[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3877 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3877

  To provide grants to States which comply with certain requirements.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1994

  Mrs. Byrne introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide grants to States which comply with certain requirements.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Two Strikes and In Act of 1994''.

SEC. 2. DEFINITION.

    For purposes of this Act, the term ``crime of violence'' means a 
felony offense under Federal or State law that is a crime of violence 
which may include the following (or a State equivalent of such crime):
            (1) Murder.
            (2) Homicide.
            (3) Kidnapping.
            (4) Assault resulting in a serious bodily injury.
            (5) Assault with intent to commit murder.
            (6) Rape.
            (7) Voluntary manslaughter.
            (8) Criminal sexual assault.

SEC. 3. PRISONS FOR VIOLENT DRUG OFFENDERS.

    (a) Establishment of Grant and Technical Assistance Program.--
            (1) In general.--The Attorney General may make grants to 
        States and to multi-State compact associations for the purposes 
        of--
                    (A) developing, constructing, expanding, operating, 
                and improving boot camp prison programs, city or county 
                detention facilities, or low- to medium-security 
                prisons;
                    (B) developing, constructing, and operating prisons 
                that house and provide treatment for violent offenders 
                with serious substance abuse problems; and
                    (C) assisting in activating existing boot camp or 
                prison facilities that are unutilized or underutilized 
                because of lack of funding.
            (2) Technical assistance.--The Attorney General may provide 
        technical assistance to grantees under this section.
            (3) Utilization of private sector.--Nothing herein shall 
        prevent the utilization of any grant funds to contract with the 
        private sector to design, construct or provide any services 
        associated with any facilities funded herein.
            (4) Utilization of components.--The Attorney General may 
        utilize any component or components of the Department of 
        Justice in carrying out this section.
    (b) State and Multi-State Compact Applications.--
            (1) In general.--To request a grant under this section, the 
        chief executive of a State or the co-ordinator of a multi-State 
        compact association shall submit an application to the Attorney 
        General in such form and containing such information as the 
        Attorney General may prescribe by regulation or guidelines. The 
        chief executive of a State or the co-ordinator of a multi-State 
        compact association may designate private sector participants 
        for the design, construction, or provision of services 
        associated with any facilities for which funding is requested.
            (2) Content of application.--In accordance with the 
        regulations or guidelines established by the Attorney General, 
        an application for a grant under this section shall--
                    (A) provide a description of any construction 
                activities, including cost estimates;
                    (B) provide a description of selection criteria for 
                prisoners for various prison programs; and
                    (C) certify that such State or States have in 
                effect a law which requires a sentence of life 
                imprisonment for individuals who have been previously 
                convicted of a crime of violence at the State or 
                Federal level.
    (c) Qualifying State.--
            (1) In general.--To be eligible to receive a grant under 
        this section, a State shall provide a mandatory sentence of 
        life imprisonment without parole for individuals who have been 
        previously convicted of a crime of violence at the State or 
        Federal level.
            (2) Disqualification.--The Attorney General shall withdraw 
        a State's status as a qualifying State if the Attorney General 
        finds that the State no longer appropriately provides for the 
        matters described in paragraph (1) or has ceased making 
        substantial progress toward attaining them, in which event the 
        State shall no longer be entitled to the benefits of this 
        section, except to the extent the Attorney General otherwise 
        directs.
            (3) Waiver.--The Attorney General may waive, for no more 
        than one year, any of the requirements of this subsection with 
        respect to a particular State if the Attorney General certifies 
        that, in the Attorney General's judgment, there are compelling 
        law enforcement reasons for doing so. Any State granted any 
        such waiver shall be treated as a qualifying State for all 
        purposes of this subtitle, unless the Attorney General 
        otherwise directs.
    (d) Revocation or Suspension of Funding.--If the Attorney General 
determines, as a result of the reviews required by subsection (f), or 
otherwise, that a grant recipient under this section is not in 
substantial compliance with the terms and requirements of an approved 
grant application, the Attorney General may revoke or suspend funding 
of the grant in whole or in part.
    (e) Access to Documents.--The Attorney General and the Comptroller 
General shall have access for the purpose of audit and examination to--
            (1) the pertinent books, documents, papers, or records of a 
        grant recipient under this section; and
            (2) the pertinent books, documents, papers, or records of 
        other persons and entities that are involved in programs for 
        which assistance is provided under this section.
    (f) General Regulatory Authority.--The Attorney General may issue 
regulations and guidelines to carry out this section.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $600,000,000 for fiscal year 1994;
            (2) $600,000,000 for fiscal year 1995;
            (3) $600,000,000 for fiscal year 1996;
            (4) $600,000,000 for fiscal year 1997; and
            (5) $600,000,000 for fiscal year 1998.

                                 <all>