[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 667 Engrossed in House (EH)]
1st Session
H. R. 667
_______________________________________________________________________
AN ACT
To control crime by incarcerating violent criminals.
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 ``Violent Criminal Incarceration Act
of 1995''.
TITLE I--TRUTH IN SENTENCING
SEC. 101. TRUTH IN SENTENCING GRANT PROGRAM.
(a) In General.--Title V of the Violent Crime Control and Law
Enforcement Act of 1994 is amended to read as follows:
``TITLE V--TRUTH IN SENTENCING GRANTS
``SEC. 501. AUTHORIZATION OF GRANTS.
``(a) In General.--The Attorney General is authorized to provide
grants to eligible States and to eligible States organized as a
regional compact to build, expand, and operate 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 and to build, expand, and operate temporary or permanent
correctional facilities, including facilities on military bases and
boot camp facilities, for the confinement of convicted nonviolent
offenders and criminal aliens for the purpose of freeing suitable
existing prison space for the confinement of persons convicted of a
serious violent felony. Such grants may also be used to build, expand,
and operate secure youth correctional facilities.
``(b) Limitation.--An eligible State or eligible States organized
as a regional compact may receive either a general grant under section
502 or a truth-in-sentencing incentive grant under section 503.
``SEC. 502. GENERAL GRANTS.
``(a) Distribution of General Grants.--50 percent of the total
amount of funds made available under this title for each of the fiscal
years 1995 through 2000 shall be made available for general eligibility
grants for each State or States organized as a regional compact that
meets the requirements of subsection (b).
``(b) General Grants.--In order to be eligible to receive funds
under subsection (a), a State or States organized as a regional compact
shall submit an application to the Attorney General that provides
assurances that such State since 1993 has--
``(1) increased the percentage of convicted violent
offenders sentenced to prison;
``(2) increased the average prison time actually to be
served in prison by convicted violent offenders sentenced to
prison; and
``(3) increased the percentage of sentence to be actually
served in prison by violent offenders sentenced to prison.
``SEC. 503. TRUTH-IN-SENTENCING GRANTS.
``(a) Truth-in-Sentencing Incentive Grants.--50 percent of the
total amount of funds made available under this title for each of the
fiscal years 1995 through 2000 shall be made available for truth-in-
sentencing incentive grants to each State or States organized as a
regional compact that meet the requirements of subsection (b).
``(b) Eligibility for Truth-in-Sentencing Incentive Grants.--In
order to be eligible to receive funds under subsection (a), a State or
States organized as a regional compact shall submit an application to
the Attorney General that provides assurances that each State applying
has enacted laws and regulations which include--
``(1)(A) truth-in-sentencing laws which require persons
convicted of a serious violent felony serve not less than 85
percent of the sentence imposed or 85 percent of the court-
ordered maximum sentence for States that practice indeterminate
sentencing; or
``(B) truth-in-sentencing laws which have been enacted, but
not yet implemented, that require such State, not later than
three years after such State submits an application to the
Attorney General, to provide that persons convicted of a
serious violent felony serve not less than 85 percent of the
sentence imposed or 85 percent of the court-ordered maximum
sentence for States that practice indeterminate sentencing;
``(2) laws requiring that the sentencing or releasing
authorities notify and allow the victims of the defendant or
the family of such victims the opportunity to be heard
regarding the issue of sentencing and any postconviction
release; and
``(3) laws requiring that the releasing authority notify
the victims of serious violent felons or the family of such
victims and the convicting court regarding the release of a
defendant.
``SEC. 504. SPECIAL RULES.
``(a) Additional Requirements.--To be eligible to receive a grant
under section 502 or 503, a State or States organized as a regional
compact shall provide an assurance to the Attorney General that--
``(1) to the extent practicable, inmate labor will be used
to build and expand correctional facilities;
``(2) each State will involve counties and other units of
local government, when appropriate, in the construction,
development, expansion, modification, operation, or improvement
of correctional facilities designed to ensure the incarceration
of offenders, and that each State will share funds received
under this title with any county or other unit of local
government that is housing State prisoners, taking into account
the burden placed on such county or unit of local government in
confining prisoners due to overcrowding in State prison
facilities in furtherance of the purposes of this Act;
``(3) the State has implemented or will implement, not
later than 18 months after the date of the enactment of the
Violent Criminal Incarceration Act of 1995, policies to
determine the veteran status of inmates and to ensure that
incarcerated veterans receive the veterans benefits to which
they are entitled; and
``(4) the State has adopted procedures for the collection
of reliable statistical data which compiles the rate of serious
violent felonies after the receipt of grant funds under section
502 or section 503 in comparison to the rate of serious violent
felonies before receipt of such funds and will report such
statistical data to the Attorney General if such data is not
already provided.
``(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.
``(c) Indeterminant Sentencing Exception.--Notwithstanding the
provisions of paragraphs (1) through (3) of section 502(b), a State
shall be eligible for grants under this title, if the State, not later
than the date of the enactment of this title--
``(1) practices indeterminant sentencing; and
``(2) the average times served in such State for the
offenses of murder, rape, robbery, and assault exceed, by 10
percent or greater, the national average of times served for
such offenses.
``(d) Availability of Funds for Jail Construction.--A State may use
up to 15 percent of the funds provided under this title for jail
construction, if the Attorney General determines that the State has
enacted--
``(1) legislation that provides for pretrial release
requirements at least as restrictive as those found in section
3142 of title 18, United States Code; or
``(2) legislation that requires an individual charged with
an offense for which a sentence of more than one year may be
imposed, or charged with an offense involving violence against
another person, may not be released before trial without a
financial guarantee to ensure appearance before trial.''.
``(e) Exception.--The requirements under section 503(b) shall
apply, except that a State may provide that the Governor of the State
may allow for earlier release of a geriatric prisoner or a prisoner
whose medical condition precludes the prisoner from posing a threat to
the public after a public hearing in which representatives of the
public and the prisoner's victims have an opportunity to be heard
regarding a proposed release.
``(f) Funds for Juvenile Offenders.--Notwithstanding any other
provision of this title, if a State or unit of local government located
in a State which otherwise meets the requirements of section 502 or 503
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.
``SEC. 505. FORMULA FOR GRANTS.
``To determine the amount of funds that each eligible State or
eligible States organized as a regional compact may receive to carry
out programs under section 502 or 503, the Attorney General shall apply
the following formula:
``(1) $500,000 or 0.40 percent, whichever is greater, shall
be allocated to each participating State or compact, as the
case may be; and
``(2) of the total amount of funds remaining after the
allocation under paragraph (1), there shall be allocated to
each State or compact, as the case may be, an amount equal to
the ratio that the number of part 1 violent crimes reported by
such State or States to the Federal Bureau of Investigation for
the most recent calendar year for which the data is available.
``SEC. 506. ACCOUNTABILITY.
``(a) Fiscal Requirements.--A State or States organized as a
regional compact that receives funds under this title shall use
accounting, audit, and fiscal procedures that conform to guidelines
which shall be prescribed by the Attorney General, 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.
``(b) Reporting.--Each State that receives funds under this title
shall submit an annual report, beginning on January 1, 1996, and each
January 1 thereafter, to the Congress regarding compliance with the
requirements of this title.
``(c) Administrative Provisions.--(1) The administrative provisions
of sections 801 and 802 of the Omnibus Crime Control and Safe Streets
Act of 1968 shall apply to the Attorney General in the same manner as
such provisions apply to the officials listed in such sections.
``(2)(A) A State that receives funds under this title shall, in
such form and manner as the Attorney General determines, and under such
regulations as the Attorney General shall prescribe, require that the
appropriate public authorities report promptly to the Attorney General
the death of each individual who dies in custody while in a municipal
or county jail, State prison, or other similar place of confinement.
Each such report shall include the cause of death and all other facts
relevant to the death reported, which the person so reporting shall
have the duty to make a good faith effort to ascertain.
``(B) The Attorney General shall annually publish a report
containing--
``(i) the number of deaths in each institution for which a
report was filed during the relevant reporting period;
``(ii) the cause of death and time of death for each death
so reported; and
``(iii) such other information about the death as the
Attorney General deems relevant.
``SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this title--
``(1) $997,500,000 for fiscal year 1996;
``(2) $1,330,000,000 for fiscal year 1997;
``(3) $2,527,000,000 for fiscal year 1998;
``(4) $2,660,000,000 for fiscal year 1999; and
``(5) $2,753,100,000 for fiscal year 2000.
``(b) Limitations 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 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 may be used for
administrative costs.
``(4) Matching funds.--The Federal share of a grant
received under this title may not exceed 75 percent of the
costs of a proposal as described in an application approved
under this title.
``(5) Carry over of appropriations.--Any funds appropriated
but not expended as provided by this section during any fiscal
year shall remain available until expended.
``(6) Transfer of unallocated funds.--After making the
distribution to all eligible States required under section 503,
the Attorney General may transfer as provided in this
paragraph, in such amounts as may be provided in appropriations
Acts, any remaining unallocated funds which have been available
for more than two fiscal years, but all such funds shall be
available for the purposes of this paragraph after fiscal year
2000. Funds transferred under this paragraph may be made
available for expenses of the Immigration and Nationalization
Service for investigators and for expenses of the Bureau of
Prisons, the Federal Bureau of Investigations and the United
States Attorneys for activities and operations related to the
investigation, prosecution and conviction of persons accused of
a serious violent felony, and the incarceration of persons
convicted of such offenses, including the National Institute of
Justice for law enforcement technology programs.
``SEC. 508. PAYMENTS TO STATES FOR INCARCERATION OF CRIMINAL ALIENS.
``(a) Reservation of Funds.--Notwithstanding any other provision of
this title, for each of the fiscal years 1996, 1997, 1998, 1999, and
2000 from amounts appropriated under section 507, the Attorney General
shall first reserve an amount which when added to amounts appropriated
to carry out section 242(j) of the Immigration and Nationality Act for
such fiscal year equals $650,000,000.
``(b) Payments to Eligible States.--
``(1) Notwithstanding any other provision of this title,
for each of the fiscal years 1996, 1997, 1998, 1999, and 2000
from amounts reserved under subsection (a), the Attorney
General shall make a payment to each State which is eligible
under section 242(j) of the Immigration and Nationality Act and
which meets the eligibility requirements of section 503(b), in
such amount as is determined under section 242(j) and for which
payment is not made to such State for such fiscal year under
such section.
``(2) For any fiscal year, payments made to States under
paragraph (1) may not exceed the amount reserved for such
fiscal year under subsection (a).
``(c) Use of Unobligated Funds.--For any fiscal year, amounts
reserved under subsection (a) which are not obligated by the end of
that fiscal year under subsection (b) shall not be available for
payments under this section for any subsequent fiscal year, but shall
be available, in equal amounts, to the Attorney General only for grants
under sections 502 and 503.
``(d) Report to Congress.--Not later than May 15, 1999, the
Attorney General shall submit a report to the Congress which contains
the recommendation of the Attorney General concerning the extension of
the program under this section.''.
``SEC. 509. DEFINITIONS.
``As used in this title--
``(1) the term `indeterminate sentencing' means a system by
which--
``(A) the court has discretion on imposing the
actual length of the sentence imposed, up to the
statutory maximum; and
``(B) an administrative agency, generally the
parole board, controls release between court-ordered
minimum and maximum sentence;
``(2) the term `serious violent felony' means--
``(A) an offense that is a felony and has as an
element the use, attempted use, or threatened use of
physical force against the person or property of
another and has a maximum term of imprisonment of 10
years or more,
``(B) any other offense that is a felony and that,
by its nature, involves a substantial risk that
physical force against the person or property of
another may be used in the course of committing the
offense and has a maximum term of imprisonment of 10
years or more, or
``(C) such crimes including murder, assault with
intent to commit murder, arson, armed burglary, rape,
assault with intent to commit rape, kidnapping, and
armed robbery;
``(3) the term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States; and
``(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.''.
(b) Preference in Payments Under Section 242(J) of Immigration and
Nationality Act.--Section 242(j)(4) of the Immigration and Nationality
Act (8 U.S.C. 1252(j)(4)) is amended by adding at the end the
following:
``(C) In carrying out paragraph (1)(A), the
Attorney General shall give preference in making
payments to States and political subdivisions of States
which are ineligible for payments under section 508 of
the Violent Crime Control and Law Enforcement Act of
1994.''.
SEC. 102. CONFORMING AMENDMENTS.
(a) Omnibus Crime Control and Safe Streets Act of 1968.--
(1) Part v.--Part V of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is repealed.
(2) Funding.--(A) Section 1001(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by striking
paragraph (20).
(B) Notwithstanding the provisions of subparagraph (A), any
funds that remain available to an applicant under paragraph
(20) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 shall be used in accordance with part V of such Act
as such Act was in effect on the day preceding the date of enactment of
this Act.
(b) Violent Crime Control and Law Enforcement Act of 1994.--
(1) Repeal.--(A) Subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 is repealed.
(B) The table of contents of the Violent Crime Control and
Law Enforcement Act of 1994 is amended by striking the matter
relating to subtitle A of title II.
(2) Compliance.--Notwithstanding the provisions of
paragraph (1), any funds that remain available to an applicant
under subtitle A of title II of the Violent Crime Control and
Law Enforcement Act of 1994 shall be used in accordance with
such subtitle as such subtitle was in effect on the day
preceding the date of enactment of this Act.
(3) Truth-in-sentencing.--The table of contents of the
Violent Crime Control and Law Enforcement Act of 1994 is
amended by striking the matter relating to title V and
inserting the following:
``TITLE V--TRUTH-IN-SENTENCING GRANTS
``Sec. 501. Authorization of grants.
``Sec. 502. General grants.
``Sec. 503. Truth-in-sentencing grants.
``Sec. 504. Special rules.
``Sec. 505. Formula for grants.
``Sec. 506. Accountability.
``Sec. 507. Authorization of appropriations.
``Sec. 508. Definitions.''.
TITLE II--STOPPING ABUSIVE PRISONER LAWSUITS
SEC. 201. EXHAUSTION REQUIREMENT.
Section 7(a)(1) of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e) is amended--
(1) by striking ``in any action brought'' and inserting
``no action shall be brought'';
(2) by striking ``the court shall'' and all that follows
through ``require exhaustion of'' and insert ``until''; and
(3) by inserting ``are exhausted'' after ``available''.
SEC. 202. FRIVOLOUS ACTIONS.
Section 7(a) of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997e(a)) is amended by adding at the end the following:
``(3) The court shall on its own motion or on motion of a party
dismiss any action brought pursuant to section 1979 of the Revised
Statutes of the United States by an adult convicted of a crime and
confined in any jail, prison, or other correctional facility if the
court is satisfied that the action fails to state a claim upon which
relief can be granted or is frivolous or malicious.''.
SEC. 203. MODIFICATION OF REQUIRED MINIMUM STANDARDS.
Section 7(b)(2) of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e(b)(2)) is amended by striking subparagraph (A) and
redesignating subparagraphs (B) through (E) as subparagraphs (A)
through (D), respectively.
SEC. 204. PROCEEDINGS IN FORMA PAUPERIS.
(a) Dismissal.--Section 1915(d) of title 28, United States Code, is
amended--
(1) by inserting ``at any time'' after ``counsel and may'';
(2) by striking ``and may'' and inserting ``and shall'';
(3) by inserting ``fails to state a claim upon which relief
may be granted or'' after ``that the action''; and
(4) by inserting ``even if partial filing fees have been
imposed by the court'' before the period.
(b) Prisoner's Statement of Assets.--Section 1915 of title 28,
United States Code, is amended by adding at the end the following:
``(f) If a prisoner in a correctional institution files an
affidavit in accordance with subsection (a) of this section, such
prisoner shall include in that affidavit a statement of all assets such
prisoner possesses. The court shall make inquiry of the correctional
institution in which the prisoner is incarcerated for information
available to that institution relating to the extent of the prisoner's
assets. The court shall require full or partial payment of filing fees
according to the prisoner's ability to pay.''.
TITLE III--STOP TURNING OUT PRISONERS
SEC. 301. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) In General.--Section 3626 of title 18, United States Code, is
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
``(a) Requirements for Relief.--
``(1) Limitations on prospective relief.--Prospective
relief in a civil action with respect to prison conditions
shall extend no further than necessary to remove the conditions
that are causing the deprivation of the Federal rights of
individual plaintiffs in that civil action. The court shall not
grant or approve any prospective relief unless the court finds
that such relief is narrowly drawn and the least intrusive
means to remedy the violation of the Federal right. In
determining the intrusiveness of the relief, the court shall
give substantial weight to any adverse impact on public safety
or the operation of a criminal justice system caused by the
relief.
``(2) Prison population reduction relief.--In any civil
action with respect to prison conditions, the court shall not
grant or approve any relief whose purpose or effect is to
reduce or limit the prison population, unless the plaintiff
proves that crowding is the primary cause of the deprivation of
the Federal right and no other relief will remedy that
deprivation.
``(b) Termination of Relief.--
``(1) Automatic termination of prospective relief after 2-
year period.--In any civil action with respect to prison
conditions, any prospective relief shall automatically
terminate 2 years after the later of--
``(A) the date the court found the violation of a
Federal right that was the basis for the relief; or
``(B) the date of the enactment of the Stop Turning
Out Prisoners Act.
``(2) Immediate termination of prospective relief.--In any
civil action with respect to prison conditions, a defendant or
intervenor shall be entitled to the immediate termination of
any prospective relief, if that relief was approved or granted
in the absence of a finding by the court that prison conditions
violated a Federal right.
``(c) Procedure for Motions Affecting Prospective Relief.--
``(1) Generally.--The court shall promptly rule on any
motion to modify or terminate prospective relief in a civil
action with respect to prison conditions.
``(2) Automatic stay.--Any prospective relief subject to a
pending motion shall be automatically stayed during the
period--
``(A) beginning on the 30th day after such motion
is filed, in the case of a motion made under subsection
(b); and
``(B) beginning on the 180th day after such motion
is filed, in the case of a motion made under any other
law;
and ending on the date the court enters a final order ruling on
that motion.
``(d) Standing.--Any Federal, State, or local official or unit of
government--
``(1) whose jurisdiction or function includes the
prosecution or custody of persons in a prison subject to; or
``(2) who otherwise is or may be affected by;
any relief whose purpose or effect is to reduce or limit the prison
population shall have standing to oppose the imposition or continuation
in effect of that relief and may intervene in any proceeding relating
to that relief. Standing shall be liberally conferred under this
subsection so as to effectuate the remedial purposes of this section.
``(e) Special Masters.--In any civil action in a Federal court with
respect to prison conditions, any special master or monitor shall be a
United States magistrate and shall make proposed findings on the record
on complicated factual issues submitted to that special master or
monitor by the court, but shall have no other function. The parties may
not by consent extend the function of a special master beyond that
permitted under this subsection.
``(f) Attorney's Fees.--No attorney's fee under section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988) may be granted
to a plaintiff in a civil action with respect to prison conditions
except to the extent such fee is--
``(1) directly and reasonably incurred in proving an actual
violation of the plaintiff's Federal rights; and
``(2) proportionally related to the extent the plaintiff
obtains court ordered relief for that violation.
``(g) Definitions.--As used in this section--
``(1) the term `prison' means any Federal, State, or local
facility that incarcerates or detains juveniles or adults
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law;
``(2) the term `relief' means all relief in any form which
may be granted or approved by the court, and includes consent
decrees and settlement agreements (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); and
``(3) the term `prospective relief' means all relief other
than compensatory monetary damages.''.
(b) Application of Amendment.--Section 3626 of title 18, United
States Code, as amended by this section, shall apply with respect to
all relief (as defined in such section) whether such relief was
originally granted or approved before, on, or after the date of the
enactment of this Act.
(c) Clerical Amendment.--The item relating to section 3626 in the
table of sections at the beginning of subchapter C of chapter 229 of
title 18, United States Code, is amended by striking ``crowding'' and
inserting ``conditions''.
TITLE IV--ENHANCING PROTECTION AGAINST INCARCERATED CRIMINALS
SEC. 401. PRISON SECURITY.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 4048. Strength-training of prisoners prohibited
``The Bureau of Prisons shall ensure that--
``(1) prisoners under its jurisdiction do not engage in any
physical activities designed to increase their fighting
ability; and
``(2) all equipment designed for increasing the strength or
fighting ability of prisoners promptly be removed from Federal
correctional facilities and not be introduced into such
facilities thereafter except as needed for a medically required
program of physical rehabilitation approved by the Director of
the Bureau of Prisons.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 303 of title 18, United States Code, is amended by adding at
the end the following new item:
``4048. Strength-training of prisoners prohibited.''.
TITLE V--PRISON CONDITIONS
SEC. 501. 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
consistent 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. 502. 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 educational programs; and
(C) counseling services, together with the
rationale for spending on each category and empirical
data, if any, supporting such rationale.
TITLE VI--COMMUNITY SERVICE PROJECTS
SEC. 601. BUREAU OF PRISONS COMMUNITY SERVICE PROJECTS.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4047. Community service projects
``(a) Subject to the limitations of subsection (b), the Chief
Executive Officer of a Federal penal or correctional facility may, as
part of an inmate work program, provide services to private, nonprofit
organizations, as defined in section 501(c)(3) of the Internal Revenue
Code of 1986, or to a component of any State government or political
subdivision thereof. Such services shall be provided pursuant to rules
prescribed by the Attorney General.
``(b) Services provided under subsection (a)--
``(1) shall be used only for the benefit of the recipient
entity and not for the benefit of any individual or
organization other than the recipient; and
``(2) shall not displace an employee of the recipient or
result in a reduction in hours, wages, or employment benefits
of any employee of the recipient.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
chapter 303, title 18, United States Code, is amended by adding at the
end the following new item:
``4047. Community service projects.''.
TITLE VII--PRISON COMMISSARY ADMINISTRATION
SEC. 701. ADMINISTRATION OF FEDERAL PRISON COMMISSARIES.
Section 4043 of title 18, United States Code, is amended by
striking the current language and inserting the following:
``(a) The Director of the Bureau of Prisons may establish, operate,
and maintain commissaries in Federal penal or correctional facilities,
from and through which articles and services may be procured, sold,
rendered, or otherwise provided or made available for the benefit of
inmates confined within those facilities. Only those articles or
services authorized by the Director of the Bureau of Prisons may be
procured from or through prison commissaries for the use of inmates.
``(b) There is established in the Treasury of the United States a
revolving fund to be called the Prison Commissary Fund which shall be
available to the Federal Bureau of Prisons without fiscal-year
limitation to carry out the purposes, functions and powers authorized
by this section. Funds currently on deposit in the `Commissary Funds,
Federal Prisons' account of the Treasury shall be transferred to the
Prison Commissary Fund.
``(c) The Director of the Federal Bureau of Prisons may accept
gifts or bequests of money for credit to the Fund. The Director may
also accept gifts or bequests of other property, real or personal, for
use or other disposition by the Bureau of Prisons. A gift or bequest
under this section is a gift or bequest to or for the use of the United
States under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
``(d) Amounts in the Prison Commissary Fund which are not currently
needed for operations shall be kept on deposit or invested in
obligations of, or guaranteed by, the United States and all earnings on
such investments shall be deposited in the Prison Commissary Fund.
``(e) There shall be deposited in the Fund, subject to withdrawal
by the Federal Bureau of Prisons--
``(1) revenues received from the sale of articles through
prison commissaries;
``(2) revenues received from services rendered by prison
commissaries;
``(3) a gift or bequest of money for credit to the Fund;
``(4) proceeds from the sale or disposal of donated
property, real or personal, for credit to the Fund; and
``(5) earnings or interest which may be derived from
investments of the Fund.
``(f) The fund shall be available for the payment of any expenses
incurred by the Federal Bureau of Prisons in establishing, operating,
and maintaining prison commissaries and the Prison Commissary Fund,
including the employment of personnel, the purchase of equipment,
security-related or otherwise, and those expenses incurred in the
provision of articles or services procured, sold, rendered, or
otherwise provided or made available to inmates.
``(g) The Director of the Bureau of Prisons is authorized to use
monies from the Prison Commissary Fund for the general welfare of
inmates. No inmate shall be entitled to any portion of the Fund.
``(h) Employees compensated by or through the Prison Commissary
Fund may be assigned additional duties other than those directly
related to commissary activities.
``(i) The provisions of sections 554 and 555 and 701 through 706 of
title 5, United States Code, do not apply to the making of any
determination, decision, or order under this section.''.
SEC. 702. TECHNICAL AMENDMENT.
Section 1321(b) of title 31, United States Code, is amended by
striking ``Commissary Funds, Federal Prisons''.
Passed the House of Representatives February 10, 1995.
Attest:
Clerk.
104th CONGRESS
1st Session
H. R. 667
_______________________________________________________________________
AN ACT
To control crime by incarcerating violent criminals.