[Congressional Record Volume 141, Number 25 (Wednesday, February 8, 1995)]
[House]
[Page H1465]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


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

                                H.R. 667

                         Offered By: Mr. Berman

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

                         Offered By: Mr. Berman

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

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

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

                         Offered By: Mr. Berman

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

                                H.R. 667

                         Offered By: Mr. Berman

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

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

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

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

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

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

                   Offered By: Mr. Burton of Indiana

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

                                H.R. 667

                   Offered By: Mr. Canady of Florida

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

                                H.R. 667

                   Offered By: Mr. Canady of Florida

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

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

                        Offered By: Mr. Chapman

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

     SEC. 2. CONDITION FOR GRANTS.

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

                                H.R. 667

                        Offered By: Mr. Chapman

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

                                H.R. 667

                        Offered By: Mr. Chapman

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

                        Offered By: Mr. Chapman

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

                        Offered By: Mr. Doggett

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

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

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

                                H.R. 667

                        Offered By: Mr. Schumer

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

                                H.R. 667

                        Offered By: Mr. Schumer

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

                  TITLE I--PRISON BLOCK GRANT PROGRAM

     SEC. 101. LOCAL CONTROL PRISON GRANT PROGRAM.

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

                   ``Subtitle A--Prison Block Grants

     ``SEC. 201. PAYMENTS TO STATE GOVERNMENTS.

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

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

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

     ``SEC. 203. QUALIFICATION FOR PAYMENT.

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

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

     ``SEC. 205. UTILIZATION OF PRIVATE SECTOR.

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

     ``SEC. 206. PUBLIC PARTICIPATION.

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

     ``SEC. 207. ADMINISTRATIVE PROVISIONS.

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

                       Offered By: Mr. Traficant

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

                                H.R. 667

                        Offered By: Mr. Volkmer

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

     ``SEC. 501. GRANTS AUTHORIZED.

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

     SEC. 502. LIMITATIONS OF FUNDS.

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

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

                                H.R. 667

                         Offered By: Mr. Weller

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

                         Offered By: Mr. Wyden

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

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

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

                         Offered By: Mr. Zimmer

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

                       TITLE  --PRISON CONDITIONS

     SEC.  . PRISON CONDITIONS.

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

     SEC.    . ANNUAL REPORT.

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

                      Offered By: Ms. Jackson Lee

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

                                H.R. 728

                      Offerred By: Ms. Jackson Lee

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

                                H.R. 729

                  Offered By: Mr. Fields of Louisiana

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


             (Legislative day of Monday, January 30, 1995)