home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Shareware Overload Trio 2
/
Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO
/
dir33
/
crimbill.zip
/
CBILL03D.TXT
< prev
next >
Wrap
Text File
|
1994-11-11
|
66KB
|
2,202 lines
TITLE III-CRIME PREVENTION Sections 31002-32001
SEC. 31002. TECHNICAL AMENDMENT.
The table of chapters at the beginning of subtitle V of title
United States Code, is amended by adding after the item
chapter 65 the following:
"67. Federal payments
6701".
Subtitle K-National Community Economic Partnership
SEC. 31101. SHORT TITLE.
This subtitle may be cited as the "National Community Economic
Partnership Act of 1994".
CHAPTER 1-COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS SEC. 31111.
PURPOSE.
It is the purpose of this chapter to increase private investment in
distressed local communities and to build and expand the capacity of
local institutions to better serve the economic needs of local
residents through the provision of financial and technical assistance
to community development corporations.
SEC. 31112. PROVISION OF ASSISTANCE.
(a) Authority .-The Secretary of Health and Human Services (referred
to in this subtitle as the "Secretary") may, in accordance with this
chapter, provide nonrefundable lines of credit to community
development corporations for the establishment, maintenance or
expansion of revolving loan funds to be utilized to finance projects
intended to provide business and employment opportunities
for low-income, unemployed, or underemployed individuals and to
improve the quality of life in urban and rural areas.
(b) Revolving Loan Funds .-
(1) Competitive assessment of applications .-In providing assistance
under subsection (a), the Secretary shall establish and implement a
competitive process for the solicitation and consideration of
applications from eligible entities for lines of credit for the
capitalization of revolving funds.
(2) Eligible entities .-To be eligible to receive a line of credit
under this chapter an applicant shall-
(A) be a community development corporation;
(B) prepare and submit an application to the Secretary that shall
include a strategic investment plan that identifies and describes the
economic characteristics of the target area to be served, the types of
business to be assisted and the impact of such assistance on
low-income, underemployed, and unemployed individuals in the target
area;
(C) demonstrate previous experience in the development of low-income
housing or community or business development projects in a low-income
community and provide a record of achievement with respect to such
projects; and
(D) have secured one or more commitments from local sources for
contributions (either in cash or in kind, letters of credit or letters
of commitment) in an amount that is at least equal to the amount
requested in the application submitted under subparagraph (B).
(3) Exception .-Notwithstanding the provisions of paragraph (2)(D),
the Secretary may reduce local contributions to not less than 25
percent of the amount of the line of credit requested by the community
development corporation if the Secretary determines such to be
appropriate in accordance with section 31116.
SEC. 31113. APPROVAL OF APPLICATIONS.
(a) In General .-In evaluating applications submitted under section
31112(b)(2)(B), the Secretary shall ensure that-
(1) the residents of the target area to be served (as identified under
the strategic development plan) would have an income that is less than
the median income for the area (as determined by the Secretary);
(2) the applicant community development corporation possesses the
technical and managerial capability necessary to administer a
revolving loan fund and has past experience in the development and
management of housing, community and economic development programs;
(3) the applicant community development corporation has provided
sufficient evidence of the existence of good working relationships
with-
(A) local businesses and financial institutions, as well as with the
community the corporation proposes to serve; and
(B) local and regional job training programs;
(4) the applicant community development corporation will target job
opportunities that arise from revolving loan fund investments under
this chapter so that 75 percent of the jobs retained or created under
such investments are provided to-
(A) individuals with-
(i) incomes that do not exceed the Federal poverty line; or
(ii) incomes that do not exceed 80 percent of the median income of the
area;
(B) individuals who are unemployed or underemployed;
(C) individuals who are participating or have participated in job
training programs authorized under the Job Training Partnership Act
(29 U.S.C. 1501 et seq.) or the Family Support Act of 1988 (Public Law
100-485);
(D) individuals whose jobs may be retained as a result of the
provision of financing available under this chapter; or
(E) individuals who have historically been underrepresented in the
local economy; and
(5) a representative cross section of applicants are approved,
including large and small community development corporations, urban
and rural community development corporations and community development
corporations representing diverse populations.
(b) Priority .-In determining which application to approve under this
chapter the Secretary shall give priority to those applicants
proposing to serve a target area-
(1) with a median income that does not exceed 80 percent of the median
for the area (as determined by the Secretary); and
(2) with a high rate of unemployment, as determined by the Secretary
or in which the population loss is at least 7 percent from April 1,
1980, to April 1, 1990, as reported by the Bureau of the Census.
SEC. 31114. AVAILABILITY OF LINES OF CREDIT AND USE.
(a) Approval of Application .-The Secretary shall provide a community
development corporation that has an application approved under section
31113 with a line of credit in an amount determined appropriate by the
Secretary, subject to the limitations contained in subsection (b).
(b) Limitations on Availability of Amounts .-
(1) Maximum amount .-The Secretary shall not provide in excess of $
2,000,000 in lines of credit under this chapter to a single applicant.
(2) Period of availability .-A line of credit provided under this
chapter shall remain available over a period of time established by
the Secretary, but
in no event shall any such period of time be in excess of 3 years from
the date on which such line of credit is made available.
(3) Exception .-Notwithstanding paragraphs (1) and (2), if a recipient
of a line of credit under this chapter has made full and productive
use of such line of credit, can demonstrate the need and demand for
additional assistance, and can meet the requirements of section
31112(b)(2), the amount of such line of credit may be increased by not
more than $ 1,500,000.
(c) Amounts Drawn From Line of Credit .-Amounts drawn from each line
of credit under this chapter shall be used solely for the purposes
described in section 31111 and shall only be drawn down as needed to
provide loans, investments, or to defray administrative costs related
to the establishment of a revolving loan fund. [*H8797]
(d) Use of Revolving Loan Funds .-Revolving loan funds established
with lines of credit provided under this chapter may be used to
provide technical assistance to private business enterprises and to
provide financial assistance in the form of loans, loan guarantees,
interest reduction assistance, equity shares, and other such forms of
assistance to business enterprises in target areas and who are in
compliance with section 31113(a)(4).
SEC. 31115. LIMITATIONS ON USE OF FUNDS.
(a) Matching Requirement .-Not to exceed 50 percent of the total
amount to be invested by an entity under this chapter may be derived
from funds made available from a line of credit under this chapter.
(b) Technical Assistance and Administration .-Not to exceed 10 percent
of the amounts available from a line of credit under this chapter
shall be used for the provision of training or technical assistance
and for the planning, development, and management of economic
development projects. Community development corporations shall be
encouraged by the Secretary to seek technical assistance from other
community development corporations, with expertise in the planning,
development and management of economic development projects. The
Secretary shall assist in the identification and facilitation of such
technical assistance.
(c) Local and Private Sector Contributions .-To receive funds
available under a line of credit provided under this chapter, an
entity, using procedures established by the Secretary, shall
demonstrate to the community development corporation that such entity
agrees to provide local and private sector contributions in accordance
with section 31112(b)(2)(D), will participate with such community
development corporation in a loan, guarantee or investment program for
a designated business enterprise, and that the total financial
commitment to be provided by such entity is at least equal to the
amount to be drawn from the line of credit.
(d) Use of Proceeds From Investments .-Proceeds derived from
investments made using funds made available under this chapter may be
used only for the purposes described in section 31111 and shall be
reinvested in the community in which they were generated.
SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.
(a) In General .-The Secretary shall give priority in providing lines
of credit under this chapter to community development corporations
that propose to undertake economic development activities in
distressed communities that target women, Native Americans, at risk
youth, farmworkers, population- losing communities, very low-income
communities, single mothers, veterans, and refugees; or that expand
employee ownership of private enterprises and small businesses, and to
programs providing loans of not more than $ 35,000 to very small
business enterprises.
(b) Reservation of Funds .-Not less than 5 percent of the amounts made
available under section 31112(a)(2)(A) may be reserved to carry out
the activities described in subsection (a).
CHAPTER 2-EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS.
(a) Purpose .-It is the purpose of this section to provide assistance
to community development corporations to upgrade the management and
operating capacity of such corporations and to enhance the resources
available to enable such corporations to increase their community
economic development activities.
(b) Skill Enhancement Grants .-
(1) In general .-The Secretary shall award grants to community
development corporations to enable such corporations to attain or
enhance the business management and development skills of the
individuals that manage such corporations to enable such corporations
to seek the public and private resources necessary to develop
community economic development projects.
(2) Use of funds .-A recipient of a grant under paragraph (1) may use
amounts received under such grant- (A) to acquire training and
technical assistance from agencies or institutions that have extensive
experience in the development and management of low-income community
economic development projects; or
(B) to acquire such assistance from other highly successful community
development corporations.
(c) Operating Grants .-
(1) In general .-The Secretary shall award grants to community
development corporations to enable such corporations to support an
administrative capacity for the planning, development, and management
of low-income community economic development projects.
(2) Use of funds .-A recipient of a grant under paragraph (1) may use
amounts received under such grant-
(A) to conduct evaluations of the feasibility of potential low-income
community economic development projects that address identified needs
in the low-income community and that conform to those projects and
activities permitted under subtitle A;
(B) to develop a business plan related to such a potential project; or
(C) to mobilize resources to be contributed to a planned low-income
community economic development project or strategy.
(d) Applications .-A community development corporation that desires to
receive a grant under this section shall prepare and submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
(e) Amount Available for a Community Development Corporation .-Amounts
provided under this section to a community development corporation
shall not exceed $ 75,000 per year. Such corporations may apply for
grants under this section for up to 3 consecutive years, except that
such corporations shall be required to submit a new application for
each grant for which such corporation desires to receive and compete
on the basis of such applications in the selection process.
SEC. 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION REVOLVING LOAN
FUNDS.
(a) Authority .-The Secretary may award grants to emerging community
development corporations to enable such corporations to establish,
maintain or expand revolving loan funds, to make or guarantee loans,
or to make capital investments in new or expanding local businesses.
(b) Eligibility .-To be eligible to receive a grant under subsection
(a), an entity shall-
(1) be a community development corporation;
(2) have completed not less than one nor more than two community
economic development projects or related projects that improve or
provide job and employment opportunities to low-income individuals;
(3) prepare and submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require, including a strategic investment plan that identifies and
describes the economic characteristics of the target area to be
served, the types of business to be assisted using amounts received
under the grant and the impact of such assistance on low-income
individuals; and
(4) have secured one or more commitments from local sources for
contributions (either in cash or in kind, letters of credit, or
letters of commitment) in an amount that is equal to at least 10
percent of the amounts requested in the application submitted under
paragraph (2).
(c) Use of the Revolving Loan Fund .-
(1) In general .-A revolving loan fund established or maintained with
amounts received under this section may be utilized to provide
financial and technical assistance, loans, loan guarantees or
investments to private business enterprises to-
(A) finance projects intended to provide business and employment
opportunities for low-income individuals and to improve the quality of
life in
urban and rural areas; and
(B) build and expand the capacity of emerging community development
corporations and serve the economic needs of local residents.
(2) Technical assistance .-The Secretary shall encourage emerging
community development corporations that receive grants under this
section to seek technical assistance from established community
development corporations, with expertise in the planning, development
and management of economic development projects and shall facilitate
the receipt of such assistance.
(3) Limitation .-Not to exceed 10 percent of the amounts received
under this section by a grantee shall be used for training, technical
assistance and administrative purposes.
(d) Use of Proceeds From Investments .-Proceeds derived from
investments made with amounts provided under this section may be
utilized only for the purposes described in this subtitle and shall be
reinvested in the community in which they were generated.
(e) Amounts Available .-Amounts provided under this section to a
community development corporation shall not exceed $ 500,000 per year.
CHAPTER 3-MISCELLANEOUS PROVISIONS
SEC. 31131. DEFINITIONS.
As used in this subtitle:
(1) Community development corporation .-The term "community
development corporation" means a private, nonprofit corporation whose
board of directors is comprised of business, civic and community
leaders, and whose principal purpose includes the provision of
low-income housing or community economic development projects that
primarily benefit low-income individuals and communities.
(2) Local and private sector contribution .-The term "local and
private sector contribution" means the funds available at the local
level (by private financial institutions, State and local governments)
or by any private philanthropic organization and private, nonprofit
organizations that will be committed and used solely for the purpose
of financing private business enterprises in conjunction with amounts
provided under this subtitle.
(3) Population-losing community .-The term "population-losing
community" means any county in which the net population loss is at
least 7 percent from April 1, 1980 to April 1, 1990, as reported by
the Bureau of the Census.
(4) Private business enterprise .-The term "private business
enterprise" means any business enterprise that is engaged in the
manufacture of a product, provision of a service, construction or
development of a facility, or that is involved in some other
commercial, manufacturing or industrial activity, and that agrees to
target job opportunities stemming from investments authorized under
this subtitle to certain individuals.
(5) Target area .-The term "target area" means any area defined in an
application for assistance under this subtitle that has a population
whose
income does not exceed the median for the area within which the target
area is located.
(6) Very low-income community .-The term "very low-income community"
means a community in which the median income of the residents of such
community does not exceed 50 percent of the median income of the area.
SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.
(a) In General .-There are authorized to be appropriated to carry out
chapters 1 and 2-
(1) $ 45,000,000 for fiscal year 1996; [*H8798]
(2) $ 72,000,000 for fiscal year 1997;
(3) $ 76,500,000 for fiscal year 1998; and
(4) $ 76,500,000 for fiscal year 1999.
(b) Earmarks .-Of the aggregate amount appropriated under subsection
(a) for each fiscal year-
(1) 60 percent shall be available to carry out chapter 1; and
(2) 40 percent shall be available to carry out chapter 2.
(c) Amounts .-Amounts appropriated under subsection (a) shall remain
available for expenditure without fiscal year limitation.
SEC. 31133. PROHIBITION.
None of the funds authorized under this subtitle shall be used to
finance the construction of housing.
Subtitle O-Urban Recreation and At-Risk Youth
SEC. 31501. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recovery Act of 1978 is
amended by adding the following at the end: "It is further the purpose
of this title to improve recreation facilities and expand recreation
services in urban areas with a high incidence of crime and to help
deter crime through the expansion of recreation opportunities for
at-risk youth. It is the further purpose of this section to increase
the security of urban parks and to promote collaboration between local
agencies involved in parks and recreation, law enforcement, youth
social services, and juvenile justice system.".
SEC. 31502. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act of 1978 is
amended by inserting the following new subsection after subsection (c)
and by redesignating subsections (d) through (j) as (e) through (k),
respectively:
"(d) 'at-risk youth recreation grants' means-
"(1) rehabilitation grants,
"(2) innovation grants, or
"(3) matching grants for continuing program support for programs of
demonstrated value or success in providing constructive alternatives
to youth at risk for engaging in criminal behavior, including grants
for operating, or coordinating recreation programs and services;
in neighborhoods and communities with a high prevalence of crime,
particularly violent crime or crime committed by youthful offenders;
in addition to the purposes specified in subsection (b),
rehabilitation grants referred to in paragraph (1) of this subsection
may be used for the provision of lighting, emergency phones or other
capital improvements which will improve the security of urban parks;".
SEC. 31503. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recovery Act of 1978 is
amended by striking "and" at the end of paragraph (6), by striking the
period at the end of paragraph (7) and inserting "; and" and by adding
the following at the end:
"(8) in the case of at-risk youth recreation grants, the Secretary
shall give a priority to each of the following criteria:
"(A) Programs which are targeted to youth who are at the greatest risk
of becoming involved in violence and crime.
"(B) Programs which teach important values and life skills, including
teamwork, respect, leadership, and self-esteem.
"(C) Programs which offer tutoring, remedial education, mentoring, and
counseling in addition to recreation opportunities.
"(D) Programs which offer services during late night or other
nonschool hours.
"(E) Programs which demonstrate collaboration between local park and
recreation, juvenile justice, law enforcement, and youth social
service agencies and nongovernmental entities, including the private
sector and community and nonprofit organizations.
"(F) Programs which leverage public or private recreation investments
in the form of services, materials, or cash.
"(G) Programs which show the greatest potential of being continued
with non-Federal funds or which can serve as models for other
communities.".
SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery Act of 1978
is amended by adding the following at the end: "In order to be
eligible to receive 'at-risk youth recreation grants' a local
government shall amend its 5-year
action program to incorporate the goal of reducing crime and juvenile
delinquency and to provide a description of the implementation
strategies to achieve this goal. The plan shall also address how the
local government is coordinating its recreation programs with crime
prevention efforts of law enforcement, juvenile corrections, and youth
social service agencies.".
SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) Program Support .-Section 1013 of the Urban Park and Recreation
Recovery Act of 1978 is amended by inserting "(a) In General .-" after
"1013" and by adding the following new subsection at the end:
"(b) Program Support .-Not more than 25 percent of the amounts made
available under this title to any local government may be used for
program support.".
(b) Extension .-Section 1003 of the Urban Park and Recreation Recovery
Act of 1978 is amended by striking "for a period of five years" and by
striking "short-term".
(c) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this subtitle-
(1) $ 2,700,000 for fiscal year 1996;
(2) $ 450,000 for fiscal year 1997;
(3) $ 450,000 for fiscal year 1998;
(4) $ 450,000 for fiscal year 1999; and
(5) $ 450,000 for fiscal year 2000.
Subtitle Q-Community-Based Justice Grants for Prosecutors
SEC. 31701. GRANT AUTHORIZATION.
(a) In General .-The Attorney General may make grants to State, Indian
tribal, or local prosecutors for the purpose of supporting the
creation or expansion of community-based justice programs.
(b) Consultation .-The Attorney General may consult with the Ounce of
Prevention Council in making grants under subsection (a).
SEC. 31702. USE OF FUNDS.
Grants made by the Attorney General under this section shall be used-
(1) to fund programs that require the cooperation and coordination of
prosecutors, school officials, police, probation officers, youth and
social service professionals, and community members in the effort to
reduce the incidence of, and increase the successful identification
and speed of prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the offender, not
simply the specific offense, and impose individualized sanctions,
designed to deter
that offender from further antisocial conduct, and impose increasingly
serious sanctions on a young offender who continues to commit
offenses;
(3) to fund programs that coordinate criminal justice resources with
educational, social service, and community resources to develop and
deliver violence prevention programs, including mediation and other
conflict resolution methods, treatment, counselling, educational, and
recreational programs that create alternatives to criminal activity;
and
(4) in rural States (as defined in section 1501(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796bb(B)), to fund cooperative efforts between State and local
prosecutors, victim advocacy and assistance groups, social and
community service providers, and law enforcement agencies to
investigate and prosecute child abuse cases, treat youthful victims of
child abuse, and work in cooperation with the community to develop
education and prevention strategies directed toward the issues with
which such entities are concerned.
SEC. 31703. APPLICATIONS.
(a) Eligibility .-In order to be eligible to receive a grant under
this part for any fiscal year, a State, Indian tribal, or local
prosecutor, in conjunction with the chief executive officer of the
jurisdiction in which the program will be placed, shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
(b) Requirements .-Each applicant shall include-
(1) a request for funds for the purposes described in section 31702;
(2) a description of the communities to be served by the grant,
including the nature of the youth crime, youth violence, and child
abuse problems within such communities;
(3) 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 section; and
(4) statistical information in such form and containing such
information that the Attorney General may require.
(c) Comprehensive Plan .-Each applicant shall include a comprehensive
plan that shall contain-
(1) a description of the youth violence or child abuse crime problem;
(2) an action plan outlining how the applicant will achieve the
purposes as described in section 31702;
(3) a description of the resources available in the community to
implement the plan together with a description of the gaps in the plan
that cannot be filled with existing resources; and
(4) a description of how the requested grant will be used to fill
gaps.
SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(a) Administrative Cost Limitation .-The Attorney General shall use
not more than 5 percent of the funds available under this program for
the purposes of administration and technical assistance.
(b) Renewal of Grants .-A grant under this part may be renewed for up
to 2 additional years after the first fiscal year during which the
recipient receives its initial grant under this part, subject to the
availability of funds, if-
(1) the Attorney General determines that the funds made available to
the recipient during the previous years were used in a manner required
under the approved application; and
(2) the Attorney General determines that an additional grant is
necessary to implement the community prosecution program described in
the comprehensive plan required by section 31703.
SEC. 31705. AWARD OF GRANTS.
The Attorney General shall consider the following facts in awarding
grants:
(1) Demonstrated need and evidence of the ability to provide the
services described in the plan required under section 31703.
(2) The Attorney General shall attempt, to the extent practicable, to
achieve an equitable geographic distribution of grant awards.
SEC. 31706. REPORTS.
(a) Report to Attorney General .-State and local prosecutors that
receive funds under this subtitle shall submit to the Attorney General
a report not later than March 1 of each year that describes progress
achieved in carrying out the plan described under section 31703(c).
(b) Report to Congress .-The Attorney General shall submit to the
Congress a report by October 1 of each year in which grants are made
available under this subtitle which shall contain a detailed statement
regarding grant awards, activities of grant recipients, a compilation
of [*H8799] statistical information submitted by applicants, and an
evaluation of programs established under this subtitle.
SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle-
(1) $ 7,000,000 for fiscal year 1996;
(2) $ 10,000,000 for fiscal year 1997;
(3) $ 10,000,000 for fiscal year 1998;
(4) $ 11,000,000 for fiscal year 1999; and
(5) $ 12,000,000 for fiscal year 2000.
SEC. 31708. DEFINITIONS.
In this subtitle-
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as
defined in or established under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, and the United States Virgin Islands.
"Young violent offenders" means individuals, ages 7 through 22, who
have committed crimes of violence, weapons offenses, drug
distribution, hate crimes and civil rights violations, and offenses
against personal property of another.
Subtitle S-Family Unity Demonstration Project
SEC. 31901. SHORT TITLE.
This subtitle may be cited as the "Family Unity Demonstration Project
Act".
SEC. 31902. PURPOSE.
The purpose of this subtitle is to evaluate the effectiveness of
certain demonstration projects in helping to-
(1) alleviate the harm to children and primary caretaker parents
caused by separation due to the incarceration of the parents;
(2) reduce recidivism rates of prisoners by encouraging strong and
supportive family relationships; and
(3) explore the cost effectiveness of community correctional
facilities.
SEC. 31903. DEFINITIONS.
In this subtitle-
"child" means a person who is less than 7 years of age.
"community correctional facility" means a residential facility that-
(A) is used only for eligible offenders and their children under 7
years of age;
(B) is not within the confines of a jail or prison;
(C) houses no more than 50 prisoners in addition to their children;
and
(D) provides to inmates and their children-
(i) a safe, stable, environment for children;
(ii) pediatric and adult medical care consistent with medical
standards for correctional facilities;
(iii) programs to improve the stability of the parent-child
relationship, including educating parents regarding-
(I) child development; and
(II) household management;
(iv) alcoholism and drug addiction treatment for prisoners; and
(v) programs and support services to help inmates-
(I) to improve and maintain mental and physical health, including
access to counseling;
(II) to obtain adequate housing upon release from State incarceration;
(III) to obtain suitable education, employment, or training for
employment; and
(IV) to obtain suitable child care.
"eligible offender" means a primary caretaker parent who-
(A) has been sentenced to a term of imprisonment of not more than 7
years or is awaiting sentencing for a conviction punishable by such a
term of imprisonment; and
(B) has not engaged in conduct that-
(i) knowingly resulted in death or serious bodily injury;
(ii) is a felony for a crime of violence against a person; or
(iii) constitutes child neglect or mental, physical, or sexual abuse
of a child.
"primary caretaker parent" means-
(A) a parent who has consistently assumed responsibility for the
housing, health, and safety of a child prior to incarceration; or
(B) a woman who has given birth to a child after or while awaiting her
sentencing hearing and who expresses a willingness to assume
responsibility for the housing, health, and safety of that child, a
parent who, in the best interest of a child, has arranged for the
temporary care of the child in the home of a relative or other
responsible adult shall not for that reason be excluded from the
category "primary caretaker".
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization .-There are authorized to be appropriated to carry
out this subtitle-
(1) $ 3,600,000 for fiscal year 1996;
(2) $ 3,600,000 for fiscal year 1997;
(3) $ 3,600,000 for fiscal year 1998;
(4) $ 3,600,000 for fiscal year 1999; and
(5) $ 5,400,000 for fiscal year 2000.
(b) Availability of Appropriations .-Of the amount appropriated under
subsection (a) for any fiscal year-
(1) 90 percent shall be available to carry out chapter 1; and
(2) 10 percent shall be available to carry out chapter 2.
CHAPTER 1-GRANTS TO STATES
SEC. 31911. AUTHORITY TO MAKE GRANTS.
(a) General Authority .-The Attorney General may make grants, on a
competitive basis, to States to carry out in accordance with this
subtitle family unity demonstration projects that enable eligible
offenders to live in community correctional facilities with their
children.
(b) Preferences .-For the purpose of making grants under subsection
(a), the Attorney General shall give preference to a State that
includes in the application required by section 31912 assurances that
if the State receives a grant-
(1) both the State corrections agency and the State health and human
services agency will participate substantially in, and cooperate
closely in all aspects of, the development and operation of the family
unity demonstration project for which such a grant is requested;
(2) boards made up of community members, including residents, local
businesses, corrections officials, former prisoners, child development
professionals, educators, and maternal and child health professionals
will be established to advise the State regarding the operation of
such project;
(3) the State has in effect a policy that provides for the placement
of all prisoners, whenever possible, in correctional facilities for
which they qualify that are located closest to their respective family
homes;
(4) unless the Attorney General determines that a longer timeline is
appropriate in a particular case, the State will implement the project
not later than 180 days after receiving a grant under subsection (a)
and will expend all of the grant during a 1-year period;
(5) the State has the capacity to continue implementing a community
correctional facility beyond the funding period to ensure the
continuity of the work;
(6) unless the Attorney General determines that a different process
for selecting participants in a project is desirable, the State will-
(A) give written notice to a prisoner, not later than 30 days after
the State first receives a grant under subsection (a) or 30 days after
the prisoner is sentenced to a term of imprisonment of not more than 7
years (whichever is later), of the proposed or current operation of
the project;
(B) accept at any time at which the project is in operation an
application by a prisoner to participate in the project if, at the
time of application, the remainder of the prisoner's sentence exceeds
180 days;
(C) review applications by prisoners in the sequence in which the
State receives such applications; and
(D) not more than 50 days after reviewing such applications approve or
disapprove the application; and
(7) for the purposes of selecting eligible offenders to participate in
such project, the State has authorized State courts to sentence an
eligible offender directly to a community correctional facility,
provided that the court gives assurances that the offender would have
otherwise served a term of imprisonment.
(c) Selection of Grantees .-The Attorney General shall make grants
under subsection (a) on a competitive basis, based on such criteria as
the Attorney General shall issue by rule and taking into account the
preferences described in subsection (b).
SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 31911, a State shall
submit to the Attorney General an application at such time, in such
form, and containing such information as the Attorney General
reasonably may require by rule.
SEC. 31913. REPORT.
(a) In General .-A State that receives a grant under this title shall,
not later than 90 days after the 1-year period in which the grant is
required to be expended, submit a report to the Attorney General
regarding the family unity demonstration project for which the grant
was expended.
(b) Contents .-A report under subsection (a) shall-
(1) state the number of prisoners who submitted applications to
participate in the project and the number of prisoners who were placed
in community
correctional facilities;
(2) state, with respect to prisoners placed in the project, the number
of prisoners who are returned to that jurisdiction and custody and the
reasons for such return;
(3) describe the nature and scope of educational and training
activities provided to prisoners participating in the project;
(4) state the number, and describe the scope of, contracts made with
public and nonprofit private community-based organizations to carry
out such project; and
(5) evaluate the effectiveness of the project in accomplishing the
purposes described in section 31902.
CHAPTER 2-FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS
SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.
(a) In General .-With the funds available to carry out this subtitle
for the benefit of Federal prisoners, the Attorney General, acting
through the Director of the Bureau of Prisons, shall select eligible
prisoners to live in community correctional facilities with their
children.
(b) General Contracting Authority .-In implementing this title, the
Attorney General may enter into contracts with appropriate public or
private agencies to provide housing, sustenance, services, and
supervision of inmates eligible for placement in community
correctional facilities under this title.
(c) Use of State Facilities .-At the discretion of the Attorney
General, Federal participants may be placed in State projects as
defined in chapter 1. For such participants, the Attorney General
shall, with funds available under section [*H8800] 31904(b)(2),
reimburse the State for all project costs related to the Federal
participant's placement, including administrative costs.
SEC. 31922. REQUIREMENTS.
For the purpose of placing Federal participants in a family unity
demonstration project under section 31921, the Attorney General shall
consult with the Secretary of Health and Human Services regarding the
development and operation of the project.
Subtitle T-Substance Abuse Treatment in Federal Prisons FROM
103H3350.EH
SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.
Section 3621 of title 18, United States Code, is amended-
(1) in the last sentence of subsection (b), by striking ", to the
extent practicable,"; and
(2) by adding at the end the following new subsection:
"(e) Substance Abuse Treatment.-
"(1) Phase-in .-In order to carry out the requirement of the last
sentence of subsection (b) of this section, that every prisoner with a
substance abuse problem have the opportunity to participate in
appropriate substance abuse treatment, the Bureau of Prisons shall,
subject to the availability of appropriations, provide residential
substance abuse treatment (and make arrangements for appropriate
aftercare)-
"(A) for not less than 50 percent of eligible prisoners by the end of
fiscal year 1995, with priority for such treatment accorded based on
an eligible prisoner's proximity to release date;
"(B) for not less than 75 percent of eligible prisoners by the end of
fiscal year 1996, with priority for such treatment accorded based on
an eligible prisoner's proximity to release date; and
"(C) for all eligible prisoners by the end of fiscal year 1997 and
thereafter, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date.
"(2) Incentive for prisoners' successful completion of treatment
program.-
"(A) Generally .-Any prisoner who, in the judgment of the Director of
the Bureau of Prisons, has successfully completed a program of
residential substance abuse treatment provided under paragraph (1) of
this subsection, shall remain in the custody of the Bureau under such
conditions as the Bureau deems appropriate. If the conditions of
confinement are different from those the prisoner would have
experienced absent the successful completion of the treatment, the
Bureau shall periodically test the prisoner for substance abuse and
discontinue such conditions on determining that substance abuse has
recurred.
"(B) Period of custody .-The period a prisoner convicted of a
nonviolent offense remains in custody after successfully completing a
treatment program may be reduced by the Bureau of Prisons, but such
reduction may not be more than one year from the term the prisoner
must otherwise serve.
"(3) Report .-The Bureau of Prisons shall transmit to the Committees
on the Judiciary of the Senate and the House of Representatives on
January 1, 1995, and on January 1 of each year thereafter, a report.
Such report shall contain-
"(A) a detailed quantitative and qualitative description of each
substance abuse treatment program, residential or not, operated by the
Bureau;
"(B) a full explanation of how eligibility for such programs is
determined, with complete information on what proportion of prisoners
with substance abuse problems are eligible; and
"(C) a complete statement of to what extent the Bureau has achieved
compliance with the requirements of this title.
"(4) Authorization of appropriations .-There are authorized to be
appropriated to carry out this subsection-
"(A) $ 13,500,000 for fiscal year 1996;
"(B) $ 18,900,000 for fiscal year 1997;
"(C) $ 25,200,000 for fiscal year 1998;
"(D) $ 27,000,000 for fiscal year 1999; and
"(E) $ 27,900,000 for fiscal year 2000.
"(5) Definitions .-As used in this subsection-
"(A) the term 'residential substance abuse treatment' means a course
of individual and group activities, lasting between 6 and 12 months,
in residential treatment facilities set apart from the general prison
population-
"(i) directed at the substance abuse problems of the prisoner; and
"(ii) 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;
"(B) the term 'eligible prisoner' means a prisoner who is-
"(i) determined by the Bureau of Prisons to have a substance abuse
problem; and
"(ii) willing to participate in a residential substance abuse
treatment program; and
"(C) the term 'aftercare' means placement, case management and
monitoring of the participant in a community-based substance abuse
treatment program when the participant leaves the custody of the
Bureau of Prisons.
"(6) Coordination of federal assistance .-The Bureau of Prisons shall
consult with the Department of Health and Human Services concerning
substance abuse treatment and related services and the incorporation
of applicable components of existing comprehensive approaches
including relapse prevention and aftercare services.".
Subtitle U-Residential Substance Abuse Treatment for State Prisoners
FROM 103H3354.EH
SEC. 32101. 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.), as amended by section 20201(a), is amended-
(1) by redesignating part S as part T;
(2) by redesignating section 1901 as section 2001; and
(3) by inserting after part R the following new part:
"PART S-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
"SEC. 1901. GRANT AUTHORIZATION.
"(a) The Attorney General may make grants under this part to States,
for 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 and detention facilities in which inmates are
incarcerated for a period of time sufficient to permit substance abuse
treatment.
"(b) Consultation .-The Attorney General shall consult with the
Secretary of Health and Human Services to ensure that projects of
substance abuse treatment and related services for State prisoners
incorporate applicable components of existing comprehensive approaches
including relapse prevention and after care services.
"SEC. 1902. 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 Attorney
General in such form and containing such information as the Attorney
General 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 other proven reliable forms of 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) Coordination of Federal Assistance .-Each application submitted
for a grant under this section shall include a description of how the
funds made available under this section will be coordinated with
Federal assistance for substance abuse treatment and aftercare
services currently provided by the Department of Health and Human
Services' Substance Abuse and Mental Health Services Administration.
"(e) State Office .-The Office designated under section 507-
"(1) shall prepare the application as required under this section; 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. 1903. REVIEW OF STATE APPLICATIONS.
"(a) In General .-The Attorney General shall make a grant under
section 1901 to carry out the projects described in the application
submitted under section 1902 upon determining that-
"(1) the application is consistent with the requirements of this part;
and
"(2) before the approval of the application the Attorney General 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 1902 shall be
considered approved, in whole or in part, by the Attorney General not
later than 90 days after first received unless the Attorney General
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 Attorney General
shall not disapprove any application without first affording the
applicant reasonable notice and an opportunity for reconsideration.
[*H8801]
"SEC. 1904. 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 1902 for the fiscal year
for which the projects receive assistance under this part.
"SEC. 1905. EVALUATION.
"Each State that receives a grant under this part shall submit to the
Attorney General an evaluation not later than March 1 of each year in
such form and containing such information as the Attorney General may
reasonably require.".
(b) Technical 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.), as amended by section 20201(b), is amended by inserting after
the matter relating to part R the following new part:
"Part S-Residential Substance Abuse Treatment for State Prisoners
"Sec. 1901. Grant authorization.
"Sec. 1902. State applications.
"Sec. 1903. Review of State applications.
"Sec. 1904. Allocation and distribution of funds.
"Sec. 1905. Evaluation.
"Part T-Transition-Effective Date-Repealer
"Sec. 2001. Confirmation 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)), as amended by section
20201(c), is amended-
(1) by striking "and" at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and inserting
"; and"; and (3) by adding at the end the following new paragraph:
"(25) the term 'residential substance abuse treatment program' means a
course of individual and group activities, lasting between 6 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.".
(d) 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), as amended by section 20201(d), is amended-
(1) in paragraph (3) by striking "and R" and inserting "R, or S"; and
(2) by adding at the end the following new paragraph:
"(17) There are authorized to be appropriated to carry out the
projects under part S-
"(A) $ 27,000,000 for fiscal year 1996;
"(B) $ 36,000,000 for fiscal year 1997;
"(C) $ 63,000,000 for fiscal year 1998;
"(D) $ 72,000,000 for fiscal year 1999; and
"(E) $ 72,000,000 for fiscal year 2000.".
Subtitle V-Prevention, Diagnosis, and Treatment of Tuberculosis in
Correctional Institutions
SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS.
(a) Guidelines .-The Attorney General, in consultation with the
Secretary of Health and Human Services and the Director of the
National Institute of Corrections, shall develop and disseminate to
appropriate entities, including State, Indian tribal, and local
correctional institutions and the Immigration and Naturalization
Service, guidelines for the prevention, diagnosis, treatment, and
followup care of tuberculosis among inmates of correctional
institutions and persons held in holding facilities operated by or
under contract with the Immigration and Naturalization Service.
(b) Compliance .-The Attorney General shall ensure that prisons in the
Federal prison system and holding facilities operated by or under
contract with the Immigration and Naturalization Service comply with
the guidelines described in subsection (a).
(c) Grants .-
(1) In general .-The Attorney General shall make grants to State,
Indian tribal, and local correction authorities and public health
authorities to assist in establishing and operating programs for the
prevention, diagnosis, treatment, and followup care of tuberculosis
among inmates of correctional institutions.
(2) Federal share .-The Federal share of funding of a program funded
with a grant under paragraph (1) shall not exceed 50 percent.
(3) Authorization of appropriations .-There are authorized to be
appropriated to carry out this section-
(A) $ 700,000 for fiscal year 1996;
(B) $ 1,000,000 for fiscal year 1997;
(C) $ 1,000,000 for fiscal year 1998;
(D) $ 1,100,000 for fiscal year 1999; and
(E) $ 1,200,000 for fiscal year 2000.
(d) Definitions .-In this section-
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as
defined in or established under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, and the United States Virgin Islands.
Subtitle X-Gang Resistance Education and Training
SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.
(a) Establishment of Projects .-
(1) In general .-The Secretary of the Treasury shall establish not
less than 50 Gang Resistance Education and Training (GREAT) projects,
to be located in communities across the country, in addition to the
number of projects currently funded.
(2) Selection of communities .-Communities identified for such GREAT
projects shall be selected by the Secretary of the Treasury on the
basis of gang-related activity in that particular community.
(3) Amount of assistance per project; allocation .-The Secretary of
the Treasury shall make available not less than $ 800, 000 per
project, subject to the availability of appropriations, and such funds
shall be allocated-
(A) 50 percent to the affected State and local law enforcement and
prevention organizations participating in such projects; and
(B) 50 percent to the Bureau of Alcohol, Tobacco and Firearms for
salaries, expenses, and associated administrative costs for operating
and overseeing such projects.
(b) Authorization of Appropriations .-There is authorized to be
appropriated to carry out this section-
(1) $ 9,000,000 for fiscal year 1995;
(2) $ 7,200,000 for fiscal year 1996;
(3) $ 7,200,000 for fiscal year 1997;
(4) $ 7,200,000 for fiscal year 1998;
(5) $ 7,200,000 for fiscal year 1999; and
(6) $ 7,200,000 for fiscal year 2000.