[Congressional Record Volume 141, Number 26 (Thursday, February 9, 1995)]
[House]
[Page H1557]
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. Burton of Indiana

       Amendment No. 31: Page 7, line 18, 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. LaTourette

       Amendment No. 32: Page 2, line 20, after ``aliens'' insert 
     ``and for the establishment of community-based correction 
     programs''.
       Page 10, after line 10, insert the following (and 
     redesignate any subsequent paragraphs accordingly):
       ``(3) community-based correction programs means electronic 
     monitoring of nonviolent misdemeanants and intensive or 
     enhanced probation supervision for nonviolent felons.''
                                H.R. 667
                         Offered By: Mr. Scott

       Amendment No. 33: Add at the end the following:

      TITLE V--REPORTING OF DEATHS OF PERSONS IN CUSTODY IN JAILS

     SEC. 501. REPORTING OF DEATHS OF PERSONS IN CUSTODY IN JAILS.

       (A) In General.--In order to provide information needed to 
     determine whether possible Federal civil rights violations 
     have occurred, the Attorney General shall, in such form and 
     manner as the Attorney General determines, and under such 
     regulations as the Attorney General shall prescribe, require 
     that the appropriate public authorities report promptly to 
     the Attorney General the death of each individual who dies in 
     custody while in a municipal or county jail, State prison, or 
     other similar place of confinement. Each such report shall 
     include the cause of death and all other facts relevant to 
     the death reported, which the person so reporting shall have 
     the duty to make a good faith effort to ascertain.
       (b) Annual Report.--The Attorney General shall annually 
     publish a report containing--
       (1) the number of deaths in each institution for which a 
     report was filed during the relevant reporting period;
       (2) the cause of death and time of death for each death so 
     reported; and
       (3) such other information about the death as the Attorney 
     General deems relevant.

                                H.R. 667

                         Offered By: Mr. Scott

       Amendment No. 34: Page 2, strike line 4 and all that 
     follows through the matter preceding line 1, page 12 and 
     insert the following:

                     TITLE I--PRISON GRANT PROGRAM

     SEC. 1. GRANT PROGRAM.

       Title V of the Violent Crime Control and Law Enforcement 
     Act of 1994 is amended to read as follows:

                        ``TITLE V--PRISON GRANTS

     ``SEC. 501. AUTHORIZATION OF GRANTS.

       ``The Attorney General is authorized to provide grants to 
     eligible States and to eligible States organized as a 
     regional compact to build, expand, and operate space in 
     correctional facilities in order to increase the prison bed 
     capacity in such facilities for the confinement of persons 
     convicted of a serious violent felony and to build, expand, 
     and operate temporary or permanent correctional facilities, 
     including facilities on military bases, for the confinement 
     of convicted nonviolent offenders and criminal aliens for the 
     purpose of freeing suitable existing prison space for the 
     confinement of persons convicted of a serious violent felony.
     ``SEC. 502. GENERAL GRANTS.

       ``In order to be eligible to receive funds under this 
     title, a State or States organized as a regional compact 
     shall submit an application to the Attorney General that 
     provides assurances that such State since 1993 has--
       ``(1) increased the percentage of convicted violent 
     offenders sentenced to prison.
       ``(2) increased the average prison time actually to be 
     served in prison by convicted violent offenders sentenced to 
     prison.

     ``SEC. 503. SPECIAL RULES.

       ``Notwithstanding the provisions of paragraphs (1) through 
     (2) of section 502, a State shall be eligible for grants 
     under this title, if the State, not later than the date of 
     the enactment of this title--
       ``(1) practices indeterminant sentencing; and
       ``(2) the average times served in such State for the 
     offenses of murder, rape, robbery, and assault exceed, by 10 
     percent or greater, the national average of times served for 
     such offenses.

     ``SEC. 504. FORMULA FOR GRANTS.

       ``To determine the amount of funds that each eligible State 
     or eligible States organized as a regional compact may 
     receive to carry out programs under section 502, the Attorney 
     General shall apply the following formula:
       ``(1) $500,000 or 0.40 percent, whichever is greater shall 
     be allocated to each participating State or compact, as the 
     case may be; and
       ``(2) of the total amount of funds remaining after the 
     allocation under paragraph (1), there shall be allocated to 
     each State or compact, as the case may be, an amount which 
     bears the same ratio to the amount of remaining funds 
     described in this paragraph as the population of such State 
     or compact, as the case may be, bears to the population of 
     all the States.

     ``SEC. 505. ACCOUNTABILITY.

       ``(a) Fiscal Requirements.--A State or States organzied as 
     a regional compact that receives funds under this title shall 
     use accounting, audit, and fiscal procedures that conform to 
     guidelines which shall be prescribed by the Attorney General.
       ``(b) Reporting.--Each State that receives funds under this 
     title shall submit an annual report, beginning on January 1, 
     1996, and each January 1 thereafter, to the Congress 
     regarding compliance with the requirements of this title.
       ``(c) Administrative Provisions.--The administrative 
     provisions of sections 801 and 802 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 shall apply to the 
     Attorney General in the same manner as such provisions apply 
     to the officials listed in such sections.

     ``SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this title--
       ``(1) $497,500,000 for fiscal year 1996;
       ``(2) $830,000,000 for fiscal year 1997;
       ``(3) $2,027,000,000 for fiscal year 1998;
       ``(4) $2,160,000,000 for fiscal year 1999; and
       ``(5) $2,253,100,000 for fiscal year 2000.
       ``(b) Limitations on Funds.--
       ``(1) Uses of funds.--Funds made available under this title 
     may be used to carry out the purposes described in section 
     501(a).
       ``(2) Nonsupplanting requirement.--Funds made available 
     under this section shall not be used to supplant State funds, 
     but shall be used to increase the amount of funds that would, 
     in the absence of Federal funds, be made available from State 
     sources.
       ``(3) Administrative costs.--Not more than three percent of 
     the funds available under this section may be used for 
     administrative costs.
       ``(4) Matching funds.--The Federal share of a grant 
     received under this title may not exceed 75
      percent of the costs of a proposal as described in an 
     application approved under this title.
       [[Page H1557]] ``(5) Carry over of appropriations.--Any 
     funds appropriated but not expended as provided by this 
     section during any fiscal year shall remain available until 
     expended.
       ``(c) Evaluation.--From the amounts authorized to be 
     appropriated under subsection (a) for each fiscal year, the 
     Attorney General shall reserve 1 percent for use by the 
     National Institute of Justice to evaluate the effectiveness 
     of programs established under this title by units of local 
     government and the benefits of such programs in relation to 
     the cost of such programs.

     ``SEC. 507. DEFINITIONS.

       ``As used in this title--
       ``(1) the term `indeterminate sentencing' means a system by 
     which--
       ``(A) the court has discretion on imposing the actual 
     length of the sentence imposed, up to the statutory maximum; 
     and
       ``(B) an administrative agency, generally the parole board, 
     controls release between court-ordered minimum and maximum 
     sentence;
       ``(2) the term `serious violent felony' means--
       ``(A) an offense that is a felony and has as an element the 
     use, attempted use, or threatened use of physical force 
     against the person or property of another and has a maximum 
     term of imprisonment of 10 years or more,
       ``(B) any other offense that is a felony and that, by its 
     nature, involves a substantial risk that physical force 
     against the person or property of another may be used in the 
     course of committing the offense and has a maximum term of 
     imprisonment of 10 years or more, or
       ``(C) such crimes include murder, assault with intent to 
     commit murder, arson, armed burglary, rape, assault with 
     intent to commit rape, kidnapping, and armed robbery; and
       ``(3) the term `State' means a State of the United States, 
     the District of Columbia, or any commonwealth, territory, or 
     possession of the United States.''.

                                H.R. 667

                         Offered By: Mr. Scott

       Amendment No. 35: Page 2, line 11, strike all before 
     ``The''.
       Page 2, strike line 23 and all that follows through page 5, 
     line 2, and insert the following (redesignate any subsequent 
     sections accordingly):

     SEC. 502. GENERAL GRANTS.

       ``In order to be eligible to receive funds under this 
     title, a State or States organized as a regional compact 
     shall submit an application to the Attorney General that 
     provides assurances that such State since 1993 has--
       ``(1) increased the percentage of convicted violent 
     offenders sentenced to prison.
       ``(2) increased the average prison time actually to be 
     served in prison by convicted violent offenders sentenced to 
     prison.
                                H.R. 667

                         Offered By: Mr. Scott

       Amendment No. 36: Page 8, strike lines 7 through 11 and 
     insert the following:
       ``(1) $497,500,000 for fiscal year 1996;
       ``(2) $830,000,000 for fiscal year 1997;
       ``(3) $2,027,000,000 for fiscal year 1998;
       ``(4) $2,160,000,000 for fiscal year 1999; and
       ``(5) $2,253,100,000 for fiscal year 2000.

                                H.R. 667

                         Offered By: Mr. Scott

       Amendment No. 37: Page 8, after line 3 insert the 
     following:
       ``(d) Evaluation.--From the amounts authorized to be 
     appropriated under subsection (a) for each fiscal year, the 
     Attorney General shall reserve 1 percent for use by the 
     National Institute of Justice to evaluate the effectiveness 
     of programs established under this title by units of local 
     government and the benefits of such programs in relation to 
     the cost of such programs.''.

                                H.R. 667

                         Offered By: Mr. Scott

       Amendment No. 38: Page 14, strike line 6 and all that 
     follows through page 18, line 25 (and redesignate any 
     subsequent titles accordingly):

                                H.R. 667

                         Offered By: Mr. Scott

       Amendment No. 39: Page 15, strike lines 12 through 21.
       Page 15, line 22, strike ``(2)''.
Vol. 141         WASHINGTON, THURSDAY, FEBRUARY 9, 1995          No. 26
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                                 Senate


             (Legislative day of Monday, January 30, 1995)