Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants for States and local governments to develop, implement, or continue a drug testing project when individuals are arrested and during the pretrial period and after post-conviction release.
Sets forth State and local application requirements. Requires a State, to be eligible to receive funds, to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions.
Provides for the allocation and distribution of funds. Limits the Federal share to 75 percent of total project costs.
Authorizes appropriations.
[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3778 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 3778
To provide grants to the States for drug testing projects when
individuals are arrested and during the pretrial period.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 1996
Mr. Kennedy of Massachusetts (for himself, Mr. Frost, Ms. Lofgren, Ms.
Norton, Mr. Underwood, and Mr. Frazer) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide grants to the States for drug testing projects when
individuals are arrested and during the pretrial period.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DRUG TESTING UPON ARREST.
(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 Y as part Z;
(2) by redesignating section 2501 as section 2601; and
(3) by inserting after part X the following:
``PART Y--GRANTS FOR DRUG TESTING UPON ARREST
``SEC. 2501. GRANT AUTHORIZATION.
``The Director of the Bureau of Justice Assistance is authorized to
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,
implementing, or continuing a drug testing project when individuals are
arrested and during the pretrial period and after post conviction
release.
``SEC. 2502. STATE APPLICATIONS.
``(a) General Requirements.--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.
``(b) Mandatory Assurances.--To be eligible to receive funds under
this part, a State must agree to develop or maintain programs of
urinalysis or similar drug testing of individuals upon arrest and on a
regular basis pending trial for the purpose of making pretrial
detention decisions.
``(c) Central Office.--The office designated under section 507 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3757)--
``(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. 2503. 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 2502(c).
``(2) Such application shall be considered approved, in whole or in
part, by the State not later than 90 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 2501 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 90 days after the
Bureau 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 90-day requirement in this section upon a finding that the
State is unable to satisfy such requirement under State statutes.
``SEC. 2504. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Distribution.--Of the total amount appropriated under
this part in any fiscal year--
``(1) 1.0 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 individuals arrested in such State bears to the
number of individuals arrested 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 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 criminal justice 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
criminal justice 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 in such State's application.
``(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 this part, 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) 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 2502 for the
fiscal year for which the projects receive assistance under this part.
``(d) Geographic Distribution.--The Director shall attempt, to the
extent practicable, to achieve an equitable geographic distribution of
grant awards.
``SEC. 2505. REPORT.
``A State or unit of local government that receives funds under
this part shall submit to the Director a report in March of each fiscal
year that funds are received under this part regarding the
effectiveness of the drug testing project.''.
(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 Y and
inserting the following:
``Part Y--Drug Testing for Individuals Arrested
``Sec. 2501. Grant authorization.
``Sec. 2502. State applications.
``Sec. 2503. Local applications.
``Sec. 2504. Allocation and distribution of funds.
``Sec. 2505. Report.
``Part Z--Transition; Effective Date; Repealer
``Sec. 2601. Continuation of rules, authorities, and proceedings.''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793), is amended by adding at the end the
following:
``(22) There are authorized to be appropriated $100,000,000 for the
fiscal years 199____, 199____, and 199____ to carry out the projects
under part Y.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime.
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