individuals in the substance abuse treatment 
        program.
            ``(3) To qualify as an aftercare program, the head of the 
        substance abuse treatment program, in conjunction with State 
        and local authorities and organizations involved in substance 
        abuse treatment, shall assist in placement of substance abuse 
        treatment program participants with appropriate community 
        substance abuse treatment facilities when such individuals 
        leave the correctional facility at the end of a sentence or on 
        parole.
    ``(d) State Office.--The Office designated under section 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 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.
    ``(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. 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 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 State prison population of such State bears to the total 
        prison population 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 information 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 general prison population--
                    ``(A) directed at the substance abuse problems of 
                the prisoner; and
                    ``(B) intended to develop the prisoner's cognitive, 
                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 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 $100,000,000 for 
each of the fiscal years 1994, 1995, and 1996 to carry out the projects 
under part Q.''.