I
104TH CONGRESS
2D SESSION
H. R. 2992
To combat crime.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 29, 1996
Mr. DOOLITTLE (for himself, Mr. SAM JOHNSON of Texas, Mr. BURTON of
Indiana, Mr. DORNAN, Mr. ISTOOK, Mr. HUTCHINSON, Mr. BARTLETT
of Maryland, Mr. HASTINGS of Washington, Mr. CHRISTENSEN, Mr.
WELLER, Mr. CUNNINGHAM, Mrs. SEASTRAND, Mr. STOCKMAN, Mr.
CREMEANS, Mr. ROHRABACHER, Mr. FROST, Mr. CRANE, Mr. HERGER,
Mr. 
SAXTON, 
Mr. 
COOLEY, 
Mr. 
HANCOCK, 
Mr. 
EWING, 
Mr.
HOSTETTLER, Mr. TIAHRT, Mr. BARR of Georgia, Mr. WELDON of Flor-
ida, 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 Representa-
tives 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 PROVI-
SIONS.
(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 follow-
ing: ‘‘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, emo-
tionally, or pecuniarily, by unlawful conduct of the defend-
ant during—
‘‘(A) the criminal episode during which the of-
fense occurred; or
‘‘(B) the course of a scheme, conspiracy, or pat-
tern of unlawful activity related to the offense.’’;
(2) in subsection (b)(1)(B) by striking ‘‘imprac-
tical’’ 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 para-
graph (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 inves-
tigation 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 follow-
ing:
‘‘(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-
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. A restitution
order shall direct the offender to give appropriate notice
to victims and other persons in cases where there are mul-
tiple 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 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.
‘‘(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
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 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 Con-
trol 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 author-
ized 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 in-
crease the prison bed capacity in such facilities for the
confinement of persons convicted of a serious violent fel-
ony and to build, expand, and operate temporary or per-
manent correctional facilities, including facilities on mili-
tary 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 per-
cent 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 orga-
nized 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 vio-
lent 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 sen-
tenced 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 incen-
tive grants to each State or States organized as a regional
compact that meet the requirements of subsection (b).
‘‘(b) ELIGIBILITY FOR TRUTH-IN-SENTENCING IN-
CENTIVE GRANTS.—In order to be eligible to receive funds
under subsection (a), a State or States organized as a re-
gional 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 maxi-
mum sentence for States that practice indeterminate
sentencing;
‘‘(2) laws requiring that the sentencing or re-
leasing authorities notify and allow the victims of
the defendant or the family of such victims the op-
portunity to be heard regarding the issue of sentenc-
ing 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 re-
garding 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 assur-
ance 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 gov-
ernment that is housing State prisoners, taking into
account the burden placed on such county or unit of
local government in confining prisoners due to over-
crowding in State prison facilities in furtherance of
the purposes of this Act;
‘‘(3) the State has implemented or will imple-
ment, not later than 18 months after the date of the
enactment of the Crime Prevention and Family Pro-
tection Act of 1996, policies to determine the vet-
eran status of inmates and to ensure that incarcer-
ated 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 be-
fore receipt of such funds and will report such sta-
tistical 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 other-
wise 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 aver-
age of times served for such offenses.
‘‘(d) AVAILABILITY OF FUNDS FOR JAIL CONSTRUC-
TION.—A State may use up to 15 percent of the funds
provided under this title for jail construction, if the Attor-
ney 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 fi-
nancial 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 condi-
tion 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.—Notwith-
standing any other provision of this title, if a State or
unit of local government located in a State which other-
wise 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 juve-
nile offenders, the State may use funds received under this
title to build, expand, and operate juvenile correctional fa-
cilities 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 num-
ber 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 or-
ganized 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 admin-
istrative provisions of sections 801 and 802 of the Omni-
bus 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 re-
porting 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 ap-
propriated 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 pur-
poses 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 in-
crease the amount of funds that would, in the ab-
sence of Federal funds, be made available from
State sources.
‘‘(3) ADMINISTRATIVE COSTS.—Not more than
three percent of the funds available under this sec-
tion 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 avail-
able 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 ex-
penses of the Immigration and Nationalization Serv-
ice for investigators and for expenses of the Bureau
of Prisons, the Federal Bureau of Investigations and
the United States Attorneys for activities and oper-
ations related to the investigation, prosecution and
conviction of persons accused of a serious violent fel-
ony, 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 appro-
priated under section 507, the Attorney General shall first
reserve an amount which when added to amounts appro-
priated 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 sec-
tion 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 sub-
section (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
‘‘(4) the term ‘an eligible system of consequen-
tial 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 proc-
ess 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 commis-
sion 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 pro-
ceedings, for conduct constituting—
‘‘(i) murder or attempted murder;
‘‘(ii) robbery while armed with a dead-
ly weapon;
‘‘(iii) battery while armed with a
deadly weapon;
‘‘(iv) forcible rape;
‘‘(v) any other crime the State deter-
mines appropriate; and
‘‘(vi) the fourth or subsequent occa-
sion on which such juveniles engage in an
activity for which adults could be impris-
oned for a term exceeding 1 year;
unless, on a case-by-case basis, the transfer of
such juveniles for disposition in the juvenile jus-
tice 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 en-
gaged in the conduct constituting an offense de-
scribed 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 convic-
tions; and
‘‘(III) made available to law en-
forcement 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 adjudica-
tion 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 juve-
nile by the court;
‘‘(G) have consulted with any units of local
government responsible for secure youth correc-
tional facilities in setting priorities for construc-
tion, development, expansion and modification,
operation or improvement of juvenile facilities,
and to the extent practicable, ensure that the
needs of entities currently administering juve-
nile 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.—Sec-
tion 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 mak-
ing payments to States and political subdivi-
sions of States which are ineligible for pay-
ments 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 re-
pealed.
(2) FUNDING.—(A) Section 1001(a) of the Om-
nibus Crime Control and Safe Streets Act of 1968
is amended by striking paragraph (20).
(B) Notwithstanding the provisions of subpara-
graph (A), any funds that remain available to an ap-
plicant under paragraph (20) of title I of the Omni-
bus 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 ENFORCE-
MENT 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 provi-
sions of paragraph (1), any funds that remain avail-
able 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 con-
tents of the Violent Crime Control and Law En-
forcement 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 in-
serting ‘‘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 ‘‘avail-
able’’.
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 STAND-
ARDS.
Section 7(b)(2) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(b)(2)) is amended by strik-
ing subparagraph (A) and redesignating subparagraphs
(B) through (E) as subparagraphs (A) through (D), re-
spectively.
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 ac-
tion’’; 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 add-
ing at the end the following:
‘‘(f) If a prisoner in a correctional institution files
an affidavit in accordance with subsection (a) of this sec-
tion, such prisoner shall include in that affidavit a state-
ment 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 CONDI-
TIONS.
(a) IN GENERAL.—Section 3626 of title 18, United
States Code, is amended to read as follows:
‘‘§ 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 nec-
essary to remove the conditions that are causing the
deprivation of the Federal rights of individual plain-
tiffs 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
RE-
LIEF.—In any civil action with respect to prison con-
ditions, the court shall not grant or approve any re-
lief 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
PROSPEC-
TIVE RELIEF AFTER 2-YEAR PERIOD.—In any civil
action with respect to prison conditions, any pro-
spective 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 re-
lief; or
‘‘(B) the date of the enactment of the Stop
Turning Out Prisoners Act.
‘‘(2) IMMEDIATE
TERMINATION
OF
PROSPEC-
TIVE RELIEF.—In any civil action with respect to
prison conditions, a defendant or intervenor shall be
entitled to the immediate termination of any pro-
spective 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 PRO-
SPECTIVE RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly
rule on any motion to modify or terminate prospec-
tive relief in a civil action with respect to prison con-
ditions.
‘‘(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. Stand-
ing 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 spe-
cial master or monitor shall be a United States magistrate
and shall make proposed findings on the record on com-
plicated 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 sub-
section.
‘‘(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 ex-
tent 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 viola-
tion.
‘‘(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, sen-
tenced 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 enforce-
ment other than reinstatement of the civil proceed-
ing which such agreement settled); and
‘‘(3) the term ‘prospective relief’ means all re-
lief 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 ap-
proved 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 follow-
ing new section:
‘‘§ 4047. Strength-training of prisoners prohibited
‘‘The Bureau of Prisons shall ensure that—
‘‘(1) prisoners under its jurisdiction do not en-
gage 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 Bu-
reau 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 Fed-
eral prison system that provide prisoners the least amount
of amenities and personal comforts consistent with Con-
stitutional requirements and good order and discipline in
the Federal prison system.
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to establish or recognize any mini-
mum 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, begin-
ning 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 em-
pirical 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 follow-
ing:
‘‘§ 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 pursu-
ant to rules prescribed by the Attorney General.
‘‘(b) Services provided under subsection (a)—
‘‘(1) shall be used only for the benefit of the re-
cipient entity and not for the benefit of any individ-
ual or organization other than the recipient; and
‘‘(2) shall not displace an employee of the recip-
ient or result in a reduction in hours, wages, or em-
ployment 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 COM-
MISSARIES.
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 es-
tablish, operate, and maintain commissaries in Federal
penal or correctional facilities, from and through which ar-
ticles and services may be procured, sold, rendered, or oth-
erwise provided or made available for the benefit of in-
mates 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 com-
missaries 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 disposi-
tion 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—
‘‘(h) Employees compensated by or through the Pris-
on 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 Pris-
ons’’.
TITLE III—CRIMINAL ALIEN DE-
PORTATION IMPROVEMENTS
ACT OF 1996
SEC. 301. ADDITIONAL EXPANSION OF DEFINITION OF AG-
GRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)), as
amended by section 222 of the Immigration and National-
ity 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 organiza-
tions)’’;
(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 follow-
ing 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 ad-
vantage; 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 im-
prisonment) 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 (re-
lating 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), respec-
tively;
(7) by inserting after subparagraph (N) the fol-
lowing new subparagraph:
‘‘(O) an offense described in section 275(a)
or 276 committed by an alien who was pre-
viously 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 ap-
pear 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 Immi-
gration and Nationality Technical Corrections Act of
1994.
SEC. 
302. 
DEPORTATION 
PROCEDURES 
FOR 
CERTAIN
CRIMINAL ALIENS WHO ARE NOT PERMA-
NENT 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 sub-
paragraph (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), respec-
tively; 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 proceed-
ing 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 At-
torney 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 Vio-
lent 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 pre-
sumed to be deportable from the United States.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of the enact-
ment 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 Immigra-
tion 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 imprison-
ment 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 UN-
DERLYING DEPORTATION ORDER.
(a) IN GENERAL.—Section 276 of the Immigration
and Nationality Act (8 U.S.C. 1326) is amended by add-
ing 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) un-
less 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 au-
thority of section 242(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi-
nal alien identification system. The criminal alien identi-
fication 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-RE-
LATED 
CRIMES 
AS 
RICO-PREDICATE 
OF-
FENSES.
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 identi-
fication documents) if the act indictable under sec-
tion 1028 was committed for the purpose of finan-
cial 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 indict-
able under section 1543 was committed for the pur-
pose of financial gain, section 1544 (relating to mis-
use 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 in-
dictable under section 1546 was committed for the
purpose of financial gain, sections 1581–1588 (relat-
ing 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 IN-
VESTIGATIONS.
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 para-
graph (p), and
(3) by inserting after paragraph (n) the follow-
ing new paragraph:
‘‘(o) a felony violation of section 1028 (relating
to production of false identification documents), sec-
tion 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 deporta-
tion proceedings are initiated after the date of the enact-
ment 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 pro-
ceedings by electronic or telephonic media (with the con-
sent 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 follow-
ing: ‘‘Nothing in this subsection shall be construed
to create any substantive or procedural right or ben-
efit 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 Nation-
ality 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 Correc-
tions 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 Con-
gress 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 crimi-
nal offense in the United States since November 30,
1977, who would have been or are eligible for trans-
fer pursuant to the Treaty.
(2) The number of aliens described in para-
graph (1) who have been transferred pursuant to the
Treaty.
(3) The number of aliens described in para-
graph (2) who have been incarcerated in full compli-
ance 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 para-
graph (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 dis-
proportionately impacted by aliens convicted of criminal
offenses as the Secretary and the Attorney General con-
sider 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, regula-
tions, and policies affecting the identification, pros-
ecution, and deportation of aliens who have commit-
ted a criminal offense in the United States.
(3) Changes in the Treaty that may be nec-
essary 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 offi-
cials of the Mexican Government on programs to
achieve the goals of, and ensure full compliance
with, the Treaty.
(6) An assessment of whether the recommenda-
tions 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 PROSECU-
TION 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 tech-
nical 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 con-
sent 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 incarcer-
ation.
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 im-
plement 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 IM-
PRISONMENT.
(a) IN GENERAL.—Section 242(h) of the Immigra-
tion 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, proba-
tion, or possibility of rearrest or further confinement in
respect of the same offense shall not be a ground for defer-
ral 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 imprison-
ment—
‘‘(A) in the case of an alien in the custody of
the Attorney General, if the Attorney General deter-
mines 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 smug-
gling), (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 COM-
PLETION 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 sub-
section:
‘‘(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 impris-
onment 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 Con-
trol 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 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, 1 or more of the follow-
ing 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 em-
ployed 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 pro-
grams 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 pro-
grams, sexual assault and domestic violence
programs, and programs intended to prevent ju-
venile 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 vio-
lent 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 crimi-
nal activity, particularly criminal activity that is
exacerbated by drug or gang-related involve-
ment.
‘‘(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 sub-
section—
‘‘(A) the term ‘violent offender’ means a
person charged with committing a part I violent
crime; and
‘‘(B) the term ‘drug courts’ means a pro-
gram that involves—
‘‘(i) continuing judicial supervision
over offenders with substance abuse prob-
lems 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 proba-
tion for each participant;
‘‘(II) substance abuse treatment
for each participant;
‘‘(III) probation, or other super-
vised release involving the possibility
of prosecution, confinement, or incar-
ceration 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 hous-
ing 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 pur-
chase, 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 enforce-
ment;
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 govern-
ment.
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 ADMINIS-
TRATION.—Not more than 3 percent of the amount au-
thorized 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 effective-
ness and efficiency of the provisions of this title, and as-
suring 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 over-
sight plan for monitoring the activities of grant recipients.
Such sums are to remain available until expended.
‘‘(c) TECHNOLOGY ASSISTANCE.—The Attorney Gen-
eral 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 regula-
tions 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 estab-
lish a process for the ongoing evaluation of projects devel-
oped with funds made available under this title.
‘‘(c) GENERAL
REQUIREMENTS
FOR
QUALIFICA-
TION.—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 estab-
lished a local advisory board that—
‘‘(A) includes, but is not limited to, a rep-
resentative 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, re-
ligious, 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 rec-
ommendations 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 Direc-
tor;
‘‘(3)(A) the unit of local government will estab-
lish a trust fund in which the government will de-
posit all payments received under this title; and
‘‘(B) the unit of local government will use
amounts in the trust fund (including interest) dur-
ing a period not to exceed 2 years from the date the
first grant payment is made to the unit of local gov-
ernment;
‘‘(4) 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 local government;
‘‘(5) 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
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 gov-
ernment, the unit of local government will make
available to the Director and the Comptroller Gen-
eral, with the right to inspect, records that the Di-
rector 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 reason-
ably requires, in addition to the annual reports re-
quired 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 subpara-
graph (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 geo-
graphic area where the enhancement is under-
taken 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 assess-
ment report to the Director; and
‘‘(11) the unit of local government has estab-
lished 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), ap-
proved for separation under section 1174a or 1175
of such title, or retired pursuant to the authority
provided under section 4403 of the Defense Conver-
sion, 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 Attor-
ney General and the Secretary of Defense. To the
extent practicable, the Director shall endeavor to in-
form members who were separated between October
1, 1990, and the date of the enactment of this sec-
tion of their eligibility for the employment pref-
erence;
‘‘(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 Direc-
tor 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 peri-
ods 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 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.
‘‘(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 ap-
propriated 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 Fed-
eral 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 re-
ported by all States to the Federal Bureau of Inves-
tigation 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 pay-
ment period are insufficient to pay in full the total
payment that any State is otherwise eligible to re-
ceive under paragraph (1) for such period, then the
Director shall reduce payments under paragraph (1)
for such payment period to the extent of such insuf-
ficiency. Reductions under the preceding sentence
shall be allocated among the States (other than
States whose payment is determined under para-
graph (2)) in the same proportions as amounts
would be allocated under paragraph (1) without re-
gard 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 gov-
ernment the reporting units’ share of such re-
served 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 re-
served amount is the amount equal to the prod-
uct of such reserved amount multiplied by the
percentage which the population living in re-
porting units of local government in the State
bears to the population of all units of local gov-
ernment in the State.
‘‘(B) The nonreporting units’ share of the
reserved amount is the reserved amount re-
duced by the reporting units’ share of the re-
served amount.
‘‘(3) 
ALLOCATION
TO
EACH
REPORTING
UNIT.—From the reporting units’ share of the re-
served 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 re-
cent calendar years for which such data is available
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 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 expendi-
tures 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 sub-
section—
‘‘(A) The term ‘reporting unit of local gov-
ernment’ means any unit of local government
that reported part 1 violent crimes to the Fed-
eral Bureau of Investigation for the 3 most re-
cent calendar years for which such data is avail-
able.
‘‘(B) The term ‘nonreporting unit of local
government’ means any unit of local govern-
ment which is not a reporting unit of local gov-
ernment.
‘‘(C)(i) The term ‘like governmental units’
means any like unit of local government as de-
fined 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 gov-
ernmental 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 enforce-
ment 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
‘‘(I) any one such specified geographi-
cally constituent unit of local government
exceeds 200 percent of the amount allo-
cated to the unit of local government cer-
tified pursuant to clause (i), or
‘‘(II) more than one such specified
geographically constituent unit of local
government (excluding units of local gov-
ernment referred to subclause I and in
paragraph (7)), exceeds 400 percent of the
amount allocated to the unit of local gov-
ernment certified pursuant to clause (i)
and the attorney general of the State de-
termines that such allocation is likely to
threaten the efficient administration of jus-
tice,
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 geo-
graphically constituent units of local government de-
scribed 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 govern-
ment 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 pur-
poses of carrying out this paragraph.
‘‘(B) In this paragraph, the term ‘geographi-
cally 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 INFOR-
MATION.—
‘‘(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 re-
garding 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 Direc-
tor shall—
‘‘(A) investigate the methodology used by
such unit to determine the accuracy of the sub-
mitted data; and
‘‘(B) when necessary, use the best avail-
able 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 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 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 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 and for purposes of this section any ref-
erence 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 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 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 Com-
monwealth of Puerto Rico, the Virgin Islands, Amer-
ican Samoa, Guam, and the Northern Mariana Is-
lands, 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.—