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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 667 Engrossed in House (EH)]

  1st Session
                                H. R. 667

_______________________________________________________________________

                                 AN ACT

 
          To control crime by incarcerating violent criminals.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violent Criminal Incarceration Act 
of 1995''.

                      TITLE I--TRUTH IN SENTENCING

SEC. 101. TRUTH IN SENTENCING GRANT PROGRAM.

    (a) In General.--Title V of the Violent Crime Control and Law 
Enforcement Act of 1994 is amended to read as follows:

                 ``TITLE V--TRUTH IN SENTENCING GRANTS

``SEC. 501. AUTHORIZATION OF GRANTS.

    ``(a) In General.--The Attorney General is authorized to provide 
grants to eligible States and to eligible States organized as a 
regional compact to build, expand, and operate space in correctional 
facilities in order to increase the prison bed capacity in such 
facilities for the confinement of persons convicted of a serious 
violent felony and to build, expand, and operate temporary or permanent 
correctional facilities, including facilities on military bases and 
boot camp facilities, for the confinement of convicted nonviolent 
offenders and criminal aliens for the purpose of freeing suitable 
existing prison space for the confinement of persons convicted of a 
serious violent felony. Such grants may also be used to build, expand, 
and operate secure youth correctional facilities.
    ``(b) Limitation.--An eligible State or eligible States organized 
as a regional compact may receive either a general grant under section 
502 or a truth-in-sentencing incentive grant under section 503.

``SEC. 502. GENERAL GRANTS.

    ``(a) Distribution of General Grants.--50 percent of the total 
amount of funds made available under this title for each of the fiscal 
years 1995 through 2000 shall be made available for general eligibility 
grants for each State or States organized as a regional compact that 
meets the requirements of subsection (b).
    ``(b) General Grants.--In order to be eligible to receive funds 
under subsection (a), a State or States organized as a regional compact 
shall submit an application to the Attorney General that provides 
assurances that such State since 1993 has--
            ``(1) increased the percentage of convicted violent 
        offenders sentenced to prison;
            ``(2) increased the average prison time actually to be 
        served in prison by convicted violent offenders sentenced to 
        prison; and
            ``(3) increased the percentage of sentence to be actually 
        served in prison by violent offenders sentenced to prison.

``SEC. 503. TRUTH-IN-SENTENCING GRANTS.

    ``(a) Truth-in-Sentencing Incentive Grants.--50 percent of the 
total amount of funds made available under this title for each of the 
fiscal years 1995 through 2000 shall be made available for truth-in-
sentencing incentive grants to each State or States organized as a 
regional compact that meet the requirements of subsection (b).
    ``(b) Eligibility for Truth-in-Sentencing Incentive Grants.--In 
order to be eligible to receive funds under subsection (a), a State or 
States organized as a regional compact shall submit an application to 
the Attorney General that provides assurances that each State applying 
has enacted laws and regulations which include--
            ``(1)(A) truth-in-sentencing laws which require persons 
        convicted of a serious violent felony serve not less than 85 
        percent of the sentence imposed or 85 percent of the court-
        ordered maximum sentence for States that practice indeterminate 
        sentencing; or
            ``(B) truth-in-sentencing laws which have been enacted, but 
        not yet implemented, that require such State, not later than 
        three years after such State submits an application to the 
        Attorney General, to provide that persons convicted of a 
        serious violent felony serve not less than 85 percent of the 
        sentence imposed or 85 percent of the court-ordered maximum 
        sentence for States that practice indeterminate sentencing;
            ``(2) laws requiring that the sentencing or releasing 
        authorities notify and allow the victims of the defendant or 
        the family of such victims the opportunity to be heard 
        regarding the issue of sentencing and any postconviction 
        release; and
            ``(3) laws requiring that the releasing authority notify 
        the victims of serious violent felons or the family of such 
        victims and the convicting court regarding the release of a 
        defendant.

``SEC. 504. SPECIAL RULES.

    ``(a) Additional Requirements.--To be eligible to receive a grant 
under section 502 or 503, a State or States organized as a regional 
compact shall provide an assurance to the Attorney General that--
            ``(1) to the extent practicable, inmate labor will be used 
        to build and expand correctional facilities;
            ``(2) each State will involve counties and other units of 
        local government, when appropriate, in the construction, 
        development, expansion, modification, operation, or improvement 
        of correctional facilities designed to ensure the incarceration 
        of offenders, and that each State will share funds received 
        under this title with any county or other unit of local 
        government that is housing State prisoners, taking into account 
        the burden placed on such county or unit of local government in 
        confining prisoners due to overcrowding in State prison 
        facilities in furtherance of the purposes of this Act;
            ``(3) the State has implemented or will implement, not 
        later than 18 months after the date of the enactment of the 
        Violent Criminal Incarceration Act of 1995, policies to 
        determine the veteran status of inmates and to ensure that 
        incarcerated veterans receive the veterans benefits to which 
        they are entitled; and
            ``(4) the State has adopted procedures for the collection 
        of reliable statistical data which compiles the rate of serious 
        violent felonies after the receipt of grant funds under section 
        502 or section 503 in comparison to the rate of serious violent 
        felonies before receipt of such funds and will report such 
        statistical data to the Attorney General if such data is not 
        already provided.
    ``(b) Juvenile Justice Incentive.--Beginning in fiscal year 1998, 
15 percent of the funds that would otherwise be available to a State 
under section 502 or 503 shall be withheld from any State which does 
not have an eligible system of consequential sanctions for juvenile 
offenders.
    ``(c) Indeterminant Sentencing Exception.--Notwithstanding the 
provisions of paragraphs (1) through (3) of section 502(b), a State 
shall be eligible for grants under this title, if the State, not later 
than the date of the enactment of this title--
            ``(1) practices indeterminant sentencing; and
            ``(2) the average times served in such State for the 
        offenses of murder, rape, robbery, and assault exceed, by 10 
        percent or greater, the national average of times served for 
        such offenses.
    ``(d) Availability of Funds for Jail Construction.--A State may use 
up to 15 percent of the funds provided under this title for jail 
construction, if the Attorney General determines that the State has 
enacted--
            ``(1) legislation that provides for pretrial release 
        requirements at least as restrictive as those found in section 
        3142 of title 18, United States Code; or
            ``(2) legislation that requires an individual charged with 
        an offense for which a sentence of more than one year may be 
        imposed, or charged with an offense involving violence against 
        another person, may not be released before trial without a 
        financial guarantee to ensure appearance before trial.''.
    ``(e) Exception.--The requirements under section 503(b) shall 
apply, except that a State may provide that the Governor of the State 
may allow for earlier release of a geriatric prisoner or a prisoner 
whose medical condition precludes the prisoner from posing a threat to 
the public after a public hearing in which representatives of the 
public and the prisoner's victims have an opportunity to be heard 
regarding a proposed release.
    ``(f) Funds for Juvenile Offenders.--Notwithstanding any other 
provision of this title, if a State or unit of local government located 
in a State which otherwise meets the requirements of section 502 or 503 
certifies to the Attorney General that exigent circumstances exist 
which require that the State expend funds to confine juvenile 
offenders, the State may use funds received under this title to build, 
expand, and operate juvenile correctional facilities or pretrial 
detention facilities for such offenders.

``SEC. 505. FORMULA FOR GRANTS.

    ``To determine the amount of funds that each eligible State or 
eligible States organized as a regional compact may receive to carry 
out programs under section 502 or 503, the Attorney General shall apply 
the following formula:
            ``(1) $500,000 or 0.40 percent, whichever is greater, shall 
        be allocated to each participating State or compact, as the 
        case may be; and
            ``(2) of the total amount of funds remaining after the 
        allocation under paragraph (1), there shall be allocated to 
        each State or compact, as the case may be, an amount equal to 
        the ratio that the number of part 1 violent crimes reported by 
        such State or States to the Federal Bureau of Investigation for 
        the most recent calendar year for which the data is available.

``SEC. 506. ACCOUNTABILITY.

    ``(a) Fiscal Requirements.--A State or States organized as a 
regional compact that receives funds under this title shall use 
accounting, audit, and fiscal procedures that conform to guidelines 
which shall be prescribed by the Attorney General, including a 
requirement that any funds used to carry out the programs under section 
501(a) shall represent the best value for the State governments at the 
lowest possible cost and employ the best available technology.
    ``(b) Reporting.--Each State that receives funds under this title 
shall submit an annual report, beginning on January 1, 1996, and each 
January 1 thereafter, to the Congress regarding compliance with the 
requirements of this title.
    ``(c) Administrative Provisions.--(1) The administrative provisions 
of sections 801 and 802 of the Omnibus Crime Control and Safe Streets 
Act of 1968 shall apply to the Attorney General in the same manner as 
such provisions apply to the officials listed in such sections.
    ``(2)(A) A State that receives funds under this title shall, in 
such form and manner as the Attorney General determines, and under such 
regulations as the Attorney General shall prescribe, require that the 
appropriate public authorities report promptly to the Attorney General 
the death of each individual who dies in custody while in a municipal 
or county jail, State prison, or other similar place of confinement. 
Each such report shall include the cause of death and all other facts 
relevant to the death reported, which the person so reporting shall 
have the duty to make a good faith effort to ascertain.
    ``(B) The Attorney General shall annually publish a report 
containing--
            ``(i) the number of deaths in each institution for which a 
        report was filed during the relevant reporting period;
            ``(ii) the cause of death and time of death for each death 
        so reported; and
            ``(iii) such other information about the death as the 
        Attorney General deems relevant.

``SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this title--
            ``(1) $997,500,000 for fiscal year 1996;
            ``(2) $1,330,000,000 for fiscal year 1997;
            ``(3) $2,527,000,000 for fiscal year 1998;
            ``(4) $2,660,000,000 for fiscal year 1999; and
            ``(5) $2,753,100,000 for fiscal year 2000.
    ``(b) Limitations on Funds.--
            ``(1) Uses of funds.--Funds made available under this title 
        may be used to carry out the purposes described in section 
        501(a).
            ``(2) Nonsupplanting requirement.--Funds made available 
        under this section shall not be used to supplant State funds, 
        but shall be used to increase the amount of funds that would, 
        in the absence of Federal funds, be made available from State 
        sources.
            ``(3) Administrative costs.--Not more than three percent of 
        the funds available under this section may be used for 
        administrative costs.
            ``(4) Matching funds.--The Federal share of a grant 
        received under this title may not exceed 75 percent of the 
        costs of a proposal as described in an application approved 
        under this title.
            ``(5) Carry over of appropriations.--Any funds appropriated 
        but not expended as provided by this section during any fiscal 
        year shall remain available until expended.
            ``(6) Transfer of unallocated funds.--After making the 
        distribution to all eligible States required under section 503, 
        the Attorney General may transfer as provided in this 
        paragraph, in such amounts as may be provided in appropriations 
        Acts, any remaining unallocated funds which have been available 
        for more than two fiscal years, but all such funds shall be 
        available for the purposes of this paragraph after fiscal year 
        2000. Funds transferred under this paragraph may be made 
        available for expenses of the Immigration and Nationalization 
        Service for investigators and for expenses of the Bureau of 
        Prisons, the Federal Bureau of Investigations and the United 
        States Attorneys for activities and operations related to the 
        investigation, prosecution and conviction of persons accused of 
        a serious violent felony, and the incarceration of persons 
        convicted of such offenses, including the National Institute of 
        Justice for law enforcement technology programs.

``SEC. 508. PAYMENTS TO STATES FOR INCARCERATION OF CRIMINAL ALIENS.

    ``(a) Reservation of Funds.--Notwithstanding any other provision of 
this title, for each of the fiscal years 1996, 1997, 1998, 1999, and 
2000 from amounts appropriated under section 507, the Attorney General 
shall first reserve an amount which when added to amounts appropriated 
to carry out section 242(j) of the Immigration and Nationality Act for 
such fiscal year equals $650,000,000.
    ``(b) Payments to Eligible States.--
            ``(1) Notwithstanding any other provision of this title, 
        for each of the fiscal years 1996, 1997, 1998, 1999, and 2000 
        from amounts reserved under subsection (a), the Attorney 
        General shall make a payment to each State which is eligible 
        under section 242(j) of the Immigration and Nationality Act and 
        which meets the eligibility requirements of section 503(b), in 
        such amount as is determined under section 242(j) and for which 
        payment is not made to such State for such fiscal year under 
        such section.
            ``(2) For any fiscal year, payments made to States under 
        paragraph (1) may not exceed the amount reserved for such 
        fiscal year under subsection (a).
    ``(c) Use of Unobligated Funds.--For any fiscal year, amounts 
reserved under subsection (a) which are not obligated by the end of 
that fiscal year under subsection (b) shall not be available for 
payments under this section for any subsequent fiscal year, but shall 
be available, in equal amounts, to the Attorney General only for grants 
under sections 502 and 503.
    ``(d) Report to Congress.--Not later than May 15, 1999, the 
Attorney General shall submit a report to the Congress which contains 
the recommendation of the Attorney General concerning the extension of 
the program under this section.''.

``SEC. 509. DEFINITIONS.

    ``As used in this title--
            ``(1) the term `indeterminate sentencing' means a system by 
        which--
                    ``(A) the court has discretion on imposing the 
                actual length of the sentence imposed, up to the 
                statutory maximum; and
                    ``(B) an administrative agency, generally the 
                parole board, controls release between court-ordered 
                minimum and maximum sentence;
            ``(2) the term `serious violent felony' means--
                    ``(A) an offense that is a felony and has as an 
                element the use, attempted use, or threatened use of 
                physical force against the person or property of 
                another and has a maximum term of imprisonment of 10 
                years or more,
                    ``(B) any other offense that is a felony and that, 
                by its nature, involves a substantial risk that 
                physical force against the person or property of 
                another may be used in the course of committing the 
                offense and has a maximum term of imprisonment of 10 
                years or more, or
                    ``(C) such crimes including murder, assault with 
                intent to commit murder, arson, armed burglary, rape, 
                assault with intent to commit rape, kidnapping, and 
                armed robbery;
            ``(3) the term `State' means a State of the United States, 
        the District of Columbia, or any commonwealth, territory, or 
        possession of the United States; and
            ``(4) the term `an eligible system of consequential 
        sanctions for juvenile offenders' means that the State or 
        States organized as a regional compact, as the case may be--
                    ``(A)(i) have established or are in the process of 
                establishing a system of sanctions for the State's 
                juvenile justice system in which the State bases 
                dispositions for juveniles on a scale of increasingly 
                severe sanctions for the commission of a repeat 
                delinquent act, particularly if the subsequent 
                delinquent act committed by such juvenile is of similar 
                or greater seriousness or if a court dispositional 
                order for a delinquent act is violated; and
                    ``(ii) such dispositions should, to the extent 
                practicable, require the juvenile delinquent to 
                compensate victims for losses and compensate the 
                juvenile justice authorities for supervision costs;
                    ``(B) impose a sanction on each juvenile 
                adjudicated delinquent;
                    ``(C) require that a State court concur in allowing 
                a juvenile to be sent to a diversionary program in lieu 
                of juvenile court proceedings;
                    ``(D) have established and maintained an effective 
                system that requires the prosecution of at least those 
                juveniles who are 14 years of age and older as adults, 
rather than in juvenile proceedings, for conduct constituting--
                            ``(i) murder or attempted murder;
                            ``(ii) robbery while armed with a deadly 
                        weapon;
                            ``(iii) battery while armed with a deadly 
                        weapon;
                            ``(iv) forcible rape;
                            ``(v) any other crime the State determines 
                        appropriate; and
                            ``(vi) the fourth or subsequent occasion on 
                        which such juveniles engage in an activity for 
                        which adults could be imprisoned for a term 
                        exceeding 1 year;
                unless, on a case-by-case basis, the transfer of such 
                juveniles for disposition in the juvenile justice 
                system is determined under State law to be in the 
                interest of justice;
                    ``(E) require that whenever a juvenile is 
                adjudicated in a juvenile proceeding to have engaged in 
                the conduct constituting an offense described in 
                subparagraph (D) that--
                            ``(i) a record is kept relating to that 
                        adjudication which is--
                                    ``(I) equivalent to the record that 
                                would be kept of an adult conviction 
                                for that offense;
                                    ``(II) retained for a period of 
                                time that is equal to the period of 
                                time records are kept for adult 
                                convictions; and
                                    ``(III) made available to law 
                                enforcement officials to the same 
                                extent that a record of an adult 
                                conviction would be made available;
                            ``(ii) the juvenile is fingerprinted and 
                        photographed, and the fingerprints and 
                        photograph are sent to the Federal Bureau of 
                        Investigation; and
                            ``(iii) the court in which the adjudication 
                        takes place transmits to the Federal Bureau of 
                        Investigation the information concerning the 
                        adjudication, including the name and birth date 
                        of the juvenile, date of adjudication, and 
                        disposition;
                    ``(F) where practicable and appropriate, require 
                parents to participate in meeting the dispositional 
                requirements imposed on the juvenile by the court;
                    ``(G) have consulted with any units of local 
                government responsible for secure youth correctional 
                facilities in setting priorities for construction, 
                development, expansion and modification, operation or 
                improvement of juvenile facilities, and to the extent 
                practicable, ensure that the needs of entities 
                currently administering juvenile facilities are 
                addressed; and
                    ``(H) have in place or are putting in place systems 
                to provide objective evaluations of State and local 
                juvenile justice systems to determine such systems' 
                effectiveness in protecting the community, reducing 
                recidivism, and ensuring compliance with 
                dispositions.''.
    (b) Preference in Payments Under Section 242(J) of Immigration and 
Nationality Act.--Section 242(j)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1252(j)(4)) is amended by adding at the end the 
following:
                    ``(C) In carrying out paragraph (1)(A), the 
                Attorney General shall give preference in making 
                payments to States and political subdivisions of States 
                which are ineligible for payments under section 508 of 
                the Violent Crime Control and Law Enforcement Act of 
                1994.''.

SEC. 102. CONFORMING AMENDMENTS.

    (a) Omnibus Crime Control and Safe Streets Act of 1968.--
            (1) Part v.--Part V of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 is repealed.
            (2) Funding.--(A) Section 1001(a) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 is amended by striking 
        paragraph (20).
            (B) Notwithstanding the provisions of subparagraph (A), any 
        funds that remain available to an applicant under paragraph 
        (20) of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 shall be used in accordance with part V of such Act 
as such Act was in effect on the day preceding the date of enactment of 
this Act.
    (b) Violent Crime Control and Law Enforcement Act of 1994.--
            (1) Repeal.--(A) Subtitle A of title II of the Violent 
        Crime Control and Law Enforcement Act of 1994 is repealed.
            (B) The table of contents of the Violent Crime Control and 
        Law Enforcement Act of 1994 is amended by striking the matter 
        relating to subtitle A of title II.
            (2) Compliance.--Notwithstanding the provisions of 
        paragraph (1), any funds that remain available to an applicant 
        under subtitle A of title II of the Violent Crime Control and 
        Law Enforcement Act of 1994 shall be used in accordance with 
        such subtitle as such subtitle was in effect on the day 
        preceding the date of enactment of this Act.
            (3) Truth-in-sentencing.--The table of contents of the 
        Violent Crime Control and Law Enforcement Act of 1994 is 
        amended by striking the matter relating to title V and 
        inserting the following:

                 ``TITLE V--TRUTH-IN-SENTENCING GRANTS

``Sec. 501. Authorization of grants.
``Sec. 502. General grants.
``Sec. 503. Truth-in-sentencing grants.
``Sec. 504. Special rules.
``Sec. 505. Formula for grants.
``Sec. 506. Accountability.
``Sec. 507. Authorization of appropriations.
``Sec. 508. Definitions.''.

              TITLE II--STOPPING ABUSIVE PRISONER LAWSUITS

SEC. 201. EXHAUSTION REQUIREMENT.

    Section 7(a)(1) of the Civil Rights of Institutionalized Persons 
Act (42 U.S.C. 1997e) is amended--
            (1) by striking ``in any action brought'' and inserting 
        ``no action shall be brought'';
            (2) by striking ``the court shall'' and all that follows 
        through ``require exhaustion of'' and insert ``until''; and
            (3) by inserting ``are exhausted'' after ``available''.

SEC. 202. FRIVOLOUS ACTIONS.

    Section 7(a) of the Civil Rights of Institutionalized Persons Act 
(42 U.S.C. 1997e(a)) is amended by adding at the end the following:
    ``(3) The court shall on its own motion or on motion of a party 
dismiss any action brought pursuant to section 1979 of the Revised 
Statutes of the United States by an adult convicted of a crime and 
confined in any jail, prison, or other correctional facility if the 
court is satisfied that the action fails to state a claim upon which 
relief can be granted or is frivolous or malicious.''.

SEC. 203. MODIFICATION OF REQUIRED MINIMUM STANDARDS.

    Section 7(b)(2) of the Civil Rights of Institutionalized Persons 
Act (42 U.S.C. 1997e(b)(2)) is amended by striking subparagraph (A) and 
redesignating subparagraphs (B) through (E) as subparagraphs (A) 
through (D), respectively.

SEC. 204. PROCEEDINGS IN FORMA PAUPERIS.

    (a) Dismissal.--Section 1915(d) of title 28, United States Code, is 
amended--
            (1) by inserting ``at any time'' after ``counsel and may'';
            (2) by striking ``and may'' and inserting ``and shall'';
            (3) by inserting ``fails to state a claim upon which relief 
        may be granted or'' after ``that the action''; and
            (4) by inserting ``even if partial filing fees have been 
        imposed by the court'' before the period.
    (b) Prisoner's Statement of Assets.--Section 1915 of title 28, 
United States Code, is amended by adding at the end the following:
    ``(f) If a prisoner in a correctional institution files an 
affidavit in accordance with subsection (a) of this section, such 
prisoner shall include in that affidavit a statement of all assets such 
prisoner possesses. The court shall make inquiry of the correctional 
institution in which the prisoner is incarcerated for information 
available to that institution relating to the extent of the prisoner's 
assets. The court shall require full or partial payment of filing fees 
according to the prisoner's ability to pay.''.

                 TITLE III--STOP TURNING OUT PRISONERS

SEC. 301. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

    (a) In General.--Section 3626 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
    ``(a) Requirements for Relief.--
            ``(1) Limitations on prospective relief.--Prospective 
        relief in a civil action with respect to prison conditions 
        shall extend no further than necessary to remove the conditions 
        that are causing the deprivation of the Federal rights of 
        individual plaintiffs in that civil action. The court shall not 
        grant or approve any prospective relief unless the court finds 
        that such relief is narrowly drawn and the least intrusive 
        means to remedy the violation of the Federal right. In 
        determining the intrusiveness of the relief, the court shall 
        give substantial weight to any adverse impact on public safety 
        or the operation of a criminal justice system caused by the 
        relief.
            ``(2) Prison population reduction relief.--In any civil 
        action with respect to prison conditions, the court shall not 
        grant or approve any relief whose purpose or effect is to 
        reduce or limit the prison population, unless the plaintiff 
        proves that crowding is the primary cause of the deprivation of 
        the Federal right and no other relief will remedy that 
        deprivation.
    ``(b) Termination of Relief.--
            ``(1) Automatic termination of prospective relief after 2-
        year period.--In any civil action with respect to prison 
        conditions, any prospective relief shall automatically 
        terminate 2 years after the later of--
                    ``(A) the date the court found the violation of a 
                Federal right that was the basis for the relief; or
                    ``(B) the date of the enactment of the Stop Turning 
                Out Prisoners Act.
            ``(2) Immediate termination of prospective relief.--In any 
        civil action with respect to prison conditions, a defendant or 
        intervenor shall be entitled to the immediate termination of 
        any prospective relief, if that relief was approved or granted 
        in the absence of a finding by the court that prison conditions 
        violated a Federal right.
    ``(c) Procedure for Motions Affecting Prospective Relief.--
            ``(1) Generally.--The court shall promptly rule on any 
        motion to modify or terminate prospective relief in a civil 
        action with respect to prison conditions.
            ``(2) Automatic stay.--Any prospective relief subject to a 
        pending motion shall be automatically stayed during the 
        period--
                    ``(A) beginning on the 30th day after such motion 
                is filed, in the case of a motion made under subsection 
                (b); and
                    ``(B) beginning on the 180th day after such motion 
                is filed, in the case of a motion made under any other 
                law;
        and ending on the date the court enters a final order ruling on 
        that motion.
    ``(d) Standing.--Any Federal, State, or local official or unit of 
government--
            ``(1) whose jurisdiction or function includes the 
        prosecution or custody of persons in a prison subject to; or
            ``(2) who otherwise is or may be affected by;
any relief whose purpose or effect is to reduce or limit the prison 
population shall have standing to oppose the imposition or continuation 
in effect of that relief and may intervene in any proceeding relating 
to that relief. Standing shall be liberally conferred under this 
subsection so as to effectuate the remedial purposes of this section.
    ``(e) Special Masters.--In any civil action in a Federal court with 
respect to prison conditions, any special master or monitor shall be a 
United States magistrate and shall make proposed findings on the record 
on complicated factual issues submitted to that special master or 
monitor by the court, but shall have no other function. The parties may 
not by consent extend the function of a special master beyond that 
permitted under this subsection.
    ``(f) Attorney's Fees.--No attorney's fee under section 722 of the 
Revised Statutes of the United States (42 U.S.C. 1988) may be granted 
to a plaintiff in a civil action with respect to prison conditions 
except to the extent such fee is--
            ``(1) directly and reasonably incurred in proving an actual 
        violation of the plaintiff's Federal rights; and
            ``(2) proportionally related to the extent the plaintiff 
        obtains court ordered relief for that violation.
    ``(g) Definitions.--As used in this section--
            ``(1) the term `prison' means any Federal, State, or local 
        facility that incarcerates or detains juveniles or adults 
        accused of, convicted of, sentenced for, or adjudicated 
        delinquent for, violations of criminal law;
            ``(2) the term `relief' means all relief in any form which 
        may be granted or approved by the court, and includes consent 
        decrees and settlement agreements (except a settlement 
        agreement the breach of which is not subject to any court 
        enforcement other than reinstatement of the civil proceeding 
        which such agreement settled); and
            ``(3) the term `prospective relief' means all relief other 
        than compensatory monetary damages.''.
    (b) Application of Amendment.--Section 3626 of title 18, United 
States Code, as amended by this section, shall apply with respect to 
all relief (as defined in such section) whether such relief was 
originally granted or approved before, on, or after the date of the 
enactment of this Act.
    (c) Clerical Amendment.--The item relating to section 3626 in the 
table of sections at the beginning of subchapter C of chapter 229 of 
title 18, United States Code, is amended by striking ``crowding'' and 
inserting ``conditions''.

     TITLE IV--ENHANCING PROTECTION AGAINST INCARCERATED CRIMINALS

SEC. 401. PRISON SECURITY.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 4048. Strength-training of prisoners prohibited
    ``The Bureau of Prisons shall ensure that--
            ``(1) prisoners under its jurisdiction do not engage in any 
        physical activities designed to increase their fighting 
        ability; and
            ``(2) all equipment designed for increasing the strength or 
        fighting ability of prisoners promptly be removed from Federal 
        correctional facilities and not be introduced into such 
        facilities thereafter except as needed for a medically required 
        program of physical rehabilitation approved by the Director of 
        the Bureau of Prisons.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 303 of title 18, United States Code, is amended by adding at 
the end the following new item:

``4048. Strength-training of prisoners prohibited.''.

                       TITLE V--PRISON CONDITIONS

SEC. 501. PRISON CONDITIONS.

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

SEC. 502. ANNUAL REPORT.

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

                  TITLE VI--COMMUNITY SERVICE PROJECTS

SEC. 601. BUREAU OF PRISONS COMMUNITY SERVICE PROJECTS.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4047. Community service projects
    ``(a) Subject to the limitations of subsection (b), the Chief 
Executive Officer of a Federal penal or correctional facility may, as 
part of an inmate work program, provide services to private, nonprofit 
organizations, as defined in section 501(c)(3) of the Internal Revenue 
Code of 1986, or to a component of any State government or political 
subdivision thereof. Such services shall be provided pursuant to rules 
prescribed by the Attorney General.
    ``(b) Services provided under subsection (a)--
            ``(1) shall be used only for the benefit of the recipient 
        entity and not for the benefit of any individual or 
        organization other than the recipient; and
            ``(2) shall not displace an employee of the recipient or 
        result in a reduction in hours, wages, or employment benefits 
        of any employee of the recipient.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
chapter 303, title 18, United States Code, is amended by adding at the 
end the following new item:

``4047. Community service projects.''.

              TITLE VII--PRISON COMMISSARY ADMINISTRATION

SEC. 701. ADMINISTRATION OF FEDERAL PRISON COMMISSARIES.

    Section 4043 of title 18, United States Code, is amended by 
striking the current language and inserting the following:
    ``(a) The Director of the Bureau of Prisons may establish, operate, 
and maintain commissaries in Federal penal or correctional facilities, 
from and through which articles and services may be procured, sold, 
rendered, or otherwise provided or made available for the benefit of 
inmates confined within those facilities. Only those articles or 
services authorized by the Director of the Bureau of Prisons may be 
procured from or through prison commissaries for the use of inmates.
    ``(b) There is established in the Treasury of the United States a 
revolving fund to be called the Prison Commissary Fund which shall be 
available to the Federal Bureau of Prisons without fiscal-year 
limitation to carry out the purposes, functions and powers authorized 
by this section. Funds currently on deposit in the `Commissary Funds, 
Federal Prisons' account of the Treasury shall be transferred to the 
Prison Commissary Fund.
    ``(c) The Director of the Federal Bureau of Prisons may accept 
gifts or bequests of money for credit to the Fund. The Director may 
also accept gifts or bequests of other property, real or personal, for 
use or other disposition by the Bureau of Prisons. A gift or bequest 
under this section is a gift or bequest to or for the use of the United 
States under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
    ``(d) Amounts in the Prison Commissary Fund which are not currently 
needed for operations shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States and all earnings on 
such investments shall be deposited in the Prison Commissary Fund.
    ``(e) There shall be deposited in the Fund, subject to withdrawal 
by the Federal Bureau of Prisons--
            ``(1) revenues received from the sale of articles through 
        prison commissaries;
            ``(2) revenues received from services rendered by prison 
        commissaries;
            ``(3) a gift or bequest of money for credit to the Fund;
            ``(4) proceeds from the sale or disposal of donated 
        property, real or personal, for credit to the Fund; and
            ``(5) earnings or interest which may be derived from 
        investments of the Fund.
    ``(f) The fund shall be available for the payment of any expenses 
incurred by the Federal Bureau of Prisons in establishing, operating, 
and maintaining prison commissaries and the Prison Commissary Fund, 
including the employment of personnel, the purchase of equipment, 
security-related or otherwise, and those expenses incurred in the 
provision of articles or services procured, sold, rendered, or 
otherwise provided or made available to inmates.
    ``(g) The Director of the Bureau of Prisons is authorized to use 
monies from the Prison Commissary Fund for the general welfare of 
inmates. No inmate shall be entitled to any portion of the Fund.
    ``(h) Employees compensated by or through the Prison Commissary 
Fund may be assigned additional duties other than those directly 
related to commissary activities.
    ``(i) The provisions of sections 554 and 555 and 701 through 706 of 
title 5, United States Code, do not apply to the making of any 
determination, decision, or order under this section.''.

SEC. 702. TECHNICAL AMENDMENT.

    Section 1321(b) of title 31, United States Code, is amended by 
striking ``Commissary Funds, Federal Prisons''.

            Passed the House of Representatives February 10, 1995.

            Attest:

                                                                 Clerk.
                                     

104th CONGRESS

  1st Session

                               H. R. 667

_______________________________________________________________________

                                 AN ACT

          To control crime by incarcerating violent criminals.
```