(2) Discretionary allocation Fifteen percent of the sum of the amount available for Violent Offender Incarceration Grants for any fiscal year under subsection (a) of this section and any amount transferred under paragraph (3) for that fiscal year shall be allocated at the discretion of the Attorney General to States that have demonstrated the greatest need for such grants and the ability to best utilize the funds to meet the objectives of the grant program and ensure that prison cell space is available for the confinement of violent offenders. (3) Transfer of unused formula funds On September 30 of each of fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney General shall transfer to the discretionary program under paragraph (2) any funds made available for allocation under paragraph (1) that are not allocated to an eligible State under paragraph (1). (Pub. L. 103-322, title II, § 20103, Sept. 13, 1994, 108 Stat. 1817.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13702, 14214 of this title. § 13704. Matching requirement The Federal share of a grant received under this part may not exceed 75 percent of the costs of a proposal described in an application approved under this part. (Pub. L. 103-322, title II, § 20104, Sept. 13, 1994, 108 Stat. 1818.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14214 of this title. § 13705. Rules and regulations (a) The Attorney General shall issue rules and regulations regarding the uses of grant funds received under this part not later than 90 days after September 13, 1994. (b) If 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 that State for the purposes of allocation of any funds under this part. (Pub. L. 103-322, title II, § 20105, Sept. 13, 1994, 108 Stat. 1818.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14214 of this title. § 13706. Technical assistance and training The Attorney General may request that the Director of the National Institute of Corrections and the Director of the Federal Bureau of Prisons provide technical assistance and training to a State or States that receive a grant under this part to achieve the purposes of this part. (Pub. L. 103-322, title II, § 20106, Sept. 13, 1994, 108 Stat. 1818.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14214 of this title. § 13707. Evaluation The Attorney General may request the Director of the National Institute of Corrections to assist with an evaluation of programs established with funds under this part. (Pub. L. 103-322, title II, § 20107, Sept. 13, 1994, 108 Stat. 1818.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14214 of this title. § 13708. Definitions In this part "boot camp" means a correctional program of not more than 6 months' incarceration involving (A) assignment for participation in the program, in conformity with State law, by prisoners other than prisoners who have been convicted at any time of a violent felony; (B) adherence by inmates to a highly regimented schedule that involves strict discipline, physical training, and work; (C) participation by inmates in appropriate education, job training, and substance abuse counseling or treatment; and (D) post-incarceration aftercare services for participants that are coordinated with the program carried out during the period of imprisonment. "part 1 violent crimes" means murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports. "State" or "States” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (Pub. L. 103-322, title II, § 20108, Sept. 13, 1994, 108 Stat. 1818.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14214 of this title. § 13709. Authorization of appropriations There are authorized to be appropriated to carry out this part (1) $175,000,000 for fiscal year 1995; (2) $750,000,000 for fiscal year 1996; (3) $1,000,000,000 for fiscal year 1997; (4) $1,900,000,000 for fiscal year 1998; (5) $2,000,000,000 for fiscal year 1999; and (6) $2,070,000,000 for fiscal year 2000. (Pub. L. 103-322, title II, § 20109, Sept. 13, 1994, 108 Stat. 1818.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14214 of this title. (b) Assessment of construction components and designs The Attorney General may make an assessment of the cost efficiency and utility of using modular, prefabricated, precast, and pre-engineered construction components and designs for housing nonviolent criminals. (Pub. L. 103-322, title II, § 20407, Sept. 13, 1994, 108 Stat. 1826.) REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 103-322, Sept. 13, 1994, 108 Stat. 1796, known as the Violent Crime Control and Law Enforcement Act of 1994. For complete classification of this Act to the Code, see Short Title note set out under section 13701 of this title and Tables. § 13723. Congressional approval of any expansion at Lorton and congressional hearings on future needs (a) Congressional approval Notwithstanding any other provision of law, the existing prison facilities and complex at the District of Columbia Corrections Facility at Lorton, Virginia, shall not be expanded unless such expansion has been approved by the Congress under the authority provided to Congress in section 446 of the District of Columbia SelfGovernment and Governmental Reorganization Act [D.C. Code, § 47-304]. (b) Senate hearings The Senate directs the Subcommittee on the District of Columbia of the Committee on Appropriations of the Senate to conduct hearings regarding expansion of the prison complex in Lorton, Virginia, prior to any approval granted pursuant to subsection (a) of this section. The subcommittee shall permit interested parties, including appropriate officials from the County of Fairfax, Virginia, to testify at such hearings. (c) “Expanded” and “expansion” defined For purposes of this section, the terms "expanded" and "expansion" mean any alteration of the physical structure of the prison complex that is made to increase the number of inmates incarcerated at the prison. (Pub. L. 103-322, title II, § 20410, Sept. 13, 1994, 108 Stat. 1828.) REFERENCES IN TEXT Section 446 of the District of Columbia Self-Government and Governmental Reorganization Act, referred to in subsec. (a), is section 446 of Pub. L. 93-198, title IV, Dec. 24, 1973, 87 Stat. 801, as amended, which appears in section 47-304 of Title 47, Taxation and Fiscal Affairs, of the District of Columbia Code. § 13724. Conversion of closed military installations into Federal prison facilities (a) Study of suitable bases The Secretary of Defense and the Attorney General shall jointly conduct a study of all military installations selected before September 13, 1994, to be closed pursuant to a base closure law for the purpose of evaluating the suitability of any of these installations, or portions of these installations, for conversion into Federal prison facilities. As part of the study, the Secretary and the Attorney General shall identify the military installations so evaluated that are most suitable for conversion into Federal prison facilities. (b) Suitability for conversion In evaluating the suitability of a military installation for conversion into a Federal prison facility, the Secretary of Defense and the Attorney General shall consider the estimated cost to convert the installation into a prison facility and such other factors as the Secretary and the Attorney General consider to be appropriate. (c) Time for study The study required by subsection (a) of this section shall be completed not later than the date that is 180 days after September 13, 1994. (d) Construction of Federal prisons (1) In general In determining where to locate any new Federal prison facility, and in accordance with the Department of Justice's duty to review and identify a use for any portion of an installation closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526) and the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510), the Attorney General shall (A) consider whether using any portion of a military installation closed or scheduled to be closed in the region pursuant to a base closure law provides a cost-effective alternative to the purchase of real property or construction of new prison facilities; (B) consider whether such use is consistent with a reutilization and redevelopment plan; and (C) give consideration to any installation located in a rural area the closure of which will have a substantial adverse impact on the economy of the local communities and on the ability of the communities to sustain an economic recovery from such closure. (2) Consent With regard to paragraph (1)(B), consent must be obtained from the local re-use authority for the military installation, recognized and funded by the Secretary of Defense, before the Attorney General may proceed with plans for the design or construction of a prison at the installation. (3) Report on basis of decision Before proceeding with plans for the design or construction of a Federal prison, the Attorney General shall submit to Congress a report explaining the basis of the decision on where to locate the new prison facility. (4) Report on cost-effectiveness If the Attorney General decides not to utilize any portion of a closed military installation or an installation scheduled to be closed for locating a prison, the report shall include an analysis of why installations in the region, the use of which as a prison would be consist ent with a reutilization and redevelopment plan, does not provide a cost-effective alternative to the purchase of real property or construction of new prison facilities. (e) "Base closure law" defined In this section, “base closure law” means— (1) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and (2) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (Pub. L. 103-322, title II, § 20413, Sept. 13, 1994, 108 Stat. 1829.) REFERENCES IN TEXT The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsecs. (d)(1) and (e)(2), is Pub. L. 100-526, Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of the Act is set out as a note under section 2687 of Title 10, Armed Forces. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 2687 of Title 10 and Tables. The Defense Base Closure and Realignment Act of 1990, referred to in subsecs. (d)(1) and (e)(1), is part A of title XXIX of div. B of Pub. L. 101-510, Nov. 5, 1990, 104 Stat. 1808, which is set out as a note under section 2687 of Title 10. For complete classification of this Act to the Code, see Tables. § 13725. Correctional job training and placement (a) Purpose It is the purpose of this section to encourage and support job training programs, and job placement programs, that provide services to incarcerated persons or ex-offenders. (b) Definitions As used in this section: The term "correctional institution" means any prison, jail, reformatory, work farm, detention center, or halfway house, or any other similar institution designed for the confinement or rehabilitation of criminal offend ers. (2) Correctional job training or placement program The term "correctional job training or placement program" means an activity that provides job training or job placement services to incarcerated persons or ex-offenders, or that assists incarcerated persons or ex-offenders in obtaining such services. (3) Ex-offender The term "ex-offender" means any individual who has been sentenced to a term of probation by a Federal or State court, or who has been released from a Federal, State, or local correctional institution. (4) Incarcerated person The term "incarcerated person” means any individual incarcerated in a Federal or State correctional institution who is charged with or convicted of any criminal offense. (c) Establishment of Office (1) In general The Attorney General shall establish within the Department of Justice an Office of Correctional Job Training and Placement. The Office shall be headed by a Director, who shall be appointed by the Attorney General. (2) Timing The Attorney General shall carry out this subsection not later than 6 months after September 13, 1994. (d) Functions of Office The Attorney General, acting through the Director of the Office of Correctional Job Training and Placement, in consultation with the Secretary of Labor, shall (1) assist in coordinating the activities of the Federal Bonding Program of the Department of Labor, the activities of the Department of Labor related to the certification of eligibility for targeted jobs credits under section 51 of title 26 with respect to ex-offenders, and any other correctional job training or placement_program of the Department of Justice or Department of Labor; (2) provide technical assistance to State and local employment and training agencies that (A) receive financial assistance under this Act; or (B) receive financial assistance through other programs carried out by the Department of Justice or Department of Labor, for activities related to the development of employability; (3) prepare and implement the use of special staff training materials, and methods, for developing the staff competencies needed by State and local agencies to assist incarcerated persons and ex-offenders in gaining marketable occupational skills and job placement; (4) prepare and submit to Congress an annual report on the activities of the Office of Correctional Job Training and Placement, and the status of correctional job training or placement programs in the United States; (5) cooperate with other Federal agencies carrying out correctional job training or placement programs to ensure coordination of such programs throughout the United States; (6) consult with, and provide outreach to— (A) State job training coordinating councils, administrative entities, and private industry councils, with respect to programs carried out under this Act; and (B) other State and local officials, with respect to other employment or training programs carried out by the Department of Justice or Department of Labor; (7) collect from States information on the training accomplishments and employment outcomes of a sample of incarcerated persons and ex-offenders who were served by employment or training programs carried out, or that receive financial assistance through programs carried out, by the Department of Justice or Department of Labor; and (8)(A) collect from States and local governments information on the development and implementation of correctional job training or placement programs; and (B) disseminate such information, as appropriate. (Pub. L. 103-322, title II, § 20418, Sept. 13, 1994, 108 Stat. 1835.) REFERENCES IN TEXT This Act, referred to in subsec. (d)(2)(A), (6)(A), is Pub. L. 103-322, Sept. 13, 1994, 108 Stat. 1796, known as the Violent Crime Control and Law Enforcement Act of 1994. For complete classification of this Act to the Code, see Short Title note set out under section 13701 of this title and Tables. SUBCHAPTER II-CRIME PREVENTION PART A-OUNCE OF PREVENTION COUNCIL § 13741. Ounce of Prevention Council (a) Establishment (1) In general There is established an Ounce of Prevention Council (referred to in this subchapter as the "Council"), the members of which (A) shall include the Attorney General, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Agriculture, the Secretary of the Treasury, the Secretary of the Interior, and the Director of the Office of National Drug Control Policy; and (B) may include other officials of the executive branch as directed by the President. (2) Chair The President shall designate the Chair of the Council from among its members (referred to in this subchapter as the "Chair”). (3) Staff The Council may employ any necessary staff to carry out its functions, and may delegate any of its functions or powers to a member or members of the Council. (b) Program coordination For any program authorized under the Violent Crime Control and Law Enforcement Act of 1994, the Ounce of Prevention Council Chair, only at the request of the Council member with jurisdiction over that program, may coordinate that program, in whole or in part, through the Council. (c) Administrative responsibilities and powers In addition to the program coordination provided in subsection (b) of this section, the Council shall be responsible for such functions as coordinated planning, development of a comprehensive crime prevention program catalogue, provision of assistance to communities and community-based organizations seeking information regarding crime prevention programs and integrated program service delivery, and development of strategies for program integration and grant simplification. The Council shall have the authority to audit the expenditure of funds received by grantees under programs administered by or coordinated through the Council. In consultation with the Council, the Chair may issue regulations and guidelines to carry out this part and programs administered by or coordinated through the Council. (Pub. L. 103-322, title III, § 30101, Sept. 13, 1994, 108 Stat. 1836.) REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(1), (2), was in the original "this title", meaning title III of Pub. L. 103-322, Sept. 13, 1994, 108 Stat. 1836, which enacted this subchapter, sections 3796ff to 3796ff-4 of this title, and sections 6701 to 6720 of Title 31, Money and Finance, amended sections 3791, 3793, and 3797 of this title, sections 2502 to 2504, 2506, and 2512 of Title 16, Conservation, and section 3621 of Title 18, Crimes and Criminal Procedure, and enacted provisions set out as notes under section 13701 of this title and sections 6701 and 6702 of Title 31. For complete classification of title III to the Code, see Tables. The Violent Crime Control and Law Enforcement Act of 1994, referred to in subsec. (b), is Pub. L. 103-322, Sept. 13, 1994, 108 Stat. 1796. For complete classification of this Act to the Code, see Short Title note set out under section 13701 of this title and Tables. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14214 of this title. § 13742. Ounce of prevention grant program (a) In general The Council may make grants for— (1) summer and after-school (including weekend and holiday) education and recreation programs; (2) mentoring, tutoring, and other programs involving participation by adult role models (such as D.A.R.E. America); (3) programs assisting and promoting employability and job placement; and (4) prevention and treatment programs to reduce substance abuse, child abuse, and adolescent pregnancy, including outreach programs for at-risk families. (b) Applicants Applicants may be Indian tribal governments, cities, counties, or other municipalities, school boards, colleges and universities, private nonprofit entities, or consortia of eligible applicants. Applicants must show that a planning process has occurred that has involved organizations, institutions, and residents of target areas, including young people, and that there has been cooperation between neighborhoodbased entities, municipality-wide bodies, and local private-sector representatives. Applicants must demonstrate the substantial involvement of neighborhood-based entities in the carrying out of the proposed activities. Proposals must demonstrate that a broad base of collaboration and coordination will occur in the implementation of the proposed activities, involving cooperation among youth-serving organizations, schools, health and social service providers, employers, law enforcement professionals, local government, and residents of target areas, in cluding young people. Applications shall be geographically based in particular neighborhoods or sections of municipalities or particular seg. ments of rural areas, and applications shall demonstrate how programs will serve substantial proportions of children and youth resident in the target area with activities designed to have substantial impact on their lives. (c) Priority In making such grants, the Council shall give preference to coalitions consisting of a broad spectrum of community-based and social service organizations that have a coordinated team approach to reducing gang membership and the effects of substance abuse, and providing alternatives to at-risk youth. (d) Federal share (1) In general The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in the applications submitted under subsection (b) of this section for the fiscal year for which the projects receive assistance under this subchapter. (2) Waiver The Council may waive the 25 percent matching requirement under paragraph (1) upon making a determination that a waiver is equitable in view of the financial circumstances affecting the ability of the applicant to meet that requirement. (3) Non-Federal share The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including plant, equipment, and services. (4) Nonsupplanting requirement Funds made available under this subchapter to a governmental entity shall not be used to supplant State or local funds, or in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this subchapter, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs. (5) Evaluation The Council shall conduct a thorough evaluation of the programs assisted under this subchapter. (Pub. L. 103-322, title III, § 30102, Sept. 13, 1994, 108 Stat. 1837.) REFERENCES IN TEXT This part, referred to in subsec. (d)(1), appearing in the original is unidentifiable because subtitle A of title III of Pub. L. 103-322 does not contain parts. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14214 of this title. 'See References in Text note below. |