I

104TH CONGRESS

2D SESSION H. R. 2992

To combat crime.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 29, 1996

Mr. DOOLITTLE (for himself, Mr. SAM JOHNSON of Texas, Mr. BURTON of

Indiana, Mr. DORNAN, Mr. ISTOOK, Mr. HUTCHINSON, Mr. BARTLETT

of Maryland, Mr. HASTINGS of Washington, Mr. CHRISTENSEN, Mr.

WELLER, Mr. CUNNINGHAM, Mrs. SEASTRAND, Mr. STOCKMAN, Mr.

CREMEANS, Mr. ROHRABACHER, Mr. FROST, Mr. CRANE, Mr. HERGER,

Mr. SAXTON, Mr. COOLEY, Mr. HANCOCK, Mr. EWING, Mr.

HOSTETTLER, Mr. TIAHRT, Mr. BARR of Georgia, Mr. WELDON of Florida, Mrs. KELLY, and Mr. ENSIGN) introduced the following bill; which

was referred to the Committee on the Judiciary, and in addition to the

Committees on Economic and Educational Opportunities, International

Relations, Commerce, Resources, and Banking and Financial Services,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To combat crime.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Crime Prevention and

5 Family Protection Act of 1996’’.
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1 TITLE I—VICTIM RESTITUTION

2 ACT OF 1996’’.

3 SEC. 101. MANDATORY RESTITUTION AND OTHER PROVI4 SIONS.

5 (a) ORDER OF RESTITUTION.—Section 3663 of title

6 18, United States Code, is amended—

7 (1) in subsection (a)—

8 (A) in paragraph (1)—

9 (i) by striking ‘‘may order, in addition

10 to or, in the case of a misdemeanor, in lieu

11 of any other penalty authorized by law’’

12 and inserting ‘‘shall order’’; and

13 (ii) by adding at the end the follow14 ing: ‘‘The requirement of this paragraph

15 does not affect the power of the court to

16 impose any other penalty authorized by

17 law. In the case of a misdemeanor, the

18 court may impose restitution in lieu of any

19 other penalty authorized by law.’’;

20 (B) by adding at the end the following:

21 ‘‘(4) In addition to ordering restitution to the victim

22 of the offense of which a defendant is convicted, a court

23 may order restitution to any person who, as shown by a

24 preponderance of evidence, was harmed physically, emo-
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1 tionally, or pecuniarily, by unlawful conduct of the defend2 ant during—

3 ‘‘(A) the criminal episode during which the of4 fense occurred; or

5 ‘‘(B) the course of a scheme, conspiracy, or pat6 tern of unlawful activity related to the offense.’’;

7 (2) in subsection (b)(1)(B) by striking ‘‘imprac8 tical’’ and inserting ‘‘impracticable’’;

9 (3) in subsection (b)(2) by inserting ‘‘emotional

10 or’’ after ‘‘resulting in’’;

11 (4) in subsection (b)—

12 (A) by striking ‘‘and’’ at the end of para13 graph (4);

14 (B) by redesignating paragraph (5) as

15 paragraph (6); and

16 (C) by inserting after paragraph (4) the

17 following new paragraph:

18 ‘‘(5) in any case, reimburse the victim for lost

19 income and necessary child care, transportation, and

20 other expenses related to participation in the inves21 tigation or prosecution of the offense or attendance

22 at proceedings related to the offense; and’’;

23 (5) in subsection (c) by striking ‘‘If the court

24 decides to order restitution under this section, the’’

25 and inserting ‘‘The’’;
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1 (6) by striking subsections (d), (e), (f), (g), and

2 (h);

3 (7) by redesignating subsection (i) as subsection

4 (m); and

5 (8) by inserting after subsection (c) the follow6 ing:

7 ‘‘(d)(1) The court shall order restitution to a victim

8 in the full amount of the victim’s losses as determined by

9 the court and without consideration of—

10 ‘‘(A) the economic circumstances of the of11 fender; or

12 ‘‘(B) the fact that a victim has received or is

13 entitled to receive compensation with respect to a

14 loss from insurance or any other source.

15 ‘‘(2) Upon determination of the amount of restitution

16 owed to each victim, the court shall specify in the restitu17 tion order the manner in which and the schedule according

18 to which the restitution is to be paid, in consideration of—

19 ‘‘(A) the financial resources and other assets of

20 the offender;

21 ‘‘(B) projected earnings and other income of

22 the offender; and

23 ‘‘(C) any financial obligations of the offender,

24 including obligations to dependents.
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1 ‘‘(3) A restitution order may direct the offender to

2 make a single, lump-sum payment, partial payment at

3 specified intervals, or such in-kind payments as may be

4 agreeable to the victim and the offender. A restitution

5 order shall direct the offender to give appropriate notice

6 to victims and other persons in cases where there are mul7 tiple victims or other persons who may receive restitution,

8 and where the identity of such victims and other persons

9 can be reasonably determined.

10 ‘‘(4) An in-kind payment described in paragraph (3)

11 may be in the form of—

12 ‘‘(A) return of property;

13 ‘‘(B) replacement of property; or

14 ‘‘(C) services rendered to the victim or to a per15 son or organization other than the victim.

16 ‘‘(e) When the court finds that more than 1 offender

17 has contributed to the loss of a victim, the court may make

18 each offender liable for payment of the full amount of res19 titution or may apportion liability among the offenders to

20 reflect the level of contribution and economic cir21 cumstances of each offender.

22 ‘‘(f) When the court finds that more than 1 victim

23 has sustained a loss requiring restitution by an offender,

24 the court shall order full restitution to each victim but
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1 may provide for different payment schedules to reflect the

2 economic circumstances of each victim.

3 ‘‘(g)(1) If the victim has received or is entitled to re4 ceive compensation with respect to a loss from insurance

5 or any other source, the court shall order that restitution

6 be paid to the person who provided or is obligated to pro7 vide the compensation, but the restitution order shall pro8 vide that all restitution to victims required by the order

9 be paid to the victims before any restitution is paid to

10 such a provider of compensation.

11 ‘‘(2) The issuance of a restitution order shall not af12 fect the entitlement of a victim to receive compensation

13 with respect to a loss from insurance or any other source

14 until the payments actually received by the victim under

15 the restitution order fully compensate the victim for the

16 loss, at which time a person that has provided compensa17 tion to the victim shall be entitled to receive any payments

18 remaining to be paid under the restitution order.

19 ‘‘(3) Any amount paid to a victim under an order of

20 restitution shall be set off against any amount later recov21 ered as compensatory damages by the victim in—

22 ‘‘(A) any Federal civil proceeding; and

23 ‘‘(B) any State civil proceeding, to the extent

24 provided by the law of the State.

25 ‘‘(h) A restitution order shall provide that—
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1 ‘‘(1) all fines, penalties, costs, restitution pay2 ments and other forms of transfers of money or

3 property made pursuant to the sentence of the court

4 shall be made by the offender to an entity des5 ignated by the Director of the Administrative Office

6 of the United States Courts for accounting and pay7 ment by the entity in accordance with this sub8 section;

9 ‘‘(2) the entity designated by the Director of

10 the Administrative Office of the United States

11 Courts shall—

12 ‘‘(A) log all transfers in a manner that

13 tracks the offender’s obligations and the cur14 rent status in meeting those obligations, unless,

15 after efforts have been made to enforce the res16 titution order and it appears that compliance

17 cannot be obtained, the court determines that

18 continued recordkeeping under this subpara19 graph would not be useful; and

20 ‘‘(B) notify the court and the interested

21 parties when an offender is 30 days in arrears

22 in meeting those obligations; and

23 ‘‘(3) the offender shall advise the entity des24 ignated by the Director of the Administrative Office

25 of the United States Courts of any change in the of-
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1 fender’s address during the term of the restitution

2 order.

3 ‘‘(i) A restitution order shall constitute a lien against

4 all property of the offender and may be recorded in any

5 Federal or State office for the recording of liens against

6 real or personal property.

7 ‘‘(j) Compliance with the schedule of payment and

8 other terms of a restitution order shall be a condition of

9 any probation, parole, or other form of release of an of10 fender. If a defendant fails to comply with a restitution

11 order, the court may revoke probation or a term of super12 vised release, modify the term or conditions of probation

13 or a term of supervised release, hold the defendant in con14 tempt of court, enter a restraining order or injunction,

15 order the sale of property of the defendant, accept a per16 formance bond, or take any other action necessary to ob17 tain compliance with the restitution order. In determining

18 what action to take, the court shall consider the defend19 ant’s employment status, earning ability, financial re20 sources, the willfulness in failing to comply with the res21 titution order, and any other circumstances that may have

22 a bearing on the defendant’s ability to comply with the

23 restitution order.

24 ‘‘(k) An order of restitution may be enforced—

25 ‘‘(1) by the United States—
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1 ‘‘(A) in the manner provided for the collec2 tion and payment of fines in subchapter B of

3 chapter 229 of this title; or

4 ‘‘(B) in the same manner as a judgment in

5 a civil action; and

6 ‘‘(2) by a victim named in the order to receive

7 the restitution, in the same manner as a judgment

8 in a civil action.

9 ‘‘(l) A victim or the offender may petition the court

10 at any time to modify a restitution order as appropriate

11 in view of a change in the economic circumstances of the

12 offender.’’.

13 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU14 TION.—Section 3664 of title 18, United States Code, is

15 amended—

16 (1) by striking subsection (a);

17 (2) by redesignating subsections (b), (c), (d),

18 and (e) as subsections (a), (b), (c), and (d);

19 (3) by amending subsection (a), as redesignated

20 by paragraph (2), to read as follows:

21 ‘‘(a) The court may order the probation service of the

22 court to obtain information pertaining to the amount of

23 loss sustained by any victim as a result of the offense,

24 the financial resources of the defendant, the financial

25 needs and earning ability of the defendant and the defend-
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1 ant’s dependents, and such other factors as the court

2 deems appropriate. The probation service of the court

3 shall include the information collected in the report of

4 presentence investigation or in a separate report, as the

5 court directs.’’; and

6 (4) by adding at the end thereof the following

7 new subsection:

8 ‘‘(e) The court may refer any issue arising in connec9 tion with a proposed order of restitution to a magistrate

10 or special master for proposed findings of fact and rec11 ommendations as to disposition, subject to a de novo de12 termination of the issue by the court.’’.

13 TITLE II—VIOLENT CRIMINAL

14 INCARCERATION ACT OF 1996

15 Subtitle A—Truth in Sentencing

16 SEC. 201. TRUTH IN SENTENCING GRANT PROGRAM.

17 (a) IN GENERAL.—Title V of the Violent Crime Con18 trol and Law Enforcement Act of 1994 is amended to read

19 as follows:

20 ‘‘TITLE V—TRUTH IN

21 SENTENCING GRANTS

22 ‘‘SEC. 501. AUTHORIZATION OF GRANTS.

23 ‘‘(a) IN GENERAL.—The Attorney General is author24 ized to provide grants to eligible States and to eligible

25 States organized as a regional compact to build, expand,
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1 and operate space in correctional facilities in order to in2 crease the prison bed capacity in such facilities for the

3 confinement of persons convicted of a serious violent fel4 ony and to build, expand, and operate temporary or per5 manent correctional facilities, including facilities on mili6 tary bases and boot camp facilities, for the confinement

7 of convicted nonviolent offenders and criminal aliens for

8 the purpose of freeing suitable existing prison space for

9 the confinement of persons convicted of a serious violent

10 felony. Such grants may also be used to build, expand,

11 and operate secure youth correctional facilities.

12 ‘‘(b) LIMITATION.—An eligible State or eligible

13 States organized as a regional compact may receive either

14 a general grant under section 502 or a truth-in-sentencing

15 incentive grant under section 503.

16 ‘‘SEC. 502. GENERAL GRANTS.

17 ‘‘(a) DISTRIBUTION OF GENERAL GRANTS.—50 per18 cent of the total amount of funds made available under

19 this title for each of the fiscal years 1996 through 2001

20 shall be made available for general eligibility grants for

21 each State or States organized as a regional compact that

22 meets the requirements of subsection (b).

23 ‘‘(b) GENERAL GRANTS.—In order to be eligible to

24 receive funds under subsection (a), a State or States orga25 nized as a regional compact shall submit an application
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1 to the Attorney General that provides assurances that

2 such State since 1993 has—

3 ‘‘(1) increased the percentage of convicted vio4 lent offenders sentenced to prison;

5 ‘‘(2) increased the average prison time actually

6 to be served in prison by convicted violent offenders

7 sentenced to prison; and

8 ‘‘(3) increased the percentage of sentence to be

9 actually served in prison by violent offenders sen10 tenced to prison.

11 ‘‘SEC. 503. TRUTH-IN-SENTENCING GRANTS.

12 ‘‘(a) TRUTH-IN-SENTENCING INCENTIVE GRANTS.—

13 50 percent of the total amount of funds made available

14 under this title for each of the fiscal years 1996 through

15 2001 shall be made available for truth-in-sentencing incen16 tive grants to each State or States organized as a regional

17 compact that meet the requirements of subsection (b).

18 ‘‘(b) ELIGIBILITY FOR TRUTH-IN-SENTENCING IN19 CENTIVE GRANTS.—In order to be eligible to receive funds

20 under subsection (a), a State or States organized as a re21 gional compact shall submit an application to the Attorney

22 General that provides assurances that each State applying

23 has enacted laws and regulations which include—

24 ‘‘(1)(A) truth-in-sentencing laws which require

25 persons convicted of a serious violent felony serve
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1 not less than 85 percent of the sentence imposed or

2 85 percent of the court-ordered maximum sentence

3 for States that practice indeterminate sentencing; or

4 ‘‘(B) truth-in-sentencing laws which have been

5 enacted, but not yet implemented, that require such

6 State, not later than three years after such State

7 submits an application to the Attorney General, to

8 provide that persons convicted of a serious violent

9 felony serve not less than 85 percent of the sentence

10 imposed or 85 percent of the court-ordered maxi11 mum sentence for States that practice indeterminate

12 sentencing;

13 ‘‘(2) laws requiring that the sentencing or re14 leasing authorities notify and allow the victims of

15 the defendant or the family of such victims the op16 portunity to be heard regarding the issue of sentenc17 ing and any postconviction release; and

18 ‘‘(3) laws requiring that the releasing authority

19 notify the victims of serious violent felons or the

20 family of such victims and the convicting court re21 garding the release of a defendant.

22 ‘‘SEC. 504. SPECIAL RULES.

23 ‘‘(a) ADDITIONAL REQUIREMENTS.—To be eligible to

24 receive a grant under section 502 or 503, a State or States
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1 organized as a regional compact shall provide an assur2 ance to the Attorney General that—

3 ‘‘(1) to the extent practicable, inmate labor will

4 be used to build and expand correctional facilities;

5 ‘‘(2) each State will involve counties and other

6 units of local government, when appropriate, in the

7 construction, development, expansion, modification,

8 operation, or improvement of correctional facilities

9 designed to ensure the incarceration of offenders,

10 and that each State will share funds received under

11 this title with any county or other unit of local gov12 ernment that is housing State prisoners, taking into

13 account the burden placed on such county or unit of

14 local government in confining prisoners due to over15 crowding in State prison facilities in furtherance of

16 the purposes of this Act;

17 ‘‘(3) the State has implemented or will imple18 ment, not later than 18 months after the date of the

19 enactment of the Crime Prevention and Family Pro20 tection Act of 1996, policies to determine the vet21 eran status of inmates and to ensure that incarcer22 ated veterans receive the veterans benefits to which

23 they are entitled; and

24 ‘‘(4) the State has adopted procedures for the

25 collection of reliable statistical data which compiles
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1 the rate of serious violent felonies after the receipt

2 of grant funds under section 502 or section 503 in

3 comparison to the rate of serious violent felonies be4 fore receipt of such funds and will report such sta5 tistical data to the Attorney General if such data is

6 not already provided.

7 ‘‘(b) JUVENILE JUSTICE INCENTIVE.—Beginning in

8 fiscal year 1998, 15 percent of the funds that would other9 wise be available to a State under section 502 or 503 shall

10 be withheld from any State which does not have an eligible

11 system of consequential sanctions for juvenile offenders.

12 ‘‘(c) INDETERMINANT SENTENCING EXCEPTION.—

13 Notwithstanding the provisions of paragraphs (1) through

14 (3) of section 502(b), a State shall be eligible for grants

15 under this title, if the State, not later than the date of

16 the enactment of this title—

17 ‘‘(1) practices indeterminant sentencing; and

18 ‘‘(2) the average times served in such State for

19 the offenses of murder, rape, robbery, and assault

20 exceed, by 10 percent or greater, the national aver21 age of times served for such offenses.

22 ‘‘(d) AVAILABILITY OF FUNDS FOR JAIL CONSTRUC23 TION.—A State may use up to 15 percent of the funds

24 provided under this title for jail construction, if the Attor25 ney General determines that the State has enacted—
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1 ‘‘(1) legislation that provides for pretrial release

2 requirements at least as restrictive as those found in

3 section 3142 of title 18, United States Code; or

4 ‘‘(2) legislation that requires an individual

5 charged with an offense for which a sentence of

6 more than one year may be imposed, or charged

7 with an offense involving violence against another

8 person, may not be released before trial without a fi9 nancial guarantee to ensure appearance before

10 trial.’’.

11 ‘‘(e) EXCEPTION.—The requirements under section

12 503(b) shall apply, except that a State may provide that

13 the Governor of the State may allow for earlier release

14 of a geriatric prisoner or a prisoner whose medical condi15 tion precludes the prisoner from posing a threat to the

16 public after a public hearing in which representatives of

17 the public and the prisoner’s victims have an opportunity

18 to be heard regarding a proposed release.

19 ‘‘(f) FUNDS FOR JUVENILE OFFENDERS.—Notwith20 standing any other provision of this title, if a State or

21 unit of local government located in a State which other22 wise meets the requirements of section 502 or 503 certifies

23 to the Attorney General that exigent circumstances exist

24 which require that the State expend funds to confine juve25 nile offenders, the State may use funds received under this
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1 title to build, expand, and operate juvenile correctional fa2 cilities or pretrial detention facilities for such offenders.

3 ‘‘SEC. 505. FORMULA FOR GRANTS.

4 ‘‘To determine the amount of funds that each eligible

5 State or eligible States organized as a regional compact

6 may receive to carry out programs under section 502 or

7 503, the Attorney General shall apply the following

8 formula:

9 ‘‘(1) $500,000 or 0.40 percent, whichever is

10 greater, shall be allocated to each participating State

11 or compact, as the case may be; and

12 ‘‘(2) of the total amount of funds remaining

13 after the allocation under paragraph (1), there shall

14 be allocated to each State or compact, as the case

15 may be, an amount equal to the ratio that the num16 ber of part 1 violent crimes reported by such State

17 or States to the Federal Bureau of Investigation for

18 the most recent calendar year for which the data is

19 available.

20 ‘‘SEC. 506. ACCOUNTABILITY.

21 ‘‘(a) FISCAL REQUIREMENTS.—A State or States or22 ganized as a regional compact that receives funds under

23 this title shall use accounting, audit, and fiscal procedures

24 that conform to guidelines which shall be prescribed by

25 the Attorney General, including a requirement that any
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1 funds used to carry out the programs under section 501(a)

2 shall represent the best value for the State governments

3 at the lowest possible cost and employ the best available

4 technology.

5 ‘‘(b) REPORTING.—Each State that receives funds

6 under this title shall submit an annual report, beginning

7 on January 1, 1996, and each January 1 thereafter, to

8 the Congress regarding compliance with the requirements

9 of this title.

10 ‘‘(c) ADMINISTRATIVE PROVISIONS.—(1) The admin11 istrative provisions of sections 801 and 802 of the Omni12 bus Crime Control and Safe Streets Act of 1968 shall

13 apply to the Attorney General in the same manner as such

14 provisions apply to the officials listed in such sections.

15 ‘‘(2)(A) A State that receives funds under this title

16 shall, in such form and manner as the Attorney General

17 determines, and under such regulations as the Attorney

18 General shall prescribe, require that the appropriate public

19 authorities report promptly to the Attorney General the

20 death of each individual who dies in custody while in a

21 municipal or county jail, State prison, or other similar

22 place of confinement. Each such report shall include the

23 cause of death and all other facts relevant to the death

24 reported, which the person so reporting shall have the duty

25 to make a good faith effort to ascertain.
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1 ‘‘(B) The Attorney General shall annually publish a

2 report containing—

3 ‘‘(i) the number of deaths in each institution

4 for which a report was filed during the relevant re5 porting period;

6 ‘‘(ii) the cause of death and time of death for

7 each death so reported; and

8 ‘‘(iii) such other information about the death as

9 the Attorney General deems relevant.

10 ‘‘SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘(a) IN GENERAL.—There are authorized to be ap12 propriated to carry out this title—

13 ‘‘(1) $997,500,000 for fiscal year 1996;

14 ‘‘(2) $1,330,000,000 for fiscal year 1997;

15 ‘‘(3) $2,527,000,000 for fiscal year 1998;

16 ‘‘(4) $2,660,000,000 for fiscal year 1999; and

17 ‘‘(5) $2,753,100,000 for fiscal year 2000.

18 ‘‘(b) LIMITATIONS ON FUNDS.—

19 ‘‘(1) USES OF FUNDS.—Funds made available

20 under this title may be used to carry out the pur21 poses described in section 501(a).

22 ‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds

23 made available under this section shall not be used

24 to supplant State funds, but shall be used to in25 crease the amount of funds that would, in the ab-
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1 sence of Federal funds, be made available from

2 State sources.

3 ‘‘(3) ADMINISTRATIVE COSTS.—Not more than

4 three percent of the funds available under this sec5 tion may be used for administrative costs.

6 ‘‘(4) MATCHING FUNDS.—The Federal share of

7 a grant received under this title may not exceed 75

8 percent of the costs of a proposal as described in an

9 application approved under this title.

10 ‘‘(5) CARRY OVER OF APPROPRIATIONS.—Any

11 funds appropriated but not expended as provided by

12 this section during any fiscal year shall remain avail13 able until expended.

14 ‘‘(6) TRANSFER OF UNALLOCATED FUNDS.—

15 After making the distribution to all eligible States

16 required under section 503, the Attorney General

17 may transfer as provided in this paragraph, in such

18 amounts as may be provided in appropriations Acts,

19 any remaining unallocated funds which have been

20 available for more than two fiscal years, but all such

21 funds shall be available for the purposes of this

22 paragraph after fiscal year 2000. Funds transferred

23 under this paragraph may be made available for ex24 penses of the Immigration and Nationalization Serv25 ice for investigators and for expenses of the Bureau
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1 of Prisons, the Federal Bureau of Investigations and

2 the United States Attorneys for activities and oper3 ations related to the investigation, prosecution and

4 conviction of persons accused of a serious violent fel5 ony, and the incarceration of persons convicted of

6 such offenses, including the National Institute of

7 Justice for law enforcement technology programs.

8 ‘‘SEC. 508. PAYMENTS TO STATES FOR INCARCERATION OF

9 CRIMINAL ALIENS.

10 ‘‘(a) RESERVATION OF FUNDS.—Notwithstanding

11 any other provision of this title, for each of the fiscal years

12 1996, 1997, 1998, 1999, and 2000 from amounts appro13 priated under section 507, the Attorney General shall first

14 reserve an amount which when added to amounts appro15 priated to carry out section 242(j) of the Immigration and

16 Nationality Act for such fiscal year equals $650,000,000.

17 ‘‘(b) PAYMENTS TO ELIGIBLE STATES.—

18 ‘‘(1) Notwithstanding any other provision of

19 this title, for each of the fiscal years 1996, 1997,

20 1998, 1999, and 2000 from amounts reserved under

21 subsection (a), the Attorney General shall make a

22 payment to each State which is eligible under section

23 242(j) of the Immigration and Nationality Act and

24 which meets the eligibility requirements of section

25 503(b), in such amount as is determined under sec-
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1 tion 242(j) and for which payment is not made to

2 such State for such fiscal year under such section.

3 ‘‘(2) For any fiscal year, payments made to

4 States under paragraph (1) may not exceed the

5 amount reserved for such fiscal year under sub6 section (a).

7 ‘‘(c) USE OF UNOBLIGATED FUNDS.—For any fiscal

8 year, amounts reserved under subsection (a) which are not

9 obligated by the end of that fiscal year under subsection

10 (b) shall not be available for payments under this section

11 for any subsequent fiscal year, but shall be available, in

12 equal amounts, to the Attorney General only for grants

13 under sections 502 and 503.

14 ‘‘(d) REPORT TO CONGRESS.—Not later than May

15 15, 1999, the Attorney General shall submit a report to

16 the Congress which contains the recommendation of the

17 Attorney General concerning the extension of the program

18 under this section.’’.

19 ‘‘SEC. 509. DEFINITIONS.

20 ‘‘As used in this title—

21 ‘‘(1) the term ‘indeterminate sentencing’ means

22 a system by which—

23 ‘‘(A) the court has discretion on imposing

24 the actual length of the sentence imposed, up to

25 the statutory maximum; and
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1 ‘‘(B) an administrative agency, generally

2 the parole board, controls release between

3 court-ordered minimum and maximum sen4 tence;

5 ‘‘(2) the term ‘serious violent felony’ means—

6 ‘‘(A) an offense that is a felony and has as

7 an element the use, attempted use, or threat8 ened use of physical force against the person or

9 property of another and has a maximum term

10 of imprisonment of 10 years or more,

11 ‘‘(B) any other offense that is a felony and

12 that, by its nature, involves a substantial risk

13 that physical force against the person or prop14 erty of another may be used in the course of

15 committing the offense and has a maximum

16 term of imprisonment of 10 years or more, or

17 ‘‘(C) such crimes including murder, assault

18 with intent to commit murder, arson, armed

19 burglary, rape, assault with intent to commit

20 rape, kidnapping, and armed robbery;

21 ‘‘(3) the term ‘State’ means a State of the

22 United States, the District of Columbia, or any com23 monwealth, territory, or possession of the United

24 States; and
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1 ‘‘(4) the term ‘an eligible system of consequen2 tial sanctions for juvenile offenders’ means that the

3 State or States organized as a regional compact, as

4 the case may be—

5 ‘‘(A)(i) have established or are in the proc6 ess of establishing a system of sanctions for the

7 State’s juvenile justice system in which the

8 State bases dispositions for juveniles on a scale

9 of increasingly severe sanctions for the commis10 sion of a repeat delinquent act, particularly if

11 the subsequent delinquent act committed by

12 such juvenile is of similar or greater seriousness

13 or if a court dispositional order for a delinquent

14 act is violated; and

15 ‘‘(ii) such dispositions should, to the extent

16 practicable, require the juvenile delinquent to

17 compensate victims for losses and compensate

18 the juvenile justice authorities for supervision

19 costs;

20 ‘‘(B) impose a sanction on each juvenile

21 adjudicated delinquent;

22 ‘‘(C) require that a State court concur in

23 allowing a juvenile to be sent to a diversionary

24 program in lieu of juvenile court proceedings;
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1 ‘‘(D) have established and maintained an

2 effective system that requires the prosecution of

3 at least those juveniles who are 14 years of age

4 and older as adults, rather than in juvenile pro5 ceedings, for conduct constituting—

6 ‘‘(i) murder or attempted murder;

7 ‘‘(ii) robbery while armed with a dead8 ly weapon;

9 ‘‘(iii) battery while armed with a

10 deadly weapon;

11 ‘‘(iv) forcible rape;

12 ‘‘(v) any other crime the State deter13 mines appropriate; and

14 ‘‘(vi) the fourth or subsequent occa15 sion on which such juveniles engage in an

16 activity for which adults could be impris17 oned for a term exceeding 1 year;

18 unless, on a case-by-case basis, the transfer of

19 such juveniles for disposition in the juvenile jus20 tice system is determined under State law to be

21 in the interest of justice;

22 ‘‘(E) require that whenever a juvenile is

23 adjudicated in a juvenile proceeding to have en24 gaged in the conduct constituting an offense de25 scribed in subparagraph (D) that—
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1 ‘‘(i) a record is kept relating to that

2 adjudication which is—

3 ‘‘(I) equivalent to the record that

4 would be kept of an adult conviction

5 for that offense;

6 ‘‘(II) retained for a period of

7 time that is equal to the period of

8 time records are kept for adult convic9 tions; and

10 ‘‘(III) made available to law en11 forcement officials to the same extent

12 that a record of an adult conviction

13 would be made available;

14 ‘‘(ii) the juvenile is fingerprinted and

15 photographed, and the fingerprints and

16 photograph are sent to the Federal Bureau

17 of Investigation; and

18 ‘‘(iii) the court in which the adjudica19 tion takes place transmits to the Federal

20 Bureau of Investigation the information

21 concerning the adjudication, including the

22 name and birth date of the juvenile, date

23 of adjudication, and disposition;

24 ‘‘(F) where practicable and appropriate,

25 require parents to participate in meeting the
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1 dispositional requirements imposed on the juve2 nile by the court;

3 ‘‘(G) have consulted with any units of local

4 government responsible for secure youth correc5 tional facilities in setting priorities for construc6 tion, development, expansion and modification,

7 operation or improvement of juvenile facilities,

8 and to the extent practicable, ensure that the

9 needs of entities currently administering juve10 nile facilities are addressed; and

11 ‘‘(H) have in place or are putting in place

12 systems to provide objective evaluations of State

13 and local juvenile justice systems to determine

14 such systems’ effectiveness in protecting the

15 community, reducing recidivism, and ensuring

16 compliance with dispositions.’’.

17 (b) PREFERENCE IN PAYMENTS UNDER SECTION

18 242 (j) OF IMMIGRATION AND NATIONALITY ACT.—Sec19 tion 242(j)(4) of the Immigration and Nationality Act (8

20 U.S.C. 1252(j)(4)) is amended by adding at the end the

21 following:

22 ‘‘(C) In carrying out paragraph (1)(A), the

23 Attorney General shall give preference in mak24 ing payments to States and political subdivi25 sions of States which are ineligible for pay-
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1 ments under section 508 of the Violent Crime

2 Control and Law Enforcement Act of 1994.’’.

3 SEC. 202. CONFORMING AMENDMENTS.

4 (a) OMNIBUS CRIME CONTROL AND SAFE STREETS

5 ACT OF 1968.—

6 (1) PART V.—Part V of title I of the Omnibus

7 Crime Control and Safe Streets Act of 1968 is re8 pealed.

9 (2) FUNDING.—(A) Section 1001(a) of the Om10 nibus Crime Control and Safe Streets Act of 1968

11 is amended by striking paragraph (20).

12 (B) Notwithstanding the provisions of subpara13 graph (A), any funds that remain available to an ap14 plicant under paragraph (20) of title I of the Omni15 bus Crime Control and Safe Streets Act of 1968

16 shall be used in accordance with part V of such Act

17 as such Act was in effect on the day preceding the

18 date of enactment of this title.

19 (b) VIOLENT CRIME CONTROL AND LAW ENFORCE20 MENT ACT OF 1994.—

21 (1) REPEAL.—(A) Subtitle A of title II of the

22 Violent Crime Control and Law Enforcement Act of

23 1994 is repealed.

24 (B) The table of contents of the Violent Crime

25 Control and Law Enforcement Act of 1994 is
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1 amended by striking the matter relating to subtitle

2 A of title II.

3 (2) COMPLIANCE.—Notwithstanding the provi4 sions of paragraph (1), any funds that remain avail5 able to an applicant under subtitle A of title II of

6 the Violent Crime Control and Law Enforcement

7 Act of 1994 shall be used in accordance with such

8 subtitle as such subtitle was in effect on the day

9 preceding the date of enactment of this title.

10 (3) TRUTH-IN-SENTENCING.—The table of con11 tents of the Violent Crime Control and Law En12 forcement Act of 1994 is amended by striking the

13 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.’’.

14 Subtitle B—Stopping Abusive

15 Prisoner Lawsuits

16 SEC. 211. EXHAUSTION REQUIREMENT.

17 Section 7(a)(1) of the Civil Rights of Institutionalized

18 Persons Act (42 U.S.C. 1997e) is amended—

19 (1) by striking ‘‘in any action brought’’ and in20 serting ‘‘no action shall be brought’’;
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1 (2) by striking ‘‘the court shall’’ and all that

2 follows through ‘‘require exhaustion of’’ and insert

3 ‘‘until’’; and

4 (3) by inserting ‘‘are exhausted’’ after ‘‘avail5 able’’.

6 SEC. 212. FRIVOLOUS ACTIONS.

7 Section 7(a) of the Civil Rights of Institutionalized

8 Persons Act (42 U.S.C. 1997e(a)) is amended by adding

9 at the end the following:

10 ‘‘(3) The court shall on its own motion or on motion

11 of a party dismiss any action brought pursuant to section

12 1979 of the Revised Statutes of the United States by an

13 adult convicted of a crime and confined in any jail, prison,

14 or other correctional facility if the court is satisfied that

15 the action fails to state a claim upon which relief can be

16 granted or is frivolous or malicious.’’.

17 SEC. 213. MODIFICATION OF REQUIRED MINIMUM STAND18 ARDS.

19 Section 7(b)(2) of the Civil Rights of Institutionalized

20 Persons Act (42 U.S.C. 1997e(b)(2)) is amended by strik21 ing subparagraph (A) and redesignating subparagraphs

22 (B) through (E) as subparagraphs (A) through (D), re23 spectively.
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1 SEC. 214. PROCEEDINGS IN FORMA PAUPERIS.

2 (a) DISMISSAL.—Section 1915(d) of title 28, United

3 States Code, is amended—

4 (1) by inserting ‘‘at any time’’ after ‘‘counsel

5 and may’’;

6 (2) by striking ‘‘and may’’ and inserting ‘‘and

7 shall’’;

8 (3) by inserting ‘‘fails to state a claim upon

9 which relief may be granted or’’ after ‘‘that the ac10 tion’’; and

11 (4) by inserting ‘‘even if partial filing fees have

12 been imposed by the court’’ before the period.

13 (b) PRISONER’S STATEMENT OF ASSETS.—Section

14 1915 of title 28, United States Code, is amended by add15 ing at the end the following:

16 ‘‘(f) If a prisoner in a correctional institution files

17 an affidavit in accordance with subsection (a) of this sec18 tion, such prisoner shall include in that affidavit a state19 ment of all assets such prisoner possesses. The court shall

20 make inquiry of the correctional institution in which the

21 prisoner is incarcerated for information available to that

22 institution relating to the extent of the prisoner’s assets.

23 The court shall require full or partial payment of filing

24 fees according to the prisoner’s ability to pay.’’.
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1 Subtitle C—Stop Turning Out

2 Prisoners

3 SEC. 221. APPROPRIATE REMEDIES FOR PRISON CONDI4 TIONS.

5 (a) IN GENERAL.—Section 3626 of title 18, United

6 States Code, is amended to read as follows:

7 ‘‘§ 3626. Appropriate remedies with respect to prison

8 conditions

9 ‘‘(a) REQUIREMENTS FOR RELIEF.—

10 ‘‘(1) LIMITATIONS ON PROSPECTIVE RELIEF.—

11 Prospective relief in a civil action with respect to

12 prison conditions shall extend no further than nec13 essary to remove the conditions that are causing the

14 deprivation of the Federal rights of individual plain15 tiffs in that civil action. The court shall not grant

16 or approve any prospective relief unless the court

17 finds that such relief is narrowly drawn and the

18 least intrusive means to remedy the violation of the

19 Federal right. In determining the intrusiveness of

20 the relief, the court shall give substantial weight to

21 any adverse impact on public safety or the operation

22 of a criminal justice system caused by the relief.

23 ‘‘(2) PRISON POPULATION REDUCTION RE24 LIEF.—In any civil action with respect to prison con25 ditions, the court shall not grant or approve any re-
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1 lief whose purpose or effect is to reduce or limit the

2 prison population, unless the plaintiff proves that

3 crowding is the primary cause of the deprivation of

4 the Federal right and no other relief will remedy

5 that deprivation.

6 ‘‘(b) TERMINATION OF RELIEF.—

7 ‘‘(1) AUTOMATIC TERMINATION OF PROSPEC8 TIVE RELIEF AFTER 2-YEAR PERIOD.—In any civil

9 action with respect to prison conditions, any pro10 spective relief shall automatically terminate 2 years

11 after the later of—

12 ‘‘(A) the date the court found the violation

13 of a Federal right that was the basis for the re14 lief; or

15 ‘‘(B) the date of the enactment of the Stop

16 Turning Out Prisoners Act.

17 ‘‘(2) IMMEDIATE TERMINATION OF PROSPEC18 TIVE RELIEF.—In any civil action with respect to

19 prison conditions, a defendant or intervenor shall be

20 entitled to the immediate termination of any pro21 spective relief, if that relief was approved or granted

22 in the absence of a finding by the court that prison

23 conditions violated a Federal right.

24 ‘‘(c) PROCEDURE FOR MOTIONS AFFECTING PRO25 SPECTIVE RELIEF.—
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1 ‘‘(1) GENERALLY.—The court shall promptly

2 rule on any motion to modify or terminate prospec3 tive relief in a civil action with respect to prison con4 ditions.

5 ‘‘(2) AUTOMATIC STAY.—Any prospective relief

6 subject to a pending motion shall be automatically

7 stayed during the period—

8 ‘‘(A) beginning on the 30th day after such

9 motion is filed, in the case of a motion made

10 under subsection (b); and

11 ‘‘(B) beginning on the 180th day after

12 such motion is filed, in the case of a motion

13 made under any other law;

14 and ending on the date the court enters a final order

15 ruling on that motion.

16 ‘‘(d) STANDING.—Any Federal, State, or local official

17 or unit of government—

18 ‘‘(1) whose jurisdiction or function includes the

19 prosecution or custody of persons in a prison subject

20 to; or

21 ‘‘(2) who otherwise is or may be affected by;

22 any relief whose purpose or effect is to reduce or limit

23 the prison population shall have standing to oppose the

24 imposition or continuation in effect of that relief and may

25 intervene in any proceeding relating to that relief. Stand-
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1 ing shall be liberally conferred under this subsection so

2 as to effectuate the remedial purposes of this section.

3 ‘‘(e) SPECIAL MASTERS.—In any civil action in a

4 Federal court with respect to prison conditions, any spe5 cial master or monitor shall be a United States magistrate

6 and shall make proposed findings on the record on com7 plicated factual issues submitted to that special master or

8 monitor by the court, but shall have no other function.

9 The parties may not by consent extend the function of

10 a special master beyond that permitted under this sub11 section.

12 ‘‘(f) ATTORNEY’S FEES.—No attorney’s fee under

13 section 722 of the Revised Statutes of the United States

14 (42 U.S.C. 1988) may be granted to a plaintiff in a civil

15 action with respect to prison conditions except to the ex16 tent such fee is—

17 ‘‘(1) directly and reasonably incurred in proving

18 an actual violation of the plaintiff’s Federal rights;

19 and

20 ‘‘(2) proportionally related to the extent the

21 plaintiff obtains court ordered relief for that viola22 tion.

23 ‘‘(g) DEFINITIONS.—As used in this section—

24 ‘‘(1) the term ‘prison’ means any Federal,

25 State, or local facility that incarcerates or detains
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1 juveniles or adults accused of, convicted of, sen2 tenced for, or adjudicated delinquent for, violations

3 of criminal law;

4 ‘‘(2) the term ‘relief’ means all relief in any

5 form which may be granted or approved by the

6 court, and includes consent decrees and settlement

7 agreements (except a settlement agreement the

8 breach of which is not subject to any court enforce9 ment other than reinstatement of the civil proceed10 ing which such agreement settled); and

11 ‘‘(3) the term ‘prospective relief’ means all re12 lief other than compensatory monetary damages.’’.

13 (b) APPLICATION OF AMENDMENT.—Section 3626 of

14 title 18, United States Code, as amended by this section,

15 shall apply with respect to all relief (as defined in such

16 section) whether such relief was originally granted or ap17 proved before, on, or after the date of the enactment of

18 this title.

19 (c) CLERICAL AMENDMENT.—The item relating to

20 section 3626 in the table of sections at the beginning of

21 subchapter C of chapter 229 of title 18, United States

22 Code, is amended by striking ‘‘crowding’’ and inserting

23 ‘‘conditions’’.
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1 Subtitle D—Enhancing Protection

2 Against Incarcerated Criminals

3 SEC. 231. PRISON SECURITY.

4 (a) IN GENERAL.—Chapter 303 of title 18, United

5 States Code, is amended by adding at the end the follow6 ing new section:

7 ‘‘§ 4047. Strength-training of prisoners prohibited

8 ‘‘The Bureau of Prisons shall ensure that—

9 ‘‘(1) prisoners under its jurisdiction do not en10 gage in any physical activities designed to increase

11 their fighting ability; and

12 ‘‘(2) all equipment designed for increasing the

13 strength or fighting ability of prisoners promptly be

14 removed from Federal correctional facilities and not

15 be introduced into such facilities thereafter except as

16 needed for a medically required program of physical

17 rehabilitation approved by the Director of the Bu18 reau of Prisons.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections

20 at the beginning of chapter 303 of title 18, United States

21 Code, is amended by adding at the end the following new

22 item:

‘‘4047. Strength-training of prisoners prohibited.’’.
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1 Subtitle E—Prison Conditions

2 SEC. 241. PRISON CONDITIONS.

3 (a) IN GENERAL.—The Attorney General shall by

4 rule establish standards regarding conditions in the Fed5 eral prison system that provide prisoners the least amount

6 of amenities and personal comforts consistent with Con7 stitutional requirements and good order and discipline in

8 the Federal prison system.

9 (b) RULE OF CONSTRUCTION.—Nothing in this sec10 tion shall be construed to establish or recognize any mini11 mum rights or standards for prisoners.

12 SEC. 242. ANNUAL REPORT.

13 The director of the Bureau of Prisons shall submit

14 to Congress on or before December 31 of each year, begin15 ning on December 31, 1996, a report setting forth the

16 amount spent at each Federal correctional facility under

17 the jurisdiction of the Bureau of Prisons for each of the

18 following items:

19 (1) The minimal requirements necessary to

20 maintain custody and security of prisoners.

21 (2) Basic nutritional needs.

22 (3) Essential medical services.

23 (4) Amenities and programs beyond the scope

24 of the items referred to in paragraphs (1) through

25 (3), including but not limited to—
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1 (A) recreational programs and facilities;

2 (B) vocational and educational programs;

3 and

4 (C) counseling services, together with the

5 rationale for spending on each category and em6 pirical data, if any, supporting such rationale.

7 Subtitle F—Community Service

8 Projects

9 SEC. 251. BUREAU OF PRISONS COMMUNITY SERVICE

10 PROJECTS.

11 (a) IN GENERAL.—Chapter 303 of title 18, United

12 States Code, is amended by adding at the end the follow13 ing:

14 ‘‘§ 4048. Community service projects

15 ‘‘(a) Subject to the limitations of subsection (b), the

16 Chief Executive Officer of a Federal penal or correctional

17 facility may, as part of an inmate work program, provide

18 services to private, nonprofit organizations, as defined in

19 section 501(c)(3) of the Internal Revenue Code of 1986,

20 or to a component of any State government or political

21 subdivision thereof. Such services shall be provided pursu22 ant to rules prescribed by the Attorney General.

23 ‘‘(b) Services provided under subsection (a)—
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1 ‘‘(1) shall be used only for the benefit of the re2 cipient entity and not for the benefit of any individ3 ual or organization other than the recipient; and

4 ‘‘(2) shall not displace an employee of the recip5 ient or result in a reduction in hours, wages, or em6 ployment benefits of any employee of the recipient.’’.

7 (b) CLERICAL AMENDMENT.—The table of chapters

8 at the beginning of chapter 303, title 18, United States

9 Code, is amended by adding at the end the following new

10 item:

‘‘4048. Community service projects.’’.

11 Subtitle G—Prison Commissary

12 Administration

13 SEC. 261. ADMINISTRATION OF FEDERAL PRISON COM14 MISSARIES.

15 Section 4043 of title 18, United States Code, is

16 amended by striking the current language and inserting

17 the following:

18 ‘‘(a) The Director of the Bureau of Prisons may es19 tablish, operate, and maintain commissaries in Federal

20 penal or correctional facilities, from and through which ar21 ticles and services may be procured, sold, rendered, or oth22 erwise provided or made available for the benefit of in23 mates confined within those facilities. Only those articles

24 or services authorized by the Director of the Bureau of
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1 Prisons may be procured from or through prison com2 missaries for the use of inmates.

3 ‘‘(b) There is established in the Treasury of the

4 United States a revolving fund to be called the Prison

5 Commissary Fund which shall be available to the Federal

6 Bureau of Prisons without fiscal-year limitation to carry

7 out the purposes, functions and powers authorized by this

8 section. Funds currently on deposit in the ‘Commissary

9 Funds, Federal Prisons’ account of the Treasury shall be

10 transferred to the Prison Commissary Fund.

11 ‘‘(c) The Director of the Federal Bureau of Prisons

12 may accept gifts or bequests of money for credit to the

13 Fund. The Director may also accept gifts or bequests of

14 other property, real or personal, for use or other disposi15 tion by the Bureau of Prisons. A gift or bequest under

16 this section is a gift or bequest to or for the use of the

17 United States under the Internal Revenue Code of 1986

18 (26 U.S.C. 1 et seq.).

19 ‘‘(d) Amounts in the Prison Commissary Fund which

20 are not currently needed for operations shall be kept on

21 deposit or invested in obligations of, or guaranteed by, the

22 United States and all earnings on such investments shall

23 be deposited in the Prison Commissary Fund.

24 ‘‘(e) There shall be deposited in the Fund, subject

25 to withdrawal by the Federal Bureau of Prisons—
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1 ‘‘(1) revenues received from the sale of articles

2 through prison commissaries;

3 ‘‘(2) revenues received from services rendered

4 by prison commissaries;

5 ‘‘(3) a gift or bequest of money for credit to the

6 Fund;

7 ‘‘(4) proceeds from the sale or disposal of do8 nated property, real or personal, for credit to the

9 Fund; and

10 ‘‘(5) earnings or interest which may be derived

11 from investments of the Fund.

12 ‘‘(f) The fund shall be available for the payment of

13 any expenses incurred by the Federal Bureau of Prisons

14 in establishing, operating, and maintaining prison com15 missaries and the Prison Commissary Fund, including the

16 employment of personnel, the purchase of equipment, se17 curity-related or otherwise, and those expenses incurred

18 in the provision of articles or services procured, sold, ren19 dered, or otherwise provided or made available to inmates.

20 ‘‘(g) The Director of the Bureau of Prisons is author21 ized to use monies from the Prison Commissary Fund for

22 the general welfare of inmates. No inmate shall be entitled

23 to any portion of the Fund.
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1 ‘‘(h) Employees compensated by or through the Pris2 on Commissary Fund may be assigned additional duties

3 other than those directly related to commissary activities.

4 ‘‘(i) The provisions of sections 554 and 555 and 701

5 through 706 of title 5, United States Code, do not apply

6 to the making of any determination, decision, or order

7 under this section.’’.

8 SEC. 262. TECHNICAL AMENDMENT.

9 Section 1321(b) of title 31, United States Code, is

10 amended by striking ‘‘Commissary Funds, Federal Pris11 ons’’.

12 TITLE III—CRIMINAL ALIEN DE13 PORTATION IMPROVEMENTS

14 ACT OF 1996

15 SEC. 301. ADDITIONAL EXPANSION OF DEFINITION OF AG16 GRAVATED FELONY.

17 (a) IN GENERAL.—Section 101(a)(43) of the Immi18 gration and Nationality Act (8 U.S.C. 1101(a)(43)), as

19 amended by section 222 of the Immigration and National20 ity Technical Corrections Act of 1994 (Public Law 103–

21 416), is amended—

22 (1) in subparagraph (J), by inserting ‘‘, or an

23 offense described in section 1084 (if it is a second

24 or subsequent offense) or 1955 of that title (relating
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1 to gambling offenses),’’ after ‘‘corrupt organiza2 tions)’’;

3 (2) in subparagraph (K)—

4 (A) by striking ‘‘or’’ at the end of clause

5 (i),

6 (B) by redesignating clause (ii) as clause

7 (iii), and

8 (C) by inserting after clause (i) the follow9 ing new clause:

10 ‘‘(ii) is described in section 2421,

11 2422, or 2423 of title 18, United States

12 Code (relating to transportation for the

13 purpose of prostitution) for commercial ad14 vantage; or’’;

15 (3) by amending subparagraph (N) to read as

16 follows:

17 ‘‘(N) an offense described in paragraph

18 (1)(A) or (2) of section 274(a) (relating to alien

19 smuggling) for which the term of imprisonment

20 imposed (regardless of any suspension of im21 prisonment) is at least 5 years;’’;

22 (4) by amending subparagraph (O) to read as

23 follows:

24 ‘‘(O) an offense (i) which either is falsely

25 making, forging, counterfeiting, mutilating, or
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1 altering a passport or instrument in violation of

2 section 1543 of title 18, United States Code, or

3 is described in section 1546(a) of such title (re4 lating to document fraud) and (ii) for which the

5 term of imprisonment imposed (regardless of

6 any suspension of such imprisonment) is at

7 least 18 months;’’

8 (5) in subparagraph (P), by striking ‘‘15 years’’

9 and inserting ‘‘5 years’’, and by striking ‘‘and’’ at

10 the end;

11 (6) by redesignating subparagraphs (O), (P),

12 and (Q) as subparagraphs (P), (Q), and (U), respec13 tively;

14 (7) by inserting after subparagraph (N) the fol15 lowing new subparagraph:

16 ‘‘(O) an offense described in section 275(a)

17 or 276 committed by an alien who was pre18 viously deported on the basis of a conviction for

19 an offense described in another subparagraph

20 of this paragraph;’’; and

21 (8) by inserting after subparagraph (Q), as so

22 redesignated, the following new subparagraphs:

23 ‘‘(R) an offense relating to commercial

24 bribery, counterfeiting, forgery, or trafficking in

25 vehicles the identification numbers of which
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1 have been altered for which a sentence of 5

2 years’ imprisonment or more may be imposed;

3 ‘‘(S) an offense relating to obstruction of

4 justice, perjury or subornation of perjury, or

5 bribery of a witness, for which a sentence of 5

6 years’ imprisonment or more may be imposed;

7 ‘‘(T) an offense relating to a failure to ap8 pear before a court pursuant to a court order

9 to answer to or dispose of a charge of a felony

10 for which a sentence of 2 years’ imprisonment

11 or more may be imposed; and’’.

12 (b) EFFECTIVE DATE.—The amendments made by

13 subsection (a) shall apply to convictions entered on or

14 after the date of the enactment of this title, except that

15 the amendment made by subsection (a)(3) shall take effect

16 as if included in the enactment of section 222 of the Immi17 gration and Nationality Technical Corrections Act of

18 1994.

19 SEC. 302. DEPORTATION PROCEDURES FOR CERTAIN

20 CRIMINAL ALIENS WHO ARE NOT PERMA21 NENT RESIDENTS.

22 (a) ADMINISTRATIVE HEARINGS.—Section 242A(b)

23 of the Immigration and Nationality Act (8 U.S.C.

24 1252a(b)), as added by section 130004(a) of the Violent
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1 Crime Control and Law Enforcement Act of 1994 (Public

2 Law 103–322), is amended—

3 (1) in paragraph (2)—

4 (A) by striking ‘‘and’’ at the end of sub5 paragraph (A) and inserting ‘‘or’’, and

6 (B) by amending subparagraph (B) to read

7 as follows:

8 ‘‘(B) had permanent resident status on a

9 conditional basis (as described in section 216)

10 at the time that proceedings under this section

11 commenced.’’;

12 (2) in paragraph (3), by striking ‘‘30 calendar

13 days’’ and inserting ‘‘14 calendar days’’;

14 (3) in paragraph (4)(B), by striking

15 ‘‘proccedings’’ and inserting ‘‘proceedings’’;

16 (4) in paragraph (4)—

17 (A) by redesignating subparagraphs (D)

18 and (E) as subparagraphs (F) and (G), respec19 tively; and

20 (B) by adding after subparagraph (C) the

21 following new subparagraphs:

22 ‘‘(D) such proceedings are conducted in, or

23 translated for the alien into, a language the

24 alien understands;
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1 ‘‘(E) a determination is made for the

2 record at such proceedings that the individual

3 who appears to respond in such a proceeding is

4 an alien subject to such an expedited proceed5 ing under this section and is, in fact, the alien

6 named in the notice for such proceeding,’’; and

7 (5) by adding at the end the following new

8 paragraph:

9 ‘‘(5) No alien described in this section shall be

10 eligible for any relief from deportation that the At11 torney General may grant in the Attorney General’s

12 discretion.’’.

13 (b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of

14 section 106 of the Immigration and Nationality Act (8

15 U.S.C. 1105a), as added by section 130004(b) of the Vio16 lent Crime Control and Law Enforcement Act of 1994

17 (Public Law 103–322), is amended to read as follows:

18 ‘‘(d) Notwithstanding subsection (c), a petition for

19 review or for habeas corpus on behalf of an alien described

20 in section 242A(c) may only challenge whether the alien

21 is in fact an alien described in such section, and no court

22 shall have jurisdiction to review any other issue.’’.

23 (c) PRESUMPTION OF DEPORTABILITY.—Section

24 242A of the Immigration and Nationality Act (8 U.S.C.
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1 1252a) is amended by inserting after subsection (b) the

2 following new subsection:

3 ‘‘(c) PRESUMPTION OF DEPORTABILITY.—An alien

4 convicted of an aggravated felony shall be conclusively pre5 sumed to be deportable from the United States.’’.

6 (d) EFFECTIVE DATE.—The amendments made by

7 this section shall apply to all aliens against whom deporta8 tion proceedings are initiated after the date of the enact9 ment of this title.

10 SEC. 303. RESTRICTING THE DEFENSE TO EXCLUSION

11 BASED ON 7 YEARS PERMANENT RESIDENCE

12 FOR CERTAIN CRIMINAL ALIENS.

13 The last sentence of section 212(c) of the Immigra14 tion and Nationality Act (8 U.S.C. 1182(c)) is amended

15 by striking ‘‘has served for such felony or felonies’’ and

16 all that follows through the period and inserting ‘‘has been

17 sentenced for such felony or felonies to a term of imprison18 ment of at least 5 years, if the time for appealing such

19 conviction or sentence has expired and the sentence has

20 become final.’’.

21 SEC. 304. LIMITATION ON COLLATERAL ATTACKS ON UN22 DERLYING DEPORTATION ORDER.

23 (a) IN GENERAL.—Section 276 of the Immigration

24 and Nationality Act (8 U.S.C. 1326) is amended by add25 ing at the end the following new subsection:
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1 ‘‘(c) In a criminal proceeding under this section, an

2 alien may not challenge the validity of the deportation

3 order described in subsection (a)(1) or subsection (b) un4 less the alien demonstrates that—

5 ‘‘(1) the alien exhausted any administrative

6 remedies that may have been available to seek relief

7 against the order;

8 ‘‘(2) the deportation proceedings at which the

9 order was issued improperly deprived the alien of the

10 opportunity for judicial review; and

11 ‘‘(3) the entry of the order was fundamentally

12 unfair.’’.

13 (b) EFFECTIVE DATE.—The amendment made by

14 subsection (a) shall apply to criminal proceedings initiated

15 after the date of the enactment of this title.

16 SEC. 305. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

17 Section 130002(a) of the Violent Crime Control and

18 Law Enforcement Act of 1994 (Public Law 103–312) is

19 amended to read as follows:

20 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner

21 of Immigration and Naturalization shall, under the au22 thority of section 242(a)(3)(A) of the Immigration and

23 Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi24 nal alien identification system. The criminal alien identi25 fication system shall be used to assist Federal, State, and
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1 local law enforcement agencies in identifying and locating

2 aliens who may be subject to deportation by reason of

3 their conviction of aggravated felonies.’’.

4 SEC. 306. ESTABLISHING CERTAIN ALIEN SMUGGLING-RE5 LATED CRIMES AS RICO-PREDICATE OF6 FENSES.

7 Section 1961(1) of title 18, United States Code, is

8 amended—

9 (1) by inserting ‘‘section 1028 (relating to

10 fraud and related activity in connection with identi11 fication documents) if the act indictable under sec12 tion 1028 was committed for the purpose of finan13 cial gain,’’ before ‘‘section 1029’’;

14 (2) by inserting ‘‘section 1542 (relating to false

15 statement in application and use of passport) if the

16 act indictable under section 1542 was committed for

17 the purpose of financial gain, section 1543 (relating

18 to forgery or false use of passport) if the act indict19 able under section 1543 was committed for the pur20 pose of financial gain, section 1544 (relating to mis21 use of passport) if the act indictable under section

22 1544 was committed for the purpose of financial

23 gain, section 1546 (relating to fraud and misuse of

24 visas, permits, and other documents) if the act in25 dictable under section 1546 was committed for the
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1 purpose of financial gain, sections 1581–1588 (relat2 ing to peonage and slavery),’’ after ‘‘section 1513

3 (relating to retaliating against a witness, victim, or

4 an informant),’’;

5 (3) by striking ‘‘or’’ before ‘‘(E)’’; and

6 (4) by inserting before the period at the end the

7 following: ‘‘, or (F) any act which is indictable under

8 the Immigration and Nationality Act, section 274

9 (relating to bringing in and harboring certain

10 aliens), section 277 (relating to aiding or assisting

11 certain aliens to enter the United States), or section

12 278 (relating to importation of alien for immoral

13 purpose) if the act indictable under such section of

14 such Act was committed for the purpose of financial

15 gain’’.

16 SEC. 307. WIRETAP AUTHORITY FOR ALIEN SMUGGLING IN17 VESTIGATIONS.

18 Section 2516(1) of title 18, United States Code, is

19 amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (n),

22 (2) by redesignating paragraph (o) as para23 graph (p), and

24 (3) by inserting after paragraph (n) the follow25 ing new paragraph:
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1 ‘‘(o) a felony violation of section 1028 (relating

2 to production of false identification documents), sec3 tion 1542 (relating to false statements in passport

4 applications), section 1546 (relating to fraud and

5 misuse of visas, permits, and other documents) of

6 this title or a violation of section 274, 277, or 278

7 of the Immigration and Nationality Act (relating to

8 the smuggling of aliens); or’’.

9 SEC. 308. EXPANSION OF CRITERIA FOR DEPORTATION FOR

10 CRIMES OF MORAL TURPITUDE.

11 (a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the

12 Immigration and Nationality Act (8 U.S.C.

13 1251(a)(2)(A)(i)(II)) is amended to read as follows:

14 ‘‘(II) is convicted of a crime for

15 which a sentence of one year or longer

16 may be imposed,’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall apply to aliens against whom deporta19 tion proceedings are initiated after the date of the enact20 ment of this title.

21 SEC. 309. PAYMENTS TO POLITICAL SUBDIVISIONS FOR

22 COSTS OF INCARCERATING ILLEGAL ALIENS.

23 Amounts appropriated to carry out section 501 of the

24 Immigration Reform and Control Act of 1986 for fiscal

25 year 1996 shall be available to carry out section 242(j)
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1 of the Immigration and Nationality Act in that fiscal year

2 with respect to undocumented criminal aliens incarcerated

3 under the authority of political subdivisions of a State.

4 SEC. 310. MISCELLANEOUS PROVISIONS.

5 (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA

6 IN DEPORTATION HEARINGS.—The second sentence of

7 section 242(b) of the Immigration and Nationality Act (8

8 U.S.C. 1252(b)) is amended by inserting before the period

9 the following: ‘‘; except that nothing in this subsection

10 shall preclude the Attorney General from authorizing pro11 ceedings by electronic or telephonic media (with the con12 sent of the alien) or, where waived or agreed to by the

13 parties, in the absence of the alien’’.

14 (b) CODIFICATION.—

15 (1) Section 242(i) of such Act (8 U.S.C.

16 1252(i)) is amended by adding at the end the follow17 ing: ‘‘Nothing in this subsection shall be construed

18 to create any substantive or procedural right or ben19 efit that is legally enforceable by any party against

20 the United States or its agencies or officers or any

21 other person.’’.

22 (2) Section 225 of the Immigration and Nation23 ality Technical Corrections Act of 1994 (Public Law

24 103–416) is amended by striking ‘‘and nothing in’’

25 and all that follows through ‘‘1252(i))’’.
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1 (3) The amendments made by this subsection

2 shall take effect as if included in the enactment of

3 the Immigration and Nationality Technical Correc4 tions Act of 1994 (Public Law 103–416).

5 SEC. 311. CONSTRUCTION OF EXPEDITED DEPORTATION

6 REQUIREMENTS.

7 No amendment made by this title shall be construed

8 to create any substantive or procedural right or benefit

9 that is legally enforceable by any party against the United

10 States or its agencies or officers or any other person.

11 SEC. 312. STUDY OF PRISONER TRANSFER TREATY WITH

12 MEXICO.

13 (a) REPORT TO CONGRESS.—Not later than 180 days

14 after the date of the enactment of this title, the Secretary

15 of State and the Attorney General shall submit to the Con16 gress a report that describes the use and effectiveness of

17 the Prisoner Transfer Treaty with Mexico (in this section

18 referred to as the ‘‘Treaty’’) to remove from the United

19 States aliens who have been convicted of crimes in the

20 United States.

21 (b) USE OF TREATY.—The report under subsection

22 (a) shall include the following information:

23 (1) The number of aliens convicted of a crimi24 nal offense in the United States since November 30,
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1 1977, who would have been or are eligible for trans2 fer pursuant to the Treaty.

3 (2) The number of aliens described in para4 graph (1) who have been transferred pursuant to the

5 Treaty.

6 (3) The number of aliens described in para7 graph (2) who have been incarcerated in full compli8 ance with the Treaty.

9 (4) The number of aliens who are incarcerated

10 in a penal institution in the United States who are

11 eligible for transfer pursuant to the Treaty.

12 (5) The number of aliens described in para13 graph (4) who are incarcerated in State and local

14 penal institutions.

15 (c) EFFECTIVENESS OF TREATY.—The report under

16 subsection (a) shall include the recommendations of the

17 Secretary of State and the Attorney General to increase

18 the effectiveness and use of, and full compliance with, the

19 Treaty. In considering the recommendations under this

20 subsection, the Secretary and the Attorney General shall

21 consult with such State and local officials in areas dis22 proportionately impacted by aliens convicted of criminal

23 offenses as the Secretary and the Attorney General con24 sider appropriate. Such recommendations shall address

25 the following areas:
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1 (1) Changes in Federal laws, regulations, and

2 policies affecting the identification, prosecution, and

3 deportation of aliens who have committed a criminal

4 offense in the United States.

5 (2) Changes in State and local laws, regula6 tions, and policies affecting the identification, pros7 ecution, and deportation of aliens who have commit8 ted a criminal offense in the United States.

9 (3) Changes in the Treaty that may be nec10 essary to increase the number of aliens convicted of

11 crimes who may be transferred pursuant to the

12 Treaty.

13 (4) Methods for preventing the unlawful re14 entry into the United States of aliens who have been

15 convicted of criminal offenses in the United States

16 and transferred pursuant to the Treaty.

17 (5) Any recommendations of appropriate offi18 cials of the Mexican Government on programs to

19 achieve the goals of, and ensure full compliance

20 with, the Treaty.

21 (6) An assessment of whether the recommenda22 tions under this subsection require the renegotiation

23 of the Treaty.

24 (7) The additional funds required to implement

25 each recommendation under this subsection.
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1 SEC. 313. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING

2 TO JUSTICE ALIENS WHO FLEE PROSECU3 TION FOR CRIMES IN THE UNITED STATES.

4 (a) ASSISTANCE TO STATES.—The Attorney General,

5 in cooperation with the Commissioner of Immigration and

6 Naturalization and the Secretary of State, shall designate

7 an office within the Department of Justice to provide tech8 nical and prosecutorial assistance to States and political

9 subdivisions of States in efforts to bring to justice aliens

10 who flee prosecution for crimes in the United States.

11 (b) REPORT TO CONGRESS.—Not later than one year

12 after the date of the enactment of this title, the Attorney

13 General shall compile and submit to the Congress a report

14 which assesses the nature and extent of the problem of

15 bringing to justice aliens who flee prosecution for crimes

16 in the United States.

17 SEC. 314. PRISONER TRANSFER TREATIES.

18 (a) NEGOTIATION.—Congress advises the President

19 to begin to negotiate and renegotiate, not later than 90

20 days after the date of the enactment of this title, bilateral

21 prisoner transfer treaties. The focus of such negotiations

22 shall be to expedite the transfer of aliens unlawfully in

23 the United States who are incarcerated in United States

24 prisons, to ensure that a transferred prisoner serves the

25 balance of the sentence imposed by the United States
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1 courts, and to eliminate any requirement of prisoner con2 sent to such a transfer.

3 (b) CERTIFICATION.—The President shall submit to

4 the Congress, annually, a certification as to whether each

5 prisoner transfer treaty in force is effective in returning

6 aliens unlawfully in the United States who have committed

7 offenses for which they are incarcerated in the United

8 States to their country of nationality for further incarcer9 ation.

10 SEC. 315. INTERIOR REPATRIATION PROGRAM.

11 Not later than 180 days after the date of enactment

12 of this title, the Attorney General and the Commissioner

13 of Immigration and Naturalization shall develop and im14 plement a program in which aliens who previously have

15 illegally entered the United States not less than 3 times

16 and are deported or returned to a country contiguous to

17 the United States will be returned to locations not less

18 than 500 kilometers from that country’s border with the

19 United States.

20 SEC. 316. DEPORTATION OF NONVIOLENT OFFENDERS

21 PRIOR TO COMPLETION OF SENTENCE OF IM22 PRISONMENT.

23 (a) IN GENERAL.—Section 242(h) of the Immigra24 tion and Nationality Act (8 U.S.C. 1252(h)) is amended

25 to read as follows:
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1 ‘‘(h)(1) Except as provided in paragraph (2), an alien

2 sentenced to imprisonment may not be deported until such

3 imprisonment has been terminated by the release of the

4 alien from confinement. Parole, supervised release, proba5 tion, or possibility of rearrest or further confinement in

6 respect of the same offense shall not be a ground for defer7 ral of deportation.

8 ‘‘(2) The Attorney General is authorized to deport an

9 alien in accordance with applicable procedures under this

10 Act prior to the completion of a sentence of imprison11 ment—

12 ‘‘(A) in the case of an alien in the custody of

13 the Attorney General, if the Attorney General deter14 mines that (i) the alien is confined pursuant to a

15 final conviction for a nonviolent offense (other than

16 alien smuggling), and (ii) such deportation of the

17 alien is appropriate and in the best interest of the

18 United States; or

19 ‘‘(B) in the case of an alien in the custody of

20 a State (or a political subdivision of a State), if the

21 chief State official exercising authority with respect

22 to the incarceration of the alien determines that (i)

23 the alien is confined pursuant to a final conviction

24 for a nonviolent offense (other than alien smug25 gling), (ii) such deportation is appropriate and in
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1 the best interest of the State, and (iii) submits a

2 written request to the Attorney General that such

3 alien be so deported.

4 ‘‘(3) Any alien deported pursuant to this subsection

5 shall be notified of the penalties under the laws of the

6 United States relating to the reentry of deported aliens,

7 particularly the expanded penalties for aliens deported

8 under paragraph (2).’’.

9 (b) REENTRY OF ALIEN DEPORTED PRIOR TO COM10 PLETION OF TERM OF IMPRISONMENT.—Section 276 of

11 the Immigration and Nationality Act (8 U.S.C. 1326)

12 amended by adding at the end the following new sub13 section:

14 ‘‘(c) Any alien deported pursuant to section

15 242(h)(2) who enters, attempts to enter, or is at any time

16 found in, the United States (unless the Attorney General

17 has expressly consented to such alien’s reentry) shall be

18 incarcerated for the remainder of the sentence of impris19 onment which was pending at the time of deportation

20 without any reduction for parole or supervised release.

21 Such alien shall be subject to such other penalties relating

22 to the reentry of deported aliens as may be available under

23 this section or any other provision of law.’’.
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1 TITLE IV—LOCAL GOVERNMENT

2 LAW ENFORCEMENT BLOCK

3 GRANTS ACT OF 1996

4 SEC. 401. BLOCK GRANT PROGRAM.

5 (a) IN GENERAL.—Title I of the Violent Crime Con6 trol and Law Enforcement Act of 1994 is amended to read

7 as follows:

8 ‘‘TITLE I—LAW ENFORCEMENT

9 BLOCK GRANTS

10 ‘‘SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS.

11 ‘‘(a) PAYMENT AND USE.—

12 ‘‘(1) PAYMENT.—The Director of the Bureau of

13 Justice Assistance shall pay to each unit of local

14 government which qualifies for a payment under this

15 title an amount equal to the sum of any amounts al16 located to such unit under this title for each pay17 ment period. The Director shall pay such amount

18 from amounts appropriated to carry out this title.

19 ‘‘(2) USE.—Amounts paid to a unit of local

20 government under this section shall be used by the

21 unit for reducing crime and improving public safety,

22 including but not limited to, 1 or more of the follow23 ing purposes:
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1 ‘‘(A)(i) Hiring, training, and employing on

2 a continuing basis new, additional law enforce3 ment officers and necessary support personnel.

4 ‘‘(ii) Paying overtime to presently em5 ployed law enforcement officers and necessary

6 support personnel for the purpose of increasing

7 the number of hours worked by such personnel.

8 ‘‘(iii) Procuring equipment, technology,

9 and other material directly related to basic law

10 enforcement functions.

11 ‘‘(B) Enhancing security measures—

12 ‘‘(i) in and around schools; and

13 ‘‘(ii) in and around any other facility

14 or location which is considered by the unit

15 of local government to have a special risk

16 for incidents of crime.

17 ‘‘(C) Establishing crime prevention pro18 grams that may, though not exclusively, involve

19 law enforcement officials and that are intended

20 to discourage, disrupt, or interfere with the

21 commission of criminal activity, including

22 neighborhood watch and citizen patrol pro23 grams, sexual assault and domestic violence

24 programs, and programs intended to prevent ju25 venile crime.
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1 ‘‘(D) Establishing or supporting drug

2 courts.

3 ‘‘(E) Establishing early intervention and

4 prevention programs for juveniles to reduce or

5 eliminate crime.

6 ‘‘(F) Enhancing the adjudication process

7 of cases involving violent offenders, including

8 the adjudication process of cases involving vio9 lent juvenile offenders.

10 ‘‘(G) Enhancing programs under subpart 1

11 of part E of the Omnibus Crime Control and

12 Safe Streets Act of 1968.

13 ‘‘(H) Establishing cooperative task forces

14 between adjoining units of local government to

15 work cooperatively to prevent and combat crimi16 nal activity, particularly criminal activity that is

17 exacerbated by drug or gang-related involve18 ment.

19 ‘‘(I) Establishing a multijurisdictional task

20 force, particularly in rural areas, composed of

21 law enforcement officials representing units of

22 local government, that works with Federal law

23 enforcement officials to prevent and control

24 crime.
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1 ‘‘(3) DEFINITIONS.—For purposes of this sub2 section—

3 ‘‘(A) the term ‘violent offender’ means a

4 person charged with committing a part I violent

5 crime; and

6 ‘‘(B) the term ‘drug courts’ means a pro7 gram that involves—

8 ‘‘(i) continuing judicial supervision

9 over offenders with substance abuse prob10 lems who are not violent offenders; and

11 ‘‘(ii) the integrated administration of

12 other sanctions and services, which shall

13 include—

14 ‘‘(I) mandatory periodic testing

15 for the use of controlled substances or

16 other addictive substances during any

17 period of supervised release or proba18 tion for each participant;

19 ‘‘(II) substance abuse treatment

20 for each participant;

21 ‘‘(III) probation, or other super22 vised release involving the possibility

23 of prosecution, confinement, or incar24 ceration based on noncompliance with
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1 program requirements or failure to

2 show satisfactory progress; and

3 ‘‘(IV) programmatic, offender

4 management, and aftercare services

5 such as relapse prevention, vocational

6 job training, job placement, and hous7 ing placement.

8 ‘‘(b) PROHIBITED USES.—Notwithstanding any other

9 provision of this Act, a unit of local government may not

10 expend any of the funds provided under this title to pur11 chase, lease, rent, or otherwise acquire—

12 ‘‘(1) tanks or armored personnel carriers;

13 ‘‘(2) fixed wing aircraft;

14 ‘‘(3) limousines;

15 ‘‘(4) real estate;

16 ‘‘(5) yachts;

17 ‘‘(6) consultants; or

18 ‘‘(7) vehicles not primarily used for law enforce19 ment;

20 unless the Attorney General certifies that extraordinary

21 and exigent circumstances exist that make the use of

22 funds for such purposes essential to the maintenance of

23 public safety and good order in such unit of local govern24 ment.
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1 ‘‘(c) TIMING OF PAYMENTS.—The Director shall pay

2 each unit of local government that has submitted an appli3 cation under this title not later than—

4 ‘‘(1) 90 days after the date that the amount is

5 available, or

6 ‘‘(2) the first day of the payment period if the

7 unit of local government has provided the Director

8 with the assurances required by section 103(c),

9 whichever is later.

10 ‘‘(d) ADJUSTMENTS.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

12 the Director shall adjust a payment under this title

13 to a unit of local government to the extent that a

14 prior payment to the unit of local government was

15 more or less than the amount required to be paid.

16 ‘‘(2) CONSIDERATIONS.—The Director may in17 crease or decrease under this subsection a payment

18 to a unit of local government only if the Director de19 termines the need for the increase or decrease, or if

20 the unit requests the increase or decrease, not later

21 than 1 year after the end of the payment period for

22 which a payment was made.

23 ‘‘(e) RESERVATION FOR ADJUSTMENT.—The Direc24 tor may reserve a percentage of not more than 2 percent

25 of the amount under this section for a payment period
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1 for all units of local government in a State if the Director

2 considers the reserve is necessary to ensure the availability

3 of sufficient amounts to pay adjustments after the final

4 allocation of amounts among the units of local government

5 in the State.

6 ‘‘(f) REPAYMENT OF UNEXPENDED AMOUNTS.—

7 ‘‘(1) REPAYMENT REQUIRED.—A unit of local

8 government shall repay to the Director, by not later

9 than 27 months after receipt of funds from the Di10 rector, any amount that is—

11 ‘‘(A) paid to the unit from amounts appro12 priated under the authority of this section; and

13 ‘‘(B) not expended by the unit within 2

14 years after receipt of such funds from the Di15 rector.

16 ‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the

17 amount required to be repaid is not repaid, the Di18 rector shall reduce payment in future payment peri19 ods accordingly.

20 ‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts

21 received by the Director as repayments under this

22 subsection shall be deposited in a designated fund

23 for future payments to units of local government.

24 Any amounts remaining in such designated fund

25 after 5 years following the enactment of the Crime
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1 Prevention and Family Protection Act of 1996 shall

2 be applied to the Federal deficit or, if there is no

3 Federal deficit, to reducing the Federal debt.

4 ‘‘(g) NONSUPPLANTING REQUIREMENT.—Funds

5 made available under this title to units of local government

6 shall not be used to supplant State or local funds, but

7 shall be used to increase the amount of funds that would,

8 in the absence of funds made available under this title,

9 be made available from State or local sources.

10 ‘‘(h) MATCHING FUNDS.—The Federal share of a

11 grant received under this title may not exceed 90 percent

12 of the costs of a program or proposal funded under this

13 title.

14 ‘‘SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this title—

17 ‘‘(1) $2,000,000,000 for fiscal year 1996;

18 ‘‘(2) $2,000,000,000 for fiscal year 1997;

19 ‘‘(3) $2,000,000,000 for fiscal year 1998;

20 ‘‘(4) $2,000,000,000 for fiscal year 1999; and

21 ‘‘(5) $2,000,000,000 for fiscal year 2000.

22 ‘‘(b) OVERSIGHT ACCOUNTABILITY AND ADMINIS23 TRATION.—Not more than 3 percent of the amount au24 thorized to be appropriated under subsection (a) for each

25 of the fiscal years 1996 through 2000 shall be available
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1 to the Attorney General for studying the overall effective2 ness and efficiency of the provisions of this title, and as3 suring compliance with the provisions of this title and for

4 administrative costs to carry out the purposes of this title.

5 The Attorney General shall establish and execute an over6 sight plan for monitoring the activities of grant recipients.

7 Such sums are to remain available until expended.

8 ‘‘(c) TECHNOLOGY ASSISTANCE.—The Attorney Gen9 eral shall reserve 1 percent in each of fiscal years 1996

10 through 1998 of the amount authorized to be appropriated

11 under subsection (a) for use by the National Institute of

12 Justice in assisting local units to identify, select, develop,

13 modernize, and purchase new technologies for use by law

14 enforcement.

15 ‘‘(d) AVAILABILITY.—The amounts authorized to be

16 appropriated under subsection (a) shall remain available

17 until expended.

18 ‘‘SEC. 103. QUALIFICATION FOR PAYMENT.

19 ‘‘(a) IN GENERAL.—The Director shall issue regula20 tions establishing procedures under which a unit of local

21 government is required to provide notice to the Director

22 regarding the proposed use of funds made available under

23 this title.
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1 ‘‘(b) PROGRAM REVIEW.—The Director shall estab2 lish a process for the ongoing evaluation of projects devel3 oped with funds made available under this title.

4 ‘‘(c) GENERAL REQUIREMENTS FOR QUALIFICA5 TION.—A unit of local government qualifies for a payment

6 under this title for a payment period only if the unit of

7 local government submits an application to the Director

8 and establishes, to the satisfaction of the Director, that—

9 ‘‘(1) the unit of local government has estab10 lished a local advisory board that—

11 ‘‘(A) includes, but is not limited to, a rep12 resentative from—

13 ‘‘(i) the local police department or

14 local sheriff’s department;

15 ‘‘(ii) the local prosecutor’s office;

16 ‘‘(iii) the local court system;

17 ‘‘(iv) the local public school system;

18 and

19 ‘‘(v) a local nonprofit, educational, re20 ligious, or community group active in

21 crime prevention or drug use prevention or

22 treatment;

23 ‘‘(B) has reviewed the application; and
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1 ‘‘(C) is designated to make nonbinding rec2 ommendations to the unit of local government

3 for the use of funds received under this title;

4 ‘‘(2) the chief executive officer of the State has

5 had not less than 20 days to review and comment

6 on the application prior to submission to the Direc7 tor;

8 ‘‘(3)(A) the unit of local government will estab9 lish a trust fund in which the government will de10 posit all payments received under this title; and

11 ‘‘(B) the unit of local government will use

12 amounts in the trust fund (including interest) dur13 ing a period not to exceed 2 years from the date the

14 first grant payment is made to the unit of local gov15 ernment;

16 ‘‘(4) the unit of local government will expend

17 the payments received in accordance with the laws

18 and procedures that are applicable to the expendi19 ture of revenues of the unit of local government;

20 ‘‘(5) the unit of local government will use ac21 counting, audit, and fiscal procedures that conform

22 to guidelines which shall be prescribed by the Direc23 tor after consultation with the Comptroller General

24 and as applicable, amounts received under this title
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1 shall be audited in compliance with the Single Audit

2 Act of 1984;

3 ‘‘(6) after reasonable notice from the Director

4 or the Comptroller General to the unit of local gov5 ernment, the unit of local government will make

6 available to the Director and the Comptroller Gen7 eral, with the right to inspect, records that the Di8 rector reasonably requires to review compliance with

9 this title or that the Comptroller General reasonably

10 requires to review compliance and operation;

11 ‘‘(7) a designated official of the unit of local

12 government shall make reports the Director reason13 ably requires, in addition to the annual reports re14 quired under this title;

15 ‘‘(8) the unit of local government will spend the

16 funds made available under this title only for the

17 purposes set forth in section 101(a)(2);

18 ‘‘(9) the unit of local government will achieve a

19 net gain in the number of law enforcement officers

20 who perform nonadministrative public safety service

21 if such unit uses funds received under this title to

22 increase the number of law enforcement officers as

23 described under subparagraph (A) of section

24 101(a)(2);

25 ‘‘(10) the unit of local government—
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1 ‘‘(A) has an adequate process to assess the

2 impact of any enhancement of a school security

3 measure that is undertaken under subpara4 graph (B) of section 101(a)(2), or any crime

5 prevention programs that are established under

6 subparagraphs (C) and (E) of section

7 101(a)(2), on the incidence of crime in the geo8 graphic area where the enhancement is under9 taken or the program is established;

10 ‘‘(B) will conduct such an assessment with

11 respect to each such enhancement or program;

12 and

13 ‘‘(C) will submit an annual written assess14 ment report to the Director; and

15 ‘‘(11) the unit of local government has estab16 lished procedures to give members of the Armed

17 Forces who, on or after October 1, 1990, were or

18 are selected for involuntary separation (as described

19 in section 1141 of title 10, United States Code), ap20 proved for separation under section 1174a or 1175

21 of such title, or retired pursuant to the authority

22 provided under section 4403 of the Defense Conver23 sion, Reinvestment, and Transition Assistance Act of

24 1992 (division D of Public Law 102–484; 10 U.S.C.

25 1293 note), a suitable preference in the employment
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1 of persons as additional law enforcement officers or

2 support personnel using funds made available under

3 this title. The nature and extent of such employment

4 preference shall be jointly established by the Attor5 ney General and the Secretary of Defense. To the

6 extent practicable, the Director shall endeavor to in7 form members who were separated between October

8 1, 1990, and the date of the enactment of this sec9 tion of their eligibility for the employment pref10 erence;

11 ‘‘(d) SANCTIONS FOR NONCOMPLIANCE.—

12 ‘‘(1) IN GENERAL.—If the Director determines

13 that a unit of local government has not complied

14 substantially with the requirements or regulations

15 prescribed under subsections (a) and (c), the Direc16 tor shall notify the unit of local government that if

17 the unit of local government does not take corrective

18 action within 60 days of such notice, the Director

19 will withhold additional payments to the unit of local

20 government for the current and future payment peri21 ods until the Director is satisfied that the unit of

22 local government—

23 ‘‘(A) has taken the appropriate corrective

24 action; and
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1 ‘‘(B) will comply with the requirements

2 and regulations prescribed under subsections

3 (a) and (c).

4 ‘‘(2) NOTICE.—Before giving notice under para5 graph (1), the Director shall give the chief executive

6 officer of the unit of local government reasonable no7 tice and an opportunity for comment.

8 ‘‘(e) MAINTENANCE OF EFFORT REQUIREMENT.—A

9 unit of local government qualifies for a payment under this

10 title for a payment period only if the unit’s expenditures

11 on law enforcement services (as reported by the Bureau

12 of the Census) for the fiscal year preceding the fiscal year

13 in which the payment period occurs were not less than

14 90 percent of the unit’s expenditures on such services for

15 the second fiscal year preceding the fiscal year in which

16 the payment period occurs.

17 ‘‘SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.

18 ‘‘(a) STATE SET-ASIDE.—

19 ‘‘(1) IN GENERAL.—Of the total amounts ap20 propriated for this title for each payment period, the

21 Director shall allocate for units of local government

22 in each State an amount that bears the same ratio

23 to such total as the average annual number of part

24 1 violent crimes reported by such State to the Fed25 eral Bureau of Investigation for the 3 most recent
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1 calendar years for which such data is available,

2 bears to the number of part 1 violent crimes re3 ported by all States to the Federal Bureau of Inves4 tigation for such years.

5 ‘‘(2) MINIMUM REQUIREMENT.—Each State

6 shall receive not less than 25 percent of the total

7 amounts appropriated under section 102 under this

8 subsection for each payment period.

9 ‘‘(3) PROPORTIONAL REDUCTION.—If amounts

10 available to carry out paragraph (2) for any pay11 ment period are insufficient to pay in full the total

12 payment that any State is otherwise eligible to re13 ceive under paragraph (1) for such period, then the

14 Director shall reduce payments under paragraph (1)

15 for such payment period to the extent of such insuf16 ficiency. Reductions under the preceding sentence

17 shall be allocated among the States (other than

18 States whose payment is determined under para19 graph (2)) in the same proportions as amounts

20 would be allocated under paragraph (1) without re21 gard to paragraph (2).

22 ‘‘(b) LOCAL DISTRIBUTION.—

23 ‘‘(1) IN GENERAL.—From the amount reserved

24 for each State under subsection (a), the Director

25 shall allocate—
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1 ‘‘(A) among reporting units of local gov2 ernment the reporting units’ share of such re3 served amount, and

4 ‘‘(B) among nonreporting units of local

5 government the nonreporting units’ share of the

6 reserved amount.

7 ‘‘(2) AMOUNTS.—

8 ‘‘(A) The reporting units’ share of the re9 served amount is the amount equal to the prod10 uct of such reserved amount multiplied by the

11 percentage which the population living in re12 porting units of local government in the State

13 bears to the population of all units of local gov14 ernment in the State.

15 ‘‘(B) The nonreporting units’ share of the

16 reserved amount is the reserved amount re17 duced by the reporting units’ share of the re18 served amount.

19 ‘‘(3) ALLOCATION TO EACH REPORTING

20 UNIT.—From the reporting units’ share of the re21 served amount for each State under subsection (a),

22 the Director shall allocate to each reporting unit of

23 local government an amount which bears the same

24 ratio to such share as the average annual number of

25 part 1 violent crimes reported by such unit to the
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1 Federal Bureau of Investigation for the 3 most re2 cent calendar years for which such data is available

3 bears to the number of part 1 violent crimes re4 ported by all units of local government in the State

5 in which the unit is located to the Federal Bureau

6 of Investigation for such years.

7 ‘‘(4) ALLOCATION TO EACH NONREPORTING

8 UNIT.—From the nonreporting units’ share of the

9 reserved amount for each State under subsection

10 (a), the Director shall allocate to each nonreporting

11 unit of local government an amount which bears the

12 same ratio to such share as the average number of

13 part 1 violent crimes of like governmental units in

14 the same population class as such unit bears to the

15 average annual imputed number of part 1 violent

16 crimes of all nonreporting units in the State for the

17 3 most recent calendar years.

18 ‘‘(5) LIMITATION ON ALLOCATIONS.—A unit of

19 local government shall not receive an allocation

20 which exceeds 100 percent of such unit’s expendi21 tures on law enforcement services as reported by the

22 Bureau of the Census for the most recent fiscal

23 year. Any amount in excess of 100 percent of such

24 unit’s expenditures on law enforcement services shall

25 be distributed proportionally among units of local
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1 government whose allocation does not exceed 100

2 percent of expenditures on law enforcement services.

3 ‘‘(6) DEFINITIONS.—For purposes of this sub4 section—

5 ‘‘(A) The term ‘reporting unit of local gov6 ernment’ means any unit of local government

7 that reported part 1 violent crimes to the Fed8 eral Bureau of Investigation for the 3 most re9 cent calendar years for which such data is avail10 able.

11 ‘‘(B) The term ‘nonreporting unit of local

12 government’ means any unit of local govern13 ment which is not a reporting unit of local gov14 ernment.

15 ‘‘(C)(i) The term ‘like governmental units’

16 means any like unit of local government as de17 fined by the Secretary of Commerce for general

18 statistical purposes, and means—

19 ‘‘(I) all counties are treated as like

20 governmental units;

21 ‘‘(II) all cities are treated as like gov22 ernmental units;

23 ‘‘(III) all townships are treated as like

24 governmental units.
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1 ‘‘(ii) Similar rules shall apply to other

2 types of governmental units.

3 ‘‘(D) The term ‘same population class’

4 means a like unit within the same population

5 category as another like unit with the categories

6 determined as follows:

7 ‘‘(i) 0 through 9,999.

8 ‘‘(ii) 10,000 through 49,999.

9 ‘‘(iii) 50,000 through 149,999.

10 ‘‘(iv) 150,000 through 299,999.

11 ‘‘(v) 300,000 or more.

12 ‘‘(7) LOCAL GOVERNMENTS WITH ALLOCATIONS

13 OF LESS THAN $10,000.—If under paragraph (3) or

14 (4) a unit of local government is allotted less than

15 $10,000 for the payment period, the amount allotted

16 shall be transferred to the chief executive officer of

17 the State who shall distribute such funds among

18 State police departments that provide law enforce19 ment services to units of local government and units

20 of local government whose allotment is less than

21 such amount in a manner which reduces crime and

22 improves public safety.

23 ‘‘(8) SPECIAL RULES.—

24 ‘‘(A) If a unit of local government in a

25 State that has been incorporated since the date
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1 of the collection of the data used by the Direc2 tor in making allocations pursuant to this sec3 tion, such unit shall be treated as a nonreport4 ing unit of local government for purposes of

5 this subsection.

6 ‘‘(B) If a unit of local government in the

7 State has been annexed since the date of the

8 collection of the data used by the Director in

9 making allocations pursuant to this section, the

10 Director shall pay the amount that would have

11 been allocated to such unit of local government

12 to the unit of local government that annexed it.

13 ‘‘(9) RESOLUTION OF DISPARATE ALLOCA14 TIONS.—(A) Notwithstanding any other provision of

15 this title, if—

16 ‘‘(i) the attorney general of a State cer17 tifies that a unit of local government under the

18 jurisdiction of the State bears more than 50

19 percent of the costs of prosecution or incarcer20 ation that arise with respect to part 1 violent

21 crimes reported by a specified geographically

22 constituent unit of local government, and

23 ‘‘(ii) but for this paragraph, the amount of

24 funds allocated under this section to—
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1 ‘‘(I) any one such specified geographi2 cally constituent unit of local government

3 exceeds 200 percent of the amount allo4 cated to the unit of local government cer5 tified pursuant to clause (i), or

6 ‘‘(II) more than one such specified

7 geographically constituent unit of local

8 government (excluding units of local gov9 ernment referred to subclause I and in

10 paragraph (7)), exceeds 400 percent of the

11 amount allocated to the unit of local gov12 ernment certified pursuant to clause (i)

13 and the attorney general of the State de14 termines that such allocation is likely to

15 threaten the efficient administration of jus16 tice,

17 then in order to qualify for payment under this title,

18 the unit of local government certified pursuant to

19 clause (i), together with any such specified geo20 graphically constituent units of local government de21 scribed in clause (ii), shall submit to the Director a

22 joint application for the aggregate of funds allocated

23 to such units of local government. Such application

24 shall specify the amount of such funds that are to

25 be distributed to each of the units of local govern-
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1 ment and the purposes for which such funds are to

2 be used. The units of local government involved may

3 establish a joint local advisory board for the pur4 poses of carrying out this paragraph.

5 ‘‘(B) In this paragraph, the term ‘geographi6 cally constituent unit of local government’ means a

7 unit of local government that has jurisdiction over

8 areas located within the boundaries of an area over

9 which a unit of local government certified pursuant

10 to clause (i) has jurisdiction.

11 ‘‘(c) UNAVAILABILITY AND INACCURACY OF INFOR12 MATION.—

13 ‘‘(1) DATA FOR STATES.—For purposes of this

14 section, if data regarding part 1 violent crimes in

15 any State for the 3 most recent calendar years is

16 unavailable or substantially inaccurate, the Director

17 shall utilize the best available comparable data re18 garding the number of violent crimes for such years

19 for such State for the purposes of allocation of any

20 funds under this title.

21 ‘‘(2) POSSIBLE INACCURACY OF DATA FOR

22 UNITS OF LOCAL GOVERNMENT.—In addition to the

23 provisions of paragraph (1), if the Director believes

24 that the reported rate of part 1 violent crimes for
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1 a unit of local government is inaccurate, the Direc2 tor shall—

3 ‘‘(A) investigate the methodology used by

4 such unit to determine the accuracy of the sub5 mitted data; and

6 ‘‘(B) when necessary, use the best avail7 able comparable data regarding the number of

8 violent crimes for such years for such unit of

9 local government.

10 ‘‘SEC. 105. UTILIZATION OF PRIVATE SECTOR.

11 ‘‘Funds or a portion of funds allocated under this

12 title may be utilized to contract with private, nonprofit en13 tities or community-based organizations to carry out the

14 purposes specified under section 101(a)(2).

15 ‘‘SEC. 106. PUBLIC PARTICIPATION.

16 ‘‘(a) IN GENERAL.—A unit of local government ex17 pending payments under this title shall hold not less than

18 1 public hearing on the proposed use of the payment from

19 the Director in relation to its entire budget.

20 ‘‘(b) VIEWS.—At the hearing, persons shall be given

21 an opportunity to provide written and oral views to the

22 unit of local government authority responsible for enacting

23 the budget and to ask questions about the entire budget

24 and the relation of the payment from the Director to the

25 entire budget.
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1 ‘‘(c) TIME AND PLACE.—The unit of local govern2 ment shall hold the hearing at a time and place that allows

3 and encourages public attendance and participation.

4 ‘‘SEC. 107. ADMINISTRATIVE PROVISIONS.

5 ‘‘The administrative provisions of part H of the Om6 nibus Crime Control and Safe Streets Act of 1968, shall

7 apply to this title and for purposes of this section any ref8 erence in such provisions to title I of the Omnibus Crime

9 Control and Safe Streets Act of 1968 shall be deemed to

10 be a reference to this title.

11 ‘‘SEC. 108. DEFINITIONS.

12 ‘‘For the purposes of this title:

13 ‘‘(1) The term ‘unit of local government’

14 means—

15 ‘‘(A) a county, township, city, or political

16 subdivision of a county, township, or city, that

17 is a unit of local government as determined by

18 the Secretary of Commerce for general statis19 tical purposes; and

20 ‘‘(B) the District of Columbia and the rec21 ognized governing body of an Indian tribe or

22 Alaskan Native village that carries out substan23 tial governmental duties and powers.
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1 ‘‘(2) The term ‘payment period’ means each 1-

2 year period beginning on October 1 of any year in

3 which a grant under this title is awarded.

4 ‘‘(3) The term ‘State’ means any State of the

5 United States, the District of Columbia, the Com6 monwealth of Puerto Rico, the Virgin Islands, Amer7 ican Samoa, Guam, and the Northern Mariana Is8 lands, except that American Samoa, Guam, and the

9 Northern Mariana Islands shall be considered as 1

10 State and that, for purposes of section 104(a), 33

11 percent of the amounts allocated shall be allocated

12 to American Samoa, 50 percent to Guam, and 17

13 percent to the Northern Mariana Islands.

14 ‘‘(4) The term ‘juvenile’ means an individual

15 who is 17 years of age or younger.

16 ‘‘(5) The term ‘part 1 violent crimes’ means

17 murder and nonnegligent manslaughter, forcible

18 rape, robbery, and aggravated assault as reported to

19 the Federal Bureau of Investigation for purposes of

20 the Uniform Crime Reports.

21 ‘‘(6) The term ‘Director’ means the Director of

22 the Bureau of Justice Assistance.’’.

23 (b) CONFORMING AMENDMENTS.—
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1 (1) Part Q of the Omnibus Crime Control and

2 Safe Streets Act of 1968 is repealed effective on

3 September 30, 1996.

4 (2) Notwithstanding the provisions of para5 graph (1), any funds that remain available to an ap6 plicant under part Q of title I of the Omnibus Crime

7 Control and Safe Streets Act of 1968 shall be used

8 in accordance with such part as in effect on the day

9 preceding the date of the enactment of this title.

10 (3) Effective on the date of the enactment of

11 this title, section 1001(a) of the Omnibus Crime

12 Control and Safe Streets Act is amended—

13 (A) in paragraph (3), by striking ‘‘Q,’’;

14 and

15 (B) by striking paragraph (11).

16 SEC. 402. CONFORMING AMENDMENTS.

17 (a) OUNCE OF PREVENTION COUNCIL.—

18 (1) IN GENERAL.—Subtitle A of title III of the

19 Violent Crime Control and Law Enforcement Act of

20 1994 is repealed.

21 (2) FUNDING.—Notwithstanding the provisions

22 of paragraph (1), any funds that remain available to

23 an applicant under subtitle A of title III of the Vio24 lent Crime Control and Law Enforcement Act of

25 1994 shall be used in accordance with with such
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1 subtitle as in effect on the day preceding the date

2 of enactment of this title.

3 (b) LOCAL CRIME PREVENTION BLOCK GRANT PRO4 GRAM.—Subtitle B of title III of the Violent Crime Con5 trol and Law Enforcement Act of 1994 is repealed.

6 (c) MODEL INTENSIVE BLOCK GRANT PROGRAMS.—

7 Subtitle C of title III of the Violent Crime Control and

8 Law Enforcement Act of 1994 is repealed.

9 (d) FAMILY AND COMMUNITY ENDEAVOR SCHOOLS

10 GRANT PROGRAM.—

11 (1) IN GENERAL.—Subtitle D of title III of the

12 Violent Crime Control and Law Enforcement Act of

13 1994 is repealed.

14 (2) FUNDING.—Notwithstanding the provisions

15 of paragraph (1), any funds that remain available to

16 an applicant under subtitle D of title III of the Vio17 lent Crime Control and Law Enforcement Act of

18 1994 shall be used in accordance with such subtitle

19 as in effect on the day preceding the date of enact20 ment of this title.

21 (e) ASSISTANCE FOR DELINQUENT AND AT-RISK

22 YOUTH.—Subtitle G of title III of the Violent Crime Con23 trol and Law Enforcement Act of 1994 is repealed.
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1 (f) POLICE RETIREMENT.—Subtitle H of title III of

2 the Violent Crime Control and Law Enforcement Act of

3 1994 is repealed.

4 (g) LOCAL PARTNERSHIP ACT.—

5 (1) SUBTITLE J.—Subtitle J of title III of the

6 Violent Crime Control and Law Enforcement Act of

7 1994 is repealed.

8 (2) FEDERAL PAYMENTS.—Chapter 67 of title

9 31, United States Code is repealed.

10 (3) TABLE OF CHAPTERS.—The table of chap11 ters at the beginning of subtitle V of title 31, United

12 States Code, is amended by striking the matter re13 lating to chapter 67.

14 (4) FUNDING.—Notwithstanding the provisions

15 of paragraph (2), any funds that remain available to

16 an applicant under chapter 67 of title 31, United

17 States Code, shall be used in accordance with such

18 chapter as in effect on the day preceding the date

19 of enactment of this title.

20 (h) NATIONAL COMMUNITY ECONOMIC PARTNER21 SHIP.—Subtitle K of title III of the Violent Crime Control

22 and Law Enforcement Act of 1994 is repealed.

23 (i) URBAN RECREATION AND AT-RISK YOUTH.—
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1 (1) RECREATION.—Subtitle O of title III of the

2 Violent Crime Control and Law Enforcement Act of

3 1994 is repealed.

4 (2) URBAN PARK AND RECREATION RECOV5 ERY.—(A) Section 1004 of the Urban Park and

6 Recreation Recovery Act of 1978 is amended—

7 (i) by striking subsection (d); and

8 (ii) by redesignating subsections (e)

9 through (k) as (d) through (j), respectively.

10 (B) Section 1005 of the Urban Park and Recre11 ation Recovery Act of 1978 is amended by inserting

12 ‘‘and’’ at the end of paragraph (6), by striking ‘‘;

13 and’’ and inserting a period at the end of paragraph

14 (7), and by striking paragraph (8).

15 (C) Section 1007(b) of the Urban Park and

16 Recreation Recovery Act of 1978 is amended by

17 striking the last 2 sentences.

18 (D) Section 1013 of the Urban Park and

19 Recreation Recovery Act of 1978 is amended by

20 striking ‘‘(a) IN GENERAL.—’’ after ‘‘1013’’ and by

21 striking subsection (b).

22 (j) COMMUNITY-BASED JUSTICE GRANTS FOR PROS23 ECUTORS.—Subtitle Q of title III of the Violent Crime

24 Control and Law Enforcement Act of 1994 is repealed.
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1 (k) FAMILY UNITY DEMONSTRATION PROJECT.—

2 Subtitle S of title III of the Violent Crime Control and

3 Law Enforcement Act of 1994 is repealed.

4 (l) GANG RESISTANCE AND EDUCATION TRAINING.—

5 (1) Subtitle X of title III of the Violent Crime Control

6 and Law Enforcement Act of 1994 is repealed.

7 (2) Notwithstanding the provisions of subparagraph

8 (A), any funds that remain available to an applicant under

9 subtitle X of title III of the Violent Crime Control and

10 Law Enforcement Act of 1994 shall be used in accordance

11 with such subtitle as in effect on the day preceding the

12 date of enactment of this title.

13 (m) CLERICAL AMENDMENTS.—

14 (1) The matter relating to title I in the table

15 of contents of the Violent Crime Control and Law

16 Enforcement Act of 1994 is amended to read as fol17 lows:

‘‘TITLE I—LAW ENFORCEMENT BLOCK GRANTS

‘‘Sec. 101. Payments to local governments.

‘‘Sec. 102. Authorization of appropriations.

‘‘Sec. 103. Qualification for payment.

‘‘Sec. 104. Allocation and distribution of funds.

‘‘Sec. 105. Utilization of private sector.

‘‘Sec. 106. Public participation.

‘‘Sec. 107. Administrative provisions.

‘‘Sec. 108. Definitions.’’.

18 (2) The table of contents of the Violent Crime

19 Control and Law Enforcement Act of 1994 is

20 amended by striking the matter relating to subtitles

21 A, B, C, D, G, H, J, K, O, Q, S, and X of title III.
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1 (3) The table of contents of the Omnibus Crime

2 Control and Safe Streets Act of 1968 is amended by

3 striking the matter relating to part Q of title I.

4 TITLE V—EFFECTIVE DEATH

5 PENALTY ACT OF 1996

6 Subtitle A—Habeas Corpus Reform

7 CHAPTER 1—POST CONVICTION PETI8 TIONS: GENERAL HABEAS CORPUS RE9 FORM

10 SEC. 501. PERIOD OF LIMITATION FOR FILING WRIT OF HA11 BEAS CORPUS FOLLOWING FINAL JUDGMENT

12 OF A STATE COURT.

13 Section 2244 of title 28, United States Code, is

14 amended by adding at the end the following:

15 ‘‘(d)(1) A one-year period of limitation shall apply to

16 an application for a writ of habeas corpus by a person

17 in custody pursuant to the judgment of a State court. The

18 limitation period shall run from the latest of the following

19 times:

20 ‘‘(A) The time at which the judgment became

21 final by the conclusion of direct review or the expira22 tion of the time for seeking such review.

23 ‘‘(B) The time at which the impediment to fil24 ing an application created by State action in viola25 tion of the Constitution or laws of the United States
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1 is removed, where the applicant was prevented from

2 filing by such State action.

3 ‘‘(C) The time at which the Federal right as4 serted was initially recognized by the Supreme

5 Court, where the right has been newly recognized by

6 the Court and is retroactively applicable.

7 ‘‘(D) The time at which the factual predicate of

8 the claim or claims presented could have been dis9 covered through the exercise of reasonable diligence.

10 ‘‘(2) Time that passes during the pendency of a prop11 erly filed application for State review with respect to the

12 pertinent judgment or claim shall not be counted toward

13 any period of limitation under this subsection.’’.

14 SEC. 502. AUTHORITY OF APPELLATE JUDGES TO ISSUE

15 CERTIFICATES OF PROBABLE CAUSE FOR AP16 PEAL IN HABEAS CORPUS AND FEDERAL COL17 LATERAL RELIEF PROCEEDINGS.

18 Section 2253 of title 28, United States Code, is

19 amended to read as follows:

20 ‘‘§ 2253. Appeal

21 ‘‘(a) In a habeas corpus proceeding or a proceeding

22 under section 2255 of this title before a circuit or district

23 judge, the final order shall be subject to review, on appeal,

24 by the court of appeals for the circuit where the proceed25 ing is had.
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1 ‘‘(b) There shall be no right of appeal from such an

2 order in a proceeding to test the validity of a warrant to

3 remove, to another district or place for commitment or

4 trial, a person charged with a criminal offense against the

5 United States, or to test the validity of his detention pend6 ing removal proceedings.

7 ‘‘(c) An appeal may not be taken to the court of ap8 peals from the final order in a habeas corpus proceeding

9 where the detention complained of arises out of process

10 issued by a State court, or from the final order in a pro11 ceeding under section 2255 of this title, unless a circuit

12 justice or judge issues a certificate of probable cause. A

13 certificate of probable cause may only issue if the peti14 tioner has made a substantial showing of the denial of a

15 Federal right. The certificate of probable cause must indi16 cate which specific issue or issues satisfy this standard.’’.

17 SEC. 503. CONFORMING AMENDMENT TO THE RULES OF AP18 PELLATE PROCEDURE.

19 Federal Rule of Appellate Procedure 22 is amended

20 to read as follows:

21 ‘‘RULE 22

22 ‘‘HABEAS CORPUS AND SECTION 2255 PROCEEDINGS

23 ‘‘(a) APPLICATION FOR AN ORIGINAL WRIT OF HA24 BEAS CORPUS.—An application for a writ of habeas cor25 pus shall be made to the appropriate district court. If ap-
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1 plication is made to a circuit judge, the application will

2 ordinarily be transferred to the appropriate district court.

3 If an application is made to or transferred to the district

4 court and denied, renewal of the application before a cir5 cuit judge is not favored; the proper remedy is by appeal

6 to the court of appeals from the order of the district court

7 denying the writ.

8 ‘‘(b) NECESSITY OF CERTIFICATE OF PROBABLE

9 CAUSE FOR APPEAL.—In a habeas corpus proceeding in

10 which the detention complained of arises out of process

11 issued by a State court, and in a motion proceeding pursu12 ant to section 2255 of title 28, United States Code, an

13 appeal by the applicant or movant may not proceed unless

14 a circuit judge issues a certificate of probable cause. If

15 a request for a certificate of probable cause is addressed

16 to the court of appeals, it shall be deemed addressed to

17 the judges thereof and shall be considered by a circuit

18 judge or judges as the court deems appropriate. If no ex19 press request for a certificate is filed, the notice of appeal

20 shall be deemed to constitute a request addressed to the

21 judges of the court of appeals. If an appeal is taken by

22 a State or the Government or its representative, a certifi23 cate of probable cause is not required.’’.
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1 SEC. 504. EFFECT OF PRIOR STATE CONSIDERATION.

2 (a) EXHAUSTION OF REMEDIES.—Section 2254(b) of

3 title 28, United States Code, is amended to read as fol4 lows:

5 ‘‘(b) An application for a writ of habeas corpus in

6 behalf of a person in custody pursuant to the judgment

7 of a State court shall not be granted unless it appears

8 that the applicant has exhausted the remedies available

9 in the courts of the State, or that there is either an ab10 sence of available State corrective process or the existence

11 of circumstances rendering such process ineffective to pro12 tect the rights of the applicant. An application may be

13 denied on the merits notwithstanding the failure of the

14 applicant to exhaust the remedies available in the courts

15 of the State. A State shall not be deemed to have waived

16 the exhaustion requirement or be estopped from reliance

17 upon the requirement unless through its counsel it waives

18 the requirement expressly.’’.

19 (b) STANDARD OF DEFERENCE TO STATE JUDICIAL

20 DECISIONS.—Section 2254 of title 28, United States

21 Code, is amended by adding at the end the following:

22 ‘‘(g) An application for a writ of habeas corpus on

23 behalf of a person in custody pursuant to the judgment

24 of a State court shall not be granted with respect to any

25 claim that was decided on the merits in State proceedings

26 unless the adjudication of the claim—
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1 ‘‘(1) resulted in a decision that was based on an

2 arbitrary or unreasonable interpretation of clearly

3 established Federal law as articulated in the deci4 sions of the Supreme Court of the United States;

5 ‘‘(2) resulted in a decision that was based on an

6 arbitrary or unreasonable application to the facts of

7 clearly established Federal law as articulated in the

8 decisions of the Supreme Court of the United States;

9 or

10 ‘‘(3) resulted in a decision that was based on an

11 arbitrary or unreasonable determination of the facts

12 in light of the evidence presented in the State pro13 ceeding.’’.

14 SEC. 505. PERIOD OF LIMITATION FOR FEDERAL PRIS15 ONERS FILING FOR COLLATERAL REMEDY.

16 Section 2255 of title 28, United States Code, is

17 amended by striking the second paragraph and the penul18 timate paragraph thereof, and by adding at the end the

19 following new paragraphs:

20 ‘‘A two-year period of limitation shall apply to a mo21 tion under this section. The limitation period shall run

22 from the latest of the following times:

23 ‘‘(1) The time at which the judgment of convic24 tion becomes final.
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1 ‘‘(2) The time at which the impediment to mak2 ing a motion created by governmental action in vio3 lation of the Constitution or laws of the United

4 States is removed, where the movant was prevented

5 from making a motion by such governmental action.

6 ‘‘(3) The time at which the right asserted was

7 initially recognized by the Supreme Court, where the

8 right has been newly recognized by the Court and is

9 retroactively applicable.

10 ‘‘(4) The time at which the factual predicate of

11 the claim or claims presented could have been dis12 covered through the exercise of reasonable dili13 gence.’’.

14 CHAPTER 2—SPECIAL PROCEDURES FOR

15 COLLATERAL PROCEEDINGS IN CAP16 ITAL CASES

17 SEC. 511. DEATH PENALTY LITIGATION PROCEDURES.

18 (a) IN GENERAL.—Title 28, United States Code, is

19 amended by inserting the following new chapter after

20 chapter 153:

21 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

22 PROCEDURES IN CAPITAL CASES

‘‘Sec.

‘‘2256. Prisoners in State custody subject to capital sentence; appointment of

counsel; requirement of rule of court or statute; procedures for

appointment.

‘‘2257. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2258. Filing of habeas corpus petition; time requirements; tolling rules.
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‘‘2259. Scope of Federal review; district court adjudications.

‘‘2260. Certificate of probable cause.

‘‘2261. Application to State unitary review procedure.

‘‘2262. Limitation periods for determining petitions.

‘‘2263. Rule of construction.

1 ‘‘§ 2256. Prisoners in State custody subject to capital

2 sentence; appointment of counsel; re3 quirement of rule of court or statute; pro4 cedures for appointment

5 ‘‘(a) This chapter shall apply to cases arising under

6 section 2254 brought by prisoners in State custody who

7 are subject to a capital sentence. It shall apply only if the

8 provisions of subsections (b) and (c) are satisfied.

9 ‘‘(b) This chapter is applicable if a State establishes

10 by rule of its court of last resort or by statute a mecha11 nism for the appointment, compensation and payment of

12 reasonable litigation expenses of competent counsel in

13 State postconviction proceedings brought by indigent pris14 oners whose capital convictions and sentences have been

15 upheld on direct appeal to the court of last resort in the

16 State or have otherwise become final for State law pur17 poses. The rule of court or statute must provide standards

18 of competency for the appointment of such counsel.

19 ‘‘(c) Any mechanism for the appointment, compensa20 tion and reimbursement of counsel as provided in sub21 section (b) must offer counsel to all State prisoners under

22 capital sentence and must provide for the entry of an

23 order by a court of record: (1) appointing one or more
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1 counsel to represent the prisoner upon a finding that the

2 prisoner is indigent and accepted the offer or is unable

3 competently to decide whether to accept or reject the offer;

4 (2) finding, after a hearing if necessary, that the prisoner

5 rejected the offer of counsel and made the decision with

6 an understanding of its legal consequences; or (3) denying

7 the appointment of counsel upon a finding that the pris8 oner is not indigent.

9 ‘‘(d) No counsel appointed pursuant to subsections

10 (b) and (c) to represent a State prisoner under capital

11 sentence shall have previously represented the prisoner at

12 trial or on direct appeal in the case for which the appoint13 ment is made unless the prisoner and counsel expressly

14 request continued representation.

15 ‘‘(e) The ineffectiveness or incompetence of counsel

16 during State or Federal collateral postconviction proceed17 ings in a capital case shall not be a ground for relief in

18 a proceeding arising under section 2254 of this chapter.

19 This limitation shall not preclude the appointment of dif20 ferent counsel, on the court’s own motion or at the request

21 of the prisoner, at any phase of State or Federal

22 postconviction proceedings on the basis of the ineffective23 ness or incompetence of counsel in such proceedings.
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1 ‘‘§ 2257. Mandatory stay of execution; duration; limits

2 on stays of execution; successive peti3 tions

4 ‘‘(a) Upon the entry in the appropriate State court

5 of record of an order under section 2256(c), a warrant

6 or order setting an execution date for a State prisoner

7 shall be stayed upon application to any court that would

8 have jurisdiction over any proceedings filed under section

9 2254. The application must recite that the State has in10 voked the postconviction review procedures of this chapter

11 and that the scheduled execution is subject to stay.

12 ‘‘(b) A stay of execution granted pursuant to sub13 section (a) shall expire if—

14 ‘‘(1) a State prisoner fails to file a habeas cor15 pus petition under section 2254 within the time re16 quired in section 2258;

17 ‘‘(2) before a court of competent jurisdiction, in

18 the presence of counsel and after having been ad19 vised of the consequences of his decision, a State

20 prisoner under capital sentence waives the right to

21 pursue habeas corpus review under section 2254; or

22 ‘‘(3) a State prisoner files a habeas corpus peti23 tion under section 2254 within the time required in

24 section 2258 and fails to make a substantial showing

25 of the denial of a Federal right or is denied relief
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1 in the district court or at any subsequent stage of

2 review.

3 ‘‘(c) On a second or later habeas corpus petition

4 under section 2254, no Federal court shall have the au5 thority to enter a stay of execution or grant relief in a

6 capital case unless—

7 ‘‘(1) the basis for the stay and request for relief

8 is a claim not previously presented in the State or

9 Federal courts;

10 ‘‘(2) the failure to raise the claim is (A) the re11 sult of State action in violation of the Constitution

12 or laws of the United States; (B) the result of the

13 Supreme Court recognition of a new Federal right

14 that is retroactively applicable; or (C) based on a

15 factual predicate that could not have been discovered

16 through the exercise of reasonable diligence in time

17 to present the claim for State or Federal

18 postconviction review; and

19 ‘‘(3) the facts underlying the claim would be

20 sufficient to establish by clear and convincing evi21 dence that but for constitutional error, no reasonable

22 fact finder would have found the petitioner guilty of

23 the underlying offense.

24 ‘‘(d) Notwithstanding any other provision of law, no

25 Federal district court or appellate judge shall have the au-
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1 thority to enter a stay of execution, issue injunctive relief,

2 or grant any equitable or other relief in a capital case on

3 any successive habeas petition unless the court first deter4 mines the petition or other action does not constitute an

5 abuse of the writ. This determination shall be made only

6 by the district judge or appellate panel who adjudicated

7 the merits of the original habeas petition (or to the district

8 judge or appellate panel to which the case may have been

9 subsequently assigned as a result of the unavailability of

10 the original court or judges). In the Federal courts of ap11 peal, a stay may issue pursuant to the terms of this provi12 sion only when a majority of the original panel or majority

13 of the active judges determines the petition does not con14 stitute an abuse of the writ.

15 ‘‘§ 2258. Filing of habeas corpus petition; time re16 quirements; tolling rules

17 ‘‘Any petition for habeas corpus relief under section

18 2254 must be filed in the appropriate district court within

19 one hundred and eighty days from the filing in the appro20 priate State court of record of an order under section

21 2256(c). The time requirements established by this section

22 shall be tolled—

23 ‘‘(1) from the date that a petition for certiorari

24 is filed in the Supreme Court until the date of final

25 disposition of the petition if a State prisoner files
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1 the petition to secure review by the Supreme Court

2 of the affirmance of a capital sentence on direct re3 view by the court of last resort of the State or other

4 final State court decision on direct review;

5 ‘‘(2) during any period in which a State pris6 oner under capital sentence has a properly filed re7 quest for postconviction review pending before a

8 State court of competent jurisdiction; if all State fil9 ing rules are met in a timely manner, this period

10 shall run continuously from the date that the State

11 prisoner initially files for postconviction review until

12 final disposition of the case by the highest court of

13 the State, but the time requirements established by

14 this section are not tolled during the pendency of a

15 petition for certiorari before the Supreme Court ex16 cept as provided in paragraph (1); and

17 ‘‘(3) during an additional period not to exceed

18 sixty days, if (A) a motion for an extension of time

19 is filed in the Federal district court that would have

20 proper jurisdiction over the case upon the filing of

21 a habeas corpus petition under section 2254; and

22 (B) a showing of good cause is made for the failure

23 to file the habeas corpus petition within the time pe24 riod established by this section.
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1 ‘‘§ 2259. Scope of Federal review; district court adju2 dications

3 ‘‘(a) Whenever a State prisoner under capital sen4 tence files a petition for habeas corpus relief to which this

5 chapter applies, the district court shall only consider a

6 claim or claims that have been raised and decided on the

7 merits in the State courts, unless the failure to raise the

8 claim properly is—

9 ‘‘(1) the result of State action in violation of

10 the Constitution or laws of the United States;

11 ‘‘(2) the result of the Supreme Court recogni12 tion of a new Federal right that is retroactively ap13 plicable; or

14 ‘‘(3) based on a factual predicate that could not

15 have been discovered through the exercise of reason16 able diligence in time to present the claim for State

17 or Federal postconviction review.

18 ‘‘(b) Following review subject to the constraints set

19 forth in subsection (a) and subsections (d) and (g) of sec20 tion 2254 of this title, the court shall rule on the claims

21 properly before it.

22 ‘‘§ 2260. Certificate of probable cause

23 ‘‘An appeal may not be taken to the court of appeals

24 from the final order of a district court denying relief in

25 a habeas corpus proceeding that is subject to the provi26 sions of this chapter unless a circuit justice or judge issues
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1 a certificate of probable cause. A certificate of probable

2 cause may only be issued if the petitioner has made a sub3 stantial showing of the denial of a Federal right. The cer4 tificate of probable cause must indicate which specific

5 issue or issues satisfy this standard.

6 ‘‘§ 2261. Application to State unitary review proce7 dure

8 ‘‘(a) For purposes of this section, a ‘unitary review’

9 procedure means a State procedure that authorizes a per10 son under sentence of death to raise, in the course of di11 rect review of the judgment, such claims as could be raised

12 on collateral attack. The provisions of this chapter shall

13 apply, as provided in this section, in relation to a State

14 unitary review procedure if the State establishes by rule

15 of its court of last resort or by statute a mechanism for

16 the appointment, compensation and payment of reasonable

17 litigation expenses of competent counsel in the unitary re18 view proceedings, including expenses relating to the litiga19 tion of collateral claims in the proceedings. The rule of

20 court or statute must provide standards of competency for

21 the appointment of such counsel.

22 ‘‘(b) A unitary review procedure, to qualify under this

23 section, must include an offer of counsel following trial

24 for the purpose of representation on unitary review, and

25 entry of an order, as provided in section 2256(c), concern-
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1 ing appointment of counsel or waiver or denial of appoint2 ment of counsel for that purpose. No counsel appointed

3 to represent the prisoner in the unitary review proceedings

4 shall have previously represented the prisoner at trial in

5 the case for which the appointment is made unless the

6 prisoner and counsel expressly request continued represen7 tation.

8 ‘‘(c) Sections 2257, 2258, 2259, 2260, and 2262

9 shall apply in relation to cases involving a sentence of

10 death from any State having a unitary review procedure

11 that qualifies under this section. References to State ‘post12 conviction review’ and ‘direct review’ in those sections

13 shall be understood as referring to unitary review under

14 the State procedure. The references in sections 2257(a)

15 and 2258 to ‘an order under section 2256(c)’ shall be un16 derstood as referring to the post-trial order under sub17 section (b) concerning representation in the unitary review

18 proceedings, but if a transcript of the trial proceedings

19 is unavailable at the time of the filing of such an order

20 in the appropriate State court, then the start of the one

21 hundred and eighty day limitation period under section

22 2258 shall be deferred until a transcript is made available

23 to the prisoner or his counsel.
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1 ‘‘§ 2262. Limitation periods for determining petitions

2 ‘‘(a)(1) A Federal district court shall determine such

3 a petition or motion within 60 days of any argument heard

4 on an evidentiary hearing, or where no evidentiary hearing

5 is held, within 60 days of any final argument heard in

6 the case.

7 ‘‘(2)(A) The court of appeals shall determine any ap8 peal relating to such a petition or motion within 90 days

9 after the filing of any reply brief or within 90 days after

10 such reply brief would be due. For purposes of this provi11 sion, any reply brief shall be due within 14 days of the

12 opposition brief.

13 ‘‘(B) The court of appeals shall decide any petition

14 for rehearing and or request by an appropriate judge for

15 rehearing en banc within 20 days of the filing of such a

16 petition or request unless a responsive pleading is required

17 in which case the court of appeals shall decide the applica18 tion within 20 days of the filing of the responsive pleading.

19 If en banc consideration is granted, the en banc court shall

20 determine the appeal within 90 days of the decision to

21 grant such consideration.

22 ‘‘(3) The time limitations contained in paragraphs

23 (1) and (2) may be extended only once for 20 days, upon

24 an express good cause finding by the court that the inter25 ests of justice warrant such a one-time extension. The spe-
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1 cific grounds for the good cause finding shall be set forth

2 in writing in any extension order of the court.

3 ‘‘(b) The time limitations under subsection (a) shall

4 apply to an initial petition or motion, and to any second

5 or successive petition or motion. The same limitations

6 shall also apply to the re-determination of a petition or

7 motion or related appeal following a remand by the court

8 of appeals or the Supreme Court for further proceedings,

9 and in such a case the limitation period shall run from

10 the date of the remand.

11 ‘‘(c) The time limitations under this section shall not

12 be construed to entitle a petitioner or movant to a stay

13 of execution, to which the petitioner or movant would oth14 erwise not be entitled, for the purpose of litigating any

15 petition, motion, or appeal.

16 ‘‘(d) The failure of a court to meet or comply with

17 the time limitations under this section shall not be a

18 ground for granting relief from a judgment of conviction

19 or sentence. The State or Government may enforce the

20 time limitations under this section by applying to the court

21 of appeals or the Supreme Court for a writ of mandamus.

22 ‘‘(e) The Administrative Office of United States

23 Courts shall report annually to Congress on the compli24 ance by the courts with the time limits established in this

25 section.
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1 ‘‘(f) The adjudication of any petition under section

2 2254 of this title that is subject to this chapter, and the

3 adjudication of any motion under section 2255 of this title

4 by a person under sentence of death, shall be given prior5 ity by the district court and by the court of appeals over

6 all noncapital matters.

7 ‘‘§ 2263. Rule of construction

8 ‘‘This chapter shall be construed to promote the expe9 ditious conduct and conclusion of State and Federal court

10 review in capital cases.’’.

11 (b) CLERICAL AMENDMENT.—The table of chapters

12 at the beginning of part VI of title 28, United States Code,

13 is amended by inserting after the item relating to chapter

14 153 the following new item:

‘‘154. Special habeas corpus procedures in capital

cases ............................................................................ 2256’’.

15 CHAPTER 3—FUNDING FOR LITIGATION

16 OF FEDERAL HABEAS CORPUS PETI17 TIONS IN CAPITAL CASES

18 SEC. 521. FUNDING FOR DEATH PENALTY PROSECUTIONS.

19 (a) IN GENERAL.—Part E of title I of the Omnibus

20 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

21 3711 et seq.) is amended by adding at the end the follow22 ing new section:
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1 ‘‘FUNDING FOR LITIGATION OF FEDERAL HABEAS

2 CORPUS PETITIONS IN CAPITAL CASES

3 ‘‘SEC. 523. Notwithstanding any other provision of

4 this subpart, the Director is authorized to provide grants

5 to the States, from the funding allocated pursuant to sec6 tion 511, for the purpose of supporting litigation pertain7 ing to Federal habeas corpus petitions in capital cases.

8 The total funding available for such grants within any fis9 cal year shall be equal to the funding provided to capital

10 resource centers, pursuant to Federal appropriation, in

11 the same fiscal year.’’.

12 (b) CLERICAL AMENDMENT.—The table of contents

13 at the beginning of title I of the Omnibus Crime Control

14 and Safe Streets Act of 1968 is amended by inserting

15 after the item relating to section 522 the following new

16 item:

‘‘Sec. 523. Funding for litigation of Federal habeas corpus petitions in capital

cases.’’.

17 Subtitle B—Federal Death Penalty

18 Procedures Reform

19 SEC. 531. FEDERAL DEATH PENALTY PROCEDURES RE20 FORM.

21 (a) IN GENERAL.—Subsection (e) of section 3593 of

22 title 18, United States Code, is amended by striking ‘‘shall

23 consider’’ and all that follows through the end of such sub24 section and inserting the following: ‘‘shall then consider
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1 whether the aggravating factor or factors found to exist

2 outweigh any mitigating factors. The jury, or if there is

3 no jury, the court shall recommend a sentence of death

4 if it unanimously finds at least one aggravating factor and

5 no mitigating factor or if it finds one or more aggravating

6 factors which outweigh any mitigating factors. In any

7 other case, it shall not recommend a sentence of death.

8 The jury shall be instructed that it must avoid any influ9 ence of sympathy, sentiment, passion, prejudice, or other

10 arbitrary factors in its decision, and should make such a

11 recommendation as the information warrants. The jury

12 shall be instructed that its recommendation concerning a

13 sentence of death is to be based on the aggravating factor

14 or factors and any mitigating factors which have been

15 found, but that the final decision concerning the balance

16 of aggravating and mitigating factors is a matter for the

17 jury’s judgment.’’.

18 (b) CONFORMING AMENDMENT.—Section 3594 of

19 title 18, United States Code, is amended by striking ‘‘or

20 life imprisonment without possibility of release’’.

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