[Congressional Record Volume 141, Number 27 (Friday, February 10, 1995)]
[House]
[Page H1614]
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. 7

                         Offered By: Ms. Harman

               (Page and line references are to H.R. 872)

       Amendment No. 1: Strike title III (page 13, line 1, through 
     page 21, line 22).

                                 H.R. 7

                        Offered By: Mr. Menendez

               (Page and line references are to H.R. 872)
       Amendment No. 2: Strike title III (page 13, line 1, through 
     page 21, line 22).

                                H.R. 728

                        Offered By: Mr. Ackerman

       Amendment No. 4: Page 9, after line 17, add the following 
     new paragraph (and designate the preceding sentence as 
     paragraph (1)):
       ``(2) Preference for former members of the armed forces.--
     As a condition on the provision of funds under section 101, 
     the Director shall require each unit of local government 
     qualifying for such funds to give members of the Armed Forces 
     who, on or after October 1, 1990, were or are selected for 
     involuntary separation (as described in section 1141 of title 
     10, United States Code), approved for separation under 
     section 1174a or 1175 of such title, or retired pursuant to 
     the authority provided under section 4403 of the Defense 
     Conversion, Reinvestment, and Transition Assistance Act of 
     1992 (division D of Public Law 102-484; 10 U.S.C. 1293 note), 
     a suitable preferene in the employment of persons as 
     additional law enforcement officers or support personnel 
     using such funds. The nature and extent of such employment 
     preference shall be jointly established by the Attorney 
     General and the Secretary of Defense. To the extent 
     practicable, the Director shall endeavor to inform members 
     who were separated between October 1, 1990, and the date of 
     the enactment of this section of their eligibility for the 
     employment preference.
                                H.R. 728

                         Offered By: Ms. Furse

       Amendment No. 5: Page 12, line 4, strike ``and''.
       Page 12, line 7, strike ``101(a)(2).'' and insert 
     ``101(a)(2); and''.
       Page 12, after line 7, insert the following:
       ``(10) the unit of local government permits a health care 
     provider who provides medical care in a health care facility 
     immediately after a motor vehicle accident to a person in the 
     accident to notify an officer investigating the accident who 
     was present at the facility (or, if no such officer exists, 
     the law enforcement agency that has jurisdiction over the 
     accident site, if such site is known) that the person's blood 
     alcohol level exceeds the maximum level permitted under State 
     law for the operation of a motor vehicle where--
       ``(A) the health care facility is subject to regulation by 
     the unit of local government;
       ``(B) the health care provider becomes aware of the 
     person's blood alcohol level as a result of a blood test 
     performed in the course or providing care to the person;
       ``(C) the health care provider has been informed by a 
     provider of emergency services at the accident site that the 
     person was the driver of the motor vehicle involved in the 
     accident; and
       ``(D) the health care provider provides the notice as soon 
     as is reasonably possible.
       Page 13, after line 4, insert the following:
       ``(e) Immunity for Health Care Providers Making Certain 
     Reports.--A health care provider who in good faith makes a 
     report to a law enforcement officer or a law enforcement 
     agency under the circumstances described in subsection 
     (c)(10) shall have immunity from any civil or criminal 
     liability that might otherwise be incurred or imposed with 
     respect to the making or the content of such report. Such a 
     health care provider shall have the same immunity with 
     respect to participating in any judicial proceeding resulting 
     from such report.

                                H.R. 728

                          Offered By: Mr. Hyde

       Amendment No. 6: On page 9, strike lines 3 through 8, and 
     insert the following:
       ``(b) Oversight, Accountability and Administration.--Not 
     more than 3 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 assuring compliance with the provisions of this 
     title and for administrative costs to carry out the purposes 
     of this title. The Attorney General shall establish and 
     execute an oversight plan for monitoring the activities of 
     grant recipients. Such sums are to remain available until 
     expended.''
                                H.R. 728

                Offered by: Mr. Kennedy of Massachusetts

       Amendment No. 7, Page 25, strike lines 11 through 13 and 
     insert the following:
       (j) Community-Based Justice Grants for Prosecutors.--
     Section 31701 of the Violent Crime Control and Law 
     Enforcement Act of 1994 is amended--
       (1) by string ``(a) In General.--''; and
       (2) by striking subsection (b).

                                H.R. 728

                        Offered by: Mr. Martini

       Amendment No. 8: Page 10, after line 24, insert the 
     following (and redesignate subsequent paragraphs 
     accordingly);
       ``(4) the unit of local government--
       ``(A) will provide for each payment period non-Federal 
     matching funds equal to not less than 10 percent of the 
     amount paid to the unit under this title for the period;
       ``(B) will deposit the matching funds for a payment period 
     in the trust fund established by the unit under paragraph (3) 
     on the same day on which the unit deposits the amount paid 
     under this title for the period; and
       ``(C) will spend the matching funds only for the purposes 
     set forth in section 101(a)(2)

                                H.R. 728

                        Offered by: Mr. McCollum

       Amendment No. 9: Page 8, after line 19, insert the 
     following new subsection:
       ``(h) Matching Funds.--The Federal share of a grant 
     received under this title may not exceed 90 percent of the 
     costs of a program or proposal funded under this title.

                                H.R. 728

                        Offered by: Mr. Menendez

       Amendment No. 10: Page 8, after line 19, insert the 
     following:
       ``(h) Set-Aside for Community-Oriented Policing.--A unit of 
     local government that receives funds under this title for a 
     payment period shall allocate not less than 50 percent of 
     such funds for the purpose of hiring (or rehiring), training, 
     and employing on a continuing basis law enforcement officers 
     who engage in community-oriented policing by carrying out 
     with members of the community cooperative efforts to address 
     crime and disorder problems or otherwise to enhance public 
     safety.
                                H.R. 728

                        Offered by: Mr. Menendez

       Amendment No. 11: Page 13, after line 4, insert the 
     following:
       ``(e) Mantenance of Effort Requirement.--A unit of local 
     government qualifies for a payment under this title for a 
     payment period only if the unit's expenditures on law 
     enforcement services (as reported by the Bureau of the 
     Census) for the fiscal year preceding the fiscal year in 
     which the payment period occurs were not less than 90 percent 
     of the unit's expenditures on such services for the second 
     fiscal year preceding the fiscal year in which the payment 
     period occurs.

                                H.R. 728

                       Offered By: Mrs. Schroeder

       Amendment No. 12: Section 102. Authorization of 
     Appropriations.
       Add (c)

                         Technology Assistance

       (1) The Attorney General shall reserve $25 million in FY 
     1996 and $40 million in FY 1997 authorized to be appropriated 
     under subsection (a) for use by the National Institute of 
     Justice to support local units in making fully informed 
     decisions in identifying, selecting, modernizing and 
     purchasing new technologies for use by law enforcement. This 
     may include the development of less than lethal technologies; 
     development of technologies to enhance officer safety; other 
     research and development projects; the development of law 
     enforcement technology standards; establishing test beds 
     involving state or local law enforcement agencies; and 
     development of a national communications infrastructure to 
     disseminate information on law enforcement technologies to 
     state and local law enforcement agencies.
       The National Institute of Justice, Office of Science and 
     Technology shall be responsible for providing grants for 
     those projects supported by the Law Enforcement Technology 
     [[Page H1613]] Advisory Council of the National Institute of 
     Justice and the Law Enforcement Advisory Boards of the 
     Regional Law Enforcement Technology Centers of the National 
     Law Enforcement Technology Center system.

                                H.R. 728

                       Offered By: Mrs. Schroeder

       Amendment No. 13: Page 4, after line 5, insert the 
     following:
       ``(D) Enhancing health care clinic security measures to 
     protect against violence directed against the free exercise 
     of constitutional rights, including--
       ``(i) overtime pay for law enforcement officers;
       ``(ii) security assessments by law enforcement officers;
       ``(iii) when recommended by law enforcement officials, 
     purchases of materials to enhance the physical safety of 
     clinics, including, bulletproof glass and security 
     cameras.''.
                                H.R. 728

                        Offered By: Mr. Schumer

       Amendment No. 14: Page 2, beginning on line 21, strike 
     ``for reducing'' and all that follows through page 4, line 5, 
     and insert the following:

     for--
       ``(A) programs, projects, and other activities to--
       ``(i) rehire law enforcement officers who have been laid 
     off as a result of State and local budget reductions for 
     deployment in community-oriented policing;
       ``(ii) hire and train new, additional career law 
     enforcement officers for deployment in community-oriented 
     policing across the Nation;
       ``(iii) procure equipment, technology, or support systems, 
     or pay overtime, if the applicant for such a grant 
     demonstrates to the satisfaction of the Attorney General that 
     expenditures for such purposes would result in an increase in 
     the number of officers deployed in community-oriented 
     policing equal to or greater than the increase in the number 
     of officers that would result from a grant for a like amount 
     for the purposes specified in clause (i) or (ii);
       ``(iv) hire former members of the Armed Forces to serve as 
     career law enforcement officers for deployment in community-
     oriented policing, particularly in communities that are 
     adversely affected by a recent military base closing.
       ``(v) increase the number of law enforcement officers 
     involved in activities that are focused on interaction with 
     members of the community on proactive crime control and 
     prevention by redeploying officers to such activities;
       ``(vi) develop new technologies to assist State and local 
     law enforcement agencies in reorienting the emphasis of their 
     activities from reacting to crime to preventing crime; and
       ``(B) the establishment of crime prevention programs that 
     involve the substantial participation of community-based 
     groups, schools, and local educational agencies, relieve 
     conditions that encourage crime, and provide meaningful and 
     lasting alternatives to involvement of youth in crime, 
     including--
       ``(i) supervised academic, sports, or extracurricular 
     school, after school, summer and vacation period programs 
     that provide children alternatives to involvement in gangs, 
     drugs, and violent crime;
       ``(ii) programs for the prevention and treatment of 
     substance abuse, especially among children and youth;
       ``(iii) programs that provide increased security in and 
     around schools, parks, and other recreational areas that are 
     the site of programs directed toward children and youth;
       ``(iv) programs to prevent and suppress violent youth gang 
     activity and trafficking of firearms among youths;
       ``(v) neighborhood programs intended to discourage, 
     disrupt, or interfere with crime, including neighborhood 
     watch, community-based justice, and citizen patrol 
     programs.''
       ``(vi) establishing or supporting drug courts.''
       Page 6, after line 2, insert: ``(c) `Former member of the 
     Armed Forces' means a member of the Armed Forces of the 
     United States who is
      involuntarily separated from the Armed Forces within the 
     meaning of section 1141 of title 10, United States Code.
       Page 8, strike line 21 and all that follows through page 9, 
     line 2 and insert the following:
       ``(a) Authorization of Appropriations.--
       ``(1) Law enforcement programs.--There are authorized to be 
     appropriated to carry out subparagraph (A) of section 
     101(a)(2)--
       ``(A) $1,500,000,000 for fiscal year 1996;
       ``(B) $1,500,000,000 for fiscal year 1997;
       ``(C) $1,500,000,000 for fiscal year 1998;
       ``(D) $1,500,000,000 for fiscal year 1999; and
       ``(E) $1,500,000,000 for fiscal year 2000.
       ``(2) Prevention programs.--There are authorized to be 
     appropriated to carry out subparagraphs (B) and (C) of 
     section 101(a)(2)--
       ``(A) $1,000,000,000 for fiscal year 1996;
       ``(B) $1,000,000,000 for fiscal year 1997;
       ``(C) $1,000,000,000 for fiscal year 1998;
       ``(D) $1,000,000,000 for fiscal year 1999; and
       ``(E) $1,000,000,000 for fiscal year 2000.

                                H.R. 728

                        Offered By: Mr. Schumer

       Amendment No. 15: Page 2, beginning on line 21, strike 
     ``for reducing'' and all that follows through page 3, line 7, 
     and insert the following:

     for--
       ``(A) programs, projects, and other activities to--
       ``(i) rehire law enforcement officers who have been laid 
     off as a result of State and local budget reductions for 
     deployment in community-oriented policing;
       ``(ii) hire and train new, additional career law 
     enforcement officers for deployment in community-oriented 
     policing across the Nation;
       ``(iii) procure equipment, technology, or support systems, 
     or pay overtime, if the applicant for such a grant 
     demonstrates to the satisfaction of the Attorney General that 
     expenditures for such purposes would result in an increase in 
     the number of officers deployed in community-oriented 
     policing equal to or greater than the increase in the number 
     of officers that would result from a grant for a like amount 
     for the purposes specified in clause (i) or (ii);
       ``(iv) hire former members of the Armed Forces to serve as 
     career law enforcement officers for deployment in community-
     oriented policing, particularly in communities that are 
     adversely affected by a recent military base closing.
       ``(v) increase the number of law enforcement officers 
     involved in activities that are focused on interaction with 
     members of the community on proactive crime control and 
     prevention by redeploying officers to such activities;
       ``(vi) develop new technologies to assist State and local 
     law enforcement agencies in reorienting the emphasis of their 
     activities from reacting to crime to preventing crime; and
       Page 6, after line 2, insert the following:
       ``(c) `Former member of the Armed Forces' means a member of 
     the Armed Forces of the United States who is involuntarily 
     separated from the Armed Forces within
      the meaning of section 1141 of title 10, United States Code.
       Page 8, strike line 21 and all that follows through page 9, 
     line 2 and insert the following:
       ``(a) Authorization of Appropriations.--
       ``(1) Law enforcement programs.--There are authorized to be 
     appropriated to carry out subparagraph (A) of section 
     101(a)(2)--
       ``(A) $1,500,000,000 for fiscal year 1996;
       ``(B) $1,500,000,000 for fiscal year 1997;
       ``(C) $1,500,000,000 for fiscal year 1998;
       ``(D) $1,500,000,000 for fiscal year 1999; and
       ``(E) $1,500,000,000 for fiscal year 2000.
       ``(2) Prevention programs.--There are authorized to be 
     appropriated to carry out subparagraphs (B) and (C) of 
     section 101(a)(2)--
       ``(A) $500,000,000 for fiscal year 1996;
       ``(B) $500,000,000 for fiscal year 1997;
       ``(C) $500,000,000 for fiscal year 1998;
       ``(D) $500,000,000 for fiscal year 1999; and
       ``(E) $500,000,000 for fiscal year 2000.

                                H.R. 728

                         Offered By: Mr. Stupak

       Amendment No. 16: Page 9, after line 2, insert the 
     following (and redesignate any subsequent subsections 
     accordingly):
       ``(b) Reservation for Byrne Programs.--The Attorney General 
     shall reserve $450,000,000 of the amounts authorized under 
     this section in each fiscal year to carry out the programs 
     under part E of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1965.

                                H.R. 728

                         Offered By: Mr. Stupak

       Amendment No. 17: Page 16, after line 15, insert the 
     following new paragraph (and redesignate succeeding 
     paragraphs accordingly):
       ``(6) Minimum allocation to rural areas.--
       ``(A) In general.--If, but for this paragraph, the rural 
     set-aside requirement of this paragraph would not be met by 
     any State--
       ``(i) rural areas in such State shall receive an additional 
     allocation of the reserved amount for such State in an amount 
     necessary to satisfy such requirement, and
       ``(ii) the allocation of all other areas in such State 
     shall be reduced to the extent necessary to accommodate the 
     allocation under clause (i).
       ``(B) Rural set-aside requirement.--The rural set-aside 
     requirement of this paragraph is met by a State if 30 percent 
     of the amount reserved to such State under subsection (a) is 
     allocated to rural areas.
       ``(C) Increases and decreases in allocations done on 
     proportional basis.--Any increase or decrease required by 
     subparagraph (A) shall be allocated among the areas to which 
     the increase or decrease applies in the same proportions as 
     the reserved amount would have been allocated but for this 
     paragraph.
       ``(D) Rural areas.--For purposes of this paragraph, the 
     term `rural area' means any local governmental unit having a 
     population of less than 50,000.

                                H.R. 728

                 Offered By: Mr. WATT of North Carolina

       Amendment No. 18: 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) Ounce of Prevention Council under subtitle A.
       ``(ii) Local Crime Prevention Block Grant Program under 
     subtitle B.
       [[Page H1614]] ``(iii) Model Intensive Grant Program under 
     subtitle C.
       ``(iv) Family and Community Endeavor Schools Grant Program 
     under subtitle D.
       ``(v) Assistance for Delinquent and At-Risk Youth under 
     subtitle G.
       ``(vi) Police Retirement under subtitle H.
       ``(vii) Local Partnership Act under subtitle J which made 
     amendments to chapter 67 of title 31, United States Code.
       ``(viii) National Community Economic Partnership under 
     subtitle K.
       ``(ix) Urban Recreation and At-Risk Youth subtitle O which 
     made amendments to the Urban Park and Recreation Recovery Act 
     of 1978.
       ``(x) Community-Based Justice Grants under subtitle Q.
       ``(xi) Family Unity Demonstration Project under subtitle S.
       ``(xiii) Gang Resistance and Education Training under 
     subtitle X.
       ``(xiii) Any other Crime Prevention Program proposed by a 
     unit of local government and approved by the Director of the 
     Bureau of Justice Assistance which contains a process for 
     assessing such program's impact on the incidence of crime; 
     provided that not more than 25% funds approved under this 
     Bill shall be available for grant under this section.

     Page 6, after line 24, insert the following (and redesignate 
     any subsequent subsections accordingly):
       ``(c) Set-Aside for Prevention.--Of the amounts authorized 
     to be appropriated under subsection (a), the Attorney General 
     shall allocate $1,000,000,000 of such funds for each of 
     fiscal years 1996 through 2000 to carry out the purposes of 
     subparagraph (D) of section 101(a)(2). Any program funded 
     under this Set Aside for Prevention shall contain a component 
     which includes a process for assessing the impact of such 
     program on the incidence of crime.

                         H.R. 728, AS REPORTED

                          Offered By: Mr. Wise

       Amendment No. 19: At page 4, after line 19, insert:
       (G) ``Enhance programs under subpart 1 of part E of the 
     Omnibus Crime Control and Safe Streets Act of 1968.

                                H.R. 728

                          Offered By: Mr. Wise

       Amendment No. 20: At page 20, after line 16, after 
     ``purposes'' insert the following:

       ``Or the designated state agency or its equivalent of state 
     enforcement''
Vol. 141         WASHINGTON, FRIDAY, FEBRUARY 10, 1995           No. 27
-----------------------------------------------------------------------

                                 Senate


             (Legislative day of Monday, January 30, 1995)