I
103D CONGRESS
2D SESSION
H. R. 3721
To provide grants to the Bureau of Justice Assistance to expand the capacity
of correctional facilities in the States, increase programs for major of-
fenders and parolees, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 25, 1994
Mr. ANDREWS of Texas introduced the following bill; which was referred joint-
ly to the Committees on the Judiciary, Ways and Means, Foreign Affairs,
Public Works and Transportation, Armed Services, Agriculture, Science,
Space, and Technology, Government Operations, Energy and Commerce,
Natural Resources, House Administration, Rules, Banking, Finance and
Urban Affairs, Veterans’ Affairs, Education and Labor, and Post Office
and Civil Service
A BILL
To provide grants to the Bureau of Justice Assistance to
expand the capacity of correctional facilities in the
States, increase programs for major offenders and parol-
ees, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Violent and Repeat
Offenders Act of 1994’’.
TITLE I—TARGETING HABITUAL
REPEAT AND VIOLENT CRIMI-
NAL OFFENDERS
Subtitle A—Expanding the Capac-
ity of State Correctional Facili-
ties
SEC. 101. GRANT AUTHORIZATION.
(a) IN GENERAL.—The Director of the Bureau of
Justice Assistance may make grants under this subtitle
to States to construct additional correctional facilities for
the purpose of increasing prison capacity to make habitual
repeat and violent criminal offenders serve the full term
of their sentences.
(b) CONSTRUCTION OF ADDITIONAL PRISONS.—The
construction referred to in subsection (a) should aim to
provide sufficient capacity to incarcerate habitual repeat
and violent criminal offenders who exhibit a high risk for
continued or violent criminal activity, for the full length
of their sentences, including—
(1) individuals with 3 or more arrests by the
age of 18, representing less than 2 percent of all ju-
veniles arrested, but who commit a disproportionate
share of crimes;
(2) individuals with a history of violent criminal
offenses, including murder, aggravated assault, rape,
and armed robbery; and
(3) individuals exhibiting a pattern of crimes of
premeditation and deliberation for whom a prison
stay may have a significant deterrent value.
(c) OPERATIONAL ASSISTANCE.—The Director of the
Bureau of Justice Assistance may make grants under this
subtitle to States to operate prison facilities, including
costs for administration and staff.
SEC. 102. STATE APPLICATIONS.
(a) IN GENERAL.—(1) To be eligible to receive a
grant under this subtitle, the chief executive of the State,
in consultation with the State Department of Corrections,
shall submit an application to the Director in such a form
and containing such information as the Director may rea-
sonably require.
(2) In such application, a State office or agency shall
be designated by the chief executive as the lead agency
responsible for the coordination, implementation, adminis-
tration, and evaluation of the services described in the ap-
plication in accordance with this subtitle.
(3) Each State application will contain assurances
that the lead agency will work in cooperation with the
State Department of Corrections, and other appropriate
State and local agencies to implement inter agency agree-
ments to carry out the provisions of this subtitle.
(b) GENERAL CONTENTS.—Each State application
under subsection (a) shall include—
(1) a description of the prison overcrowding
problems encountered in the areas and populations
to be served under this grant;
(2) assurances that Federal funds received
under this subtitle shall supplement, not supplant,
non-Federal funds that would otherwise be available
for activities funded under this subtitle; and
(3) assurances that the State has eliminated
parole for criminal offenders described in section
101(b).
(c) COMPREHENSIVE PLAN.—Each State application
shall include a comprehensive plan that contains—
(1) a description of the correctional facility
needs in the State, including relevant supporting
data;
(2) a description of the resources available to
build additional correctional facility capacity, to-
gether with an account of the expenses involved that
cannot be met with existing resources at the State
and local levels;
(3) an explanation of how the State will be able
to sustain the increased operation and maintenance
costs of expanded correctional facility capacity; and
(4) an evaluation component, including quan-
tifiable data, that measures progress toward meeting
the prison capacity goals under this subtitle.
SEC. 103. ALLOCATION OF FUNDS.
Funds appropriated for this subtitle shall be allocated
as follows:
(1) 0.4 percent shall be allocated to each of the
States; and
(2) of the total funds remaining after the allo-
cation under paragraph (1), there shall be allocated
to each State an amount which bears the same ratio
to the amount of remaining funds described in this
paragraph as the population of such State bears to
the population of all States.
SEC. 104. RENEWAL AND LIMITATIONS OF GRANTS.
(a) RENEWAL OF GRANTS.—A grant may be renewed
to each State up to 4 additional years after the initial
grant is awarded, subject to availability of funds, if the
Director determines that the funds were used in a manner
required under the approved application and if the appli-
cant can demonstrate significant progress in attaining the
stated goals of this subtitle.
(b) CONSTRUCTION FUNDS.—Funds allocated under
this subtitle shall be used only for the construction of cor-
rectional facilities. Funds provided under this subtitle
shall not be used for purposes of land acquisition or for
additional correctional facility operations and maintenance
costs.
(c) ADMINISTRATIVE COST LIMITATION.—The State
shall use not more than 5 percent of the funds available
under this subtitle for purposes of administration, tech-
nical assistance, and evaluation.
SEC. 105. GRANT AWARDS.
(a) APPROVAL.—The application submitted under
this subtitle shall be considered approved, in whole or in
part, by the Bureau not later than 45 days after first re-
ceived unless the Bureau informs the applicant of specific
reasons for disapproval.
(b) 
DISAPPROVAL
NOTICE
AND
RECONSIDER-
ATION.—The Bureau shall not disapprove any application
without first affording the applicant reasonable notice and
an opportunity for reconsideration.
SEC. 106. DEFINITIONS.
For purposes of this subtitle, the term ‘‘correctional
facilities’’ means high security prison facilities.