< Back to H.R. 2944 (103rd Congress, 1993–1994)

Text of To provide grants to the States for drug testing projects when individuals are arrested and during the pretrial period.

...pretrial period.

This bill was introduced on August 6, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Aug 6, 1993 (Introduced).

Source: GPO

HR 2944 IH

103d CONGRESS

1st Session

H. R. 2944

To provide grants to the States for drug testing projects when individuals arrested and during the pretrial period.

IN THE HOUSE OF REPRESENTATIVES

August 6, 1993

Mr. HOAGLAND 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 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 Q as part R;

      (2) by redesignating section 1701 as section 1801; and

      (3) by inserting after part P the following:

‘PART Q--GRANTS FOR DRUG TESTING UPON ARREST

‘SEC. 1701. 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.

‘SEC. 1702. 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. 1703. 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 1702(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 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 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. 1704. 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 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 section 2001, 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 1702 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. 1705. 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 Q and inserting the following:

‘PART Q--DRUG TESTING FOR INDIVIDUALS ARRESTED

      ‘Sec. 1701. Grant authorization.

      ‘Sec. 1702. State applications.

      ‘Sec. 1703. Local applications.

      ‘Sec. 1704. Allocation and distribution of funds.

      ‘Sec. 1705. Report.

‘PART R--TRANSITION; EFFECTIVE DATE; REPEALER

      ‘Sec. 1801. 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:

    ‘(11) There are authorized to be appropriated $100,000,000 for the fiscal years 1994, 1995, and 1996 to carry out the projects under part Q.’.