[Page H1465]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AMENDMENTS
Under clause 6 of rule XXIII, proposed amendments were submitted as
follows:

H.R. 667

Offered By: Mr. Berman

Amendment No. 10: Page 9, after line 6, add the following:
(c) Availability of Funds.--Notwithstanding any other
provision of this Act, of the funds made available under
subsection (a) the following amounts shall be available only
to carry out section 242(j) of the Immigration and
Nationality Act:
(1) $330,000,000 for fiscal year 1996.
(2) $310,000,000 for fiscal year 1997.
(3) $305,000,000 for fiscal year 1998.
(4) $320,000,000 for fiscal year 1999.
(5) $340,000,000 for fiscal year 2000.
H.R. 667

Offered By: Mr. Berman

Amendment No. 11: Page 8, strike lines 7 through 11 and
insert the following:
``(1) $667,500,000 for fiscal year 1996;
``(2) $1,020,000,000 for fiscal year 1997;
``(3) $2,222,000,000 for fiscal year 1998;
``(4) $2,340,000,000 for fiscal year 1999; and
``(5) $2,413,100,000 for fiscal year 2000.''.
At the end insert the following new title:
TITLE V--COMPENSATION FOR INCARCERATION OF UNDOCUMENTED CRIMINAL
ALIENS.

SEC. 501. COMPENSATION FOR INCARCERATION OF UNDOCUMENTED
CRIMINAL ALIENS.

(a) Funding.--Section 242(j) of the Immigration and
Nationality Act (8 U.S.C. 1252(J)) is amended by striking
paragraph (5) and inserting the following:
``(5) The Attorney General shall pay to each State and
political subdivision of a State which is eligible for
payments under this subsection the amounts to which they are
entitled under paragraph (1)(A) in such amounts as in the
aggregate do not exceed--
``(A) $630,000,000 for fiscal year 1996;
``(B) $640,000,000 for fiscal year 1997;
``(C) $655,000,000 for fiscal year 1998;
``(D) $670,000,000 for fiscal year 1999; and
``(E) $680,000,000 for fiscal year 2000.
``(6) Ratable Reduction Rule.--If the sums available under
paragraph (5) for any fiscal year for making payments under
this subsection are not sufficient to pay in full the total
amounts which all States and subdivisions of States are
entitled to receive under this subsection for such fiscal
year, the amount which each State and political subdivision
of a State is entitled to receive under this subsection for
such fiscal year shall be ratably reduced. In case additional
funds become available for making such payments for any
fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the
same basis as they were reduced.''.
(b) Termination of Limitation.--Section 20301(c) of the
Violent Crime Control and Law Enforcement Act of 1994 is
amended by striking ``2004'' and inserting ``2000''.
H.R. 667

Offered By: Mr. Berman

Amendment No. 12. Page 8, strike lines 7 through 11 and
insert the following:
``(1) $667,500,000 for fiscal year 1996;
``(2) $1,020,000,000 for fiscal year 1997;
``(3) $2,222,000,000 for fiscal year 1998;
``(4) $2,340,000,000 for fiscal year 1999; and
``(5) $2,413,100,000 for fiscal year 2000.''.
Page 10, after line 10, insert the following new
subsection:
(c) Compensation for Incarceration of Undocumented Criminal
Aliens.--Section 242(j)(5) of the Immigration and Nationality
Act (8 U.S.C. 1252(j)) is amended by striking all after
subparagraph (A) and inserting the following:
``(B) $630,000,000 for fiscal year 1996;
``(C) $640,000,000 for fiscal year 1997;
``(D) $655,000,000 for fiscal year 1998;
``(E) $670,000,000 for fiscal year 1999; and
``(F) $680,000,000 for fiscal year 2000.''.

H.R. 667

Offered By: Mr. Berman

Amendment No. 13. Page 2, strike lines 8 and 9 and insert
the following:

``TITLE V--TRUTH IN SENTENCING AND CRIMINAL ALIEN GRANTS

Page 8, strike line 5 and all that follows through line 6
on page 9 and insert the following:
``(a) In General.--There are authorized to be appropriated
to carry out this title and section 242(j) of the Immigration
and Nationality Act--
``(1) $997,500,000 for fiscal year 1996;
``(2) $1,660,000,000 for fiscal year 1997;
``(3) $2,877,000,000 for fiscal year 1998;
``(4) $3,010,000,000 for fiscal year 1999; and
``(5) $3,093,000,000 for fiscal year 2000.
``(b) Limitation of Funds.--
``(1) Uses of funds.--Subject to subsection (c), funds here
after made available under this title may be used to carry
out the purposes described in section 501(a).
``(2) Nonsupplanting requirement.--Funds made available
under this section to carry out sections 502 and 503 of this
title shall not be used to supplant State funds, but shall be
used to increase the amounts of funds that would, in the
absence of Federal funds, be made available from State
sources.
``(3) Administrative costs.--Not more than 3 percent of the
funds available under this section to carry out sections 502
and 503 of this title may be used for administrative costs.
``(4) Matching funds.--The Federal share of a grant
received under this title to carry out sections 502 and 503
may not exceed 75 percent of the costs of a proposal as
described in an application approved under this title.
``(c) Alien Incarceration.--Of the funds appropriated under
subsection (a) for each fiscal year, the Attorney General
shall first reserve $650,000,000 which shall be available
only to carry out section 242(j) of the Immigration and
Nationality Act.
H.R. 667 Offered By: Mr. Berman

Amendment No. 14: Title V should be amended to read--

``TITLE V--TRUTH IN SENTENCING AND CRIMINAL ALIEN GRANTS''

Amend Section 507 to read as folllows:
``(a) In General.--There are authorized to be appropriated
to carry out this title and Section 242(j) of the Immigration
and Nationality Act--
``(1) $232,000,000 for fiscal year 1995;
``(2) $997,500,000 for fiscal year 1996;
``(3) $1,660,000,000 for fiscal year 1997;
``(4) $2,877,000,000 for fiscal year 1998;
``(5) $3,010,000,000 for fiscal year 1999;
``(6) $3,093,000,000 for fiscal year 2000;
``(b) Limitation on Funds.--
``(1) Uses of funds.--Funds made available under this title
may be used to carry out the purposes described in Section
501(a).
``(2) Nonsupplanting requirement.--Funds made available
under this section to carry out sections 502 and 503 of this
title shall not be used to supplant State funds, but shall be
used to increase the amount of funds that would, in the
absence of Federal funds, be made available from State
sources.
``(3) Administrative costs.--Not more than three percent of
the funds available under this section to carry out sections
502 and 503 of this title may be used for administrative
costs.
``(4) Matching funds.--The Federal share of a grant
received under this title to carry out sections 502 and 503
may not exceed 75 percent of the costs of a proposal as
described in an application approved under this title.
``(c) Alien Incarceration.--
``(1) Uses of funds.--Of the funds made available under
this title, no less than $650 million shall be made available
each year to carry out Section 242(j) of the Immigration and
Nationality Act (8 U.S.C. 1252).
[[Page H1462]] ``(2) Allocation.--No funds made available
under this title shall be used to carry out sections 502 and
503 until each state that has applied for funds under Section
242(j) has received such funds.''
H.R. 667

Offered By: Mr. Burton of Indiana

Amendment No. 15: Page 6, line 14, after ``general'' insert
``including a requirement that any funds used to carry out
the programs under section 501(a) shall represent the best
value for the state governments at the lowest possible cost
and employ the best available technology.

H.R. 667

Offered By: Mr. Canady of Florida

Amendment No. 16: Page 18, line 11, after ``agreements''
insert ``(except a settlement agreement the breach of which
is not subject to any court enforcement other than
reinstatement of the civil proceeding which such agreement
settled)''.

H.R. 667

Offered By: Mr. Canady of Florida

Amendment No. 17: Page 1, after line 22, insert the
following:
``Such grants may also be used to build, expand, and
operate secure youth correctional facilities.''
Page 6, after line 2, insert the following (and redesignate
any subsequent subsections accordingly):
``(b) Juvenile Justice Incentive.--Beginning in fiscal year
1998, 15 percent of the funds that would otherwise be
available to a State under section 502 or 503 shall be
withheld from any State which does not have an eligible
system of consequential sanctions for juvenile offenders.
Page 10, line 7, delete ``and'' at the end of the line.
Page 10, at the end of line 10, strike the period and
insert ``;'', and add the following:
``(4) the term `an eligible system of consequential
sanctions for juvenile offenders' means that the State or
States organized as a regional compact, as the case may be--
``(A)(i) have established or are in the process of
establishing a system of sanctions for the State's juvenile
justice system in which the State bases dispositions for
juveniles on a scale of increasingly severe sanctions for the
commission of a repeat delinquent act, particularly if the
subsequent delinquent act committed by such juvenile is of
similar or greater seriousness or if a court dispositional
order for a delinquent act is violated; and
``(ii) such dispositions should, to the extent practicable,
require the juvenile delinquent to compensate victims for
losses and compensate the juvenile justice authorities for
supervision costs;
``(B) impose a sanction on each juvenile adjudicated
delinquent;
``(C) require that a State court concur in allowing a
juvenile to be sent to a diversionary program in lieu of
juvenile court proceedings;
``(D) have established and maintained an effective system
that requires the prosecution of at least those juveniles who
are 14 years of age and older as adults, rather than in
juvenile proceedings, for conduct constituting--
``(i) murder or attempted murder;
``(ii) robbery while armed with a deadly weapon;
``(iii) battery while armed with a deadly weapon;
``(iv) forcible rape;
``(v) any other crime the State determines appropriate; and
``(vi) the fourth or subsequent occasion on which such
juveniles engage in an activity for which adults could be
imprisoned for a term exceeding 1 year;

unless, on a case-by-case basis, the transfer of such
juveniles for disposition in the juvenile justice system is
determined under State law to be in the interest of justice;
``(E) require that whenever a juvenile is adjudicated in a
juvenile proceeding to have engaged in the conduct
constituting an offense described in subparagraph (D) that--
``(i) a record is kept relating to that adjudication which
is--
``(I) equivalent to the record that would be kept of an
adult conviction for that offense;
``(II) retained for a period of time that is equal to the
period of time records are kept for adult convictions; and
``(III) made available to law enforcement officials to the
same extent that a record of an adult conviction would be
made available;
``(ii) the juvenile is fingerprinted and photographed, and
the fingerprints and photograph are sent to the Federal
Bureau of Investigation; and
``(iii) the court in which the adjudication takes place
transmits to the Federal Bureau of Investigation the
information concerning the adjudication, including the name
and birth date of the juvenile, date of adjudication, and
disposition.
``(F) where practicable and appropriate, require parents to
participate in meeting the dispositional requirements imposed
on the juvenile by the court;
``(G) have consulted with any units of local government
responsible for secure youth correctional facilities in
setting priorities for construction, development, expansion
and modification, operation or improvement of juvenile
facilities, and to the extent practicable, ensure that the
needs of entities currently administering juvenile facilities
are addressed; and
``(H) have in place or are putting in place systems to
provide objective evaluations of State and local juvenile
justice systems to determine such systems' effectiveness in
protecting the community, reducing recidivism, and ensuring
compliance with dispositions.''.
H.R. 667

Offered By: Mr. Chapman

Amendment No. 18: Page 2, after line 3, insert the
following:

SEC. 2. CONDITION FOR GRANTS.

(a) State Compliance.--The provisions of title V of the
Violent Crime Control and Law Enforcement Act of 1994, as
amended by this Act, shall not take effect until 50 percent
or more of the States have met the requirements of 503(b) of
such Act.
(b) Report.--Beginning in fiscal year 1996, the Attorney
General shall submit a report to the Congress not later than
February 1 of each fiscal year regarding the number of States
that have met the requirements of section 503(b) of the
Violent Crime Control and Law Enforcement Act of 1994, as
amended by this Act.
(c) Effective Date.--Begininng on the first day of the
first fiscal year after the Attorney General has filed a
report that certifies that 50 percent or more of the States
have met the requirements of section 503(b) of the Violent
Crime Control and Law Enforcement Act of 1994, as amended by
this Act, title V of such Act shall become effective.
(d) Prisons.--Until the requirements of this section are
met, title II of the Violent Crime Control and Law
Enforcement Act of 1994 shall remain in effect as such title
was in effect on the day preceding the date of the enactment
of this Act.

H.R. 667

Offered By: Mr. Chapman

Amendment No. 19: Page 2, lines 24 and 25, strike ``either
a general grant'' and insert ``general grants''.
Page 2, line 25, strike ``or'' and insert ``and''.

H.R. 667

Offered By: Mr. Chapman

Amendment No. 20: Page 2, lines 24 and 25, strike ``either
a general grant'' and insert ``general grants''.
Page 2, line 25, strike ``or'' and insert ``and''.
Page 6, line 6, strike ``title, if the State'' and insert
``title if,''
Page 6, line 7, strike ``title--'' and all that follows
down through ``the'' on line 9, and insert ``title, the''.
H.R. 667

Offered By: Mr. Chapman

Amendment No. 21. Page 7, line 8, strike ``or compact,''
and all that follows down through ``States'' on line 12, and
insert the following: ``in the ratio that the number of part
I violent crimes reported by such State to the Federal Bureau
of Investigation for 1993 bears to the number of part I
violent crimes reported by all States to the Federal Bureau
of Investigation for 1993''.
H.R. 667

Offered By: Mr. Doggett

Amendment No. 22. Page 5, after line 2, add the following
(and redesignate any subsequent sections accordingly):

``SEC. 504. GRANTS FOR THE CONFINEMENT OF VIOLENT YOUTH
OFFENDERS.

``(a) In General.--Notwithstanding the provisions of
section 501(a) and 502(a), the Attorney General is authorized
to provide grants to a State or States organized as a
regional compact, and to a unit of local government or to a
consortium of units of local government to build, expand, and
operate temporary or permanent correctional facilities for
youth offenders and violent youth offenders, including secure
correctional facilities, boot camps, and detention centers.
Funds received under this section may also be used to convert
military bases to correctional facilities for youth
offenders.
``(b) Eligibility.--To be eligible to receive a grant under
this section, an applicant shall submit an application to the
Attorney General which--
``(1) provides assurances that the applicant has increased,
since 1993, mandatory lengths of stay for youth offenders;
``(2) provides assurances that the applicant has
implemented policies that recognize the rights of crime
victims;
``(3) provides evidence of a comprehensive correctional
plan for youth offenders;
``(4) provides assurances that funds received under this
section will be used to supplement not supplant other
Federal, State or local funds, as the case may be, that would
otherwise be available in the absence of such Federal funds;
``(5) provides documentation, if applicable, of a multi-
State compact or local consortium agreement; and
``(6) provides a statement regarding eligibility criteria
for participation in alternative correctional facilities such
as boot camps.
``(c) Definitions.--For purposes of this section--
``(1) `youthful offender' means an adjudicated juvenile
delinquent and juveniles prosecuted as adults; and
``(2) `unit of local government' has the same meaning given
such term in section 901 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968.
``(d) Allocation of Funds.--25 percent of the funds made
available to carry out section 502(a) for each of fiscal
years 1996 through 2000 shall be made available to carry out
the purposes of this section.''.
[[Page H1463]] Page 2, line 26, insert ``or discretionary
grants for youth offenders under section 504'' before the
period.
Page 7, line 15, insert ``, a unit of local government or a
consortium of units of local government'' after ``compact''.
Page 7, line 19, insert ``or unit of local government or a
consortium of units of local government'' after ``State''.
Page 8, line 15, insert ``and 504(a)'' before the period.

H.R. 667

Offered By: Mr. Schumer

Amendment No. 23. Page 4, after line 22, insert the
following:
``(c) Transfer of Unused Funds.--On September 30 of each of
fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney
General shall transfer and make available any unexpended
funds under this section to carry out section 502.
Page 8, strike lines 1 through 4.

H.R. 667

Offered By: Mr. Schumer

Amendment No. 24. Page 2, strike line 4 and all that
follows through the matter preceding line 1, page 12, and
insert the following:

TITLE I--PRISON BLOCK GRANT PROGRAM

SEC. 101. LOCAL CONTROL PRISON GRANT PROGRAM.

Subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 is amended to read as follows:

``Subtitle A--Prison Block Grants

``SEC. 201. PAYMENTS TO STATE GOVERNMENTS.

``(a) Payment and Use.--
``(1) Payment.--The Attorney General shall pay to each
State which qualifies for a payment under this title an
amount equal to the sum of the amount allocated to such State
under this title for each payment period from amounts
appropriated to carry out this title.
``(2) Use.--Amounts paid to a State under this section
shall be used by the State for confinement of persons
convicted of serious violent felonies, including but not
limited to, one or more of the following purposes:
``(A)(i) Building, expanding, operating, and maintaining
space in correctional facilities in order to increase the
prison bed capacity in such facilities for the confinement of
persons convicted of a serious violent felony.
``(ii) Building, expanding, operating, and maintaining
temporary or permanent correctional facilities, including
boot camps, and other alternative correctional facilities,
including facilities on military bases, for the confinement
of convicted nonviolent offenders and criminal aliens for the
purpose of freeing suitable existing space for the
confinement of persons convicted of a serious violent felony.
``(iii) Contributing to funds administered by a regional
compact organized by two or more States to carry out any of
the foregoing purposes.
``(b) Timing of Payments.--The Attorney General shall pay
to each State that has submitted an application under this
title not later than--
``(1) 90 days after the date that the amount is available,
or
``(2) the first day of the payment period if the State has
provided the Attorney General with the assurances required by
section 203(d),

whichever is later.
``(c) Adjustments.--
``(1) In general.--Subject to paragraph (2), the Attorney
General shall adjust a payment under this title to a State to
the extent that a prior payment to the State was more or less
than the amount required to be paid.
``(2) Considerations.--The Attorney General may increase or
decrease under this subsection a payment to a State only if
the Attorney General determines the need for the increase or
decrease, or if the State requests the increase or decrease,
not later than one year after the end of the payment period
for which a payment was made.
``(d) Reservation for Adjustment.--The Attorney General may
reserve a partnership of not more than 2 percent of the
amount under this section for a payment period for all
States, if the Attorney General considers the reserve is
necessary to ensure the availability of sufficient amounts to
pay adjustments after the final allocation of amounts among
the States.
``(e) Repayment of Unexpended Amounts.--
``(1) Repayment required.--A State shall repay to the
Attorney General, by not later than 27 months after receipt
of funds from the Attorney General, any amount that is--
``(A) paid to the State from amounts appropriated under the
authority of this section; and
``(B) not expended by the unit within 2 years after receipt
of such funds from the Attorney General.
``(2) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Attorney General shall reduce
payment in future payment periods accordingly.
``(3) Deposit of amounts repaid.--Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to States.
``(f) Nonsupplanting Requirement.--Funds made available
under this title to States shall not be used to supplant
State funds, but shall be used to increase the amount of
funds that would, in the absence of funds under this title,
be made available from State sources.
``SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

``(a) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this title--
``(1) $232,000,000 for fiscal year 1995;
``(2) $997,500,000 for fiscal year 1996;
``(3) $1,330,000,000 for fiscal year 1997;
``(4) $2,527,000,000 for fiscal year 1998;
``(5) $2,660,000,000 for fiscal year 1999; and
``(6) $2,753,100,000 for fiscal year 2000.
``(b) Administrative Costs.--Not more than 2.5 percent of
the amount authorized to be appropriated under subsection (a)
for each of the fiscal years 1996 through 2000 shall be
available to the Attorney General for administrative costs to
carry out the purposes of this title. Such sums are to remain
available until expended.
``(c) Availability.--The amounts authorized to be
appropriated under subsection (a) shall remain available
until expended.

``SEC. 203. QUALIFICATION FOR PAYMENT.

``(a) In General.--The Attorney General shall issue
regulations establishing procedures under which a State is
required to give notice to the Attorney General regarding the
proposed use of assistance under this title.
``(b) General Requirements for Qualification.--A State
qualifies for a payment under this title for a payment period
only if the State submits an application to the Attorney
General and establishes, to the satisfaction of the Attorney
General, that--
``(1) the State will establish a trust fund in which the
State will deposit all payments received under this title;
``(2) the State will use amounts in the trust fund
(including interest) during a period not to exceed 2 years
from the date the first grant payment is made to the State;
``(3) the State will expend the payments received in
accordance with the laws and procedures that are applicable
to the expenditure of revenues of the State;
``(4) the State will use accounting, audit, and fiscal
procedures that conform to guidelines which shall be
prescribed by the Attorney General after consultation with
the Comptroller General and as applicable, amounts received
under this title shall be audited in compliance with the
Single Audit Act of 1984;
``(5) after reasonable notice form the Attorney General or
the Comptroller General to the State, the State will make
available to the Attorney General and the Comptroller
General, with the right to inspect, records that the Attorney
General reasonably requires to review compliance with this
title or that the Comptroller General reasonably requires to
review compliance and operation;
``(6) a designated official of the State shall make reports
the Attorney General reasonably requires, in addition to the
annual reports required under this title; and
``(7) the State will spend the funds only for the purposes
authorized in section 201(a)(2).
``(c) Sanctions for Noncompliance.--
``(1) In general.--If the Attorney General determines that
a State has not complied substantially with the requirements
or regulations prescribed under subsection (b), the Attorney
General shall notify the State that if the State does not
take corrective action within 60 days of such notice, the
Attorney General will withhold additional payments to the
State for the current and future payment period until the
Attorney General is satisfied that the State--
``(A) has taken the appropriate corrective action; and
``(B) will comply with the requirements and regulations
prescribed under subsection (b).
``SEC. 204. ALLOCATION AND DISTRIBUTION OF FUNDS.

``(a) State Distribution.--Except as provided in section
203(c), of the total amounts appropriated for this title for
each payment period, the Attorney General shall allocate for
States--
``(1) 0.25 percent to each State; and
``(2) of the total amounts of funds remaining after
allocation under paragraph (1), an amount that is equal to
the ratio that the number of part 1 violent crimes reported
by such State to the Federal Bureau of Investigation for 1993
bears to the number of part 1 violent crimes reported by all
States to the Federal Bureau of Investigation for 1993.
``(b) Unavailability of Information.--For purposes of this
section, if the data regarding part 1 violent crimes in any
State for 1993 is unavailable or substantially inaccurate,
the Attorney General shall utilize the best available
comparable data regarding the number of violent crimes for
1993 for such State for the purposes of allocation of any
funds under this title.

``SEC. 205. UTILIZATION OF PRIVATE SECTOR.

``Funds or a portion of funds allocated under this title
may be utilized to contract with private, nonprofit entities
or community-based organizations to carry out the purposes
specified under section 201(a)(2).

``SEC. 206. PUBLIC PARTICIPATION.

``(a) In General.--A State expending payments under this
title shall hold at least one public hearing on the proposed
use of the payment from the Attorney General.
``(b) Views.--At the hearing, persons, including elected
officials of units of local government within such State,
shall be given an opportunity to provide written and oral
views to the State and to ask questions about the entire
budget and the relation of the payment from the Attorney
General to the entire budget.
[[Page H1464]] ``(c) Time and Place.--The State shall hold
the hearing at a time and place that allows and encourages
public attendance and participation.

``SEC. 207. ADMINISTRATIVE PROVISIONS.

``For the purposes of this title:
``(1) The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, except that American Samoa, Guam,
and the Northern Mariana Islands shall be considered as one
State and that, for purposes of section 104(a), 33 percent of
the amounts allocated shall be allocated to American Samoa,
50 percent to Guam, and 17 percent to the Northern Mariana
Islands.
``(2) The term `payment period' means each 1-year period
beginning on October 1 of any year in which a grant under
this title is awarded.
``(3) The term `part 1 violent crimes' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.''.
H.R. 667

Offered By: Mr. Traficant

Amendment No. 25: In the matter proposed to be added by
section 101 of the bill by section 503(b)(2) of the Violent
Crime Control and Law Enforcement Act of 1994, insert
``victims of the defendant or the family of such victims, the
local media, and the convicting court'' after ``notify''.

H.R. 667

Offered By: Mr. Volkmer

Amendment No. 26: Page 2, line 10, Strike, and all that
follows through Page 7, line 12.
Page 9, line 7, Strike and all that follows through Page
10, line 10.
Page 2, line 10, insert the following:

``SEC. 501. GRANTS AUTHORIZED.

(a) Grant Authorization.--The Attorney General shall make
grants to individual States to construct, expand, and improve
prisons and jails.
(b) Amounts Authorized.--Grants totalling $3,000,000,000
shall be made to each State not later than October 30, 1995,
and grants to each State totalling $3,000,000,000 shall be
made annually thereafter in each of the years from fiscal
year 1996 through fiscal year 1998.
(c) Grant Allocation.--All such grants shall be made
without conditions imposed by the Federal Government, not
withstanding any other provision of Federal law, except to
comply with the provisions of this title and that the use of
such funds shall be exclusively for the construction of
prisons and jails. States shall be encouraged to allocate
appropriate portions of their grants to local governments
within their jurisdictions for the construction of jails.
(d) Authorization of Appropriation.--There are authorized
to be appropriated to carry out this title $3,000,000,000 for
each of fiscal years 1995, 1996, 1997, and 1998. All such
moneys shall be appropriated from the Violent Crime Reduction
Trust Fund.
(e) Distribution of Funds in Fiscal Year 1995.--Of the
total amount of funds appropriated under this title in fiscal
years 1995, 1996, 1997 and 1998 there shall be allocated to
each State an amount which bears the same ratio to the amount
of funds appropriated pursuant to this title as the number of
part I violent crimes reported by the States to the Federal
Bureau of Investigation for the preceding year which
appropriated bears to the number of part I violent crimes
reported by all States to the Federal Bureau of Investigation
for such preceding year.

SEC. 502. LIMITATIONS OF FUNDS.

(a) Nonsupplanting Requirement.--Funds made available under
the title shall not be used to supplant State funds, but
shall
be used to increase the amount of funds that would, in the
absence of Federal funds, be made available from States
sources.
(b) Administrative Costs.--Not more than 3 percent of the
funds available under the title may be used for
administrative costs.
(c) Matching Funds.--The portion of the costs of a program
provided by a grant under this title shall be 75 percent of
the total costs of the program as described in application.
(d) Carry Over of Appropriations.--Any funds appropriated
but not expended as provided by this section during any
fiscal year shall be carried over and will be made available
until expended.
SEC. 503. DEFINITIONS.

For purposes of this title--
(1) the term `violent crime' means--
(A) a felony offense that has as an element the use,
attempted use, or threatened use of physical force against
the person of another, or
(B) any other offense that is a felony and that, by its
nature, involves substantial risk that physical force against
the person of another may be used in the course of committing
the offense;
(2) the term `serious drug offender' has the same meaning
as that is used in section 924(e)(2)(A) of title 19, United
States Code;
(3) the term `State' means any of the United States and the
District of Columbia;
(4) the term `convicted' means convicted and sentenced to a
term in a State corrections institution or a period of formal
probation; and
(5) the term `part I violent crimes' means murder, rape,
robbery, and aggravated assault as those offenses are
reported to the Federal Bureau of Investigation for purposes
of the Uniform Crime Reports.
And renumber ``SEC. 506'' as ``SEC. 504'' and ``SEC. 507''
as ``SEC. 505''.

H.R. 667

Offered By: Mr. Weller

Amendment No. 27: On page 6, after line 20, insert the
following new subsection (c):
``(c) Funds for Juvenile Offenders.--If a State which
otherwise meets the requirements of the section certifies to
the Attorney General that exigent circumstances exist which
require that the State expend funds to confine juvenile
offenders, the State may use funds received under this title
to build, expand, and operate juvenile correctional
facilities or pretrial detention facilities for such
offenders.
H.R. 667

Offered By: Mr. Wyden

Amendment No. 28: Page 1, after line 22, insert the
following:
``Such grants may also be used to build, expand, and
operate secure youth correctional facilities.''
Page 6, after line 2, insert the following (and redesignate
any subsequent subsections accordingly):
``(b) Juvenile Justice Incentive.--Beginning in fiscal year
1998, 15 percent of the funds that would otherwise be
available to a State under section 502 or 503 shall be
withheld from any State which does not have an eligible
system of consequential sanctions for juvenile offenders.
Page 10, line 7, delete ``and'' at the end of the line.
Page 10, at the end of line 10, strike the period and
insert ``;'', and add the following:
``(4) the term `an eligible system of consequential
sanctions for juvenile offenders' means that the State or
States organized as a regional compact, as the case may be--
``(A)(i) have established or are in the process of
establishing a system of sanctions for the State's juvenile
justice system in which the State bases dispositions for
juveniles on a scale of increasingly severe sanctions for the
commission of a repeat delinquent act, particularly if the
subsequent delinquent act committed by such juvenile is of
similar or greater seriousness or if a court dispositional
order for a delinquent act is violated; and
``(ii) such dispositions should, to the extent practicable,
require the juvenile delinquent to compensate victims for
losses and compensate the juvenile justice authorities for
supervision costs;
``(B) impose a sanction on each juvenile adjudicated
delinquent;
``(C) require that a State court concur in allowing a
juvenile to be sent to a diversionary program in lieu of
juvenile court proceedings;
``(D) have established and maintained an effective system
that requires the prosecution of at least those juveniles who
are 14 years of age and older as adults, rather than in
juvenile proceedings, for conduct constituting--
``(i) murder or attempted murder;
``(ii) robbery while armed with a deadly weapon;
``(iii) battery while armed with a deadly weapon;
``(iv) forcible rape;
``(v) any other crime the State determines appropriate; and
``(iv) the fourth or subsequent occasion on which such
juveniles engage in an activity for which adults could
imprisoned for a term exceeding 1 year;

unless, on a case-by-case basis, the transfer of such
juveniles for disposition in the juvenile justice system is
determined under State law to be in the interest of justice;
``(E) require that whenever a juvenile is adjudicated in a
juvenile proceeding to have engaged in the conduct
constituting an offense described in subparagraph (D) that--
``(i) a record is kept relating to that adjudication which
is--
``(I) equivalent to the record that would be kept of an
adult convictin for that offense;
``(II) retained for a period of time that is equal to the
period of time records are kept for adult convictins; and
``(III) made available to law enforcement officials to the
same extent that a record of an adult conviction would be
made available;
``(ii) the juvenile is fingerprinted and photographed, and
the fingerprints and photograph are sent to the Federal
Bureau of Investigation; and
``(iii) the court in which the adjudication takes place
transmits to the Federal Bureau of Investigation the
information concerning the adjudication, including the name
and birth date of the juvenile, date of adjudication, and
disposition.
``(F) where practicable and appropriate, require parents to
participate in meeting the dispositional requirements imposed
on the juvenile by the court;
``(G) have consulted with any units of local government
responsible for secure youth correctional facilities in
setting priorities for construction, development, expansion
and modification, operation or improvement of juvenile
facilities, and to the extent practicable, ensure that the
needs of entities currently administering juvenile facilities
are addressed; and
``(H) have in place or are putting in place systems to
provide objective evaluations of State and local juvenile
justice systems to determine such systems' effectiveness in
protecting the community, reducing recidivism, and ensuring
compliance with dispositions.''.
[[Page H1465]] H.R. 667

Offered By: Mr. Wynn
Amendment No. 29: Page 9, after line 6 insert the
following:
``(6) Deficit reduction.--Notwithstanding any other
provision of this title, any funds that are not distributed
pursuant to this title to carry out section 503 shall, in the
fiscal year following the fiscal year that such funds were
made available, revert to the Department of Treasury to
reduce the deficit.''.
H.R. 667

Offered By: Mr. Zimmer

Amendment No. 30: Add at the end the following new title:

TITLE --PRISON CONDITIONS

SEC. . PRISON CONDITIONS.

(a) In General.--The Attorney General shall by rule
establish standards regarding conditions in the Federal
prison system that provide prisoners the least amount of
amenities and personal comforts consentent with
Constitutional requirements and good order and discipline in
the Federal Prison system.
(b) Rule of Construction.--Nothing in this section shall be
construed to establish or recognize any minimum rights or
standards for prisoners.

SEC. . ANNUAL REPORT.

The director of the Bureau of Prisons shall submit to
Congress on or before December 31 of each year, beginning on
December 31, 1995 a report setting forth the amount spent at
each Federal correctional facility under the jurisdiction of
the Bureau of Prisons for each of the following items:
(1) The minimal Requirements necessary to maintain Custody
and security of prisoners.
(2) Basic nutritional needs.
(3) Essential medical services.
(4) Amenities and programs beyond the scope of the items
referred to in paragraphs (1) through (3), including but not
limited to--
(A) recreational programs and facilities;
(B) vocational and education programs; and
(C) counseling services, together with the rationale for
spending on each category and empirical data, if any,
supporting such rationale.
H.R. 728

Offered By: Ms. Jackson Lee

Amendment No. 2: Page 6, after line 10, insert the
following:
(g) Apportionment Requirement.--``Funds made available
under this title to units of local government shall be
equitably apportioned between the categories of programs set
forth in sections (2) (A-C), above. Under no circumstance
should 100% of any allocation be expended on only one
category of programs listed above.''

H.R. 728

Offerred By: Ms. Jackson Lee

Amendment No. 3: Page 4, after line 5, insert the
following:
``(D) Establishing the programs described in the following
subtitles of title III of the Violent Crime Control and Law
Enforcement Act of 1994 (as such title and the amendments
made by such title were in effect on the day preceding the
date of the enactment of this Act):
``(i) Assistance for Delinquent and At-Risk Youth under
subtitle G.
``(ii) Urban Recreation and At-Risk Youth under subtitle O
which made amendments to the Urban Park and Recreation
Recovery Act of 1978.
``(iii) Gang Resistance and Education Training under
subtitle X.''
Page 6, after line 24, insert the following (and
redesignate any subsequent subsections accordingly):
``(c) Prevention Set-Aside for Youth.--Of the amounts to be
appropriated under subsection (a), the Attorney General shall
allocate $100,000,000 of such funds for each of fiscal years
1996 through 2000 to carry out the purposes of subparagraph
(D) of section 101(a)(2).

H.R. 729

Offered By: Mr. Fields of Louisiana

Amendment No. 2: In the matter proposed to be inserted in
section 3593(e) of title 18, United States Code, by section
201, insert ``or a sentence of life imprisonment without the
possibility of release'' after ``shall recommend a sentence
of death''.
Strike subsection (b) of section 201 and eliminate the
subsection designation and heading of subsection (a).
Vol. 141 WASHINGTON, WEDNESDAY, FEBRUARY 8, 1995 No. 25
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Senate

(Legislative day of Monday, January 30, 1995)