```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2992 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crime Prevention and Family 
Protection Act of 1996''.

               TITLE I--VICTIM RESTITUTION ACT OF 1996''.

SEC. 101. MANDATORY RESTITUTION AND OTHER PROVISIONS.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``may order, in addition to 
                        or, in the case of a misdemeanor, in lieu of 
                        any other penalty authorized by law'' and 
                        inserting ``shall order''; and
                            (ii) by adding at the end the following: 
                        ``The requirement of this paragraph does not 
                        affect the power of the court to impose any 
                        other penalty authorized by law. In the case of 
                        a misdemeanor, the court may impose restitution 
                        in lieu of any other penalty authorized by 
                        law.'';
                    (B) by adding at the end the following:
    ``(4) In addition to ordering restitution to the victim of the 
offense of which a defendant is convicted, a court may order 
restitution to any person who, as shown by a preponderance of evidence, 
was harmed physically, emotionally, or pecuniarily, by unlawful conduct 
of the defendant during--
            ``(A) the criminal episode during which the offense 
        occurred; or
            ``(B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(B) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) in any case, reimburse the victim for lost income and 
        necessary child care, transportation, and other expenses 
        related to participation in the investigation or prosecution of 
        the offense or attendance at proceedings related to the 
        offense; and'';
            (5) in subsection (c) by striking ``If the court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (6) by striking subsections (d), (e), (f), (g), and (h);
            (7) by redesignating subsection (i) as subsection (m); and
            (8) by inserting after subsection (c) the following:
    ``(d)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner in 
which and the schedule according to which the restitution is to be 
paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        offender;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restitution order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender. A 
restitution order shall direct the offender to give appropriate notice 
to victims and other persons in cases where there are multiple victims 
or other persons who may receive restitution, and where the identity of 
such victims and other persons can be reasonably determined.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(f) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution to each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(g)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution to victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(h) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful; and
                    ``(B) notify the court and the interested parties 
                when an offender is 30 days in arrears in meeting those 
                obligations; and
            ``(3) the offender shall advise the entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(j) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, hold the defendant in contempt of court, 
enter a restraining order or injunction, order the sale of property of 
the defendant, accept a performance bond, or take any other action 
necessary to obtain compliance with the restitution order. In 
determining what action to take, the court shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness in failing to comply with the restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(k) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter B of chapter 229 of this 
                title; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(l) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end thereof the following new 
        subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.''.

          TITLE II--VIOLENT CRIMINAL INCARCERATION ACT OF 1996

                    Subtitle A--Truth in Sentencing

SEC. 201. TRUTH IN SENTENCING GRANT PROGRAM.

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

                 ``TITLE V--TRUTH IN SENTENCING GRANTS

``SEC. 501. AUTHORIZATION OF GRANTS.

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

``SEC. 502. GENERAL GRANTS.

    ``(a) Distribution of General Grants.--50 percent of the total 
amount of funds made available under this title for each of the fiscal 
years 1996 through 2001 shall be made available for general eligibility 
grants for each State or States organized as a regional compact that 
meets the requirements of subsection (b).
    ``(b) General Grants.--In order to be eligible to receive funds 
under subsection (a), a State or States organized as a regional compact 
shall submit an application to the Attorney General that provides 
assurances that such State since 1993 has--
            ``(1) increased the percentage of convicted violent 
        offenders sentenced to prison;
            ``(2) increased the average prison time actually to be 
        served in prison by convicted violent offenders sentenced to 
        prison; and
            ``(3) increased the percentage of sentence to be actually 
        served in prison by violent offenders sentenced to prison.

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

    ``(a) Truth-in-Sentencing Incentive Grants.--50 percent of the 
total amount of funds made available under this title for each of the 
fiscal years 1996 through 2001 shall be made available for truth-in-
sentencing incentive grants to each State or States organized as a 
regional compact that meet the requirements of subsection (b).
    ``(b) Eligibility for Truth-in-Sentencing Incentive Grants.--In 
order to be eligible to receive funds under subsection (a), a State or 
States organized as a regional compact shall submit an application to 
the Attorney General that provides assurances that each State applying 
has enacted laws and regulations which include--
            ``(1)(A) truth-in-sentencing laws which require persons 
        convicted of a serious violent felony serve not less than 85 
        percent of the sentence imposed or 85 percent of the court-
        ordered maximum sentence for States that practice indeterminate 
        sentencing; or
            ``(B) truth-in-sentencing laws which have been enacted, but 
        not yet implemented, that require such State, not later than 
        three years after such State submits an application to the 
        Attorney General, to provide that persons convicted of a 
serious violent felony serve not less than 85 percent of the sentence 
imposed or 85 percent of the court-ordered maximum sentence for States 
that practice indeterminate sentencing;
            ``(2) laws requiring that the sentencing or releasing 
        authorities notify and allow the victims of the defendant or 
        the family of such victims the opportunity to be heard 
        regarding the issue of sentencing and any postconviction 
        release; and
            ``(3) laws requiring that the releasing authority notify 
        the victims of serious violent felons or the family of such 
        victims and the convicting court regarding the release of a 
        defendant.

``SEC. 504. SPECIAL RULES.

    ``(a) Additional Requirements.--To be eligible to receive a grant 
under section 502 or 503, a State or States organized as a regional 
compact shall provide an assurance to the Attorney General that--
            ``(1) to the extent practicable, inmate labor will be used 
        to build and expand correctional facilities;
            ``(2) each State will involve counties and other units of 
        local government, when appropriate, in the construction, 
        development, expansion, modification, operation, or improvement 
        of correctional facilities designed to ensure the incarceration 
        of offenders, and that each State will share funds received 
        under this title with any county or other unit of local 
        government that is housing State prisoners, taking into account 
        the burden placed on such county or unit of local government in 
        confining prisoners due to overcrowding in State prison 
        facilities in furtherance of the purposes of this Act;
            ``(3) the State has implemented or will implement, not 
        later than 18 months after the date of the enactment of the 
        Crime Prevention and Family Protection Act of 1996, policies to 
        determine the veteran status of inmates and to ensure that 
        incarcerated veterans receive the veterans benefits to which 
        they are entitled; and
            ``(4) the State has adopted procedures for the collection 
        of reliable statistical data which compiles the rate of serious 
        violent felonies after the receipt of grant funds under section 
        502 or section 503 in comparison to the rate of serious violent 
        felonies before receipt of such funds and will report such 
        statistical data to the Attorney General if such data is not 
        already provided.
    ``(b) Juvenile Justice Incentive.--Beginning in fiscal year 1998, 
15 percent of the funds that would otherwise be available to a State 
under section 502 or 503 shall be withheld from any State which does 
not have an eligible system of consequential sanctions for juvenile 
offenders.
    ``(c) Indeterminant Sentencing Exception.--Notwithstanding the 
provisions of paragraphs (1) through (3) of section 502(b), a State 
shall be eligible for grants under this title, if the State, not later 
than the date of the enactment of this title--
            ``(1) practices indeterminant sentencing; and
            ``(2) the average times served in such State for the 
        offenses of murder, rape, robbery, and assault exceed, by 10 
        percent or greater, the national average of times served for 
        such offenses.
    ``(d) Availability of Funds for Jail Construction.--A State may use 
up to 15 percent of the funds provided under this title for jail 
construction, if the Attorney General determines that the State has 
enacted--
            ``(1) legislation that provides for pretrial release 
        requirements at least as restrictive as those found in section 
        3142 of title 18, United States Code; or
            ``(2) legislation that requires an individual charged with 
        an offense for which a sentence of more than one year may be 
        imposed, or charged with an offense involving violence against 
        another person, may not be released before trial without a 
        financial guarantee to ensure appearance before trial.''.
    ``(e) Exception.--The requirements under section 503(b) shall 
apply, except that a State may provide that the Governor of the State 
may allow for earlier release of a geriatric prisoner or a prisoner 
whose medical condition precludes the prisoner from posing a threat to 
the public after a public hearing in which representatives of the 
public and the prisoner's victims have an opportunity to be heard 
regarding a proposed release.
    ``(f) Funds for Juvenile Offenders.--Notwithstanding any other 
provision of this title, if a State or unit of local government located 
in a State which otherwise meets the requirements of section 502 or 503 
certifies to the Attorney General that exigent circumstances exist 
which require that the State expend funds to confine juvenile 
offenders, the State may use funds received under this title to build, 
expand, and operate juvenile correctional facilities or pretrial 
detention facilities for such offenders.

``SEC. 505. FORMULA FOR GRANTS.

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

``SEC. 506. ACCOUNTABILITY.

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

``SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

``SEC. 509. DEFINITIONS.

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

SEC. 202. CONFORMING AMENDMENTS.

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

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

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

             Subtitle B--Stopping Abusive Prisoner Lawsuits

SEC. 211. EXHAUSTION REQUIREMENT.

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

SEC. 212. FRIVOLOUS ACTIONS.

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

SEC. 213. MODIFICATION OF REQUIRED MINIMUM STANDARDS.

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

SEC. 214. PROCEEDINGS IN FORMA PAUPERIS.

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

                 Subtitle C--Stop Turning Out Prisoners

SEC. 221. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

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

    Subtitle D--Enhancing Protection Against Incarcerated Criminals

SEC. 231. PRISON SECURITY.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 4047. Strength-training of prisoners prohibited
    ``The Bureau of Prisons shall ensure that--
            ``(1) prisoners under its jurisdiction do not engage in any 
        physical activities designed to increase their fighting 
        ability; and
            ``(2) all equipment designed for increasing the strength or 
        fighting ability of prisoners promptly be removed from Federal 
        correctional facilities and not be introduced into such 
        facilities thereafter except as needed for a medically required 
        program of physical rehabilitation approved by the Director of 
        the Bureau of Prisons.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 303 of title 18, United States Code, is amended by adding at 
the end the following new item:

``4047. Strength-training of prisoners prohibited.''.

                     Subtitle E--Prison Conditions

SEC. 241. PRISON CONDITIONS.

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

SEC. 242. ANNUAL REPORT.

    The director of the Bureau of Prisons shall submit to Congress on 
or before December 31 of each year, beginning on December 31, 1996, a 
report setting forth the amount spent at each Federal correctional 
facility under the jurisdiction of the Bureau of Prisons for each of 
the following items:
            (1) The minimal requirements necessary to maintain custody 
        and security of prisoners.
            (2) Basic nutritional needs.
            (3) Essential medical services.
            (4) Amenities and programs beyond the scope of the items 
        referred to in paragraphs (1) through (3), including but not 
        limited to--
                    (A) recreational programs and facilities;
                    (B) vocational and educational programs; and
                    (C) counseling services, together with the 
                rationale for spending on each category and empirical 
                data, if any, supporting such rationale.

                 Subtitle F--Community Service Projects

SEC. 251. BUREAU OF PRISONS COMMUNITY SERVICE PROJECTS.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4048. Community service projects
    ``(a) Subject to the limitations of subsection (b), the Chief 
Executive Officer of a Federal penal or correctional facility may, as 
part of an inmate work program, provide services to private, nonprofit 
organizations, as defined in section 501(c)(3) of the Internal Revenue 
Code of 1986, or to a component of any State government or political 
subdivision thereof. Such services shall be provided pursuant to rules 
prescribed by the Attorney General.
    ``(b) Services provided under subsection (a)--
            ``(1) shall be used only for the benefit of the recipient 
        entity and not for the benefit of any individual or 
        organization other than the recipient; and
            ``(2) shall not displace an employee of the recipient or 
        result in a reduction in hours, wages, or employment benefits 
        of any employee of the recipient.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
chapter 303, title 18, United States Code, is amended by adding at the 
end the following new item:

``4048. Community service projects.''.

              Subtitle G--Prison Commissary Administration

SEC. 261. ADMINISTRATION OF FEDERAL PRISON COMMISSARIES.

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

SEC. 262. TECHNICAL AMENDMENT.

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

     TITLE III--CRIMINAL ALIEN DEPORTATION IMPROVEMENTS ACT OF 1996

SEC. 301. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of 
the Immigration and Nationality Technical Corrections Act of 1994 
(Public Law 103-416), is amended--
            (1) in subparagraph (J), by inserting ``, or an offense 
        described in section 1084 (if it is a second or subsequent 
        offense) or 1955 of that title (relating to gambling 
        offenses),'' after ``corrupt organizations)'';
            (2) in subparagraph (K)--
                    (A) by striking ``or'' at the end of clause (i),
                    (B) by redesignating clause (ii) as clause (iii), 
                and
                    (C) by inserting after clause (i) the following new 
                clause:
                            ``(ii) is described in section 2421, 2422, 
                        or 2423 of title 18, United States Code 
                        (relating to transportation for the purpose of 
                        prostitution) for commercial advantage; or'';
            (3) by amending subparagraph (N) to read as follows:
                    ``(N) an offense described in paragraph (1)(A) or 
                (2) of section 274(a) (relating to alien smuggling) for 
                which the term of imprisonment imposed (regardless of 
                any suspension of imprisonment) is at least 5 years;'';
            (4) by amending subparagraph (O) to read as follows:
                    ``(O) an offense (i) which either is falsely 
                making, forging, counterfeiting, mutilating, or 
                altering a passport or instrument in violation of 
                section 1543 of title 18, United States Code, or is 
                described in section 1546(a) of such title (relating to 
                document fraud) and (ii) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 18 months;''
            (5) in subparagraph (P), by striking ``15 years'' and 
        inserting ``5 years'', and by striking ``and'' at the end;
            (6) by redesignating subparagraphs (O), (P), and (Q) as 
        subparagraphs (P), (Q), and (U), respectively;
            (7) by inserting after subparagraph (N) the following new 
        subparagraph:
                    ``(O) an offense described in section 275(a) or 276 
                committed by an alien who was previously deported on 
                the basis of a conviction for an offense described in 
                another subparagraph of this paragraph;''; and
            (8) by inserting after subparagraph (Q), as so 
        redesignated, the following new subparagraphs:
                    ``(R) an offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles the 
                identification numbers of which have been altered for 
                which a sentence of 5 years' imprisonment or more may 
                be imposed;
                    ``(S) an offense relating to obstruction of 
                justice, perjury or subornation of perjury, or bribery 
                of a witness, for which a sentence of 5 years' 
                imprisonment or more may be imposed;
                    ``(T) an offense relating to a failure to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony for which a sentence 
                of 2 years' imprisonment or more may be imposed; and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to convictions entered on or after the date of the enactment of 
this title, except that the amendment made by subsection (a)(3) shall 
take effect as if included in the enactment of section 222 of the 
Immigration and Nationality Technical Corrections Act of 1994.

SEC. 302. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

    (a) Administrative Hearings.--Section 242A(b) of the Immigration 
and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) 
of the Violent Crime Control and Law Enforcement Act of 1994 (Public 
Law 103-322), is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A) and inserting ``or'', and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) had permanent resident status on a 
                conditional basis (as described in section 216) at the 
                time that proceedings under this section commenced.'';
            (2) in paragraph (3), by striking ``30 calendar days'' and 
        inserting ``14 calendar days'';
            (3) in paragraph (4)(B), by striking ``proccedings'' and 
        inserting ``proceedings'';
            (4) in paragraph (4)--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (F) and (G), respectively; and
                    (B) by adding after subparagraph (C) the following 
                new subparagraphs:
                    ``(D) such proceedings are conducted in, or 
                translated for the alien into, a language the alien 
                understands;
                    ``(E) a determination is made for the record at 
                such proceedings that the individual who appears to 
                respond in such a proceeding is an alien subject to 
                such an expedited proceeding under this section and is, 
                in fact, the alien named in the notice for such 
                proceeding,''; and
            (5) by adding at the end the following new paragraph:
            ``(5) No alien described in this section shall be eligible 
        for any relief from deportation that the Attorney General may 
        grant in the Attorney General's discretion.''.
    (b) Limit on Judicial Review.--Subsection (d) of section 106 of the 
Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 
130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), is amended to read as follows:
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(c) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
    (c) Presumption of Deportability.--Section 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252a) is amended by inserting after 
subsection (b) the following new subsection:
    ``(c) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of the enactment of this title.

SEC. 303. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 YEARS 
              PERMANENT RESIDENCE FOR CERTAIN CRIMINAL ALIENS.

    The last sentence of section 212(c) of the Immigration and 
Nationality Act (8 U.S.C. 1182(c)) is amended by striking ``has served 
for such felony or felonies'' and all that follows through the period 
and inserting ``has been sentenced for such felony or felonies to a 
term of imprisonment of at least 5 years, if the time for appealing 
such conviction or sentence has expired and the sentence has become 
final.''.

SEC. 304. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION 
              ORDER.

    (a) In General.--Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended by adding at the end the following new 
subsection:
    ``(c) In a criminal proceeding under this section, an alien may not 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates that--
            ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to criminal proceedings initiated after the date of the enactment 
of this title.

SEC. 305. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    Section 130002(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-312) is amended to read as follows:
    ``(a) Operation and Purpose.--The Commissioner of Immigration and 
Naturalization shall, under the authority of section 242(a)(3)(A) of 
the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a 
criminal alien identification system. The criminal alien identification 
system shall be used to assist Federal, State, and local law 
enforcement agencies in identifying and locating aliens who may be 
subject to deportation by reason of their conviction of aggravated 
felonies.''.

SEC. 306. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO-
              PREDICATE OFFENSES.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by inserting ``section 1028 (relating to fraud and 
        related activity in connection with identification documents) 
        if the act indictable under section 1028 was committed for the 
        purpose of financial gain,'' before ``section 1029'';
            (2) by inserting ``section 1542 (relating to false 
        statement in application and use of passport) if the act 
        indictable under section 1542 was committed for the purpose of 
        financial gain, section 1543 (relating to forgery or false use 
        of passport) if the act indictable under section 1543 was 
        committed for the purpose of financial gain, section 1544 
        (relating to misuse of passport) if the act indictable under 
        section 1544 was committed for the purpose of financial gain, 
        section 1546 (relating to fraud and misuse of visas, permits, 
        and other documents) if the act indictable under section 1546 
        was committed for the purpose of financial gain, sections 1581-
        1588 (relating to peonage and slavery),'' after ``section 1513 
        (relating to retaliating against a witness, victim, or an 
        informant),'';
            (3) by striking ``or'' before ``(E)''; and
            (4) by inserting before the period at the end the 
        following: ``, or (F) any act which is indictable under the 
        Immigration and Nationality Act, section 274 (relating to 
        bringing in and harboring certain aliens), section 277 
        (relating to aiding or assisting certain aliens to enter the 
        United States), or section 278 (relating to importation of 
        alien for immoral purpose) if the act indictable under such 
        section of such Act was committed for the purpose of financial 
        gain''.

SEC. 307. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (n),
            (2) by redesignating paragraph (o) as paragraph (p), and
            (3) by inserting after paragraph (n) the following new 
        paragraph:
            ``(o) a felony violation of section 1028 (relating to 
        production of false identification documents), section 1542 
        (relating to false statements in passport applications), 
        section 1546 (relating to fraud and misuse of visas, permits, 
        and other documents) of this title or a violation of section 
        274, 277, or 278 of the Immigration and Nationality Act 
        (relating to the smuggling of aliens); or''.

SEC. 308. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL 
              TURPITUDE.

    (a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as 
follows:
                                    ``(II) is convicted of a crime for 
                                which a sentence of one year or longer 
                                may be imposed,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens against whom deportation proceedings are initiated 
after the date of the enactment of this title.

SEC. 309. PAYMENTS TO POLITICAL SUBDIVISIONS FOR COSTS OF INCARCERATING 
              ILLEGAL ALIENS.

    Amounts appropriated to carry out section 501 of the Immigration 
Reform and Control Act of 1986 for fiscal year 1996 shall be available 
to carry out section 242(j) of the Immigration and Nationality Act in 
that fiscal year with respect to undocumented criminal aliens 
incarcerated under the authority of political subdivisions of a State.

SEC. 310. MISCELLANEOUS PROVISIONS.

    (a) Use of Electronic and Telephonic Media in Deportation 
Hearings.--The second sentence of section 242(b) of the Immigration and 
Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the 
period the following: ``; except that nothing in this subsection shall 
preclude the Attorney General from authorizing proceedings by 
electronic or telephonic media (with the consent of the alien) or, 
where waived or agreed to by the parties, in the absence of the 
alien''.
    (b) Codification.--
            (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is 
        amended by adding at the end the following: ``Nothing in this 
        subsection shall be construed to create any substantive or 
        procedural right or benefit that is legally enforceable by any 
        party against the United States or its agencies or officers or 
        any other person.''.
            (2) Section 225 of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416) is 
        amended by striking ``and nothing in'' and all that follows 
        through ``1252(i))''.
            (3) The amendments made by this subsection shall take 
        effect as if included in the enactment of the Immigration and 
        Nationality Technical Corrections Act of 1994 (Public Law 103-
        416).

SEC. 311. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this title shall be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.

SEC. 312. STUDY OF PRISONER TRANSFER TREATY WITH MEXICO.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this title, the Secretary of State and the Attorney 
General shall submit to the Congress a report that describes the use 
and effectiveness of the Prisoner Transfer Treaty with Mexico (in this 
section referred to as the ``Treaty'') to remove from the United States 
aliens who have been convicted of crimes in the United States.
    (b) Use of Treaty.--The report under subsection (a) shall include 
the following information:
            (1) The number of aliens convicted of a criminal offense in 
        the United States since November 30, 1977, who would have been 
        or are eligible for transfer pursuant to the Treaty.
            (2) The number of aliens described in paragraph (1) who 
        have been transferred pursuant to the Treaty.
            (3) The number of aliens described in paragraph (2) who 
        have been incarcerated in full compliance with the Treaty.
            (4) The number of aliens who are incarcerated in a penal 
        institution in the United States who are eligible for transfer 
        pursuant to the Treaty.
            (5) The number of aliens described in paragraph (4) who are 
        incarcerated in State and local penal institutions.
    (c) Effectiveness of Treaty.--The report under subsection (a) shall 
include the recommendations of the Secretary of State and the Attorney 
General to increase the effectiveness and use of, and full compliance 
with, the Treaty. In considering the recommendations under this 
subsection, the Secretary and the Attorney General shall consult with 
such State and local officials in areas disproportionately impacted by 
aliens convicted of criminal offenses as the Secretary and the Attorney 
General consider appropriate. Such recommendations shall address the 
following areas:
            (1) Changes in Federal laws, regulations, and policies 
        affecting the identification, prosecution, and deportation of 
        aliens who have committed a criminal offense in the United 
        States.
            (2) Changes in State and local laws, regulations, and 
        policies affecting the identification, prosecution, and 
        deportation of aliens who have committed a criminal offense in 
        the United States.
            (3) Changes in the Treaty that may be necessary to increase 
        the number of aliens convicted of crimes who may be transferred 
        pursuant to the Treaty.
            (4) Methods for preventing the unlawful re-entry into the 
        United States of aliens who have been convicted of criminal 
        offenses in the United States and transferred pursuant to the 
        Treaty.
            (5) Any recommendations of appropriate officials of the 
        Mexican Government on programs to achieve the goals of, and 
        ensure full compliance with, the Treaty.
            (6) An assessment of whether the recommendations under this 
        subsection require the renegotiation of the Treaty.
            (7) The additional funds required to implement each 
        recommendation under this subsection.

SEC. 313. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING TO JUSTICE ALIENS 
              WHO FLEE PROSECUTION FOR CRIMES IN THE UNITED STATES.

    (a) Assistance to States.--The Attorney General, in cooperation 
with the Commissioner of Immigration and Naturalization and the 
Secretary of State, shall designate an office within the Department of 
Justice to provide technical and prosecutorial assistance to States and 
political subdivisions of States in efforts to bring to justice aliens 
who flee prosecution for crimes in the United States.
    (b) Report to Congress.--Not later than one year after the date of 
the enactment of this title, the Attorney General shall compile and 
submit to the Congress a report which assesses the nature and extent of 
the problem of bringing to justice aliens who flee prosecution for 
crimes in the United States.

SEC. 314. PRISONER TRANSFER TREATIES.

    (a) Negotiation.--Congress advises the President to begin to 
negotiate and renegotiate, not later than 90 days after the date of the 
enactment of this title, bilateral prisoner transfer treaties. The 
focus of such negotiations shall be to expedite the transfer of aliens 
unlawfully in the United States who are incarcerated in United States 
prisons, to ensure that a transferred prisoner serves the balance of 
the sentence imposed by the United States courts, and to eliminate any 
requirement of prisoner consent to such a transfer.
    (b) Certification.--The President shall submit to the Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 315. INTERIOR REPATRIATION PROGRAM.

    Not later than 180 days after the date of enactment of this title, 
the Attorney General and the Commissioner of Immigration and 
Naturalization shall develop and implement a program in which aliens 
who previously have illegally entered the United States not less than 3 
times and are deported or returned to a country contiguous to the 
United States will be returned to locations not less than 500 
kilometers from that country's border with the United States.

SEC. 316. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF 
              SENTENCE OF IMPRISONMENT.

    (a) In General.--Section 242(h) of the Immigration and Nationality 
Act (8 U.S.C. 1252(h)) is amended to read as follows:
    ``(h)(1) Except as provided in paragraph (2), an alien sentenced to 
imprisonment may not be deported until such imprisonment has been 
terminated by the release of the alien from confinement. Parole, 
supervised release, probation, or possibility of rearrest or further 
confinement in respect of the same offense shall not be a ground for 
deferral of deportation.
    ``(2) The Attorney General is authorized to deport an alien in 
accordance with applicable procedures under this Act prior to the 
completion of a sentence of imprisonment--
            ``(A) in the case of an alien in the custody of the 
        Attorney General, if the Attorney General determines that (i) 
        the alien is confined pursuant to a final conviction for a 
        nonviolent offense (other than alien smuggling), and (ii) such 
        deportation of the alien is appropriate and in the best 
        interest of the United States; or
            ``(B) in the case of an alien in the custody of a State (or 
        a political subdivision of a State), if the chief State 
        official exercising authority with respect to the incarceration 
        of the alien determines that (i) the alien is confined pursuant 
        to a final conviction for a nonviolent offense (other than 
        alien smuggling), (ii) such deportation is appropriate and in 
        the best interest of the State, and (iii) submits a written 
        request to the Attorney General that such alien be so deported.
    ``(3) Any alien deported pursuant to this subsection shall be 
notified of the penalties under the laws of the United States relating 
to the reentry of deported aliens, particularly the expanded penalties 
for aliens deported under paragraph (2).''.
    (b) Reentry of Alien Deported Prior to Completion of Term of 
Imprisonment.--Section 276 of the Immigration and Nationality Act (8 
U.S.C. 1326) amended by adding at the end the following new subsection:
    ``(c) Any alien deported pursuant to section 242(h)(2) who enters, 
attempts to enter, or is at any time found in, the United States 
(unless the Attorney General has expressly consented to such alien's 
reentry) shall be incarcerated for the remainder of the sentence of 
imprisonment which was pending at the time of deportation without any 
reduction for parole or supervised release. Such alien shall be subject 
to such other penalties relating to the reentry of deported aliens as 
may be available under this section or any other provision of law.''.

  TITLE IV--LOCAL GOVERNMENT LAW ENFORCEMENT BLOCK GRANTS ACT OF 1996

SEC. 401. BLOCK GRANT PROGRAM.

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

                ``TITLE I--LAW ENFORCEMENT BLOCK GRANTS

``SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS.

    ``(a) Payment and Use.--
            ``(1) Payment.--The Director of the Bureau of Justice 
        Assistance shall pay to each unit of local government which 
        qualifies for a payment under this title an amount equal to the 
        sum of any amounts allocated to such unit under this title for 
        each payment period. The Director shall pay such amount from 
        amounts appropriated to carry out this title.
            ``(2) Use.--Amounts paid to a unit of local government 
        under this section shall be used by the unit for reducing crime 
        and improving public safety, including but not limited to, 1 or 
        more of the following purposes:
                    ``(A)(i) Hiring, training, and employing on a 
                continuing basis new, additional law enforcement 
                officers and necessary support personnel.
                    ``(ii) Paying overtime to presently employed law 
                enforcement officers and necessary support personnel 
                for the purpose of increasing the number of hours 
                worked by such personnel.
                    ``(iii) Procuring equipment, technology, and other 
                material directly related to basic law enforcement 
                functions.
                    ``(B) Enhancing security measures--
                            ``(i) in and around schools; and
                            ``(ii) in and around any other facility or 
                        location which is considered by the unit of 
                        local government to have a special risk for 
                        incidents of crime.
                    ``(C) Establishing crime prevention programs that 
                may, though not exclusively, involve law enforcement 
                officials and that are intended to discourage, disrupt, 
                or interfere with the commission of criminal activity, 
                including neighborhood watch and citizen patrol 
                programs, sexual assault and domestic violence 
                programs, and programs intended to prevent juvenile 
                crime.
                    ``(D) Establishing or supporting drug courts.
                    ``(E) Establishing early intervention and 
                prevention programs for juveniles to reduce or 
                eliminate crime.
                    ``(F) Enhancing the adjudication process of cases 
                involving violent offenders, including the adjudication 
                process of cases involving violent juvenile offenders.
                    ``(G) Enhancing programs under subpart 1 of part E 
                of the Omnibus Crime Control and Safe Streets Act of 
                1968.
                    ``(H) Establishing cooperative task forces between 
                adjoining units of local government to work 
                cooperatively to prevent and combat criminal activity, 
                particularly criminal activity that is exacerbated by 
                drug or gang-related involvement.
                    ``(I) Establishing a multijurisdictional task 
                force, particularly in rural areas, composed of law 
                enforcement officials representing units of local 
                government, that works with Federal law enforcement 
                officials to prevent and control crime.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) the term `violent offender' means a person 
                charged with committing a part I violent crime; and
                    ``(B) the term `drug courts' means a program that 
                involves--
                            ``(i) continuing judicial supervision over 
                        offenders with substance abuse problems who are 
                        not violent offenders; and
                            ``(ii) the integrated administration of 
                        other sanctions and services, which shall 
                        include--
                                    ``(I) mandatory periodic testing 
                                for the use of controlled substances or 
                                other addictive substances during any 
                                period of supervised release or 
                                probation for each participant;
                                    ``(II) substance abuse treatment 
                                for each participant;
                                    ``(III) probation, or other 
                                supervised release involving the 
                                possibility of prosecution, 
                                confinement, or incarceration based on 
                                noncompliance with program requirements 
                                or failure to show satisfactory 
                                progress; and
                                    ``(IV) programmatic, offender 
                                management, and aftercare services such 
                                as relapse prevention, vocational job 
                                training, job placement, and housing 
                                placement.
    ``(b) Prohibited Uses.--Notwithstanding any other provision of this 
Act, a unit of local government may not expend any of the funds 
provided under this title to purchase, lease, rent, or otherwise 
acquire--
            ``(1) tanks or armored personnel carriers;
            ``(2) fixed wing aircraft;
            ``(3) limousines;
            ``(4) real estate;
            ``(5) yachts;
            ``(6) consultants; or
            ``(7) vehicles not primarily used for law enforcement;
unless the Attorney General certifies that extraordinary and exigent 
circumstances exist that make the use of funds for such purposes 
essential to the maintenance of public safety and good order in such 
unit of local government.
    ``(c) Timing of Payments.--The Director shall pay each unit of 
local government that has submitted an application under this title not 
later than--
            ``(1) 90 days after the date that the amount is available, 
        or
            ``(2) the first day of the payment period if the unit of 
        local government has provided the Director with the assurances 
        required by section 103(c),
whichever is later.
    ``(d) Adjustments.--
            ``(1) In general.--Subject to paragraph (2), the Director 
        shall adjust a payment under this title to a unit of local 
        government to the extent that a prior payment to the unit of 
        local government was more or less than the amount required to 
        be paid.
            ``(2) Considerations.--The Director may increase or 
        decrease under this subsection a payment to a unit of local 
        government only if the Director determines the need for the 
        increase or decrease, or if the unit requests the increase or 
        decrease, not later than 1 year after the end of the payment 
        period for which a payment was made.
    ``(e) Reservation for Adjustment.--The Director may reserve a 
percentage of not more than 2 percent of the amount under this section 
for a payment period for all units of local government in a State if 
the Director considers the reserve is necessary to ensure the 
availability of sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of local government in the State.
    ``(f) Repayment of Unexpended Amounts.--
            ``(1) Repayment required.--A unit of local government shall 
        repay to the Director, by not later than 27 months after 
        receipt of funds from the Director, any amount that is--
                    ``(A) paid to the unit from amounts appropriated 
                under the authority of this section; and
                    ``(B) not expended by the unit within 2 years after 
                receipt of such funds from the Director.
            ``(2) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Director shall reduce payment 
        in future payment periods accordingly.
            ``(3) Deposit of amounts repaid.--Amounts received by the 
        Director as repayments under this subsection shall be deposited 
        in a designated fund for future payments to units of local 
        government. Any amounts remaining in such designated fund after 
        5 years following the enactment of the Crime Prevention and 
        Family Protection Act of 1996 shall be applied to the Federal 
        deficit or, if there is no Federal deficit, to reducing the 
        Federal debt.
    ``(g) Nonsupplanting Requirement.--Funds made available under this 
title to units of local government shall not be used to supplant State 
or local funds, but shall be used to increase the amount of funds that 
would, in the absence of funds made available under this title, be made 
available from State or local sources.
    ``(h) Matching Funds.--The Federal share of a grant received under 
this title may not exceed 90 percent of the costs of a program or 
proposal funded under this title.

``SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title--
            ``(1) $2,000,000,000 for fiscal year 1996;
            ``(2) $2,000,000,000 for fiscal year 1997;
            ``(3) $2,000,000,000 for fiscal year 1998;
            ``(4) $2,000,000,000 for fiscal year 1999; and
            ``(5) $2,000,000,000 for fiscal year 2000.
    ``(b) Oversight Accountability and Administration.--Not more than 3 
percent of the amount authorized to be appropriated under subsection 
(a) for each of the fiscal years 1996 through 2000 shall be available 
to the Attorney General for studying the overall effectiveness and 
efficiency of the provisions of this title, and assuring compliance 
with the provisions of this title and for administrative costs to carry 
out the purposes of this title. The Attorney General shall establish 
and execute an oversight plan for monitoring the activities of grant 
recipients. Such sums are to remain available until expended.
    ``(c) Technology Assistance.--The Attorney General shall reserve 1 
percent in each of fiscal years 1996 through 1998 of the amount 
authorized to be appropriated under subsection (a) for use by the 
National Institute of Justice in assisting local units to identify, 
select, develop, modernize, and purchase new technologies for use by 
law enforcement.
    ``(d) Availability.--The amounts authorized to be appropriated 
under subsection (a) shall remain available until expended.

``SEC. 103. QUALIFICATION FOR PAYMENT.

    ``(a) In General.--The Director shall issue regulations 
establishing procedures under which a unit of local government is 
required to provide notice to the Director regarding the proposed use 
of funds made available under this title.
    ``(b) Program Review.--The Director shall establish a process for 
the ongoing evaluation of projects developed with funds made available 
under this title.
    ``(c) General Requirements for Qualification.--A unit of local 
government qualifies for a payment under this title for a payment 
period only if the unit of local government submits an application to 
the Director and establishes, to the satisfaction of the Director, 
that--
            ``(1) the unit of local government has established a local 
        advisory board that--
                    ``(A) includes, but is not limited to, a 
                representative from--
                            ``(i) the local police department or local 
                        sheriff's department;
                            ``(ii) the local prosecutor's office;
                            ``(iii) the local court system;
                            ``(iv) the local public school system; and
                            ``(v) a local nonprofit, educational, 
                        religious, or community group active in crime 
                        prevention or drug use prevention or treatment;
                    ``(B) has reviewed the application; and
                    ``(C) is designated to make nonbinding 
                recommendations to the unit of local government for the 
                use of funds received under this title;
            ``(2) the chief executive officer of the State has had not 
        less than 20 days to review and comment on the application 
        prior to submission to the Director;
            ``(3)(A) the unit of local government will establish a 
        trust fund in which the government will deposit all payments 
        received under this title; and
            ``(B) the unit of local government will use amounts in the 
        trust fund (including interest) during a period not to exceed 2 
        years from the date the first grant payment is made to the unit 
        of local government;
            ``(4) the unit of local government will expend the payments 
        received in accordance with the laws and procedures that are 
        applicable to the expenditure of revenues of the unit of local 
        government;
            ``(5) the unit of local government will use accounting, 
        audit, and fiscal procedures that conform to guidelines which 
        shall be prescribed by the Director after consultation with the 
        Comptroller General and as applicable, amounts received under 
        this title shall be audited in compliance with the Single Audit 
        Act of 1984;
            ``(6) after reasonable notice from the Director or the 
        Comptroller General to the unit of local government, the unit 
        of local government will make available to the Director and the 
        Comptroller General, with the right to inspect, records that 
        the Director reasonably requires to review compliance with this 
        title or that the Comptroller General reasonably requires to 
        review compliance and operation;
            ``(7) a designated official of the unit of local government 
        shall make reports the Director reasonably requires, in 
        addition to the annual reports required under this title;
            ``(8) the unit of local government will spend the funds 
        made available under this title only for the purposes set forth 
        in section 101(a)(2);
            ``(9) the unit of local government will achieve a net gain 
        in the number of law enforcement officers who perform 
        nonadministrative public safety service if such unit uses funds 
        received under this title to increase the number of law 
        enforcement officers as described under subparagraph (A) of 
        section 101(a)(2);
            ``(10) the unit of local government--
                    ``(A) has an adequate process to assess the impact 
                of any enhancement of a school security measure that is 
                undertaken under subparagraph (B) of section 101(a)(2), 
                or any crime prevention programs that are established 
                under subparagraphs (C) and (E) of section 101(a)(2), 
                on the incidence of crime in the geographic area where 
                the enhancement is undertaken or the program is 
                established;
                    ``(B) will conduct such an assessment with respect 
                to each such enhancement or program; and
                    ``(C) will submit an annual written assessment 
                report to the Director; and
            ``(11) the unit of local government has established 
        procedures to give members of the Armed Forces who, on or after 
        October 1, 1990, were or are selected for involuntary 
        separation (as described in section 1141 of title 10, United 
        States Code), approved for separation under section 1174a or 
        1175 of such title, or retired pursuant to the authority 
        provided under section 4403 of the Defense Conversion, 
        Reinvestment, and Transition Assistance Act of 1992 (division D 
        of Public Law 102-484; 10 U.S.C. 1293 note), a suitable 
        preference in the employment of persons as additional law 
        enforcement officers or support personnel using funds made 
        available under this title. The nature and extent of such 
        employment preference shall be jointly established by the 
        Attorney General and the Secretary of Defense. To the extent 
        practicable, the Director shall endeavor to inform members who 
        were separated between October 1, 1990, and the date of the 
        enactment of this section of their eligibility for the 
        employment preference;
    ``(d) Sanctions for Noncompliance.--
            ``(1) In general.--If the Director determines that a unit 
        of local government has not complied substantially with the 
        requirements or regulations prescribed under subsections (a) 
        and (c), the Director shall notify the unit of local government 
        that if the unit of local government does not take corrective 
        action within 60 days of such notice, the Director will 
        withhold additional payments to the unit of local government 
        for the current and future payment periods until the Director 
        is satisfied that the unit of local government--
                    ``(A) has taken the appropriate corrective action; 
                and
                    ``(B) will comply with the requirements and 
                regulations prescribed under subsections (a) and (c).
            ``(2) Notice.--Before giving notice under paragraph (1), 
        the Director shall give the chief executive officer of the unit 
        of local government reasonable notice and an opportunity for 
        comment.
    ``(e) Maintenance of Effort Requirement.--A unit of local 
government qualifies for a payment under this title for a payment 
period only if the unit's expenditures on law enforcement services (as 
reported by the Bureau of the Census) for the fiscal year preceding the 
fiscal year in which the payment period occurs were not less than 90 
percent of the unit's expenditures on such services for the second 
fiscal year preceding the fiscal year in which the payment period 
occurs.

``SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Set-aside.--
            ``(1) In general.--Of the total amounts appropriated for 
        this title for each payment period, the Director shall allocate 
        for units of local government in each State an amount that 
        bears the same ratio to such total as the average annual number 
        of part 1 violent crimes reported by such State to the Federal 
        Bureau of Investigation for the 3 most recent calendar years 
        for which such data is available, bears to the number of part 1 
        violent crimes reported by all States to the Federal Bureau of 
        Investigation for such years.
            ``(2) Minimum requirement.--Each State shall receive not 
        less than 25 percent of the total amounts appropriated under 
        section 102 under this subsection for each payment period.
            ``(3) Proportional reduction.--If amounts available to 
        carry out paragraph (2) for any payment period are insufficient 
        to pay in full the total payment that any State is otherwise 
        eligible to receive under paragraph (1) for such period, then 
        the Director shall reduce payments under paragraph (1) for such 
        payment period to the extent of such insufficiency. Reductions 
        under the preceding sentence shall be allocated among the 
        States (other than States whose payment is determined under 
        paragraph (2)) in the same proportions as amounts would be 
        allocated under paragraph (1) without regard to paragraph (2).
    ``(b) Local Distribution.--
            ``(1) In general.--From the amount reserved for each State 
        under subsection (a), the Director shall allocate--
                    ``(A) among reporting units of local government the 
                reporting units' share of such reserved amount, and
                    ``(B) among nonreporting units of local government 
                the nonreporting units' share of the reserved amount.
            ``(2) Amounts.--
                    ``(A) The reporting units' share of the reserved 
                amount is the amount equal to the product of such 
                reserved amount multiplied by the percentage which the 
                population living in reporting units of local 
                government in the State bears to the population of all 
                units of local government in the State.
                    ``(B) The nonreporting units' share of the reserved 
                amount is the reserved amount reduced by the reporting 
                units' share of the reserved amount.
            ``(3) Allocation to each reporting unit.--From the 
        reporting units' share of the reserved amount for each State 
        under subsection (a), the Director shall allocate to each 
        reporting unit of local government an amount which bears the 
        same ratio to such share as the average annual number of part 1 
        violent crimes reported by such unit to the Federal Bureau of 
        Investigation for the 3 most recent calendar years for which 
        such data is available bears to the number of part 1 violent 
        crimes reported by all units of local government in the State 
        in which the unit is located to the Federal Bureau of 
        Investigation for such years.
            ``(4) Allocation to each nonreporting unit.--From the 
        nonreporting units' share of the reserved amount for each State 
        under subsection (a), the Director shall allocate to each 
        nonreporting unit of local government an amount which bears the 
        same ratio to such share as the average number of part 1 
        violent crimes of like governmental units in the same 
        population class as such unit bears to the average annual 
        imputed number of part 1 violent crimes of all nonreporting 
        units in the State for the 3 most recent calendar years.
            ``(5) Limitation on allocations.--A unit of local 
        government shall not receive an allocation which exceeds 100 
        percent of such unit's expenditures on law enforcement services 
        as reported by the Bureau of the Census for the most recent 
        fiscal year. Any amount in excess of 100 percent of such unit's 
        expenditures on law enforcement services shall be distributed 
        proportionally among units of local government whose allocation 
        does not exceed 100 percent of expenditures on law enforcement 
        services.
            ``(6) Definitions.--For purposes of this subsection--
                    ``(A) The term `reporting unit of local government' 
                means any unit of local government that reported part 1 
                violent crimes to the Federal Bureau of Investigation 
                for the 3 most recent calendar years for which such 
                data is available.
                    ``(B) The term `nonreporting unit of local 
                government' means any unit of local government which is 
                not a reporting unit of local government.
                    ``(C)(i) The term `like governmental units' means 
                any like unit of local government as defined by the 
                Secretary of Commerce for general statistical purposes, 
                and means--
                            ``(I) all counties are treated as like 
                        governmental units;
                            ``(II) all cities are treated as like 
                        governmental units;
                            ``(III) all townships are treated as like 
                        governmental units.
                    ``(ii) Similar rules shall apply to other types of 
                governmental units.
                    ``(D) The term `same population class' means a like 
                unit within the same population category as another 
                like unit with the categories determined as follows:
                            ``(i) 0 through 9,999.
                            ``(ii) 10,000 through 49,999.
                            ``(iii) 50,000 through 149,999.
                            ``(iv) 150,000 through 299,999.
                            ``(v) 300,000 or more.
            ``(7) Local governments with allocations of less than 
        $10,000.--If under paragraph (3) or (4) a unit of local 
        government is allotted less than $10,000 for the payment 
        period, the amount allotted shall be transferred to the chief 
        executive officer of the State who shall distribute such funds 
        among State police departments that provide law enforcement 
        services to units of local government and units of local 
        government whose allotment is less than such amount in a manner 
        which reduces crime and improves public safety.
            ``(8) Special rules.--
                    ``(A) If a unit of local government in a State that 
                has been incorporated since the date of the collection 
                of the data used by the Director in making allocations 
                pursuant to this section, such unit shall be treated as 
                a nonreporting unit of local government for purposes of 
                this subsection.
                    ``(B) If a unit of local government in the State 
                has been annexed since the date of the collection of 
                the data used by the Director in making allocations 
                pursuant to this section, the Director shall pay the 
                amount that would have been allocated to such unit of 
                local government to the unit of local government that 
                annexed it.
            ``(9) Resolution of disparate allocations.--(A) 
        Notwithstanding any other provision of this title, if--
                    ``(i) the attorney general of a State certifies 
                that a unit of local government under the jurisdiction 
                of the State bears more than 50 percent of the costs of 
                prosecution or incarceration that arise with respect to 
                part 1 violent crimes reported by a specified 
                geographically constituent unit of local government, 
                and
                    ``(ii) but for this paragraph, the amount of funds 
                allocated under this section to--
                            ``(I) any one such specified geographically 
                        constituent unit of local government exceeds 
                        200 percent of the amount allocated to the unit 
                        of local government certified pursuant to 
                        clause (i), or
                            ``(II) more than one such specified 
                        geographically constituent unit of local 
                        government (excluding units of local government 
                        referred to subclause I and in paragraph (7)), 
                        exceeds 400 percent of the amount allocated to 
                        the unit of local government certified pursuant 
                        to clause (i) and the attorney general of the 
                        State determines that such allocation is likely 
                        to threaten the efficient administration of 
                        justice,
        then in order to qualify for payment under this title, the unit 
        of local government certified pursuant to clause (i), together 
        with any such specified geographically constituent units of 
        local government described in clause (ii), shall submit to the 
        Director a joint application for the aggregate of funds 
        allocated to such units of local government. Such application 
        shall specify the amount of such funds that are to be 
        distributed to each of the units of local government and the 
        purposes for which such funds are to be used. The units of 
        local government involved may establish a joint local advisory 
        board for the purposes of carrying out this paragraph.
            ``(B) In this paragraph, the term `geographically 
        constituent unit of local government' means a unit of local 
        government that has jurisdiction over areas located within the 
        boundaries of an area over which a unit of local government 
        certified pursuant to clause (i) has jurisdiction.
    ``(c) Unavailability and Inaccuracy of Information.--
            ``(1) Data for states.--For purposes of this section, if 
        data regarding part 1 violent crimes in any State for the 3 
        most recent calendar years is unavailable or substantially 
        inaccurate, the Director shall utilize the best available 
        comparable data regarding the number of violent crimes for such 
        years for such State for the purposes of allocation of any 
        funds under this title.
            ``(2) Possible inaccuracy of data for units of local 
        government.--In addition to the provisions of paragraph (1), if 
        the Director believes that the reported rate of part 1 violent 
        crimes for a unit of local government is inaccurate, the 
        Director shall--
                    ``(A) investigate the methodology used by such unit 
                to determine the accuracy of the submitted data; and
                    ``(B) when necessary, use the best available 
                comparable data regarding the number of violent crimes 
                for such years for such unit of local government.

``SEC. 105. UTILIZATION OF PRIVATE SECTOR.

    ``Funds or a portion of funds allocated under this title may be 
utilized to contract with private, nonprofit entities or community-
based organizations to carry out the purposes specified under section 
101(a)(2).

``SEC. 106. PUBLIC PARTICIPATION.

    ``(a) In General.--A unit of local government expending payments 
under this title shall hold not less than 1 public hearing on the 
proposed use of the payment from the Director in relation to its entire 
budget.
    ``(b) Views.--At the hearing, persons shall be given an opportunity 
to provide written and oral views to the unit of local government 
authority responsible for enacting the budget and to ask questions 
about the entire budget and the relation of the payment from the 
Director to the entire budget.
    ``(c) Time and Place.--The unit of local government shall hold the 
hearing at a time and place that allows and encourages public 
attendance and participation.

``SEC. 107. ADMINISTRATIVE PROVISIONS.

    ``The administrative provisions of part H of the Omnibus Crime 
Control and Safe Streets Act of 1968, shall apply to this title and for 
purposes of this section any reference in such provisions to title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 shall be deemed 
to be a reference to this title.

``SEC. 108. DEFINITIONS.

    ``For the purposes of this title:
            ``(1) The term `unit of local government' means--
                    ``(A) a county, township, city, or political 
                subdivision of a county, township, or city, that is a 
                unit of local government as determined by the Secretary 
                of Commerce for general statistical purposes; and
                    ``(B) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaskan Native 
                village that carries out substantial governmental 
                duties and powers.
            ``(2) The term `payment period' means each 1-year period 
        beginning on October 1 of any year in which a grant under this 
        title is awarded.
            ``(3) The term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, except that American Samoa, Guam, and 
        the Northern Mariana Islands shall be considered as 1 State and 
        that, for purposes of section 104(a), 33 percent of the amounts 
        allocated shall be allocated to American Samoa, 50 percent to 
        Guam, and 17 percent to the Northern Mariana Islands.
            ``(4) The term `juvenile' means an individual who is 17 
        years of age or younger.
            ``(5) The term `part 1 violent crimes' means murder and 
        nonnegligent manslaughter, forcible rape, robbery, and 
        aggravated assault as reported to the Federal Bureau of 
        Investigation for purposes of the Uniform Crime Reports.
            ``(6) The term `Director' means the Director of the Bureau 
        of Justice Assistance.''.
    (b) Conforming Amendments.--
            (1) Part Q of the Omnibus Crime Control and Safe Streets 
        Act of 1968 is repealed effective on September 30, 1996.
            (2) Notwithstanding the provisions of paragraph (1), any 
        funds that remain available to an applicant under part Q of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 shall be used in accordance with such part as in effect on 
        the day preceding the date of the enactment of this title.
            (3) Effective on the date of the enactment of this title, 
        section 1001(a) of the Omnibus Crime Control and Safe Streets 
        Act is amended--
                    (A) in paragraph (3), by striking ``Q,''; and
                    (B) by striking paragraph (11).

SEC. 402. CONFORMING AMENDMENTS.

    (a) Ounce of Prevention Council.--
            (1) In general.--Subtitle A of title III of the Violent 
        Crime Control and Law Enforcement Act of 1994 is repealed.
            (2) Funding.--Notwithstanding the provisions of paragraph 
        (1), any funds that remain available to an applicant under 
        subtitle A of title III of the Violent Crime Control and Law 
        Enforcement Act of 1994 shall be used in accordance with with 
        such subtitle as in effect on the day preceding the date of 
        enactment of this title.
    (b) Local Crime Prevention Block Grant Program.--Subtitle B of 
title III of the Violent Crime Control and Law Enforcement Act of 1994 
is repealed.
    (c) Model Intensive Block Grant Programs.--Subtitle C of title III 
of the Violent Crime Control and Law Enforcement Act of 1994 is 
repealed.
    (d) Family and Community Endeavor Schools Grant Program.--
            (1) In general.--Subtitle D of title III of the Violent 
        Crime Control and Law Enforcement Act of 1994 is repealed.
            (2) Funding.--Notwithstanding the provisions of paragraph 
        (1), any funds that remain available to an applicant under 
        subtitle D of title III of the Violent Crime Control and Law 
        Enforcement Act of 1994 shall be used in accordance with such 
        subtitle as in effect on the day preceding the date of 
        enactment of this title.
    (e) Assistance for Delinquent and At-Risk Youth.--Subtitle G of 
title III of the Violent Crime Control and Law Enforcement Act of 1994 
is repealed.
    (f) Police Retirement.--Subtitle H of title III of the Violent 
Crime Control and Law Enforcement Act of 1994 is repealed.
    (g) Local Partnership Act.--
            (1) Subtitle j.--Subtitle J of title III of the Violent 
        Crime Control and Law Enforcement Act of 1994 is repealed.
            (2) Federal payments.--Chapter 67 of title 31, United 
        States Code is repealed.
            (3) Table of chapters.--The table of chapters at the 
        beginning of subtitle V of title 31, United States Code, is 
        amended by striking the matter relating to chapter 67.
            (4) Funding.--Notwithstanding the provisions of paragraph 
        (2), any funds that remain available to an applicant under 
        chapter 67 of title 31, United States Code, shall be used in 
        accordance with such chapter as in effect on the day preceding 
        the date of enactment of this title.
    (h) National Community Economic Partnership.--Subtitle K of title 
III of the Violent Crime Control and Law Enforcement Act of 1994 is 
repealed.
    (i) Urban Recreation and At-Risk Youth.--
            (1) Recreation.--Subtitle O of title III of the Violent 
        Crime Control and Law Enforcement Act of 1994 is repealed.
            (2) Urban park and recreation recovery.--(A) Section 1004 
        of the Urban Park and Recreation Recovery Act of 1978 is 
        amended--
                    (i) by striking subsection (d); and
                    (ii) by redesignating subsections (e) through (k) 
                as (d) through (j), respectively.
            (B) Section 1005 of the Urban Park and Recreation Recovery 
        Act of 1978 is amended by inserting ``and'' at the end of 
        paragraph (6), by striking ``; and'' and inserting a period at 
        the end of paragraph (7), and by striking paragraph (8).
            (C) Section 1007(b) of the Urban Park and Recreation 
        Recovery Act of 1978 is amended by striking the last 2 
        sentences.
            (D) Section 1013 of the Urban Park and Recreation Recovery 
        Act of 1978 is amended by striking ``(a) In General.--'' after 
        ``1013'' and by striking subsection (b).
    (j) Community-Based Justice Grants for Prosecutors.--Subtitle Q of 
title III of the Violent Crime Control and Law Enforcement Act of 1994 
is repealed.
    (k) Family Unity Demonstration Project.--Subtitle S of title III of 
the Violent Crime Control and Law Enforcement Act of 1994 is repealed.
    (l) Gang Resistance and Education Training.--(1) Subtitle X of 
title III of the Violent Crime Control and Law Enforcement Act of 1994 
is repealed.
    (2) Notwithstanding the provisions of subparagraph (A), any funds 
that remain available to an applicant under subtitle X of title III of 
the Violent Crime Control and Law Enforcement Act of 1994 shall be used 
in accordance with such subtitle as in effect on the day preceding the 
date of enactment of this title.
    (m) Clerical Amendments.--
            (1) The matter relating to title I in the table of contents 
        of the Violent Crime Control and Law Enforcement Act of 1994 is 
        amended to read as follows:

                ``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.''.
            (2) The table of contents of the Violent Crime Control and 
        Law Enforcement Act of 1994 is amended by striking the matter 
        relating to subtitles A, B, C, D, G, H, J, K, O, Q, S, and X of 
        title III.
            (3) The table of contents of the Omnibus Crime Control and 
        Safe Streets Act of 1968 is amended by striking the matter 
        relating to part Q of title I.

              TITLE V--EFFECTIVE DEATH PENALTY ACT OF 1996

                    Subtitle A--Habeas Corpus Reform

   CHAPTER 1--POST CONVICTION PETITIONS: GENERAL HABEAS CORPUS REFORM

SEC. 501. PERIOD OF LIMITATION FOR FILING WRIT OF HABEAS CORPUS 
              FOLLOWING FINAL JUDGMENT OF A STATE COURT.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(d)(1) A one-year period of limitation shall apply to an 
application for a writ of habeas corpus by a person in custody pursuant 
to the judgment of a State court. The limitation period shall run from 
the latest of the following times:
            ``(A) The time at which the judgment became final by the 
        conclusion of direct review or the expiration of the time for 
        seeking such review.
            ``(B) The time at which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, where the 
        applicant was prevented from filing by such State action.
            ``(C) The time at which the Federal right asserted was 
        initially recognized by the Supreme Court, where the right has 
        been newly recognized by the Court and is retroactively 
        applicable.
            ``(D) The time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.
    ``(2) Time that passes during the pendency of a properly filed 
application for State review with respect to the pertinent judgment or 
claim shall not be counted toward any period of limitation under this 
subsection.''.

SEC. 502. AUTHORITY OF APPELLATE JUDGES TO ISSUE CERTIFICATES OF 
              PROBABLE CAUSE FOR APPEAL IN HABEAS CORPUS AND FEDERAL 
              COLLATERAL RELIEF PROCEEDINGS.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``(a) In a habeas corpus proceeding or a proceeding under section 
2255 of this title before a circuit or district judge, the final order 
shall be subject to review, on appeal, by the court of appeals for the 
circuit where the proceeding is had.
    ``(b) There shall be no right of appeal from such an order in a 
proceeding to test the validity of a warrant to remove, to another 
district or place for commitment or trial, a person charged with a 
criminal offense against the United States, or to test the validity of 
his detention pending removal proceedings.
    ``(c) An appeal may not be taken to the court of appeals from the 
final order in a habeas corpus proceeding where the detention 
complained of arises out of process issued by a State court, or from 
the final order in a proceeding under section 2255 of this title, 
unless a circuit justice or judge issues a certificate of probable 
cause. A certificate of probable cause may only issue if the petitioner 
has made a substantial showing of the denial of a Federal right. The 
certificate of probable cause must indicate which specific issue or 
issues satisfy this standard.''.

SEC. 503. CONFORMING AMENDMENT TO THE RULES OF APPELLATE PROCEDURE.

    Federal Rule of Appellate Procedure 22 is amended to read as 
follows:

                               ``RULE 22

              ``habeas corpus and section 2255 proceedings

    ``(a) Application for an Original Writ of Habeas Corpus.--An 
application for a writ of habeas corpus shall be made to the 
appropriate district court. If application is made to a circuit judge, 
the application will ordinarily be transferred to the appropriate 
district court. If an application is made to or transferred to the 
district court and denied, renewal of the application before a circuit 
judge is not favored; the proper remedy is by appeal to the court of 
appeals from the order of the district court denying the writ.
    ``(b) Necessity of Certificate of Probable Cause for Appeal.--In a 
habeas corpus proceeding in which the detention complained of arises 
out of process issued by a State court, and in a motion proceeding 
pursuant to section 2255 of title 28, United States Code, an appeal by 
the applicant or movant may not proceed unless a circuit judge issues a 
certificate of probable cause. If a request for a certificate of 
probable cause is addressed to the court of appeals, it shall be deemed 
addressed to the judges thereof and shall be considered by a circuit 
judge or judges as the court deems appropriate. If no express request 
for a certificate is filed, the notice of appeal shall be deemed to 
constitute a request addressed to the judges of the court of appeals. 
If an appeal is taken by a State or the Government or its 
representative, a certificate of probable cause is not required.''.

SEC. 504. EFFECT OF PRIOR STATE CONSIDERATION.

    (a) Exhaustion of Remedies.--Section 2254(b) of title 28, United 
States Code, is amended to read as follows:
    ``(b) An application for a writ of habeas corpus in behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that the applicant has exhausted the 
remedies available in the courts of the State, or that there is either 
an absence of available State corrective process or the existence of 
circumstances rendering such process ineffective to protect the rights 
of the applicant. An application may be denied on the merits 
notwithstanding the failure of the applicant to exhaust the remedies 
available in the courts of the State. A State shall not be deemed to 
have waived the exhaustion requirement or be estopped from reliance 
upon the requirement unless through its counsel it waives the 
requirement expressly.''.
    (b) Standard of Deference to State Judicial Decisions.--Section 
2254 of title 28, United States Code, is amended by adding at the end 
the following:
    ``(g) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted with respect to any claim that was decided on the merits in 
State proceedings unless the adjudication of the claim--
            ``(1) resulted in a decision that was based on an arbitrary 
        or unreasonable interpretation of clearly established Federal 
        law as articulated in the decisions of the Supreme Court of the 
        United States;
            ``(2) resulted in a decision that was based on an arbitrary 
        or unreasonable application to the facts of clearly established 
        Federal law as articulated in the decisions of the Supreme 
        Court of the United States; or
            ``(3) resulted in a decision that was based on an arbitrary 
        or unreasonable determination of the facts in light of the 
        evidence presented in the State proceeding.''.

SEC. 505. PERIOD OF LIMITATION FOR FEDERAL PRISONERS FILING FOR 
              COLLATERAL REMEDY.

    Section 2255 of title 28, United States Code, is amended by 
striking the second paragraph and the penultimate paragraph thereof, 
and by adding at the end the following new paragraphs:
    ``A two-year period of limitation shall apply to a motion under 
this section. The limitation period shall run from the latest of the 
following times:
            ``(1) The time at which the judgment of conviction becomes 
        final.
            ``(2) The time at which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, where the movant was 
        prevented from making a motion by such governmental action.
            ``(3) The time at which the right asserted was initially 
        recognized by the Supreme Court, where the right has been newly 
        recognized by the Court and is retroactively applicable.
            ``(4) The time at which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of reasonable diligence.''.

  CHAPTER 2--SPECIAL PROCEDURES FOR COLLATERAL PROCEEDINGS IN CAPITAL 
                                 CASES

SEC. 511. DEATH PENALTY LITIGATION PROCEDURES.

    (a) In General.--Title 28, United States Code, is amended by 
inserting the following new chapter after chapter 153:

    ``CHAPTER 154--SPECIAL HABEAS CORPUS 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.
``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.
``Sec. 2256. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) This chapter shall apply to cases arising under section 2254 
brought by prisoners in State custody who are subject to a capital 
sentence. It shall apply only if the provisions of subsections (b) and 
(c) are satisfied.
    ``(b) This chapter is applicable if a State establishes by rule of 
its court of last resort or by statute a mechanism for the appointment, 
compensation and payment of reasonable litigation expenses of competent 
counsel in State postconviction proceedings brought by indigent 
prisoners whose capital convictions and sentences have been upheld on 
direct appeal to the court of last resort in the State or have 
otherwise become final for State law purposes. The rule of court or 
statute must provide standards of competency for the appointment of 
such counsel.
    ``(c) Any mechanism for the appointment, compensation and 
reimbursement of counsel as provided in subsection (b) must offer 
counsel to all State prisoners under capital sentence and must provide 
for the entry of an order by a court of record: (1) appointing one or 
more counsel to represent the prisoner upon a finding that the prisoner 
is indigent and accepted the offer or is unable competently to decide 
whether to accept or reject the offer; (2) finding, after a hearing if 
necessary, that the prisoner rejected the offer of counsel and made the 
decision with an understanding of its legal consequences; or (3) 
denying the appointment of counsel upon a finding that the prisoner is 
not indigent.
    ``(d) No counsel appointed pursuant to subsections (b) and (c) to 
represent a State prisoner under capital sentence shall have previously 
represented the prisoner at trial or on direct appeal in the case for 
which the appointment is made unless the prisoner and counsel expressly 
request continued representation.
    ``(e) The ineffectiveness or incompetence of counsel during State 
or Federal collateral postconviction proceedings in a capital case 
shall not be a ground for relief in a proceeding arising under section 
2254 of this chapter. This limitation shall not preclude the 
appointment of different counsel, on the court's own motion or at the 
request of the prisoner, at any phase of State or Federal 
postconviction proceedings on the basis of the ineffectiveness or 
incompetence of counsel in such proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Upon the entry in the appropriate State court of record of an 
order under section 2256(c), a warrant or order setting an execution 
date for a State prisoner shall be stayed upon application to any court 
that would have jurisdiction over any proceedings filed under section 
2254. The application must recite that the State has invoked the 
postconviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        petition under section 2254 within the time required in section 
        2258;
            ``(2) before a court of competent jurisdiction, in the 
        presence of counsel and after having been advised of the 
        consequences of his decision, a State prisoner under capital 
        sentence waives the right to pursue habeas corpus review under 
        section 2254; or
            ``(3) a State prisoner files a habeas corpus petition under 
        section 2254 within the time required in section 2258 and fails 
        to make a substantial showing of the denial of a Federal right 
        or is denied relief in the district court or at any subsequent 
        stage of review.
    ``(c) On a second or later habeas corpus petition under section 
2254, no Federal court shall have the authority to enter a stay of 
execution or grant relief in a capital case unless--
            ``(1) the basis for the stay and request for relief is a 
        claim not previously presented in the State or Federal courts;
            ``(2) the failure to raise the claim is (A) the result of 
        State action in violation of the Constitution or laws of the 
        United States; (B) the result of the Supreme Court recognition 
        of a new Federal right that is retroactively applicable; or (C) 
        based on a factual predicate that could not have been 
        discovered through the exercise of reasonable diligence in time 
        to present the claim for State or Federal postconviction 
        review; and
            ``(3) the facts underlying the claim would be sufficient to 
        establish by clear and convincing evidence that but for 
        constitutional error, no reasonable fact finder would have 
        found the petitioner guilty of the underlying offense.
    ``(d) Notwithstanding any other provision of law, no Federal 
district court or appellate judge shall have the authority to enter a 
stay of execution, issue injunctive relief, or grant any equitable or 
other relief in a capital case on any successive habeas petition unless 
the court first determines the petition or other action does not 
constitute an abuse of the writ. This determination shall be made only 
by the district judge or appellate panel who adjudicated the merits of 
the original habeas petition (or to the district judge or appellate 
panel to which the case may have been subsequently assigned as a result 
of the unavailability of the original court or judges). In the Federal 
courts of appeal, a stay may issue pursuant to the terms of this 
provision only when a majority of the original panel or majority of the 
active judges determines the petition does not constitute an abuse of 
the writ.
``Sec. 2258. Filing of habeas corpus petition; time requirements; 
              tolling rules
    ``Any petition for habeas corpus relief under section 2254 must be 
filed in the appropriate district court within one hundred and eighty 
days from the filing in the appropriate State court of record of an 
order under section 2256(c). The time requirements established by this 
section shall be tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) during any period in which a State prisoner under 
        capital sentence has a properly filed request for 
        postconviction review pending before a State court of competent 
        jurisdiction; if all State filing rules are met in a timely 
        manner, this period shall run continuously from the date that 
        the State prisoner initially files for postconviction review 
        until final disposition of the case by the highest court of the 
        State, but the time requirements established by this section 
        are not tolled during the pendency of a petition for certiorari 
        before the Supreme Court except as provided in paragraph (1); 
        and
            ``(3) during an additional period not to exceed sixty days, 
        if (A) a motion for an extension of time is filed in the 
        Federal district court that would have proper jurisdiction over 
        the case upon the filing of a habeas corpus petition under 
        section 2254; and (B) a showing of good cause is made for the 
        failure to file the habeas corpus petition within the time 
        period established by this section.
``Sec. 2259. Scope of Federal review; district court adjudications
    ``(a) Whenever a State prisoner under capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall only consider a claim or claims that have been 
raised and decided on the merits in the State courts, unless the 
failure to raise the claim properly is--
            ``(1) the result of State action in violation of the 
        Constitution or laws of the United States;
            ``(2) the result of the Supreme Court recognition of a new 
        Federal right that is retroactively applicable; or
            ``(3) based on a factual predicate that could not have been 
        discovered through the exercise of reasonable diligence in time 
        to present the claim for State or Federal postconviction 
        review.
    ``(b) Following review subject to the constraints set forth in 
subsection (a) and subsections (d) and (g) of section 2254 of this 
title, the court shall rule on the claims properly before it.
``Sec. 2260. Certificate of probable cause
    ``An appeal may not be taken to the court of appeals from the final 
order of a district court denying relief in a habeas corpus proceeding 
that is subject to the provisions of this chapter unless a circuit 
justice or judge issues a certificate of probable cause. A certificate 
of probable cause may only be issued if the petitioner has made a 
substantial showing of the denial of a Federal right. The certificate 
of probable cause must indicate which specific issue or issues satisfy 
this standard.
``Sec. 2261. Application to State unitary review procedure
    ``(a) For purposes of this section, a `unitary review' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct review of the judgment, such 
claims as could be raised on collateral attack. The provisions of this 
chapter shall apply, as provided in this section, in relation to a 
State unitary review procedure if the State establishes by rule of its 
court of last resort or by statute a mechanism for the appointment, 
compensation and payment of reasonable litigation expenses of competent 
counsel in the unitary review proceedings, including expenses relating 
to the litigation of collateral claims in the proceedings. The rule of 
court or statute must provide standards of competency for the 
appointment of such counsel.
    ``(b) A unitary review procedure, to qualify under this section, 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and entry of an order, as provided in 
section 2256(c), concerning appointment of counsel or waiver or denial 
of appointment of counsel for that purpose. No counsel appointed to 
represent the prisoner in the unitary review proceedings shall have 
previously represented the prisoner at trial in the case for which the 
appointment is made unless the prisoner and counsel expressly request 
continued representation.
    ``(c) Sections 2257, 2258, 2259, 2260, and 2262 shall apply in 
relation to cases involving a sentence of death from any State having a 
unitary review procedure that qualifies under this section. References 
to State `post-conviction review' and `direct review' in those sections 
shall be understood as referring to unitary review under the State 
procedure. The references in sections 2257(a) and 2258 to `an order 
under section 2256(c)' shall be understood as referring to the post-
trial order under subsection (b) concerning representation in the 
unitary review proceedings, but if a transcript of the trial 
proceedings is unavailable at the time of the filing of such an order 
in the appropriate State court, then the start of the one hundred and 
eighty day limitation period under section 2258 shall be deferred until 
a transcript is made available to the prisoner or his counsel.
``Sec. 2262. Limitation periods for determining petitions
    ``(a)(1) A Federal district court shall determine such a petition 
or motion within 60 days of any argument heard on an evidentiary 
hearing, or where no evidentiary hearing is held, within 60 days of any 
final argument heard in the case.
    ``(2)(A) The court of appeals shall determine any appeal relating 
to such a petition or motion within 90 days after the filing of any 
reply brief or within 90 days after such reply brief would be due. For 
purposes of this provision, any reply brief shall be due within 14 days 
of the opposition brief.
    ``(B) The court of appeals shall decide any petition for rehearing 
and or request by an appropriate judge for rehearing en banc within 20 
days of the filing of such a petition or request unless a responsive 
pleading is required in which case the court of appeals shall decide 
the application within 20 days of the filing of the responsive 
pleading. If en banc consideration is granted, the en banc court shall 
determine the appeal within 90 days of the decision to grant such 
consideration.
    ``(3) The time limitations contained in paragraphs (1) and (2) may 
be extended only once for 20 days, upon an express good cause finding 
by the court that the interests of justice warrant such a one-time 
extension. The specific grounds for the good cause finding shall be set 
forth in writing in any extension order of the court.
    ``(b) The time limitations under subsection (a) shall apply to an 
initial petition or motion, and to any second or successive petition or 
motion. The same limitations shall also apply to the re-determination 
of a petition or motion or related appeal following a remand by the 
court of appeals or the Supreme Court for further proceedings, and in 
such a case the limitation period shall run from the date of the 
remand.
    ``(c) The time limitations under this section shall not be 
construed to entitle a petitioner or movant to a stay of execution, to 
which the petitioner or movant would otherwise not be entitled, for the 
purpose of litigating any petition, motion, or appeal.
    ``(d) The failure of a court to meet or comply with the time 
limitations under this section shall not be a ground for granting 
relief from a judgment of conviction or sentence. The State or 
Government may enforce the time limitations under this section by 
applying to the court of appeals or the Supreme Court for a writ of 
mandamus.
    ``(e) The Administrative Office of United States Courts shall 
report annually to Congress on the compliance by the courts with the 
time limits established in this section.
    ``(f) The adjudication of any petition under section 2254 of this 
title that is subject to this chapter, and the adjudication of any 
motion under section 2255 of this title by a person under sentence of 
death, shall be given priority by the district court and by the court 
of appeals over all noncapital matters.
``Sec. 2263. Rule of construction
    ``This chapter shall be construed to promote the expeditious 
conduct and conclusion of State and Federal court review in capital 
cases.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part VI of title 28, United States Code, is amended by inserting after 
the item relating to chapter 153 the following new item:

``154.    Special habeas corpus procedures in capital cases.    2256''.

CHAPTER 3--FUNDING FOR LITIGATION OF FEDERAL HABEAS CORPUS PETITIONS IN 
                             CAPITAL CASES

SEC. 521. FUNDING FOR DEATH PENALTY PROSECUTIONS.

    (a) In General.--Part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding 
at the end the following new section:

``funding for litigation of federal habeas corpus petitions in capital 
                                 cases

    ``Sec. 523. Notwithstanding any other provision of this subpart, 
the Director is authorized to provide grants to the States, from the 
funding allocated pursuant to section 511, for the purpose of 
supporting litigation pertaining to Federal habeas corpus petitions in 
capital cases. The total funding available for such grants within any 
fiscal year shall be equal to the funding provided to capital resource 
centers, pursuant to Federal appropriation, in the same fiscal year.''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended by inserting after the item relating to section 522 the 
following new item:

``Sec. 523. Funding for litigation of Federal habeas corpus petitions 
                            in capital cases.''.

          Subtitle B--Federal Death Penalty Procedures Reform

SEC. 531. FEDERAL DEATH PENALTY PROCEDURES REFORM.

    (a) In General.--Subsection (e) of section 3593 of title 18, United 
States Code, is amended by striking ``shall consider'' and all that 
follows through the end of such subsection and inserting the following: 
``shall then consider whether the aggravating factor or factors found 
to exist outweigh any mitigating factors. The jury, or if there is no 
jury, the court shall recommend a sentence of death if it unanimously 
finds at least one aggravating factor and no mitigating factor or if it 
finds one or more aggravating factors which outweigh any mitigating 
factors. In any other case, it shall not recommend a sentence of death. 
The jury shall be instructed that it must avoid any influence of 
sympathy, sentiment, passion, prejudice, or other arbitrary factors in 
its decision, and should make such a recommendation as the information 
warrants. The jury shall be instructed that its recommendation 
concerning a sentence of death is to be based on the aggravating factor 
or factors and any mitigating factors which have been found, but that 
the final decision concerning the balance of aggravating and mitigating 
factors is a matter for the jury's judgment.''.
    (b)  Conforming Amendment.--Section 3594 of title 18, United States 
Code, is amended by striking ``or life imprisonment without possibility 
of release''.
                                 <all>
HR 2992 IH----2
HR 2992 IH----3
HR 2992 IH----4
HR 2992 IH----5
HR 2992 IH----6
HR 2992 IH----7
HR 2992 IH----8
```