[Journal of the House of Representatives, 1994]
[Wednesday, April 20, 1994 (36), Para 36.9 Recorded Vote]
[Pages 660-662]
[From the U.S. Government Publishing Office, www.gpo.gov]
Para. 36.9 recorded vote
A recorded vote by electronic device was ordered in the Committee of
the Whole on the following amendments en bloc submitted by Mr. BROOKS:
At the end insert the following new title:
TITLE XXIV--CRIMINAL ALIENS
SEC. 2401. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
(a) Incarceration.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the
end the following:
``(j) Incarceration.--
``(1) If the chief official of the State (or, if
appropriate, a political subdivision of the State) exercising
authority with respect to the incarceration of an
undocumented criminal alien (sentenced to a determinate term
of imprisonment) submits a written request to the Attorney
General, the Attorney General shall, as determined by the
Attorney General--
``(A) enter into a contractual arrangement which provides
for compensation to the State of a political subdivision of
the State, as may be appropriate, with respect to the
incarceration of such undocumented criminal alien for such
determinate sentence of imprisonment, or
``(B) take the undocumented criminal alien into the custody
of the Federal Government and incarcerate such alien for such
determinate sentence of imprisonment.
``(2) Compensation under paragraph (1)(A) shall be
determined by the Attorney General and may not exceed the
median cost of incarceration of a prisoner in all maximum
security facilities in the United States as determined by the
Bureau of Justice Statistics.
``(3) For purposes of this subsection, the term
`undocumented criminal alien' means an alien who--
``(A) has been convicted of a felony and sentenced to a
term of imprisonment, and
``(B)(i) entered the United States without inspection or at
any time or place other than as designated by the Attorney
General,
``(ii) was the subject of exclusion or deportation
proceedings at the time he or she was taken into custody by
the State or a political subdivision of the State, or
``(iii) was admitted as a nonimmigrant and at the time he
or she was taken into custody by the State or a political
subdivision of the State has failed to maintain the
nonimmigrant status in which the alien was admitted or to
which it was changed under section 248, or to comply with the
conditions of any such status.
``(4)(A) In carrying out paragraph (1), the Attorney
General shall give priority to the Federal incarceration of
undocumented criminal aliens who have committed aggravated
felonies.
``(B) The Attorney General shall ensure that undocumented
criminal aliens incarcerated in Federal facilities pursuant
to this subsection are held in facilities which provide a
level of security appropriate to the crimes for which they
were convicted.''
(b) Effective Date.--The amendments made by this section
shall take effect October 1, 1994.
(c) Limitation.--The authority created in section 242(j) of
the Immigration and Nationality Act (as added by subsection
(a)) shall be subject to appropriation until October 1, 1998.
At the end of the bill add the following new title:
TITLE --NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION
SEC. . AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION
DATA BASES.
(a) Access.--The Attorney General shall amend existing
regulations (published at 28 C.F.R. 20.33(a)) to authorize
the dissemination of information from existing national crime
information databases, including the National Crime
Information Center and III (``Triple I''), to courts and
court personnel, civil or criminal, for use in domestic
violence or stalking cases. Nothing in this subsection shall
be construed to permit any person or court access to criminal
history record information for any other purpose or for any
other civil case other than for use in a stalking or domestic
violence case.
(b) Entry.--The Attorney General shall amend existing
regulations to permit Federal and State criminal justice
agencies, assigned to input information into national crime
information databases, to include arrests, warrants, and
orders for the protection of parties from stalking or
domestic violence, whether issued by a criminal, civil, or
family court. Such amendment shall include a definition of
criminal history information that covers warrants, arrests,
and orders for the protection of parties from stalking or
domestic violence. Nothing in this subsection shall be
construed to permit access to such information for any
purpose which is different than the purposes described in
subsection (a).
(c) Procedures.--The regulations required by subsection (a)
shall be proposed no later than 90 days after the date of the
enactment of this Act, after appropriate consultation with
the Director of the Federal Bureau of Investigation, the
officials charged with managing the National Crime
Information Center, and the National Crime Information Center
Advisory Policy Board. Final regulations shall be issued no
later than 180 days after the date of the enactment of this
Act.
SEC. . NONSERIOUS OFFENSE BAR.
The Attorney General shall amend existing regulations to
specify that the term ``nonserious offenses'', as used in 28
C.F.R. 20.32, does not include stalking or domestic violence
offenses. Nothing in this section is intended to change
current regulations requiring that juvenile offenses shall be
excluded from national crime information databases unless the
juvenile has been tried as an adult.
SEC. . PERFORMANCE GRANT PROGRAM.
(a) In General.--The Attorney General, through the Director
of the Bureau of Justice Assistance, is authorized to provide
performance grants to the States to improve processes for
entering data about stalking and domestic violence into
national crime information databases.
(b) Eligibility.--Eligible grantees under subsection (a)
are States that provide, in their application, that all
criminal justice agencies within their jurisdiction shall
enter into the National Crime Information Center all records
of (1) warrants for the arrest of persons violating civil
protection orders intended to protect victims from stalking
or domestic violence; (2) arrests of persons violating civil
protection orders intended to protect victims from stalking
or domestic violence; and (3) orders for the protection of
persons from violence, including stalking and domestic
violence.
(c) Performance-Based Distribution.--Eligible grantees
under subsection (a) shall be awarded 25 percent of their
grant moneys upon application approval as ``seed money'' to
cover start-up costs for the project funded by the grant.
Upon successful completion of the performance audit provided
in subsection (d), the grantees shall be awarded the
remaining sums in the grant.
(d) Performance Audit.--Within 6 months after the initial
25 percent of a grant is provided, the State shall report to
the Federal Bureau of Investigation and the Bureau of Justice
Assistance, the number of records included in national crime
information databases as a result of the grant funding,
including separate data for warrants, arrests, and protective
orders. If the State can show a substantial increase in the
number of records entered, then it shall be eligible for the
entire grant amount. However, the Director shall suspend
funding for an approved application if an applicant fails to
submit a 6 month performance report or if funds are expended
for purposes other than those set forth under this title.
Federal funds may be used to supplement, not supplant, State
funds.
(e) Grant Amount.--From amounts appropriated, the amount of
grants under subsection (a) shall be--
(1) $75,000 to each State; and
(2) That portion of the then remaining available money to
each State that results from a distribution among the States
on the basis of each State's population in relation to the
population of all States.
SEC. . APPLICATION REQUIREMENTS.
The application requirements provided in section 513 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) shall apply to grants made under this title. In
addition, applications shall include documentation showing--
(1) the need for grant funds and that State funding does
not already cover these operations;
(2) intended use of the grant funds, including a plan of
action to increase record input; and
(3) an estimate of expected results from the use of the
grant funds.
SEC. . DISBURSEMENT.
(a) General Rule.--No later than 30 days after the receipt
of an application under this title, the Director shall either
disburse the appropriate sums provided for under this title
or shall inform the applicant why the application does not
conform to the terms of section 513 of the Omnibus Crime
Control and Safe Streets Act of 1968 or to the requirements
of section of this title.
(b) Regulations.--In disbursing moneys under this title,
the Director of the Bureau of Justice Assistance shall issue
regulations to ensure that grantees give priority to the
areas with the greatest showing of need.
SEC. . FEDERAL NONMONETARY ASSISTANCE.
In addition to the assistance provided under the
performance grant program, the Attorney General may direct
any Federal agency, with or without reimbursement, to use its
authorities and the resources granted to it under Federal law
(including personnel, equipment, supplies, facilities, and
managerial, technical, and advisory services) in support of
State and local law enforcement efforts to combat stalking
and domestic violence.
SEC. . AUTHORIZATION.
There are authorized to be appropriated for each of the
fiscal years 1994, 1995, and 1996, $2,000,000 to carry out
the purposes of the Performance Grant Program under this
title.
SEC. . TRAINING PROGRAMS FOR JUDGES.
The National Institute of Justice, in conjunction with a
nationally recognized nonprofit organization expert in
stalking and domestic violence cases, shall conduct train-
[[Page 661]]
ing programs for judges to ensure that any judge issuing an
order in stalking or domestic violence cases has all
available criminal history and other information, whether
from State or Federal sources.
SEC. . RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The National Institute of Justice, after consulting a
nationally recognized nonprofit associations expert in data
sharing among criminal justice agencies and familiar with the
issues raised in stalking and domestic violence cases, shall
recommend proposals about how State courts may increase
intrastate communication between family courts, juvenile
courts, and criminal courts.
SEC. . INCLUSION IN NATIONAL INCIDENT-BASED REPORTING
SYSTEM.
Not later than 2 years after the date of enactment of this
Act, the Attorney General, in coordination with the Federal
Bureau of Investigation and the States, shall compile data
regarding stalking civil protective orders and other forms of
domestic violence as part of the National Incident-Based
Reporting System (NIBRS).
SEC. . REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an annual
report, beginning one year after the date of the enactment of
this Act, that reports information on the incidence of
stalking and other forms of domestic violence, and evaluates
the effectiveness of State anti-stalking efforts and
legislation.
SEC. . DEFINITIONS.
As used in this title--
(1) the term ``national crime information databases''
refers to the National Crime Information Center and its
incorporated criminal history databases, including III
(``Triple I'');
(2) the term ``stalking'' includes any conduct that would,
if proven, justify the issuance of an order of protection
under the stalking, or other, laws of the State in which it
occurred; and
(3) the term ``domestic violence'' includes any conduct
that would, if proven, justify the issuance of an order of
protection under the domestic violence, or other, laws of the
State in which it occurred.
At the end, add the following:
TITLE --PROTECTING THE PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE
RECORDS
SEC. . SHORT TITLE.
This title may be cited as the ``Driver's Privacy
Protection Act of 1994''.
SEC. . PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS.
Title 18, United States Code, is amended by inserting after
chapter 121 the following:
``CHAPTER 123--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS
``Sec. 2721. Prohibition on release and use of certain
personal information from State motor vehicle records
``(a) In General.--Except as provided in subsection (b), a
State department of motor vehicles, and any officer,
employee, or contractor thereof, shall not knowingly disclose
or otherwise make available to any person or entity personal
information about any individual obtained by the department
in connection with a motor vehicle record.
``(b) Permissible Uses.--Personal information referred to
in subsection (a) of this section shall be disclosed for
paragraphs (1) and (2) to carry out the purpose of the
Automobile Information Disclosure Act, the Motor Vehicle
Information and Cost Saving Act, the National Traffic and
Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
1992, and the Clean Air Act, and may be disclosed for
paragraphs (3) through (14), as follows:
``(1) For use by any Federal, State, or local agency,
including any court or law enforcement agency, in carrying
out its functions, or any private person or entity acting on
behalf of a Federal, State, or local agency in carrying out
its functions.
``(2) For use in connection with matters of motor vehicle
or driver safety and theft, motor vehicle emissions, motor
vehicle product alteration, recall or advisory, and motor
vehicle customer satisfaction.
``(3) For use in the normal course of business by a
legitimate business or its agents, employees, or contractors,
but only--
``(A) to verify the accuracy of personal information
submitted by the individual to the business or its agents,
employees, or contractors; and
``(B) if such information as so submitted is not correct or
is no longer correct, to obtain the correct information, but
only for the purposes of preventing fraud by, pursuing legal
remedies against, or recovering on a debt or security
interest against, the individual.
``(4) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any Federal, State,
or local court or agency or before any self-regulatory body,
including the service of process, investigation in
anticipation of litigation, and the execution or enforcement
of judgments and orders, or pursuant to an order of a
Federal, State, or local court
``(5) For use in research activities, including survey
research, and for use in producing statistical reports,
provided that the personal information is not published or
redisclosed and provided that the personal information is not
used to direct solicitations or marketing offers at the
individuals whose personal information is disclosed under
this paragraph.
``(6) For use by any insurer or insurance support
organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims
investigation activities, antifraud activities, rating or
underwriting.
``(7) For the purpose of providing notice of the owners of
towed or impounded vehicles.
``(8) For use by any licensed private investigative agency
or licensed security service for any purpose permitted under
this subsection,
``(9) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a
commercial driver's license that is required under the
Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App.
2710 et seq.).
``(10) For use in connection with the operation of private
toll transportation facilities.
``(11) For any other purpose in response to requests for
individual motor vehicle records if the motor vehicle
department has provided in a clear and conspicuous manner to
the individual to whom the information pertains an
opportunity to prohibit such disclosures.
``(12) For bulk distribution for marketing or solicitations
if the motor vehicle department has implemented methods and
procedures to ensure--
``(A) that individuals are provided an opportunity, in a
clear and conspicuous manner, to prohibit such disclosure;
and
``(B) that the information will be used, rented, or sold
solely for bulk distribution for marketing and solicitations,
and that such solicitations will not be directed at those
individuals who have requested in a timely fashion that they
not be directed at them.
`Methods and procedures' includes the motor vehicle
department's use of a mail preference list to remove from its
records before bulk distribution the names and personal
information of those individuals who have requested that
solicitations not be directed at them.
``(13) For use by any requestor, if the requestor
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
``(14) For any other purpose specifically authorized under
the law of the State that holds the record, if such purpose
is related to the operation of a motor vehicle or public
safety.
``(c) Resale or Redisclosure.--Any authorized recipient of
personal information may resell or redisclose the information
for any use permitted under subsection (b). Any authorized
recipient (except a recipient under subsections (b)(11) or
(12)) that resells or rediscloses personal information
covered by this title must keep for a period of 5 years
records identifying each person or entity that receives the
information and the permitted purpose for which the
information will be used.
``(d) Waiver Procedures.--A State motor vehicle department
may establish and carry out procedures under which the
department or its agents, upon receiving a request for
personal information that does not fall within one of the
exceptions in subsection (b), may mail a copy of the request
to the individual about whom the information was requested,
informing such individual of the request, together with a
statement to the effect that the information will not be
released unless the individual waives such individual's right
to privacy under this section.
Sec. 2722. Additional unlawful acts
``(a) Procurement for Unlawful Purpose.--It shall be
unlawful for any person knowingly to obtain or disclose
personal information, from a motor vehicle record, for any
purpose not permitted under section 2721(b) of this title.
``(b) False Representations.--It shall be unlawful for any
person to make false representation to obtain any personal
information from an individual's motor vehicle record.
Sec. 2723. Criminal penalty
``Any person that knowingly violates this chapter shall be
fined under this title.
Sec. 2724. Civil Action
``(a) Cause of Action.--A person who knowingly obtains,
discloses or uses personal information, derived from a motor
vehicle record, for a purpose not permitted under this
chapter shall be liable to the individual to whom the
information pertains, who may bring a civil action in a
United States district court.
``(b) Remedies.--The court may award--
``(1) actual damages, but not less than liquidated damages
in the amount of $2,500;
``(2) punitive damages upon proof of willful or reckless
disregard of the law;
``(3) reasonable attorneys' fees and other litigation costs
reasonably incurred; and
``(4) such other preliminary and equitable relief as the
court determines to be appropriate.
Sec. 2725. Definitions
``As used in this chapter--
``(1) ``motor vehicle record'' means any record that
pertains to a motor vehicle operator's permit, motor vehicle
title, motor vehicle registration, or identification card
issued by a department of motor vehicles;
``(2) ``personal information'' means information that
identifies an individual, including an individual's
photograph, social security number, driver identification
number, name, address (by not the 5-digit zip code),
telephone number, and medical or disability information. Such
term does not include in-
[[Page 662]]
formation on vehicular accidents, driving violations, and
driver's status; and
``(3) ``person'' means an individual, organization or
entity, but does not include a State or agency thereof.''.
SEC. . EFFECTIVE DATE.
This title shall take effect 3 years after the date of
enactment. in the interim, personal information covered by
this title may be released consistent with State law or
practice.
At the end of the bill insert the following:
TITLE --CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT
SEC. . EXHAUSTION REQUIREMENT.
Section 8 of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``in any action brought'' and inserting
``no action shall be brought'';
(ii) by striking ``the court shall'' and all that follows
through ``require exhaustion of'' and insert ``until''; and
(iii) by inserting ``are exhausted'' after ``available'';
and
(B) in paragraph (2), by inserting ``or are otherwise fair
and effective'' before the period at the end.
SEC. . FRIVOLOUS ACTIONS.
Section 8(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. . MODIFICATION OF REQUIRED MINIMUM STANDARDS.
Section 8(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. . REVIEW AND CERTIFICATION PROCEDURE CHANGES.
Section 8(c) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(c) is amended--
(1) in paragraph (1), by inserting ``or are otherwise fair
and effective'' before the period at the end; and
(2) in paragraph (2), by inserting ``or is no longer fair
and effective'' before the period at the end.
SEC. . 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'';
and
(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 failing 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.''.
At the end of the bill insert the following:
TITLE --PRISON OVERCROWDING
SEC. . APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) Amendment of Title 18, United States Code.--Subchapter
C of chapter 229 of part 2 of title 18, United States Code,
is amended by adding at the end the following.
``Sec. 3626. Appropriate remedies with respect to prison
crowding
``(a) Requirement of Showing With Respect To the Plaintiff
in Particular.--
``(1) Holding.--A Federal court shall not hold prison or
jail crowding unconstitutional under the eighth amendment
except to the extent that an individual plaintiff inmate
proves that the crowding causes the infliction of cruel and
unusual punishment of that inmate.
``(2) Relief.--The relief in a case described in paragraph
(1) shall extend no further than necessary to remove the
conditions that are causing the cruel and unusual punishment
of the plaintiff inmate.
``(b) Inmate Population Ceilings.--
``(1) Requirement of showing with respect to particular
prisoners.--A Federal court shall not place a ceiling on the
inmate population of any Federal, State, or local detention
facility as an equitable remedial measure for conditions that
violate the eighth amendment unless crowding is inflicting
cruel and usual punishment on particular identified
prisoners.
``(2) Rule of construction.--Paragraph (1) of this
subsection shall not be construed to have any effect on
Federal judicial power to issue equitable relief other than
that described in paragraph (1) of this subsection, including
the requirement of improved medical or health care and the
imposition of civil contempt fines or damages, where such
relief is appropriate.
``(c) Periodic Reopening.--Each Federal court order or
consent decree seeking to remedy an eighth amendment
violation shall be reopened at the behest of a defendant for
recommended modification at a minimum of 2-year intervals.''.
(b) Application of Amendment.--Section 3626 of title 18,
United States Code, as added by paragraph (1), shall apply to
all outstanding court orders on the date of enactment of this
Act. Any State or municipality shall be entitled to seek
modification of any outstanding eighth amendment decree
pursuant to that section.
(c) Clerical Amendment.--The table of sections at the
beginning of subchapter C of chapter 229 of title 18, United
States Code, is ameneded by adding at the end the following
new item:
``3626. Appropriate remedies with respect to prison crowding.''.
(d) Sunset Provision.--This section and the amendments made
by this section are repealed effective as of the date that is
5 years after the date of enactment of this Act.
Add at the end the following:
TITLE --PRISON SECURITY ENHANCEMENT
SEC. . 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. 4047. Strength-training of prisoners prohibited
``The Bureau of Prisons shall take care that--
``(1) prisoners under its jurisdiction do not engage in any
activities designed to increase their physical strength or
their fighting ability; and
``(2) that all equipment designed for this purpose be
removed from Federal correctional facilities.''
(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:
``4047. Strength-training of prisoners prohibited.''.
It was decided in the
Yeas
402
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affirmative
Nays
22