[Congressional Record Volume 140, Number 127 (Tuesday, September 13, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 13, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DOLE (for himself, Mr. Hatch, Mr. Thurmond, Mr. Simpson, 
        Mr. Grassley, Mrs. Hutchison, Mr. Gramm, Mr. Lott, Mr. Burns, 
        Mr. D'Amato, Mr. Nickles, Mr. Cochran, Mr. McConnell, and Mr. 
        Pressler):
  S. 2431. A bill to amend the Violent Crime Control and Law 
Enforcement Act of 1994 to reduce the amount of social spending, and 
for other purposes; to the Committee on the Judiciary.


                   the crime control improvement act

  Mr. DOLE. Mr. President, instead of signing the so-called crime bill, 
President Clinton should have used today's White House ceremony to send 
the bill back to Congress marked with four simple letters: V-E-T-O. 
Veto.
  The President should have told Congress to cut out the billions and 
billions of dollars in wasteful social spending, toughen up the 
penalties, and send him a new-and-improved crime bill that matches his 
own tough-on-crime rhetoric.
  And that is exactly what Senate Republicans tried to do last month, 
when we were ready to offer a series of 10 amendments, all designed to 
improve the crime bill by stripping out the pork and toughening up the 
weakest parts of the watered-down conference report.
  Republicans tried to save the taxpayers nearly $5 billion by cutting 
such phony crime-fighting measures as the Local Partnership Act, the 
Model Intensive Grants Program, the National Community Economic 
Partnership--even something called the Ounce of Prevention Program, 
which in reality is not an ounce, but a multimillion dollar ton of 
pure, unadulterated pork-barrel spending.
  Republicans sought to establish mandatory minimum penalties for those 
vicious criminals who use a gun in the commission of a crime and who 
sell illegal drugs to children.
  Republicans tried to ensure the swift deportation of illegal aliens 
who have committed violent crimes while in the United States.
  Republicans attempted to tighten up the crime bill's prison language 
so that funds will be used to build ``brick and mortar'' prison cells, 
rather than warm-and-fuzzy prison ``alternatives'' such as half-way 
houses and juvenile detention centers. Believe it or not, there is no 
guarantee that one dime of the crime bill's $30 billion will be used to 
build a single prison cell.
  And, Mr. President, last month, Republicans sought to ensure that 
first-time violent offenders are kept behind bars by encouraging States 
to adopt real, meaningful truth-in-sentencing reform.
  Although a full 2 weeks have elapsed since the Senate's passage of 
the conference report and today's signing ceremony, Republicans were 
nonetheless blocked--shut out is the word--from using just several 
hours to debate our 10 amendments, toughen up the crime bill in the 
process, and potentially save the taxpayers nearly $5 billion.

  So, Mr. President, today's signing ceremony may be a legislative 
victory for President Clinton, but it is a very expensive lesson for 
the American people.
  The American people are not dumb. They know that the crime bill is 
more hype than tough-on-crime substances. They know that it fully funds 
only 20,000 new police officers, not the 100,000 claimed by the 
administration.
  And the American people understand that the most effective way to 
prevent crime is not with the pork-barrell, but with the prison cell.
  Although Senate Republicans came up a bit short last month, this 
temporary set-back does not mean we have given up. On the contrary: 
Republicans will continue to push ahead--with greater effort and with 
even greater resolve--until the American people get the kind of tough, 
no-nonsense, crime-fighting plan they deserve, and one that is 100 
percent fat free.
  That is why I am introducing a bill today--the Crime Control 
Improvement Act--that incorporates all 10 amendments proposed by 
Republicans during the debate last month: a $5 billion cut in wasteful 
social spending, tough mandatory minimum penalties for those who use a 
gun while committing a crime, tough mandatory minimums for those who 
peddle drugs to minors and employ minors to sell drugs, the swift 
deportation of criminal aliens. And real truth-in-sentencing for first-
time violent offenders, not for the second-time offenders, as the crime 
bill now provides.
  The Senate should have adopted these amendments more than 2 weeks 
ago. The crime bill would have been vastly improved as a result, and 
the American people would not be so skeptical today of the overblown 
claims made by President Clinton and by the bill's most ardent 
supporters.
  No doubt about it, the Senate missed a golden opportunity by 
preventing Republicans from offering our amendments. But one lost 
opportunity does not mean we should not keep on trying, and that is 
exactly what Republicans intend to do in the weeks and months ahead.
  Mr. President, I ask unanimous consent that the full text of the 
Crime Control Improvement Act, as well as a section-by-section 
analysis, be reprinted in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2431

       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 ``Crime Control Improvement 
     Act of 1994''.

     SEC. 2. ELIMINATION OF MODEL INTENSIVE GRANT PROGRAM.

       Title III of the Violent Crime Control and Law Enforcement 
     Act of 1994 is amended by striking subtitle C.

     SEC. 3. ELIMINATION OF LOCAL PARTNERSHIP GRANT PROGRAM.

       Title III of the Violent Crime Control and Law Enforcement 
     Act of 1994 is amended by striking subtitle J.

     SEC. 4. ELIMINATION OF LOCAL CRIME PREVENTION BLOCK GRANT 
                   PROGRAM, FAMILY AND COMMUNITY ENDEAVOR SCHOOLS 
                   PROGRAM, COMMUNITY-BASED JUSTICE GRANT PROGRAM, 
                   URBAN RECREATION PROGRAM, AT-RISK YOUTH 
                   PROGRAM, AND POLICE RECRUITMENT PROGRAM.

       Title III of the Violent Crime Control and Law Enforcement 
     Act of 1994 is amended by striking section 30402, section 
     30403(b)(2), and subtitles B, G, H, O, and Q.

     SEC. 5. ELIMINATION OF NATIONAL COMMUNITY ECONOMIC 
                   PARTNERSHIP PROGRAM, COMMUNITY SCHOOLS PROGRAM, 
                   OUNCE OF PREVENTION PROGRAM, FAMILY UNITY 
                   DEMONSTRATION PROJECT, GANG RESISTANCE 
                   EDUCATION AND TRAINING PROGRAM, AND DRUG COURTS 
                   PROGRAM.

       The Violent Crime Control and Law Enforcement Act of 1994 
     is amended--
       (1) in title III by striking section 30401, section 
     30403(b)(1), and subtitles A, D, K, S, and X; and
       (2) by striking title V.

     SEC. 6. AMENDMENT OF VIOLENT OFFENDER INCARCERATION AND TRUTH 
                   IN SENTENCING INCENTIVE 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--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

     ``SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

       ``(a) Grant Authorization.--The Attorney General may make 
     grants to individual States and to States organized as multi-
     State compacts to construct, develop, expand, modify, 
     operate, or improve conventional prisons to ensure that 
     prison cell space is available for the confinement of violent 
     offenders and to implement truth in sentencing laws for 
     sentencing violent offenders.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this subtitle, a State or States organized as multi-State 
     compacts shall submit an application to the Attorney General 
     that includes--
       ``(1) assurances that the State or States have implemented, 
     or will implement, correctional policies and programs, 
     including truth in sentencing laws that ensure that violent 
     offenders serve a substantial portion of the sentences 
     imposed, that are designed to provide sufficiently severe 
     punishment for violent offenders, including violent juvenile 
     offenders, and that the prison time served is appropriately 
     related to the determination that the inmate is a violent 
     offender and for a period of time deemed necessary to protect 
     the public;
       ``(2) assurances that the State or States have implemented 
     policies that provide for the recognition of the rights and 
     needs of crime victims;
       ``(3) assurances that funds received under this section 
     will be used to construct, develop, expand, modify, operate, 
     or improve conventional correctional facilities to ensure 
     that prison cell space is available for the confinement of 
     violent offenders;
       ``(4) assurances that the State or States have involved 
     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 violent 
     offenders, and that the State or States will share funds 
     received under this section with counties and other units of 
     local government, taking into account the burden placed on 
     these units of government when they are required to confine 
     sentenced prisoners because of overcrowding in State prison 
     facilities;
       ``(5) assurances that funds received under this section 
     will be used to supplement, not supplant, other Federal, 
     State, and local funds;
       ``(6) assurances that the State or States have implemented, 
     or will implement within 18 months after the date of the 
     enactment of this Act, policies to determine the veteran 
     status of inmates and to ensure that incarcerated veterans 
     receive the veteran's benefits to which they are entitled; 
     and
       ``(7) if applicable, documentation of the multi-State 
     compact agreement that specifies the construction, 
     development, expansion, modification, operation, or 
     improvement of correctional facilities.

     ``SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

       ``(a) Truth in Sentencing Grant Program.--Fifty percent of 
     the total amount of funds appropriated to carry out this 
     subtitle for each of fiscal years 1995, 1996, 1997, 1998, 
     1999, and 2000 shall be made available for Truth in 
     Sentencing Incentive Grants. To be eligible to receive such a 
     grant, a State must meet the requirements of section 20101(b) 
     and shall demonstrate that the State--
       ``(1) has in effect laws which require that persons 
     convicted of violent crimes serve not less than 85 percent of 
     the sentence imposed; or
       ``(2) since 1993--
       ``(A) has increased the percentage of convicted violent 
     offenders sentenced to prison;
       ``(B) has increased the average prison time which will be 
     served in prison by convicted violent offenders sentenced to 
     prison;
       ``(C) has increased the percentage of sentence which will 
     be served inprison by violent offenders sentenced to prison; 
     and
       ``(D) has in effect at the time of application laws 
     requiring that a person who is convicted of a violent crime 
     shall serve not less than 85 percent of the sentence imposed.
       ``(b) Allocation of Truth in Sentencing Incentive Funds.--
     The amount available to carry out this section for any fiscal 
     year under subsection (a) shall be allocated to each eligible 
     State in 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.

     ``SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

       ``(a) Violent Offender Incarceration Grant Program.--Fifty 
     percent of the total amount of funds appropriated to carry 
     out this subtitle for each of fiscal years 1995, 1996, 1997, 
     1998, 1999, and 2000 shall be made available for Violent 
     Offender Incarceration Grants. To be eligible to receive such 
     a grant, a State or States must meet the requirements of 
     section 20101(b).
       ``(b) Allocation of Violent Offender Incarceration Funds.--
       ``(1) Formula allocation.--Eighty-five percent of the sum 
     of the amount available for Violent Offender Incarceration 
     Grants for any fiscal year under subsection (a) for that 
     fiscal year shall be allocated as follows:
       ``(A) 0.25 percent shall be allocated to each eligible 
     State except that the United States Virgin Islands, American 
     Samoa, Guam, and the Northern Mariana Islands each shall be 
     allocated 0.05 percent.
       ``(B) The amount remaining after application of 
     subparagraph (A) shall be allocated to each eligible State in 
     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.
       ``(2) Discretionary allocation.--Fifteen percent of the sum 
     of the amount available for Violent Offender Incarceration 
     Grants for any fiscal year under subsection (a) shall be 
     allocated at the discretion of the Attorney General to States 
     that have demonstrated the greatest need for such grants and 
     the ability to best utilize the funds to meet the objectives 
     of the grant program and ensure that prison cell space is 
     available for the confinement of violent offenders.

     ``SEC. 20104. MATCHING REQUIREMENT.

       ``The Federal share of a grant received under this subtitle 
     may not exceed 75 percent of the costs of a proposal 
     described in an application approved under this subtitle.

     ``SEC. 20105. RULES AND REGULATIONS.

       ``(a) The Attorney General shall issue rules and 
     regulations regarding the uses of grant funds received under 
     this subtitle not later than 90 days after the date of 
     enactment of this Act.
       ``(b) If 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 that 
     State for the purposes of allocation of any funds under this 
     subtitle.

     ``SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.

       ``The Attorney General may request that the Director of the 
     National Institute of Corrections and the Director of the 
     Federal Bureau of Prisons provide technical assistance and 
     training to a State or States that receive a grant under this 
     subtitle to achieve the purposes of this subtitle.

     ``SEC. 20107. EVALUATION.

       ``The Attorney General may request the Director of the 
     National Institute of Corrections to assist with an 
     evaluation of programs established with funds under this 
     subtitle.

     ``SEC. 20108. DEFINITIONS.

       ``In this subtitle--
       `` `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.
       `` `State' or `States' 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. 20109. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subtitle--
       ``(1) $175,000,000 for fiscal year 1995;
       ``(2) $750,000,000 for fiscal year 1996;
       ``(3) $1,000,000,000 for fiscal year 1997;
       ``(4) $1,900,000,000 for fiscal year 1998;
       ``(5) $2,000,000,000 for fiscal year 1999; and
       ``(6) $2,070,000,000 for fiscal year 2000.''.

     SEC. 7. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS 
                   USING FIREARMS.

       Section 924(c)(1) of title 18, United States Code, is 
     amended by inserting after the first sentence the following: 
     ``Except to the extent a greater minimum sentence is 
     otherwise provided by the preceding sentence or by any other 
     provision of this subsection or any other law, a person who, 
     during and in relation to any crime of violence or drug 
     trafficking crime (including a crime of violence or drug 
     trafficking crime which provides for an enhanced punishment 
     if committed by the use of a deadly or dangerous weapon or 
     device) for which a person may be prosecuted in a court of 
     the United States, uses or carries a firearm, shall, in 
     addition to the punishment provided for such crime of 
     violence or drug trafficking crime--
       ``(A) be punished by imprisonment for not less than 10 
     years;
       ``(B) if the firearm is discharged, be punished by 
     imprisonment for not less than 20 years; and
       ``(C) if the death of a person results, be punished by 
     death or by imprisonment for not less than life.

     Notwithstanding any other law, the court shall not place on 
     probation or suspend the sentence of any person convicted of 
     a violation of this subsection, nor shall the term of 
     imprisonment imposed under this subsection run concurrently 
     with any other term of imprisonment including that imposed 
     for the crime of violence or drug trafficking crime in which 
     the firearm was used or carried. No person sentenced under 
     this subsection shall be eligible for parole during the term 
     of imprisonment imposed under this subsection.''.

     SEC. 8. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO USE 
                   MINORS IN DRUG TRAFFICKING ACTIVITIES.

       (a) Employment of Persons Under-18 Years of Age.--Section 
     420 of the Controlled Substances Act (21 U.S.C. 861) is 
     amended--
       (1) In subsection (b) by adding at the end the following: 
     ``Except to the extent a greater minimum sentence is 
     otherwise provided, a term of imprisonment of a person 21 or 
     more years of age convicted of drug trafficking under this 
     subsection shall be not less than 10 years. Notwithstanding 
     any other law, the court shall not place on probation or 
     suspend the sentence of any person sentenced under the 
     preceding sentence.''; and
       (2) in subsection (c) (penalty for second offenses) by 
     inserting after the second sentence the following: ``Except 
     to the extent a greater minimum sentence is otherwise 
     provided, a term of imprisonment of a person 21 or more years 
     of age convicted of drug trafficking under this subsection 
     shall be a mandatory term of life imprisonment. 
     Notwithstanding any other law, the court shall not place on 
     probation or suspend the sentence of any person sentenced 
     under the preceding sentence.''.

     SEC. 9. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO SELL 
                   ILLEGAL DRUGS TO MINORS.

       (a) Distribution to Persons Under Age 18.--Section 418 of 
     the Controlled Substances Act (21 U.S.C. 859) is amended--
       (1) in subsection (a) (first offense) by inserting after 
     the second sentence ``Except to the extent a greater minimum 
     sentence is otherwise provided by section 401(b), a term of 
     imprisonment under this subsection in a case involving 
     distribution to a person under 18 years of age by a person 21 
     or more years of age shall be not less than 10 years. 
     Notwithstanding any other law, the court shall not place on 
     probation or suspend the sentence of any person sentenced 
     under the preceding sentence.''; and
       (2) in subsection (b) (second offense) by inserting after 
     the second sentence ``Except to the extent a greater sentence 
     is otherwise authorized by section 401(b), a term of 
     imprisonment under this subsection in a case involving 
     distribution to a person under 18 years of age by a person 21 
     or more years of age shall be a mandatory term of life 
     imprisonment. Notwithstanding any other law, the court shall 
     not place on probation or suspend the sentence of any person 
     sentenced under the preceding sentence.'.''

     SEC. 10. DEPORTATION OF CRIMINAL ALIENS.

       (a) Expansion of Definition of Aggravated Felony.--
       (1) Expansion of definition.--Section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended to read as follows:
       ``(43) The term `aggravated felony' means--
       ``(A) murder;
       ``(B) illicit trafficking in a controlled substance (as 
     defined in section 102 of the Controlled Substances Act), 
     including a drug trafficking crime (as defined in section 
     924(c) of title 18, United States Code);
       ``(C) illicit trafficking in firearms or destructive 
     devices (as defined in section 921 of title 18, United States 
     Code) or in explosive materials (as defined in section 841(c) 
     of that title);
       ``(D) an offense described in section 1956 of title 18, 
     United States Code (relating to laundering of monetary 
     instruments) or section 1957 of that title (relating to 
     engaging in monetary transactions in property derived from 
     specific unlawful activity) if the amount of the funds 
     exceeded $100,000;
       ``(E) an offense described in--
       ``(i) section 842 (h) or (i) of title 18, United States 
     Code, or section 844 (d), (e), (f), (g), (h), or
       (i) of that title (relating to explosive materials 
     offenses);
       ``(ii) section 922(g) (1), (2), (3), (4), or (5), (j), (n), 
     (o), (p), or (r) or 924 (b) or (h) of title 18, United States 
     Code (relating to firearms offenses); or
       ``(iii) section 5861 of the Internal Revenue Code of 1986 
     (relating to firearms offenses);
       ``(F) a crime of violence (as defined in section 16 of 
     title 18, United States Code, but not including a purely 
     political offense) for which the term of imprisonment imposed 
     (regardless of any suspension of imprisonment) is at least 5 
     years;
       ``(G) a theft offense (including receipt of stolen 
     property) or budgetary offense for which the term of 
     imprisonment imposed (regardless of any suspension of such 
     imprisonment) is at least 33 months;
       ``(H) an offense described in section 875, 876, 877, or 
     1202 of title 18, United States Code (relating to the demand 
     for or receipt of ransom);

       ``(I) an offense described in section 2251, 2251A, or 2252 
     of title 18, United States Code (relating to child 
     pornography);

       ``(J) an offense described in section 1962 of title 18, 
     United States Code (relating to racketeer influenced corrupt 
     organizations) for which a sentence of 5 years' imprisonment 
     or more may be imposed;
       ``(K) an offense that--
       ``(i) relates to the owning, controlling, managing, or 
     supervising of a prostitution business; or
       ``(ii) is described in section 1581, 1582, 1583, 1584, 
     1585, or 1588, of title 18, United States Code (relating to 
     peonage, slavery, and involuntary servitude);
       ``(L) an offense relating to perjury or subornation of 
     perjury if the offense involved causing or threatening to 
     cause physical injury to a person or damage to property;
       ``(M) an offense described in--
       ``(i) section 793 (relating to gathering or transmitting 
     national defense information), 798 (relating to disclosure of 
     classified information), 2153 (relating to sabotage) or 2381 
     or 2382 (relating to treason) of title 18, United States 
     Code; or
       ``(ii) section 601 of the National Security Act of 1947 (50 
     U.S.C. 421) (relating to protecting the identity of 
     undercover intelligence agents);
       ``(N) an offense that--
       ``(i) involves fraud or deceit in which the loss to the 
     victim or victims exceeds $200,000; or
       ``(ii) is described in section 7201 of the Internal Revenue 
     Code of 1986 (relating to tax evasion) in which the revenue 
     loss to the Government exceeds $200,000;
       ``(O) an offense described in section 274(a)(1) of title 
     18, United States Code (relating to alien smuggling) for the 
     purpose of commercial advantage;
       ``(P) an offense described in section 1546(a) of title 18, 
     United States Code (relating to document fraud) which 
     constitutes trafficking in the documents described in such 
     section;
       ``(Q) an offense relating to a failure to appear by a 
     defendant for service of sentence if the underlying offense 
     is punishable by imprisonment for a term of 15 years or more; 
     and
       ``(R) an attempt or conspiracy to commit an offense 
     described in this paragraph,
     including any such offense under Federal or State law or the 
     law of a foreign country for which the term of imprisonment 
     was completed within the previous 15 years.''.
       (2) Effective date.--The amendment made by this section 
     shall apply to convictions entered on or after the date of 
     enactment of this Act.
       (b) Deportation Procedures for Certain Criminal Aliens Who 
     Are Not Permanent Residents.--
       (1) Elimination of administrative hearing for certain 
     criminal aliens.--Section 242A of the Immigration and 
     Nationality Act (8 U.S.C. 1252a) is amended by adding at the 
     end the following new subsection:
       ``(f) Deportation of Aliens Who Are Not Permanent 
     Residents.--
       ``(1) Notwithstanding section 242, and subject to paragraph 
     (5), the Attorney General may issue a final order of 
     deportation against any alien described in paragraph (2) whom 
     the Attorney General determines to be deportable under 
     section 241(a)(2)(A)(iii) (relating to conviction of an 
     aggravated felony).
       ``(2) An alien is described in this paragraph if the 
     alien--
       ``(A) was not lawfully admitted for permanent residence at 
     the time that proceedings under this section commenced, or
       ``(B) had permanent resident status on a conditional basis 
     (as described in section 216 or 216A) at the time that 
     proceedings under this section commenced.
       ``(3) No alien described in this section shall be eligible 
     for any relief from deportation that the Attorney General may 
     grant in the Attorney General's discretion.
       ``(4) The Attorney General may not execute any order 
     described in paragraph (1) until 14 calendar days have passed 
     from the date that such order was issued, unless waived by 
     the alien, in order that the alien has an opportunity to 
     apply for judicial review under section 106.
       ``(5) Pending a determination of deportability under this 
     section, the Attorney General shall not release the alien. An 
     order of deportation entered pursuant to this section shall 
     be executed by the Attorney General in accordance with 
     section 243. Proceedings before the Attorney General under 
     this section shall be in accordance with such regulations as 
     the Attorney General shall prescribe and shall include 
     requirements that provide that--
       ``(A) the alien is given reasonable notice of the charges;
       ``(B) the alien has an opportunity to have assistance of 
     counsel at no expense to the government and in a manner that 
     does not unduly delay the proceedings;
       ``(C) the alien has a reasonable opportunity to inspect the 
     evidence and rebut the charges;
       ``(D) the determination of deportability is supported by 
     reasonable, substantial, and probative evidence; and
       ``(E) the final order of deportation is not adjudicated by 
     the same person who issued such order.''.
       (2) Limited judicial review.--Section 106 of the 
     Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
       (A) in the first sentence of subsection (a), by inserting 
     ``or pursuant to section 242A'' after ``under section 
     242(b)'';
       (B) in subsection (a)(1) and subsection (a)(3), by 
     inserting ``(including an alien described in section 242A)'' 
     after ``aggravated felony''; and
       (C) by adding at the end the following new subsection:
       ``(d) Notwithstanding subsection (c), a petition for review 
     or for habeas corpus on behalf of an alien described in 
     section 242A(c) may only challenge whether the alien is in 
     fact an alien described in such section, and no court shall 
     have jurisdiction to review any other issue.''.
       (3) Technical amendments.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a) is amended--
       (A) in subsection (a)--
       (i) by striking ``(a) In General.--'' and inserting the 
     following:
       ``(b) Deportation of Permanent Resident Aliens.--
       ``(1) In general.--''; and
       (B) by inserting in the first sentence ``permanent 
     resident'' after ``correctional facilities for'';
       (B) in subsection (b)--
       (i) by striking ``(b) Implementation.--'' and inserting 
     ``(2) Implementation.--''; and
       (ii) by striking ``respect to an'' and inserting ``respect 
     to a permanent resident'';
       (C) by striking subsection (c);
       (D) in subsection (d)--
       (i) by striking ``(d) Expedited Proceedings.--(1)'' and 
     inserting ``(3) Expedited proceedings.--(A)'';
       (ii) by inserting ``permanent resident'' after ``in the 
     case of any''; and
       (iii) by striking ``(2)'' and inserting ``(B)'';
       (E) in subsection (e)--
       (i) by striking ``(e) Review.--(1)'' and inserting ``(4) 
     Review.--(A)'';
       (ii) by striking the second sentence; and
       (iii) by striking ``(2)'' and inserting ``(B)'';
       (F) by redesignating subsection (f), as added by paragraph 
     (1) of this subsection, as subsection (c);
       (G) by inserting after the section heading the following 
     new subsection:
       ``(a) Presumption of Deportability.--An alien convicted of 
     an aggravated felony shall be deportable from the United 
     States.''; and
       (H) by amending the section heading to read as follows:
       ``EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING 
     AGGRAVATED FELONIES''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to all aliens against whom deportation 
     proceedings are initiated after the date of enactment of this 
     Act.
       (c) Judicial Deportation.--
       (1) Judicial deportation.--Section 242A of the Immigration 
     and Nationality Act (8 U.S.C. 1252a) is amended by adding at 
     the end the following new subsection:
       ``(d) Judicial Deportation.--
       ``(1) Authority.--Notwithstanding any other provision of 
     this Act, a United States district court shall have 
     jurisdiction to enter a judicial order of deportation at the 
     time of sentencing against an alien whose criminal conviction 
     causes such alien to be deportable under section 
     241(a)(2)(A)(iii) (relating to conviction of an aggravated 
     felony), if such an order has been requested prior to 
     sentencing by the United States Attorney with the concurrence 
     of the Commissioner.
       ``(2) Procedure.--
       ``(A) The United States Attorney shall provide notice of 
     intent to request judicial deportation promptly after the 
     entry in the record of an adjudication of guilt or guilty 
     plea. Such notice shall be provided to the court, to the 
     Service, to the alien, and to the alien's counsel of record.
       ``(B) Notwithstanding section 242B, the United States 
     Attorney, with the concurrence of the Commissioner, shall 
     file at least 20 days prior to the date set for sentencing a 
     charge containing factual allegations regarding the alienage 
     of the defendant and satisfaction by the defendant of the 
     definition of aggravated felony.
       ``(C) If the court determines that the defendant has 
     presented substantial evidence to establish prima facie 
     eligibility for relief from deportation under section 212(c), 
     the Commissioner shall provide the court with a 
     recommendation and report regarding the alien's eligibility 
     for relief under such section. The court shall either grant 
     or deny the relief sought.
       ``(D)(i) The alien shall have a reasonable opportunity to 
     examine the evidence against him or her, to present evidence 
     on his or her own behalf, and to cross-examine witnesses 
     presented by the Government.
       ``(ii) The court, for the purposes of determining whether 
     to enter an order described in paragraph (1), shall only 
     consider evidence that would be admissible in proceedings 
     conducted pursuant to section 242(b).
       ``(iii) Nothing in this subsection shall limit the 
     information a court of the United States may receive or 
     consider for the purposes of imposing an appropriate 
     sentence.
       ``(iv) The court may order the alien deported if the 
     Attorney General demonstrates by clear and convincing 
     evidence that the alien is deportable under this Act.
       ``(3) Notice, appeal, and execution of judicial order of 
     deportation.--
       ``(A)(i) A judicial order of deportation or denial of such 
     order may be appealed by either party to the court of appeals 
     for the circuit in which the district court is located.
       ``(ii) Except as provided in clause (iii), such appeal 
     shall be considered consistent with the requirements 
     described in section 106.
       ``(iii) Upon execution by the defendant of a valid waiver 
     of the right to appeal the conviction on which the order of 
     deportation is based, the expiration of the period described 
     in section 106(a)(1), or the final dismissal of an appeal 
     from such conviction, the order of deportation shall become 
     final and shall be executed at the end of the prison term in 
     accordance with the terms of the order. If the conviction is 
     reversed on direct appeal, the order entered pursuant to this 
     section shall be void.
       ``(B) As soon as is practicable after entry of a judicial 
     order of deportation, the Commissioner shall provide the 
     defendant with written notice of the order or deportation, 
     which shall designate the defendant's country of choice for 
     deportation and any alternate country pursuant to section 
     243(a).
       ``(4) Denial of judicial order.--Denial of a request for a 
     judicial order of deportation shall not preclude the Attorney 
     General from initiating deportation proceedings pursuant to 
     section 242 upon the same ground of deportability or upon any 
     other ground of deportability provided under section 
     241(a).''.
       (2) Technical amendment.--The ninth sentence of section 
     242(b) of the Immigration and Nationality Act (8 U.S.C. 
     1252(b)) is amended by striking ``The'' and inserting 
     ``Except as provided in section 242A(d), the''.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to alter the privilege of being represented at 
     no expense to the Government set forth in section 292 of the 
     Immigration and Nationality Act.
       (4) Effective date.--The amendments made by this section 
     shall apply to all aliens whose adjudication of guilt or 
     guilty plea is entered in the record after the date of 
     enactment of this Act.
       (d) Restricting Defenses to Deportation for Certain 
     Criminal Aliens.--
       (1) Defenses based on seven years of permanent residence.--
     The last sentence of section 212(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(c)) is amended by striking 
     ``has served for such felony or felonies'' and all that 
     follows through the period and inserting ``has been sentenced 
     for such felony or felonies to a term of imprisonment of at 
     least 5 years, if the time for appealing such conviction or 
     sentence has expired and the sentence has become final. For 
     purposes of this section, the term `sentence' does not 
     include a sentence the execution of which was suspended in 
     its entirety.''.
       (2) Defenses based on withholding of deportation.--Section 
     243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1253(h)(2)) is amended--
       (A) by striking the final sentence and inserting the 
     following new subparagraph:
       ``(E) the alien has been convicted of an aggravated 
     felony.''; and
       (B) by striking ``or'' at the end of subparagraph (C) and 
     inserting ``or'' at the end of subparagraph (D).
       (e) Enhancing Penalties for Failing to Depart, or 
     Reentering, After Final Order of Deportation.--
       (1) Failure to depart.--Section 242(e) of the Immigration 
     and Nationality Act (8 U.S.C. 1252(e)) is amended--
       (A) by striking ``paragraph (2), (3), or 4 of'' the first 
     time it appears; and
       (B) by striking ``shall be imprisoned not more than ten 
     years'' and inserting ``shall be imprisoned not more than 
     four years, or shall be imprisoned not more than ten years if 
     the alien is a member of any of the classes described in 
     paragraph (1)(E), (2), (3), or (4) of section 241(a).''.
       (2) Reentry.--Section 276(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1326(b)) is amended--
       (A) in paragraph (1)--
       (i) by inserting after ``commission of'' the following: 
     ``three or more misdemeanors involving drugs, crimes against 
     the person, or both, or''; and
       (ii) by striking ``5'' and inserting ``10'';
       (B) in paragraph (2), by striking ``15'' and inserting 
     ``20''; and
       (C) by adding at the end the following sentence:
       ``For the purposes of this subsection, the term 
     `deportation' includes any agreement in which an alien 
     stipulates to deportation during a criminal trial under 
     either Federal or State law.''.
       (3) Collateral attacks on underlying deportation order.--
     Section 276 of the Immigration and Nationality Act (8 U.S.C. 
     1326) is amended by adding after subsection (b) the following 
     new subsection:
       ``(c) In a criminal proceeding under this section, an alien 
     may not challenge the validity of the deportation order 
     described in subsection (a)(1) or subsection (b) unless the 
     alien demonstrates that--
       ``(1) the alien exhausted any administrative remedies that 
     may have been available to seek relief against the order;
       ``(2) the deportation proceedings at which the order was 
     issued improperly deprived the alien of the opportunity for 
     judicial review; and
       ``(3) the entry of the order was fundamentally unfair.''.
       (f) Criminal Alien Tracking Center.--
       (1) Operation.--The Attorney General shall, under the 
     authority of section 242(a)(3)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal 
     alien tracking center.
       (2) Purpose.--The criminal alien tracking center shall be 
     used to assist Federal, State, and local law enforcement 
     agencies in identifying and locating aliens who may be 
     subject to deportation by reason of their conviction of 
     aggravated felonies.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this section $2,000,000 for 
     fiscal year 1995 and $6,000,000 for each of fiscal years 
     1996, 1997, 1998, and 1999.
       (g) Miscellaneous and Technical Changes.--
       (1) Form of deportation hearings.--The second sentence of 
     section 242(b) of the Immigration and Nationality Act (8 
     U.S.C. 1252(b)) is amended by inserting before the period the 
     following: ``; except that nothing in this subsection shall 
     preclude the Attorney General from authorizing proceedings by 
     electronic or telephonic media, in the discretion of the 
     special inquiry officer, or, where waived or agreed to by the 
     parties, in the absence of the alien.''.
       (2) Construction of expedited deportation requirements.--No 
     amendment made by this Act and nothing in section 242(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1252(i)) shall 
     be construed to create any substantive or procedural right or 
     benefit that is legally enforceable by any party against the 
     United States or its agencies or officers or any other 
     person.
       (3) Amendment of the violent crime control and law 
     enforcement act of 1994.--Sections 130001, 130002, and 130004 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     and the amendments made by those sections are repealed 
     effective as of the date of enactment of this Act.

     SEC. 11. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM 
                   SENTENCE PROVISIONS IN CERTAIN CIRCUMSTANCES.

       (a) Amendment of Title 18, United States Code.--Section 
     3553 of title 18, United States Code, is amended by adding at 
     the end the following new subsection:
       ``(f) Mandatory Minimum Sentence Provisions.--
       ``(1) Sentencing under this section.--In the case of an 
     offense described in paragraph (2), the court shall, 
     notwithstanding the requirement of a mandatory minimum 
     sentence in that section, impose a sentence in accordance 
     with this section and the sentencing guidelines and any 
     pertinent policy statement issued by the United States 
     Sentencing Commission.
       ``(2) Offenses.--An offense is described in this paragraph 
     if--
       ``(A) the defendant is subject to a mandatory minimum term 
     of imprisonment under section 401 or 402 of the Controlled 
     Substances Act (21 U.S.C. 841 and 844) or section 1010 of the 
     Controlled Substances Import and Export Act (21 U.S.C. 960);
       ``(B) the defendant does not have--
       ``(i) any criminal history points under the sentencing 
     guidelines; or
       ``(ii) any prior conviction, foreign or domestic, for a 
     crime of violence against the person or drug trafficking 
     offense that resulted in a sentence of imprisonment (or an 
     adjudication as a juvenile delinquent for an act that, if 
     committed by an adult, would constitute a crime of violence 
     against the person or drug trafficking offense;
       ``(C) the offense did not result in death or serious bodily 
     injury (as defined in section 1365) to any person--
       ``(i) as a result of the act of any person during the 
     course of the offense; or
       ``(ii) as a result of the use by any person of a controlled 
     substance that was involved in the offense;
       ``(D) the defendant did not carry or otherwise have 
     possession of a firearm (as defined in section 921) or other 
     dangerous weapon during the course of the offense and did not 
     direct another person who possessed a firearm to do so and 
     the defendant had no knowledge of any other conspirator 
     involved possessing a firearm;
       ``(E) the defendant was not an organizer, leader, manager, 
     or supervisor of others (as defined or determined under the 
     sentencing guidelines) in the offense;
       ``(F) the defendant was nonviolent in that the defendant 
     did not use, attempt to use, or make a credible threat to use 
     physical force against the person of another during the 
     course of the offense;
       ``(G) the defendant did not own the drugs, finance any part 
     of the offense or sell the drugs; and
       ``(H) the Government certifies that the defendant has 
     timely and truthfully provided to the Government all 
     information and evidence the defendant has concerning the 
     offense or offenses that were part of the same course of 
     conduct or of a common scheme or plan.''.
       (b) Harmonization.--
       (1) In general.--The United States Sentencing Commission--
       (A) may make such amendments as it deems necessary and 
     appropriate to harmonize the sentencing guidelines and policy 
     statements with section 3553(f) of title 18, United States 
     Code, as added by subsection (a), and promulgate policy 
     statements to assist the courts in interpreting that 
     provision; and
       (B) shall amend the sentencing guidelines, if necessary, to 
     assign to an offense under section 401 or 402 of the 
     Controlled Substances Act (21 U.S.C. 841 and 844) or section 
     1010 of the Controlled Substances Import and Export Act (21 
     U.S.C. 960) to which a mandatory minimum term of imprisonment 
     applies a guideline level that will result in the imposition 
     of a term of imprisonment at least equal to the mandatory 
     term of imprisonment that is currently applicable unless a 
     downward adjustment is authorized under section 3553(f) of 
     title 18, United States Code, as added by subsection (a).
       (2) Emergency amendments.--If the Commission determines 
     that an expedited procedure is necessary in order for 
     amendments made pursuant to paragraph (1) to become effective 
     on the effective date specified in subsection (c), the 
     Commission may promulgate such amendments as emergency 
     amendments under the procedures set forth in section 21(a) of 
     the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 
     1271), as though the authority under that section had not 
     expired.
       (c) Effective Date.--The amendment made by subsection (a) 
     and any amendments to the sentencing guidelines made by the 
     United States Sentencing Commission pursuant to subsection 
     (b) shall apply with respect to sentences imposed for 
     offenses committed on or after the date that is 60 days after 
     the date of enactment of this Act. Notwithstanding any other 
     law, a defendant who has been sentenced pursuant to section 
     3553(f) who is subsequently convicted of a violation of the 
     Controlled Substances Act, or of a crime of violence for 
     which imposition of a mandatory minimum term of imprisonment 
     is required, shall be sentenced to an additional 5 years' 
     imprisonment.
       (d) Repeal of Title VIII of Violent Crime Control and Law 
     Enforcement Act of 1994.--Title VIII of Violent Crime Control 
     and Law Enforcement Act of 1994 and the amendment made by 
     that title are repealed effective as of the effective date 
     specified in subsection (c).

     SEC. 12. EQUITABLE DISTRIBUTION OF DISCRETIONARY GRANTS.

       It is the sense of the Congress that all grants authorized 
     under the Violent Crime Control and Law Enforcement Act of 
     1994 and not required to be distributed according to a 
     formula prescribed by law shall be distributed in a fair and 
     equitable manner that ensures that rural states receive a 
     fair and proportional share of the funds.
                                  ____


     The Crime Control Improvement Act Section-by-Section Analysis

       Section One. Short Title. The Act may be cited as the 
     ``Crime Control Improvement Act of 1994.''
       Section Two. Elimination of the Model Intensive Grant 
     Program. This section strikes the $625.5 million Model 
     Intensive grant program, contained in subtitle C of Title III 
     of the Violent Crime Control and Law Enforcement Act of 1994. 
     Under this program, 15 cities are hand-picked by the 
     Administration and given complete discretion over how to 
     spend the funding. Program funds may be spent for any purpose 
     loosely tied to crime reduction. The Model Cities Intensive 
     grant program was not part of the Senate-passed crime bill.
       Section Three. Elimination of Local Partnership Grant 
     Program. This section strikes the $1.62 billion ``Local 
     Partnership Act,'' contained in subtitle J of Title III of 
     the Violent Crime Control and Law Enforcement Act of 1994. 
     The Local Partnership Act was not part of the Senate-passed 
     crime bill.
       Section Four. Elimination of House-passed Social Spending. 
     This section strikes approximately $737 million in social 
     spending programs, contained in subtitles B, D, G, H, O, and 
     Q of Title III of the Violent Crime Control and Law 
     Enforcement Act of 1994. The programs eliminated by this 
     section include the Local Crime Prevention Block Grant 
     program, the Family and Endeavor Schools program, the 
     Community-based Justice Grants program, the Urban Recreation 
     program, the At-Risk Youth program, and the Police 
     Recruitment program.
       Section Five. Elimination of Senate-passed Social Spending. 
     This section strikes over $1.9 billion in social spending 
     programs, contained in subtitles A, D, K, S, and X of Title 
     III and Title V of the Violent Crime Control and Law 
     Enforcement Act of 1994. All of the programs eliminated by 
     this section had passed the Senate as part of the Senate 
     crime bill. However, in some instances the authorization 
     levels for the programs were increased in conference. The 
     programs eliminated by this section include the National 
     Community Economic Partnership, the Community Schools 
     program, the Ounce of Prevention program, the Family Unity 
     Demonstration Project, the Gang Resistance Education and 
     Training program, and the Drug Courts program.
       Section Six. Prison Grants. This section amends subtitle A 
     of Title II of the Violent Crime Control and Law Enforcement 
     Act as follows:
       The Act currently allows prison funds to be spent 
     on alternative correctional facilities in order ``to free 
     conventional prison space.'' This section requires that 
     prison grants be spent on conventional prisons to house 
     violent offenders, not on alternative facilities.
       This section removes from the Act a provision which would 
     have conditioned state receipt of the prison grants on 
     adoption of a comprehensive correctional plan that would 
     include diversion programs, jobs skills programs for 
     prisoners, and post-release assistance. Accordingly, these 
     grants will be used exclusively to build and operate prisons.
       This section also amends the Act to condition prison grants 
     on state adoption of truth-in-sentencing for first-time 
     violent offenders. The Act only requires that states adopt 
     truth-in-sentencing for second-time violent offenders.
       Finally, this section amends the Act by deleting a 
     ``reverter clause'' which provides that truth-in-sentencing 
     grants that are not quickly spent will revert back to non-
     incentive grants. This reverter clause essentially removes 
     any incentive for states to adopt truth-in-sentencing reform.
       Section Seven. Increased Mandatory Minimum Sentences for 
     Criminals Using Firearms. This section establishes a 
     mandatory minimum penalty of 10 years' imprisonment for 
     anyone who uses or carries a firearm during a crime of 
     violence or drug trafficking crime. If the firearm is 
     discharged, the person faces a mandatory minimum penalty of 
     20 years' imprisonment. If death results, the penalty is 
     death or life imprisonment.
       Section Eight. Mandatory Minimum Prison Sentences for Those 
     who Use Minors in Drug Trafficking Activities. This section 
     establishes a mandatory minimum sentence of 10 years' 
     imprisonment for anyone who employs a minor in drug 
     trafficking activities. The section also establishes a 
     sentence of mandatory life imprisonment for a second offense.
       Section Nine. Mandatory Minimum Sentences for Those who 
     Sell Illegal Drugs to Minors. This section establishes a 
     mandatory minimum sentence of 10 years' imprisonment for 
     anyone 21 years of age or older who sells drugs to a minor. 
     The section also establishes a sentence of mandatory life 
     imprisonment for a second offense.
       Section Ten. Deportation of Criminal Aliens. This section 
     provides for the expedited deportation of non-permanent 
     resident aliens convicted of certain violent felonies upon 
     completion of the prison sentence. The amendment would also 
     allow federal judges to enter deportation orders at the time 
     of sentencing. Once the sentence is served, the criminal is 
     automatically deported.
       This section, originally proposed by Senator Simpson, was 
     included in the Senate-passed crime bill.
       Section Eleven. Flexibility in Application of Mandatory 
     Minimum Sentence Provisions in Certain Circumstances. The 
     Senate-passed crime bill contained a narrowly circumscribed 
     mandatory minimum reform measure that returned a small degree 
     of discretion to the federal courts in the sentencing of 
     truly first-time, non-violent drug offenders. To deviate from 
     the mandatory minimum, the court would have to find that the 
     defendant did not finance the drug sale, did not sell the 
     drugs, and did not act as a leader or organizer.
       This section restores the Senate-passed measure and also 
     adds a section ensuring that the so-called ``safety valve'' 
     will not be abused by the courts. This added improvement 
     requires certification by federal prosecutors that the 
     defendant cooperated with law enforcement authorities.
       Section Twelve. Equitable Distribution of Discretionary 
     Funds. This section expresses the Sense of Congress that all 
     grants authorized under the Violent Crime Control and Law 
     Enforcement Act of 1994 and not required to be distributed 
     according to a formula prescribed by law shall be distributed 
     in a fair and equitable manner that ensures that rural states 
     receive a fair and proportional share of the funds.

  Mr. MITCHELL. Mr. President, I had hoped that the debate on the crime 
bill was a thing of the past now that the Senate has acted. But, in 
light of the comments made by the distinguished Republican leader, I 
feel constrained to reply.
  The first point made and the point repeatedly made during debate on 
the bill was on the level of spending in the bill, popularly called by 
our Republican colleagues pork. But the fact of the matter is, of 
course, that is not the reason why they opposed the bill.
  The fact of the matter is that when the Senate passed the crime bill 
just a few months ago, 42 out of 44 Republican Senators voted for the 
bill even though it had more spending in each of the years that were 
common to the two bills.
  I want to repeat that. Forty-two out of forty-four Republican 
Senators voted for a crime bill that had higher levels of spending, 
more money, than was included in the bill that the Senate passed a few 
weeks ago in those years which were common to the two bills.
  If they are so concerned about spending, why did they all vote for a 
bill that had more money in it in each of the years common to the two 
bills than was in the bill they now criticize? The answer is, of 
course, that is not their concern. That was a made-up excuse at the 
last minute. Everybody knows that. Every Member of the Senate knows 
that. The reasons for their opposition to the bill had nothing to do 
with the spending.
  Second, if their concern was about spending, why did they reject the 
offer that we made which would have permitted a vote on the conference 
report to cut out $5 billion of the spending? We offered to them, even 
though conference reports are not ordinarily amendable, that we would 
permit an amendment to this conference report which would eliminate $5 
billion of the spending, and they rejected the offer. They do not want 
a vote to cut it. They want to talk about voting to cut it.
  Finally, Mr. President, I want to make a prediction. When the grants 
are made for police officers, for prisons, for prevention programs back 
in each of the 50 States under this crime bill, I predict to you that 
our Republican colleagues will be right there in the front of the 
parade, standing there next to the police chief, standing there next to 
the mayor, holding the scissors in their hands to cut the ribbons for 
the very programs which they now deride.
  I made that prediction a year and a half ago when we took up the 
economic stimulus program and Republican Senator after Republican 
Senator got up and denounced the programs in that bill--the community 
development block grants, for one. I predicted that our Republican 
colleagues, after standing here on the Senate floor and denouncing the 
program and the bill, would be out there at home taking credit for the 
grants made under the CDBG program through the regular appropriations 
process.
  And my prediction proved to be accurate. In case after case, our 
colleagues, after standing here and calling the CDBG program pork 
barrel, go back home and say to their constituents, ``Look what I got 
for you.'' They cut the ribbons, they wave to the crowd, they shake 
hands with the mayor, they embrace the police chief to take credit for 
the very things which they stand here and oppose.
  I ask all Americans to check your local television news and check 
your local newspapers when the grants are made under this crime bill. 
You will see right there, banging into the microphones and brushing up 
against the photographers and running down the mayors and the police 
chiefs on the way to get in the front line, our very colleagues who 
spent so much time here opposing the bill.

  But, finally, I want to repeat: Every American should know this has 
nothing to do with the level of spending.
  And I want to repeat this fact over and over and over again: 42 out 
of 44 Republican Senators voted for a crime bill just a few months ago 
that had higher levels of spending in it in each of the years that were 
common to that bill and the bill which passed the Senate a couple of 
weeks ago--higher levels of spending in each of the years that were 
common to that bill and the bill that passed the Senate. And the reason 
this bill that finally passed had more money than the earlier one is 
that it covered more years.
  It is obvious, if you have one bill that covers 5 years and one bill 
that covers 6 years, and the levels of spending are about the same, the 
6-year bill is going to add up to more than the 5-year bill. And, of 
course, that is what happened in this case. And our colleagues seized 
upon that, because they obviously did not want to stand up and 
acknowledge a complete reversal of position as a rationale for 
reversing their position.
  So no American should be fooled by this discussion. The crime bill 
was a good bill. It was a solid bill. I did not agree with every single 
provision. I doubt that any one Senator or any one American would agree 
with every single provision. But, on balance, it will do something for 
this country.
  Most of all, anybody who attended that ceremony this morning could 
not fail to observe and be struck by the fact that there were so many 
obviously police men and women there to celebrate this legislation. And 
police official after police official came up to me and said, ``Thank 
you for what you did for our men and women.''
  The police men and women of this country form a thin blue line 
between a civilized and orderly society and the chaos of the human 
jungle. Every day and every night, thousands of men and women put on a 
blue uniform, pin the police badge on, and go out and risk their lives 
so that the rest of use can have some sense of security.
  When we voted for that crime bill, we voted for those police men and 
women. We said to them, ``We support you. We know that you risk your 
lives every day and night. And we know that when you leave home in the 
morning, your spouse and children don't know if you are going to be 
back that night.''
  Every major police organization in this country supported that crime 
bill enthusiastically, strongly, because they recognize that their men 
and women are at risk in this society. They are exposed to great risk. 
They are underpaid. They are not sufficiently recognized. And we chose 
this one time to say to the police men and women of this country: ``We 
support you. We want to help you. We admire what your are doing.''
  This bill represents something for them. I hope every Member of the 
Senate will recognize that.
  Mr. President, I yield the floor.
                                 ______

      By Mr. KERRY (for himself and Mr. Stevens):
  S. 2432. A bill to authorize appropriations for the National Oceanic 
and Atmospheric Administration for fiscal year 1995, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


 THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT 
                                OF 1994

  Mr. KERRY. Mr. President, I am pleased to join today with Senator 
Stevens to introduce the National Oceanic and Atmospheric 
Administration [NOAA] Authorization Act of 1994. This bill provides a 
1-year authorization for those atmospheric, coastal, ocean, and fishery 
programs and activities conducted by NOAA that are not authorized 
specifically by separate statutes such as the Magnuson Fishery 
Conservation and Management Act or the Coastal Zone Management Act. In 
addition to the authorization of appropriations for NOAA programs, this 
bill also contains several legislative provisions. The most noteworthy 
of these provisions is the mandate for a study of the responsibilities 
and activities of the NOAA Corps in supporting the missions of NOAA.
  Mr. President, NOAA's fundamental mission, stated simply, is to 
``promote global environmental stewardship.'' Such a mission, however, 
is no easy task to achieve. The components of NOAA's mission include: 
First, conservation, protection, and management of the Nation's fishery 
resources, marine mammals, and endangered marine mammals; second, 
protection of the coastal environment including the management of 
developing coastal economies; third, weather forecasting; and four 
reliable science-based predictions of climate and global change. NOAA's 
activities have a direct impact on the Nation's economy whether it is 
coastal zone management or climate assessment for farmers. We also rely 
on NOAA to ensure public safety in the protection of coastal 
communities against hurricanes, and inland communities against 
tornadoes.
  In order to carry out its mission, NOAA identifies three broad 
priorities for fiscal year 1995 in its strategic plan: First, continued 
modernization of the Nation's weather services; second, management of 
our marine resources including maintaining and enhancing coastal 
ecosystems health management; and third, investment in global change 
research. After years of underfunding, the budget submitted for fiscal 
year 1995 finally provides NOAA with the much-needed funding to carry 
out the priorities set forth by the Agency's strategic plan.
  In short, Mr. President, this bill authorizes funding for NOAA's 
atmospheric responsibilities such as the continuation of weather 
service modernization, satellite observing systems, and climate and air 
quality research, and the Agency's oceanic responsibilities such as 
mapping, charting, geodesy activities, undersea research activities, 
and fishery programs. Funding also is authorized for necessary program 
support including construction, operation, and maintenance of 
facilities, and operations and maintenance of NOAA's ships and 
aircraft.
  NOAA's programs meet many critical environmental and economic needs 
of this country. I urge my colleagues to support the reauthorization of 
these vital NOAA programs, and to join Senator Stevens and me, and the 
entire Commerce Committee in moving this legislation to enactment.
  Mr. STEVENS. Mr. President, I am pleased to cosponsor this bill with 
Senator Kerry to authorize important National Oceanic and Atmospheric 
Administration [NOAA] programs for fiscal year 1995.
  NOAA's activities are vital to the people of Alaska.
  From the information provided by the National Weather Service, to the 
fishery management efforts of the National Marine Fisheries Service, to 
the charts provided by the National Ocean Service, Alaskans depend 
heavily on the services provided by the agencies within NOAA.
  In addition to authorizing the broad programs within NOAA, the bill 
we are introducing today also authorizes two specific projects 
important to Alaska.
  The bill would authorize the Secretary to acquire and install a new 
weather buoy and three new weather stations in Prince William Sound, 
AK.
  Currently, much of the weather information in Prince William Sound is 
provided by private vessels operating in the sound.
  Much of the time, captains and skippers cannot find out what the 
weather is like in the sound until they are out in it.
  The equipment our bill authorizes would dramatically improve the 
real-time weather information available to fishermen and to tank 
vessels operating in Prince William Sound.
  It will prevent the loss of life as well as the potential for 
oilspills.
  I would like to thank the Prince William Sound Regional Citizen's 
Advisory Council for its help in making the need for the new stations 
known.

  The bill also includes language to authorize the Secretary of 
Commerce to clean up sites and facilities abandoned or conveyed by the 
Federal Government on the Pribilof Islands.
  This property, formerly used by NOAA, contains dump sites, debris, 
storage tanks, and other hazardous conditions and contaminants, many of 
which pose risks to public health and to the vast bird and wildlife 
concentrations on the Pribilofs.
  The provision will help to make the cleanup of the Pribilofs the 
priority that it should be.
  It authorizes the Secretary to contract with, and to provide 
financial and technical assistance and training to the State of Alaska 
and to local entities in order to obtain their services for the 
cleanup.
  This should help speed up the completion of NOAA's cleanup 
responsibilities on the Pribilofs.
  Our bill would also require the Secretary to contract with local 
entities to the maximum extent feasible.
  The agency can save considerable money by hiring local workers rather 
than flying in outside workers and paying expensive transportation and 
housing expenses in these remote islands.
  I would like to thank Senator Kerry for his work on this bill.
  We hope that our colleagues will support the reauthorization of the 
important NOAA programs in our bill, and that we can pass the bill into 
law before the 103d Congress adjourns.
                                 ______

      By Mr. KENNEDY (for himself and Mrs. Kassebaum):
  S. 2433. A bill to amend title VIII of the Public Health Service Act 
to consolidate and reauthorize nursing education programs under such 
title, and for other purposes; to the Committee on Labor and Human 
Resources.


  the nursing education consolidation and reauthorization act of 1994

  Mr. KENNEDY. Mr. President, today, I am introducing the Nursing 
Education Consolidation and Reauthorization Act of 1994. This 
legislation reauthorizes several vital nursing education and training 
programs.
  In the half century since the Federal nursing scholarship program 
began in 1943, Federal support for nursing education has made a 
continuing contribution to the Nation's supply of professionally 
trained nurses and the enhancement of the nursing profession.
  The Nursing Training Act of 1964 authorized support for nursing 
schools and students. The support included grants for construction of 
new nursing education facilities or renovating existing facilities; 
project grants to strengthen, improve, or expand nursing education 
programs, and student scholarships, loans, and loan repayment programs.
  In 1983, a report by the Institute of Medicine urged greater 
attention to recruitment, retention, career mobility, and educational 
outreach to alleviate the maldistribution of nurses. It also urged 
advanced training in clinical specialties and primary health care.
  In the 1990 report by the Health Resources and Services 
Administration, the States identified the top two major problem areas 
in health personnel as the shortage of registered nurses and the 
shortage of primary care practitioners. There were 49 States that had a 
shortage of registered nurses, 22 States had an inadequate supply of 
nurse practitioners, and almost a third of the States reported a 
shortage of nurse midwives.
  One of the main objectives of health reform is to place greater 
emphasis on primary care and prevention. Nurses will play an 
increasingly important role as health providers under all of the reform 
proposals that Congress is considering.
  A major source of primary care for medically underserved and rural 
communities is nurse practitioners and certified nurse midwives. Many 
hospitals rely solely on nurses for anesthesia services. In fact, they 
are the only providers of these services in 85 percent of rural 
hospitals. Without their presence important surgical procedures must 
often be postponed. Clearly, we need to train more advanced practice 
nurses, and we need to train them in shorter periods of time.
  In light of the growing role of nurses in providing quality health 
care services, Congress has consistently sought to alleviate the 
shortage of nurses through the Nursing Training Act.
  This legislation will assure attention to high-priority national 
nursing needs, while allowing flexibility to pursue special initiatives 
to meet new requirements for nursing services. The multiple existing 
grant and contract authorities would be consolidated under three 
headings to achieve this flexibility.
  Funds can be used for development and support of training programs, 
faculty development, model demonstrations, and scholarship and loan 
assistance. The bill authorizes $67 million for fiscal year 1995 and 
such sums as may be necessary for the next 2 years.
  Investment in nursing education will pay off many times in the 
availability of better health care, and the delivery of a wide range of 
health care services. I look forward to working with Congress and the 
administration to enact this legislation.
  I ask unanimous consent that the full text of the legislation may be 
placed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2433

       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 ``Nursing Education 
     Consolidation and Reauthorization Act of 1994''.

     SEC. 2. PURPOSE.

       It is the purpose of this Act restructure the nurse 
     education authorities of title VIII of the Public Health 
     Service Act to permit a comprehensive, flexible, and 
     effective approach to Federal support for nursing workforce 
     development.

     SEC. 3. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT.

       Title VIII of the Public Health Service Act (42 U.S.C. 296k 
     et seq.) is amended--
       (1) by striking the title heading and all that follows 
     except for subparts II and III of part B and section 855; and 
     inserting the following:
             ``TITLE VIII--NURSING WORKFORCE DEVELOPMENT'';
       (2) in subpart II of part B, by striking the subpart 
     heading and inserting the following:

                        ``PART E--STUDENT LOANS

                    ``Subpart I--General Program'';

       (3) by redesignating subpart III as subpart II;
       (4) by striking section 837;
       (5) in section 846, by striking subsection (d) and 
     inserting the following new subsection:
       ``(d) Breach of Agreements for Obligated Service.--
       ``(1) In general.--In the case of any program under this 
     section under which an individual makes an agreement to 
     provide health services for a period of time in accordance 
     with such program in consideration of receiving an award of 
     Federal funds regarding education as a nurse (including an 
     award for the repayment of loans), the following applies if 
     the agreement provides that this subsection is applicable:
       ``(A) In the case of a program under this section that 
     makes an award of Federal funds for attending an accredited 
     program of nursing (in this subsection referred to as a 
     `nursing program'), the individual is liable to the Federal 
     Government for the amount of such award (including amounts 
     provided for expenses related to such attendance), and for 
     interest on such amount at the maximum legal prevailing rate, 
     if the individual--
       ``(i) fails to maintain an acceptable level of academic 
     standing in the nursing program (as indicated by the program 
     in accordance with requirements established by the 
     Secretary);
       ``(ii) is dismissed from the nursing program for 
     disciplinary reasons; or
       ``(iii) voluntarily terminates the nursing program.
       ``(B) The individual is liable to the Federal Government 
     for the amount of such award (including amounts provided for 
     expenses related to such attendance), and for interest on 
     such amount at the maximum legal prevailing rate, if the 
     individual fails to provide health services in accordance 
     with the program under this section for the period of time 
     applicable under the program.
       ``(2) Waiver or suspension of liability.--In the case of an 
     individual or health facility making an agreement for 
     purposes of paragraph (1), the Secretary shall provide for 
     the waiver or suspension of liability under such paragraph if 
     compliance by the individual or the health facility, as the 
     case may be, with the agreements involved is impossible, or 
     would involve extreme hardship to the individual or facility, 
     and if enforcement of the agreements with respect to the 
     individual or facility would be unconscionable.
       ``(3) Date certain for recovery.--Subject to paragraph (2), 
     any amount that the Federal Government is entitled to recover 
     under paragraph (1) shall be paid to the United States not 
     later than the expiration of the 3-year period beginning on 
     the date the United States becomes so entitled.
       ``(4) Availability.--Amounts recovered under paragraph (1) 
     with respect to a program under this section shall be 
     available for the purposes of such program, and shall remain 
     available for such purposes until expended.'';
       (6) by inserting after the title heading the following new 
     parts:

                      ``PART A--GENERAL PROVISIONS

     ``SEC. 801. DEFINITIONS.

       ``As used in this title:
       ``(1) Eligible entities.--The term `eligible entities' 
     means schools of nursing, nursing centers, State or local 
     governments, and other public or nonprofit private entities 
     determined appropriate by the Secretary that submit to the 
     Secretary an application in accordance with section 802.
       ``(2) School of nursing.--The term `school of nursing' 
     means a collegiate, associate degree, or diploma school of 
     nursing in a State.
       ``(3) Collegiate school of nursing.--The term `collegiate 
     school of nursing' means a department, division, or other 
     administrative unit in a college or university which provides 
     primarily or exclusively a program of education in 
     professional nursing and related subjects leading to the 
     degree of bachelor of arts, bachelor of science, bachelor of 
     nursing, or to an equivalent degree, or to a graduate degree 
     in nursing, and including advanced training related to such 
     program of education provided by such school, but only if 
     such program, or such unit, college or university is 
     accredited.
       ``(4) Associate degree school of nursing.--The term 
     `associate degree school of nursing' means a department, 
     division, or other administrative unit in a junior college, 
     community college, college, or university which provides 
     primarily or exclusively a two-year program of education in 
     professional nursing and allied subjects leading to an 
     associate degree in nursing or to an equivalent degree, but 
     only if such program, or such unit, college, or university is 
     accredited.
       ``(5) Diploma school of nursing.--The term `diploma school 
     of nursing' means a school affiliated with a hospital or 
     university, or an independent school, which provides 
     primarily or exclusively a program of education in 
     professional nursing and allied subjects leading to a diploma 
     or to equivalent indicia that such program has been 
     satisfactorily completed, but only if such program, or such 
     affiliated school or such hospital or university or such 
     independent school is accredited.
       ``(6) Accredited.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `accredited' when applied to any program of nurse 
     education means a program accredited by a recognized body or 
     bodies, or by a State agency, approved for such purpose by 
     the Secretary of Education and when applied to a hospital, 
     school, college, or university (or a unit thereof) means a 
     hospital, school, college, or university (or a unit thereof) 
     which is accredited by a recognized body or bodies, or by a 
     State agency, approved for such purpose by the Secretary of 
     Education. For the purpose of this paragraph, the Secretary 
     of Education shall publish a list of recognized accrediting 
     bodies, and of State agencies, which the Secretary of 
     Education determines to be reliable authority as to the 
     quality of education offered.
       ``(B) New programs.--A new school of nursing that, by 
     reason of an insufficient period of operation, is not, at the 
     time of the submission of an application for a grant or 
     contract under this title, eligible for accreditation by such 
     a recognized body or bodies or State agency, shall be deemed 
     accredited for purposes of this title if the Secretary of 
     Education finds, after consultation with the appropriate 
     accreditation body or bodies, that there is reasonable 
     assurance that the school will meet the accreditation 
     standards of such body or bodies prior to the beginning of 
     the academic year following the normal graduation date of 
     students of the first entering class in such school.
       ``(7) Nonprofit.--The term `nonprofit' as applied to any 
     school, agency, organization, or institution means one which 
     is a corporation or association, or is owned and operated by 
     one or more corporations or associations, no part of the net 
     earnings of which inures, or may lawfully inure, to the 
     benefit of any private shareholder or individual.
       ``(8) State.--The term `State' means a State, the 
     Commonwealth of Puerto Rico, the District of Columbia, the 
     Commonwealth of the Northern Mariana Islands, Guam, American 
     Samoa, the Virgin Islands, or the Trust Territory of the 
     Pacific Islands.

     ``SEC. 802. APPLICATION.

       ``(a) In General.--To be eligible to receive a grant or 
     contract under this title, an eligible entity shall prepare 
     and submit to the Secretary an application that meets the 
     requirements of this section, at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(b) Plan.--An application submitted under this section 
     shall contain the plan of the applicant for carrying out a 
     project with amounts received under this title. Such plan 
     shall be consistent with relevant Federal, State, or regional 
     program plans.
       ``(c) Performance outcome standards.--An application 
     submitted under this section shall contain a specification by 
     the applicant entity of performance outcome standards that 
     the project to be funded under the grant or contract will be 
     measured against. Such standards shall address relevant 
     national nursing needs that the project will meet. The 
     recipient of a grant or contract under this section shall 
     meet the standards set forth in the grant or contract 
     application.
       ``(d) Linkages.--An application submitted under this 
     section shall contain a description of the linkages with 
     relevant educational and health care entities, including 
     training programs for other health professionals as 
     appropriate, that the project to be funded under the grant or 
     contract will establish.

     ``SEC. 803. USE OF FUNDS.

       ``(a) In General.--Amounts provided under a grant or 
     contract awarded under this title may be used for training 
     program development and support, faculty development, model 
     demonstrations, trainee support including tuition, books, 
     program fees and reasonable living expenses during the period 
     of training, technical assistance, workforce analysis, and 
     dissemination of information, as appropriate to meet 
     recognized nursing objectives, in accordance with this title.
       ``(b) Maintenance of Effort.--With respect to activities 
     for which a grant awarded under this title is to be expended, 
     the entity shall agree to maintain expenditures of non-
     Federal amounts for such activities at a level that is not 
     less than the level of such expenditures maintained by the 
     entity for the fiscal year preceding the fiscal year for 
     which the entity receives such a grant.

     ``SEC. 804. MATCHING REQUIREMENT.

       ``The Secretary may require that an entity that applies for 
     a grant or contract under this title provide non-Federal 
     matching funds, as appropriate, to ensure the institutional 
     commitment of the entity to the projects funded under the 
     grant. Such non-Federal matching funds may be provided 
     directly or through donations from public or private entities 
     and may be in cash or in-kind, fairly evaluated, including 
     plant, equipment, or services.

     ``SEC. 805. PREFERENCE.

       ``In awarding grants or contracts under this title, the 
     Secretary shall give preference to applicants with projects 
     that will substantially benefit rural or underserved 
     populations.

     ``SEC. 806. GENERALLY APPLICABLE PROVISIONS.

       ``(a) Awarding of Grants and Contracts.--The Secretary 
     shall ensure that grants and contracts under this title are 
     awarded on a competitive basis to carry out innovative 
     demonstration projects or provide for strategic workforce 
     supplementation activities as needed to meet national nursing 
     service goals and in accordance with this title.
       ``(b) Information Requirements.--Recipients of grants and 
     contracts under this title shall meet information 
     requirements as specified by the Secretary.
       ``(c) Training Programs.--Training programs conducted with 
     amounts received under this title shall meet applicable 
     accreditation and quality standards.
       ``(d) Duration of Assistance.--
       ``(1) In general.--Subject to paragraph (2), in the case of 
     an award to an entity of a grant, cooperative agreement, or 
     contract under this title, the period during which payments 
     are made to the entity under the award may not exceed 5 
     years. The provision of payments under the award shall be 
     subject to annual approval by the Secretary of the payments 
     and subject to the availability of appropriations for the 
     fiscal year involved to make the payments. This paragraph may 
     not be construed as limiting the number of awards under the 
     program involved that may be made to the entity.
       ``(2) Limitation.--In the case of an award to an entity of 
     a grant, cooperative agreement, or contract under this title, 
     paragraph (1) shall apply only to the extent not inconsistent 
     with any other provision of this title that relates to the 
     period during which payments may be made under the award.
       ``(e) Peer Review Regarding Certain Programs.--Each 
     application for a grant under this title, except advanced 
     nurse traineeship grants under section 811(e), shall be 
     submitted to a peer review group for an evaluation of the 
     merits of the proposals made in the application. The 
     Secretary may not approve such an application unless a peer 
     review group has recommended the application for approval. 
     Each peer review group under this subsection shall be 
     composed principally of individuals who are not officers or 
     employees of the Federal Government. This subsection shall be 
     carried out by the Secretary acting through the Administrator 
     of the Health Resources and Services Administration.

     ``SEC. 807. NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND 
                   PRACTICE.

       ``(a) Establishment.--There is hereby established a 
     National Advisory Council on Nurse Education and Practice (in 
     this section referred to as the `Council'), consisting of the 
     Secretary or the delegate of the Secretary (who shall be an 
     ex officio member and shall serve as the Chairperson), and 15 
     members appointed by the Secretary without regard to the 
     Federal civil service laws, of which--
       ``(1) 2 shall be selected from full-time students enrolled 
     in schools of nursing;
       ``(2) 3 shall be selected from the general public;
       ``(3) 2 shall be selected from practicing professional 
     nurses; and
       ``(4) 8 shall be selected from among the leading 
     authorities in the various fields of nursing, higher, and 
     secondary education, and from representatives of hospitals 
     and other institutions and organizations which provide 
     nursing services.

     A majority of the members shall be nurses. The student-
     members of the Council shall be appointed for terms of one 
     year and shall be eligible for reappointment to the Council.
       ``(b) Duties.--The Council shall advise the Secretary in 
     the preparation of general regulations and with respect to 
     policy matters arising in the administration of this title, 
     including the range of issues relating to nurse supply, 
     education and practice improvement.
       ``(c) Funding.--Amounts appropriated under this title may 
     be utilized by the Secretary to support the nurse education 
     and practice activities of the Council.

     ``SEC. 809. TECHNICAL ASSISTANCE.

       ``Funds appropriated under this title may be used by the 
     Secretary to provide technical assistance in relation to any 
     of the authorities under this title.

     ``SEC. 810. RECOVERY FOR CONSTRUCTION ASSISTANCE.

       ``(a) In General.--If at any time within 20 years (or 
     within such shorter period as the Secretary may prescribe by 
     regulation for an interim facility) after the completion of 
     construction of a facility with respect to which funds have 
     been paid under subpart I of part A (as such subpart was in 
     effect on September 30, 1985)--
       ``(1) the owner of the facility ceases to be a public or 
     nonprofit school,
       ``(2) the facility ceases to be used for the training 
     purposes for which it was constructed, or
       ``(3) the facility is used for sectarian instruction or as 
     a place for religious worship,
     the United States shall be entitled to recover from the owner 
     of the facility the base amount prescribed by subsection 
     (c)(1) plus the interest (if any) prescribed by subsection 
     (c)(2).
       ``(b) Notice of Change in Status.--The owner of a facility 
     which ceases to be a public or nonprofit school as described 
     in paragraph (1) of subsection (a), or the owner of a 
     facility the use of which changes as described in paragraph 
     (2) or (3) of such subsection shall provide the Secretary 
     written notice of such cessation or change of use within 10 
     days after the date on which such cessation or change of use 
     occurs or within 30 days after the date of enactment of the 
     Health Professions Training Assistance Act of 1985, whichever 
     is later.
       ``(c) Amount of Recovery.--
       ``(1) Base amount.--The base amount that the United States 
     is entitled to recover under subsection (a) is the amount 
     bearing the same ratio to the then value (as determined by 
     the agreement of the parties or in an action brought in the 
     district court of the United States for the district in which 
     the facility is situated) of the facility as the amount of 
     the Federal participation bore to the cost of the 
     construction.
       ``(2) Interest.--
       ``(A) In general.--The interest that the United States is 
     entitled to recover under subsection (a) is the interest for 
     the period (if any) described in subparagraph (B) at a rate 
     (determined by the Secretary) based on the average of the 
     bond equivalent rates of 91-day Treasury bills auctioned 
     during such period.
       ``(B) Time period.--The period referred to in subparagraph 
     (A) is the period beginning--
       ``(i) if notice is provided as prescribed by subsection 
     (b), 191 days after the date on which the owner of the 
     facility ceases to be a public or nonprofit school as 
     described in paragraph (1) of subsection (a), or 191 days 
     after the date on which the use of the facility changes as 
     described in paragraph (2) or (3) of such subsection, or
       ``(ii) if notice is not provided as prescribed by 
     subsection (b), 11 days after the date on which such 
     cessation or change of use occurs,

     and ending on the date the amount the United States is 
     entitled to recover if collected.
       ``(d) Waiver of Rights.--The Secretary may waive the 
     recovery rights of the United States under subsection (a)(2) 
     with respect to a facility (under such conditions as the 
     Secretary may establish by regulation) if the Secretary 
     determines that there is good cause for waiving such rights.
       ``(e) Limitation on Liens.--The right of recovery of the 
     United States under subsection (a) shall not, prior to 
     judgment, constitute a lien on any facility.

   ``PART B--NURSE PRACTITIONERS, NURSE MIDWIVES, AND OTHER ADVANCED 
                            PRACTICE NURSES

     ``SEC. 811. ADVANCED PRACTICE NURSING GRANTS.

       ``(a) In General.--The Secretary may award grants to and 
     enter into contracts with eligible entities to meet the costs 
     of--
       ``(1) projects that support the enhancement of advanced 
     practice nursing education; and
       ``(2) traineeships for individuals in advanced practice 
     nursing programs.
       ``(b) Definition of Advanced Practice Nurses.--For purposes 
     of this section, the term `advanced practice nurses' means 
     individuals trained in advanced degree programs, post-nursing 
     master's certificate programs, or, in the case of nurse 
     midwives or nurse anesthetists, in certificate programs that 
     received funding under this title on the date that is one day 
     prior to the date of enactment of this section, to serve as 
     nurse practitioners, nurse midwives, nurse anesthetists, 
     nurse educators, or public health nurses, or in other nurse 
     specialties determined by the secretary to require advanced 
     education.
       ``(c) Authorized Nurse Practitioner and Nurse-Midwifery 
     Programs.--
       ``(1) In general.--Nurse practitioner and nurse midwifery 
     programs eligible for support under this section are 
     educational programs for registered nurses (irrespective of 
     the type of school of nursing in which the nurses received 
     their training) that--
       ``(A) meet guidelines prescribed by the Secretary in 
     accordance with paragraph (2); and
       ``(B) have as their objective the education of nurses who 
     will upon completion of their studies in such programs, be 
     qualified to effectively provide primary health care, 
     including primary health care in homes and in ambulatory care 
     facilities, long-term care facilities and other health care 
     institutions.
       ``(2) Guidelines.--After consultation with appropriate 
     educational organizations and professional nursing and 
     medical organizations, the Secretary shall prescribe 
     guidelines for programs described in paragraph (1). Such 
     guidelines shall, as a minimum, require that such a program--
       ``(A) extend for at least one academic year and consist 
     of--
       ``(i) supervised clinical practice directed toward 
     preparing nurses to deliver primary health care; and
       ``(ii) at least four months (in the aggregate) of classroom 
     instruction that is so directed; and
       ``(B) have an enrollment of not less than six full-time 
     equivalent students.
       ``(d) Other Authorized Educational Programs.--The Secretary 
     shall prescribe guidelines as appropriate for other advanced 
     practice nurse education programs eligible for support under 
     this section.
       ``(e) Traineeships.--
       ``(1) In general.--The Secretary may not award a grant to 
     an applicant under subsection (a) unless the applicant 
     involved agrees that traineeships provided with the grant 
     will pay all or part of the costs of--
       ``(A) the tuition, books, and fees of the program of 
     advanced nursing practice with respect to which the 
     traineeship is provided; and
       ``(B) the reasonable living expenses of the individual 
     during the period for which the traineeship is provided.
       ``(2) Doctoral programs.--The Secretary may not obligate 
     more than 10 percent of the traineeships under subsection (a) 
     for individuals in doctorate degree programs.
       ``(3) Special consideration.--In making awards of grants 
     and contracts under subsection (a)(2), the Secretary shall 
     give special consideration to an eligible entity that agrees 
     to expend the award to train advanced practice nurses who 
     will practice in health professional shortage areas 
     designated under section 332.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section, $50,000,000 for fiscal year 1995, 
     and such sums as may be necessary for each of the fiscal 
     years 1996 and 1997.
       ``(2) Set asides.--Of the amount appropriated under 
     paragraph (1) for a fiscal year--
       ``(A) not less than 60 percent of such amount shall be made 
     available for projects to enhance the training and practice 
     of nurse practitioners and nurse midwives; and
       ``(B) not less than 6 percent of such amounts shall be made 
     available for projects to enhance the training and practice 
     of nurse anesthetists.

            ``PART C--INCREASING NURSING WORKFORCE DIVERSITY

     ``SEC. 821. WORKFORCE DIVERSITY GRANTS.

       ``(a) In General.--The Secretary may award grants to and 
     enter into contracts with eligible entities to meet the costs 
     of special projects to increase nursing education 
     opportunities for individuals who are from disadvantaged 
     racial and ethnic backgrounds underrepresented among 
     registered nurses by providing student scholarships or 
     stipends, pre-entry preparation, and retention activities.
       ``(b) Guidance.--In carrying out subsection (a), the 
     Secretary shall take into consideration the recommendations 
     of the First and Second Invitational Congresses for Minority 
     Nurse Leaders on `Caring for the Emerging Majority,' in 1992 
     and 1993, and consult with nursing associations including the 
     American Nurses Association, the National League of Nursing, 
     the Association of American Colleges of Nursing, and the 
     Black Nurses Association.
       ``(c) Required Information and Conditions for Award 
     Recipients.--
       ``(1) In general.--Recipients of awards under this section 
     may be required, where requested, to report to the Secretary 
     concerning the annual admission, retention, and graduation 
     rates for ethnic and racial minorities in the school or 
     schools involved in the projects.
       ``(2) Falling rates.--If any of the rates reported under 
     paragraph (1) fall below the average of the two previous 
     years, the grant or contract recipient shall provide the 
     Secretary with plans for immediately improving such rates.
       ``(3) Ineligibility.--A recipient described in paragraph 
     (2) shall be ineligible for continued funding under this 
     section if the plan of the recipient fails to improve the 
     rates within the 1-year period beginning on the date such 
     plan is implemented.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $5,000,000 for fiscal year 1995, and such sums as may be 
     necessary for each of the fiscal years 1996 and 1997.

``PART D--STRENGTHENING CAPACITY FOR BASIC NURSE EDUCATION AND PRACTICE

     ``SEC. 831. BASIC NURSE EDUCATION AND PRACTICE GRANTS.

       ``(a) In General.--The Secretary may award grants to and 
     enter into contracts with eligible entities for projects to 
     strengthen capacity for basic nurse education and practice.
       ``(b) Priority Areas.--In awarding grants or contracts 
     under this section the Secretary shall give priority to 
     entities that will use amounts provided under such a grant or 
     contract to enhance the education mix and utilization of the 
     basic nursing workforce by strengthening programs that 
     provide basic nurse education for purposes of--
       ``(1) improving nursing services in schools and other 
     community settings;
       ``(2) providing care for underserved populations and other 
     high-risk groups such as the elderly, individuals with HIV-
     AIDS, substance abusers, homeless, and battered women;
       ``(3) providing case management, quality improvement, 
     delegation and supervision, other skills needed under new 
     health care systems;
       ``(4) developing cultural competencies among nurses;
       ``(5) providing emergency health services;
       ``(6) promoting career mobility for nursing personnel in a 
     variety of training settings cross training or specialty 
     training, and among diverse population groups; or
       ``(7) other priority areas as determined by the Secretary.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     $12,000,000 for fiscal year 1995, and such sums as may be 
     necessary for each of the fiscal years 1996 and 1997.''; and
       (8) by redesignating section 855 as section 808, and 
     transferring such section so as to appear after section 807 
     (as added by the amendment made by paragraph (7)).

     SEC. 4. SAVINGS PROVISION AND TECHNICAL AMENDMENTS.

       (a) Savings Provision.--In the case of any authority for 
     making awards of grants or contracts that is terminated by 
     the amendment made by section 3, the Secretary of Health and 
     Human Services may, notwithstanding the termination of the 
     authority, continue in effect any grant or contract made 
     under the authority that is in effect on the day before the 
     date of the enactment of this Act, subject to the duration of 
     any such grant or contract not exceeding the period 
     determined by the Secretary in first approving such financial 
     assistance, or in approving the most recent request made 
     (before the date of such enactment) for continuation of such 
     assistance, as the case may be.
       (b) Clinical Researchers.--Paragraph (3) of section 487E(a) 
     of the Public Health Service Act (42 U.S.C. 288-5(a)(3)) is 
     amended to read as follows:
       ``(3) Applicability of certain provisions regarding 
     obligated service.--With respect to the National Health 
     Service Corps loan repayment program established in subpart 
     III of part D of title III, the provisions of such subpart 
     shall, except as inconsistent with this section, apply to the 
     program established in subsection (a) in the same manner and 
     to the same extent as such provisions apply to the National 
     Health Service Corps loan repayment programs.''.
       (c) Technical Amendments.--Section 839 of such Act (42 
     U.S.C. 297e) is amended--
       (1) in subsection (a)--
       (A) by striking the matter preceding paragraph (1) and 
     inserting the following:
       ``(a) If a school terminates a loan fund established under 
     an agreement pursuant to section 835(b), or if the Secretary 
     for good cause terminates the agreement with the school, 
     there shall be a capital distribution as follows:''; and
       (B) in paragraph (1), by striking ``at the close of 
     September 30, 1999,'' and inserting ``on the date of 
     termination of the fund''; and
       (2) in subsection (b), to read as follows:
       ``(b) If a capital distribution is made under subsection 
     (a), the school involved shall, after such capital 
     distribution, pay to the Secretary, not less often than 
     quarterly, the same proportionate share of amounts received 
     by the school in payment of principal or interest on loans 
     made from the loan fund established under section 835(b) as 
     determined by the Secretary under subsection (a).''.

     SEC. 5. EFFECTIVE DATE.

       This Act shall take effect on October 1, 1994, or the date 
     of enactment of this Act, whichever is later.
                                 ______

      By Mr. LEVIN:
  S. 2435. A bill to amend title 28, United States Code, regarding 
appointment of an independent counsel; to the Committee on Governmental 
Affairs.


         INDEPENDENT COUNSEL APPOINTMENT AMENDMENT ACT OF 1994

 Mr. LEVIN. Mr. President, on August 5, 1994, the division of 
the court of appeals which appoints independent counsels selected 
Kenneth Starr to assume control of the Madison Guaranty investigation. 
Questions immediately arose about Mr. Starr's recent partisan political 
activity and whether because of it, he lacked the necessary appearance 
of independence to handle this matter.
  Mr. Starr has recently participated in and cochaired a highly 
partisan Republican congressional campaign in Virginia. He had also 
recently participated in a televised debate on the Paula Jones lawsuit, 
one of the most politically charged cases in recent memory.
  In 15 years of operation of the law, no independent counsel 
appointment has evoked such public skepticism and concern. Ironically, 
the court had decided against retaining Robert Fiske, the regulatory 
independent counsel who, by necessity, has been appointed by the 
Attorney General, because it wanted to ensure, as the court put it, 
``an apparent as well as an actual independence on the part of the 
counsel.''
  On August 12, I wrote the court asking it to apply the same standard 
to Mr. Starr that it had applied to Mr. Fiske by obtaining a complete 
accounting of Mr. Starr's recent partisan political activities and 
issuing a supplemental opinion determining whether these activities 
impaired the appearance of independence critical to public confidence 
in the independent counsel process. By formal order, the court 
responded on August 18 that, because the appointment had already been 
made, the court has no authority to request additional information from 
Mr. Starr or to address the appearance issue.
  I believe the court chose an excessively narrow reading of its 
appointment authority. In so doing, it has not only left unanswered the 
appearance problem of Mr. Starr, but also raised questions about the 
scope of its authority to reconsider its appointments in light of new 
and important information.
  Because the law does not spell out how an appeal of a court ruling in 
this area may proceed, legal research was needed to determine the 
feasibility of filing an appeal to the Supreme Court. A review of the 
relevant case law suggests, however, that it is highly unlikely that, 
as a Member of Congress, I have the necessary legal standing to bring 
such an appeal. Moreover, the question of standing would require months 
of litigation to resolve, and the pending proceedings could possibly 
placed a cloud on Mr. Starr's authority to operate. For these reasons, 
I have decided not to appeal the court's August 18 order.
  An alternative to prevent similar problems in the future is to make 
explicit in the independent counsel law what has been implicit until 
now--that the court has the obligation to select a person to serve as 
independent counsel who has no actual or apparent personal, financial, 
or political conflict of interest. That is the purpose of the 
legislation I am introducing today. A similar bill has been introduced 
by Congressman John Bryant in the House. It is my hope that such a 
statutory clarification of the court's legal obligation in the 
appointment process will receive bipartisan support.
  I ask unanimous consent that the text of the bill be printed in the 
Record following my remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2435

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

     SECTION 1. CONFLICT OF INTEREST.

       Section 593(b)(2) of title 28, United States Code, is 
     amended by inserting after the second sentence the following: 
     ``The division of the court shall appoint as independent 
     counsel an individual who is without an actual or apparent 
     personal, financial, or political conflict of 
     interest.''.

                          ____________________