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), con-
cerning appointment of counsel or waiver or denial of ap-
pointment of counsel for that purpose. No counsel ap-
pointed 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 contin-
ued representation. 
‘‘(c) Sections 2257, 2258, 2259, and 2261 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 re-
view’ and ‘direct review’ in those sections shall be under-
stood as referring to unitary review under the State proce-
dure. The references in sections 2257(a) and 2258 to ‘an 
order under section 2256(c)’ shall be understood as refer-
ring to the post-trial order under subsection (b) con-
cerning 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 
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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. 
‘‘§ 2261. 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 ap-
peal 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 provi-
sion, 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 applica-
tion 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. 
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‘‘(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 inter-
ests of justice warrant such a one-time extension. The spe-
cific 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 oth-
erwise 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. 
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‘‘(e) The Administrative Office of United States 
Courts shall report annually to Congress on the compli-
ance 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 pri-
ority by the district court and by the court of appeals over 
all noncapital matters. 
‘‘§ 2262. Rule of construction 
‘‘This chapter shall be construed to promote the expe-
ditious 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 PETI-
TIONS IN CAPITAL CASES 
SEC. 107. FUNDING FOR DEATH PENALTY PROSECUTIONS. 
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: 
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‘‘SEC. 515. Notwithstanding any other provision of 
this subpart, the Director shall 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.’’. 
Subtitle B—Federal Death Penalty 
Procedures Reform 
SEC. 111. FEDERAL DEATH PENALTY PROCEDURES RE-
FORM. 
(a) IN GENERAL.—Subsection (e) of section 3593 of 
title 18, United States Code, is amended by striking 
‘‘Based upon this consideration’’ and all that follows 
through the end of such subsection and inserting the fol-
lowing: ‘‘The jury, or if there is no jury, the court, 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 sen-
tence of death if it unanimously finds at least one aggra-
vating factor and no mitigating factor or if it finds one 
or more aggravating factors which outweigh any miti-
gating factors. In any other case, it shall not recommend 
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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 rec-
ommendation concerning a sentence of death is to be 
based on the aggravating factor or factors and any miti-
gating factors which have been found, but that the final 
decision concerning the balance of aggravating and miti-
gating 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’’. 
TITLE II—DETERRING GUN 
CRIMES 
SEC. 201. MANDATORY PRISON TERMS FOR CARRYING, 
USING, OR DISCHARGING A FIREARM OR DE-
STRUCTIVE DEVICE DURING A STATE CRIME 
THAT IS A SERIOUS VIOLENT FELONY OR SE-
RIOUS DRUG OFFENSE. 
Section 924(c) of title 18, United States Code, is 
amended to read as follows: 
‘‘(c)(1)(A)(i) A person who, during and in relation 
to a serious violent felony or serious drug offense (includ-
ing a serious violent felony or serious drug offense that 
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provides for an enhanced punishment if committed by the 
use of a deadly or dangerous weapon or device) for which 
the person may be prosecuted in a court of any State— 
‘‘(I) knowingly carries a firearm, shall, in addi-
tion to the sentence imposed for the serious violent 
felony or serious drug offense, be sentenced to im-
prisonment for not less than 5 years; 
‘‘(II) knowingly uses a firearm, shall, in addi-
tion to the sentence imposed for the serious violent 
felony or serious drug offense, be sentenced to im-
prisonment for not less than 10 years; or 
‘‘(III) discharges a firearm with the intent to 
injure another person, shall, in addition to the sen-
tence imposed for the serious violent felony or seri-
ous drug offense, be sentenced to imprisonment for 
not less than 30 years; 
except that if the firearm is a machinegun or destructive 
device or is equipped with a firearm silencer or firearm 
muffler, the person shall, in addition to the sentence im-
posed for the serious violent felony or serious drug offense, 
be sentenced to life imprisonment. 
‘‘(B) Subparagraph (A) shall not apply to the con-
duct of a person in defense of person or property during 
the course of a crime committed by another person (in-
cluding the arrest or attempted arrest of such other per-
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son during or immediately after the commission of the 
crime), unless the person engaged in or participated in 
criminal conduct that gave rise to the criminal conduct 
of such other person. 
‘‘(C) It is the intent of the Congress that— 
‘‘(i) this paragraph shall be used to supplement 
but not supplant the efforts of State and local pros-
ecutors in prosecuting serious violent felonies and 
serious drug offenses that could be prosecuted under 
State law; and 
‘‘(ii) the Attorney General shall give due def-
erence to the interest that a State or local pros-
ecutor has in prosecuting a person under State law. 
‘‘(2)(A)(i) A person who, during and in relation to 
a crime of violence or drug trafficking crime (including 
a crime of violence or drug trafficking crime that provides 
for an enhanced punishment if committed by the use of 
a deadly or dangerous weapon or device) for which the 
person may be prosecuted in a court of the United 
States— 
‘‘(I) knowingly carries a firearm, shall, in addi-
tion to the sentence imposed for the crime of vio-
lence or drug trafficking crime, be sentenced to im-
prisonment for not less than 5 years; 
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‘‘(II) knowingly uses a firearm, shall, in addi-
tion to the sentence imposed for the crime of vio-
lence or drug trafficking crime, be sentenced to im-
prisonment for not less than 10 years; or 
‘‘(III) discharges a firearm with the intent to 
injure another person, shall, in addition to the sen-
tence imposed for the crime of violence or drug traf-
ficking crime, be sentenced to imprisonment for not 
less than 20 years. 
‘‘(ii) A person who, during and in relation to a crime 
of violence or drug trafficking crime (including a crime 
of violence or drug trafficking crime that provides for an 
enhanced punishment if committed by the use of a deadly 
or dangerous weapon or device) for which the person may 
be prosecuted in a court of the United States— 
‘‘(I) knowingly carries a short-barreled rifle, 
short-barreled shotgun, or semiautomatic assault 
weapon, shall, in addition to the sentence imposed 
for the crime of violence or drug trafficking crime, 
be sentenced to imprisonment for not less than 10 
years; 
‘‘(II) knowingly uses a short-barreled rifle, 
short-barreled shotgun, or semiautomatic assault 
weapon, shall, in addition to the sentence imposed 
for the crime of violence or drug trafficking crime, 
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be sentenced to imprisonment for not less than 15 
years; or 
‘‘(III) discharges a short-barreled rifle, short- 
barreled shotgun, or semiautomatic assault weapon 
with the intent to injure another person, shall, in ad-
dition to the sentence imposed for the crime of vio-
lence or drug trafficking crime, be sentenced to im-
prisonment for not less than 25 years. 
‘‘(iii) A person who, during and in relation to a crime 
of violence or drug trafficking crime (including a crime 
of violence or drug trafficking crime that provides for an 
enhanced punishment if committed by the use of a deadly 
or dangerous weapon or device) for which the person may 
be prosecuted in a court of the United States, knowingly 
carries or knowingly uses a firearm that is a machinegun 
or destructive device or is equipped with a firearm silencer 
or firearm muffler, or discharges such a firearm with the 
intent to injure another person, shall, in addition to the 
sentence imposed for the crime of violence or drug traf-
ficking crime, be sentenced to imprisonment for not less 
than 30 years. 
‘‘(B) A person who has been convicted under this sub-
section and who, during and in relation to a crime of vio-
lence or drug trafficking crime (including a crime of vio-
lence or drug trafficking crime that provides for an en-
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hanced punishment if committed by the use of a deadly 
or dangerous weapon or device) for which the person may 
be prosecuted in a court of the United States— 
‘‘(i) knowingly carries a firearm, shall, in addi-
tion to the sentence imposed for the serious violent 
felony or serious drug offense, be sentenced to im-
prisonment for not less than 10 years; 
‘‘(ii) knowingly uses a firearm, shall, in addition 
to the sentence imposed for the serious violent felony 
or serious drug offense, be sentenced to imprison-
ment for not less than 20 years; or 
‘‘(iii) discharges a firearm with the intent to in-
jure another person, shall, in addition to the sen-
tence imposed for the serious violent felony or seri-
ous drug offense, be sentenced to imprisonment for 
not less than 20 years; 
except that, if the firearm is a machinegun or destructive 
device or is equipped with a firearm silencer or firearm 
muffler, the person shall, in addition to the sentence im-
posed for the serious violent felony or serious drug offense, 
be sentenced to imprisonment for not less than 30 years. 
‘‘(ii) A person who has been convicted under this sub-
section and who, during and in relation to a serious violent 
felony or serious drug offense (including a serious violent 
felony or serious drug offense that provides for an en-
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hanced punishment if committed by the use of a deadly 
or dangerous weapon or device) for which the person may 
be prosecuted in a court of any State— 
‘‘(I) knowingly carries a firearm, shall, in addi-
tion to the sentence imposed for the serious violent 
felony or serious drug offense, be sentenced to im-
prisonment for not less than 10 years; 
‘‘(II) knowingly uses a firearm, shall, in addi-
tion to the sentence imposed for the serious violent 
felony or serious drug offense, be sentenced to im-
prisonment for not less than 20 years; or 
‘‘(III) discharges a firearm with the intent to 
injure another person, shall, in addition to the sen-
tence imposed for the serious violent felony or seri-
ous drug offense, be sentenced to imprisonment for 
not less than 30 years; 
except that if the firearm is a machinegun or destructive 
device or is equipped with a firearm silencer or firearm 
muffler, the person shall, in addition to the sentence im-
posed for the serious violent felony or serious drug offense, 
be sentenced to life imprisonment. 
‘‘(3)(A) Notwithstanding any other provision of law, 
the court shall not impose a probationary sentence on any 
person convicted of a violation of this subsection, nor shall 
a term of imprisonment imposed under this subsection run 
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841(b)(1)(B), 848), or section 1010(b)(1)(A) of 
the Controlled Substances Import and Export 
Act (21 U.S.C. 960(b)(1)(A)). 
‘‘(C) The term ‘crime of violence’ means an of-
fense that is a felony and— 
‘‘(i) has as an element the use, attempted 
use, or threatened use of physical force against 
the person or property of another; or 
‘‘(ii) that by its nature, involves a substan-
tial risk that physical force against the person 
or property of another may be used in the 
course of committing the offense. 
‘‘(D) The term ‘drug trafficking crime’ means 
any felony punishable under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Controlled 
Substances Import and Export Act (21 U.S.C. 951 
et seq.), or the Maritime Drug Law Enforcement 
Act (46 U.S.C. App. 1901 et seq.).’’. 
TITLE III—MANDATORY VICTIM 
RESTITUTION 
SEC. 301. MANDATORY RESTITUTION AND OTHER PROVI-
SIONS. 
(a) ORDER OF RESTITUTION.—Section 3663 of title 
18, United States Code, is amended— 
(1) in subsection (a)— 
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‘‘(5) in any case, reimburse the victim for nec-
essary child care, transportation, and other expenses 
related to participation in the investigation or pros-
ecution 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 fol-
lowing: 
‘‘(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 of-
fender; 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 restitu-
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tion 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. 
‘‘(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 per-
son 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 res-
titution or may apportion liability among the offenders to 
reflect the level of contribution and economic cir-
cumstances of each offender. 
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‘‘(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 of each victim but may 
provide for different payment schedules to reflect the eco-
nomic circumstances of each victim. 
‘‘(g)(1) If the victim has received or is entitled to re-
ceive 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 pro-
vide the compensation, but the restitution order shall pro-
vide that all restitution of 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 af-
fect 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 compensa-
tion 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 recov-
ered as compensatory damages by the victim in— 
‘‘(A) any Federal civil proceeding; and 
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‘‘(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 pay-
ments 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 des-
ignated by the Director of the Administrative Office 
of the United States Courts for accounting and pay-
ment by the entity in accordance with this sub-
section; 
‘‘(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 cur-
rent status in meeting those obligations, unless, 
after efforts have been made to enforce the res-
titution order and it appears that compliance 
cannot be obtained, the court determines that 
continued recordkeeping under this subpara-
graph would not be useful; 
‘‘(B) notify the court and the interested 
parties when an offender is 90 days in arrears 
in meeting those obligations; and 
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‘‘(3) the offender shall advise the entity des-
ignated by the Director of the Administrative Office 
of the United States Courts of any change in the of-
fender’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 of-
fender. If a defendant fails to comply with a restitution 
order, the court may revoke probation or a term of super-
vised release, modify the term or conditions of probation 
or a term of supervised release, hold the defendant in con-
tempt of court, enter a restraining order or injunction, 
order the sale of property of the defendant, accept a per-
formance bond, or take any other action necessary to ob-
tain compliance with the restitution order. In determining 
what action to take, the court shall consider the defend-
ant’s employment status, earning ability, financial re-
sources, the willfulness in failing to comply with the res-
titution order, and any other circumstances that may have 
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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 collec-
tion 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 RESTITU-
TION.—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: 
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‘‘(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 defend-
ant’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 connec-
tion with a proposed order of restitution to a magistrate 
or special master for proposed findings of fact and rec-
ommendations as to disposition, subject to a de novo de-
termination of the issue by the court.’’. 
TITLE IV—LAW ENFORCEMENT 
BLOCK GRANTS 
SEC. 401. BLOCK GRANT PROGRAM. 
Title I of the Violent Crime Control and Law En-
forcement Act of 1994 is amended to read as follows: 
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‘‘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 al-
located to such unit under this title for each pay-
ment 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, one or more of the fol-
lowing purposes: 
‘‘(A)(i) hiring, training, and employing on 
a continuing basis new, additional law enforce-
ment 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; and 
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‘‘(iii) procuring equipment, technology, and 
other material directly related to basic law en-
forcement functions. 
‘‘(B) Enhancing school security measures 
by— 
‘‘(i) providing increased law enforce-
ment patrols in and around schools, wheth-
er through the hiring of additional law en-
forcement officers or paying overtime to 
presently employed officers; 
‘‘(ii) 
purchasing 
law 
enforcement 
equipment necessary to carry out normal 
law enforcement functions in and around 
schools; 
‘‘(iii) equipping schools with metal de-
tectors, fences, closed circuit cameras, and 
other physical safety measures; and 
‘‘(iv) gun hotlines designed to facili-
tate the reporting of weapons possession 
by students and other individuals in and 
around schools. 
‘‘(C) Establishing crime prevention pro-
grams that are organized, supervised by, or in-
volve substantial participation of law enforce-
ment officials and that are intended to discour-
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age, disrupt, or interfere with the commission 
of criminal activity, including neighborhood 
watches and citizen patrols. 
‘‘(b) TIMING OF PAYMENTS.—The Director shall pay 
each unit of local government that has submitted an appli-
cation 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(d), 
whichever is later. 
‘‘(c) 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 in-
crease or decrease under this subsection a payment 
to a unit of local government only if the Director de-
termines the need for the increase or decrease, or if 
the unit requests the increase or decrease, not later 
than one year after the end of the payment period 
for which a payment was made. 
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‘‘(d) RESERVATION FOR ADJUSTMENT.—The Direc-
tor may reserve a percentage of not more than two 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. 
‘‘(e) 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 Di-
rector, any amount that is— 
‘‘(A) paid to the unit from amounts appro-
priated under the authority of this section; and 
‘‘(B) not expended by the unit within two 
years after receipt of such funds from the Di-
rector. 
‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the 
amount required to be repaid is not repaid, the Di-
rector shall reduce payment in future payment peri-
ods accordingly. 
‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts 
received by the Director as repayments under this 
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subsection shall be deposited in a designated fund 
for future payments to units of local government. 
‘‘(f) 
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 under this title, be made available 
from State or local sources. 
‘‘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) ADMINISTRATIVE COSTS.—Not more than 2.5 
percent of the amount authorized to be appropriated 
under subsection (a) for each of the fiscal years 1995 
through 2000 shall be available to the Director for admin-
istrative costs to carry out the purposes of this title. Such 
sums are to remain available until expended. 
‘‘(c) AVAILABILITY.—The amounts authorized to be 
appropriated under subsection (a) shall remain available 
until expended. 
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‘‘SEC. 103. QUALIFICATION FOR PAYMENT. 
‘‘(a) IN GENERAL.—The Director shall issue regula-
tions establishing procedures under which an unit of local 
government is required to provide notice to the Director 
regarding the proposed use of assistance under this title. 
‘‘(b) GENERAL REQUIREMENTS
FOR QUALIFICA-
TION.—An unit of local government qualifies for a pay-
ment under this title for a payment period only if the unit 
submits an application to the Director and establishes, to 
the satisfaction of the Director, that— 
‘‘(1) the unit of local government will establish 
a trust fund in which the government will deposit all 
payments received under this title; 
‘‘(2) the unit of local government will use 
amounts in the trust fund (including interest) dur-
ing a period not to exceed two years from the date 
the first grant payment is made to the government; 
‘‘(3) the unit of local government will expend 
the payments received in accordance with the laws 
and procedures that are applicable to the expendi-
ture of revenues of the unit of government; 
‘‘(4) the unit of local government will use ac-
counting, audit, and fiscal procedures that conform 
to guidelines which shall be prescribed by the Direc-
tor after consultation with the Comptroller General 
and as applicable, amounts received under this title 
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cprice-sewell on PROD1PC71 with BILLS
shall be audited in compliance with the Single Audit 
Act of 1984; 
‘‘(5) after reasonable notice from the Director 
or the Comptroller General to the unit of govern-
ment, the unit of local government will make avail-
able 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 re-
quires to review compliance and operation; 
‘‘(6) a designated official of the unit of local 
government shall make reports the Director reason-
ably requires, in addition to the annual reports re-
quired under this title; and 
‘‘(7) the unit of local government will spend the 
funds only for the purposes set forth in section 
101(a)(2). 
‘‘(c) REVIEW BY GOVERNORS.—A unit of local gov-
ernment shall give the chief executive officer of the State 
in which the government is located an opportunity for re-
view and comment before establishing compliance with 
subsection (d). 
‘‘(d) SANCTIONS FOR NONCOMPLIANCE.— 
‘‘(1) IN GENERAL.—If the Director determines 
that a unit of local government has not complied 
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substantially with the requirements or regulations 
prescribed under subsection (b), 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 with-
hold additional payments to the unit of local govern-
ment 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 subsection (b). 
‘‘(2) NOTICE.—Before giving notice under para-
graph (1), the Director shall give the chief executive 
officer of the unit of local government reasonable no-
tice and an opportunity for comment. 
‘‘SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS. 
‘‘(a) STATE DISTRIBUTION.—Except as provided in 
section 103(d), of the total amounts appropriated for this 
title for each payment period, the Director shall allocate 
for units of local government— 
‘‘(1) 0.25 percent to each State; and 
‘‘(2) of the total amount of funds remaining 
after allocation under paragraph (1), an amount 
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that is equal to the ratio that the number of part 
1 violent crimes reported by such State to the Fed-
eral Bureau of Investigation for 1993, bears to the 
number of part 1 violent crimes reported by all 
States to the Federal Bureau of Investigation for 
1993. 
‘‘(b) LOCAL DISTRIBUTION.— 
‘‘(1) From the amount reserved for each State 
under subsection (a), the Director shall allocate to 
each unit of local government an amount which— 
‘‘(A) bears the ratio that the number of 
part 1 violent crimes reported by such unit to 
the Federal Bureau of Investigation for 1993 
bears to the number of part 1 violent crimes re-
ported by all units of local government in the 
State in which the unit is located to the Federal 
Bureau of Investigation for 1993 multiplied by 
the ratio of the population living in all units in 
the State in which the unit is located that re-
ported part 1 violent crimes to the Federal Bu-
reau of Investigation for 1993 bears to the pop-
ulation of the State; or 
‘‘(B) if such data are not available for a 
unit, the ratio that the population of such unit 
bears to the population of all units of local gov-
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ernment in the State in which the unit is lo-
cated for which data are not available multi-
plied by the ratio of the population living in 
units in the State in which the unit is located 
for which data are not available bears to the 
population of the State. 
‘‘(2) If under paragraph (1) a unit of local gov-
ernment is allotted less than $5,000 for the payment 
period, the amount allotted shall be transferred to 
the Governor of the State who shall equitably dis-
tribute the allocation to all such units or consortia, 
as the case may be. 
‘‘(3)(A) If a unit of local government in a State 
that has been incorporated since the date of the col-
lection of the data used by the Director in making 
allocations pursuant to this section, the Director 
shall allocate to this newly incorporated unit of local 
government, out of the amount allocated to the 
State under this section, an amount bearing the 
same ratio to the amount allocated to the State as 
the population of the newly incorporated local gov-
ernment bears to the population of the State. 
‘‘(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 
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cprice-sewell on PROD1PC71 with BILLS
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. 
‘‘(c) UNAVAILABILITY OF INFORMATION.—For pur-
poses of this section, if data regarding part 1 violent 
crimes in any State for 1993 is unavailable or substan-
tially inaccurate, the Director shall utilize the best avail-
able comparable data regarding the number of violent 
crimes for 1993 for such State for the purposes of alloca-
tion of any funds under this title. 
‘‘SEC. 105. UTILIZATION OF PRIVATE SECTOR. 
‘‘Funds or a portion of funds allocated under this 
title may be utilized to contract with private, nonprofit en-
tities 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 ex-
pending payments under this title shall hold at least one 
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 
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and the relation of the payment from the Director to the 
entire budget. 
‘‘(c) TIME AND PLACE.—The unit of local govern-
ment 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 Om-
nibus Crime Control and Safe Streets Act of 1968, shall 
apply 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 statis-
tical purposes; and 
‘‘(B) the District of Columbia and the rec-
ognized governing body of an Indian tribe or 
Alaskan Native village that carries out substan-
tial governmental duties and powers. 
‘‘(2) The term ‘payment period’ means each 
one-year period beginning on October 1 of any year 
in which a grant under this title is awarded. 
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