






   
   
      TITLE II - PRISONS
      
   
   
   
   
   Subtitle A-Violent Offender Incarceration and Truth in
   Incentive Grants
   
   
   
   SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
   
   
   
   (a) Grant Authorization .-The Attorney General may make grants
   individual States and to States organized as multi-State
   construct, develop, expand, modify, operate, or improve correctional
   facilities, including boot camp facilities and other alternative
   correctional facilities that can free conventional prison space for
   the confinement of violent offenders, to ensure that prison cell space
   is available for the confinement of violent offenders and to implement
   truth in sentencing laws for sentencing violent offenders.
   
   
   
   (b) Eligibility .-To be eligible to receive a grant under this
   subtitle, a State or States organized as multi- State compacts shall
   submit an application to the Attorney General which includes-
   
   
   
   (1) assurances that the State or States have implemented, or will
   implement, correctional policies and programs, including truth in
   sentencing laws that ensure that violent offenders serve a substantial
   portion of the sentences imposed, that are designed to provide
   sufficiently severe punishment for violent offenders, including
   violent juvenile offenders, and that the prison time served is
   appropriately related to the determination that the inmate is a
   violent offender and for a period of time deemed necessary to protect
   the public;
   
   
   
   (2) assurances that the State or States have implemented policies that
   provide for the recognition of the rights and needs of crime victims;
   
   
   
   (3) assurances that funds received under this section will be used to
   construct, develop, expand, modify, operate, or improve correctional
   facilities to ensure that prison cell space is available for the
   confinement of violent offenders;
   
   
   
   (4) assurances that the State or States have a comprehensive
   correctional plan which represents an integrated approach to the
   management and operation of correctional facilities and programs and
   which includes diversion programs, particularly drug diversion
   programs, community corrections programs, a prisoner screening and
   security classification system, appropriate professional training for
   corrections officers in dealing with violent offenders, prisoner
   rehabilitation and treatment programs, prisoner work activities
   (including, to the extent practicable, activities relating to the
   [*H8779] development, expansion, modification, or improvement of
   correctional facilities) and job skills programs, educational
   programs, a pre-release prisoner assessment to provide risk reduction
   management, post-release assistance, and an assessment of recidivism
   rates;
   
   
   
   
   
   
   
   (5) assurances that the State or States have involved 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 violent offenders, and that the State or States will
   share funds received under this section with counties and other units
   of local government, taking into account the burden placed on these
   units of government when they are required to confine sentenced
   prisoners because of overcrowding in State prison facilities;
   
   
   
   (6) assurances that funds received under this section will be used to
   supplement, not supplant, other Federal, State, and local funds;
   
   
   
   (7) assurances that the State or States have implemented, or will
   implement within 18 months after the date of the enactment of this
   Act, policies to determine the veteran status of inmates and to ensure
   that incarcerated veterans receive the veterans benefits to which they
   are entitled;
   
   
   
   (8) if applicable, documentation of the multi-State compact agreement
   that specifies the construction, development, expansion, modification,
   operation, or improvement of correctional facilities; and
   
   
   
   (9) if applicable, a description of the eligibility criteria for
   prisoner participation in any boot camp that is to be funded.
   
   
   
   (c) Consideration .-The Attorney General, in making such grants, shall
   give consideration to the special burden placed on States which
   incarcerate a substantial number of inmates who are in the United
   States illegally.
   
   
   
   SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
   
   
   
   (a) Truth in Sentencing Grant Program .-Fifty percent of the total
   amount of funds appropriated to carry out this subtitle for each of
   fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made
   available for Truth in Sentencing Incentive Grants. To be eligible to
   receive such a grant, a State must meet the requirements of section
   20101(b) and shall demonstrate that the State-
   
   
   
   (1) has in effect laws which require that persons convicted of violent
   crimes serve not less than 85 percent of the sentence imposed; or
   
   
   
   (2) since 1993-
   
   
   
   (A) has increased the percentage of convicted violent offenders
   sentenced to prison;
   
   
   
   (B) has increased the average prison time which will be served in
   prison by convicted violent offenders sentenced to prison;
   
   
   
   (C) has increased the percentage of sentence which will be served in
   prison by violent offenders sentenced to prison; and
   
   
   
   (D) has in effect at the time of application laws requiring that a
   person who is convicted of a violent crime shall serve not less than
   85 percent of the sentence imposed if-
   
   
   
   
   
   
   
   (i) the person has been convicted on 1 or more prior occasions in a
   court of the United States or of a State of a violent crime or a
   serious drug offense; and
   
   
   
   (ii) each violent crime or serious drug offense was committed after
   the defendant's conviction of the preceding violent crime or serious
   drug offense.
   
   
   
   (b) Allocation of Truth in Sentencing Incentive Funds .-
   
   
   
   (1) Formula allocation .-The amount available to carry out this
   section for any fiscal year under subsection (a) shall be allocated to
   each eligible State in the ratio that the number of part 1 violent
   crimes reported by such State to the Federal 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.
   
   
   
   (2) Transfer of unused funds .-On September 30 of each of fiscal years
   1996, 1998, 1999, and 2000, the Attorney General shall transfer to the
   funds to be allocated under section 20103(b)(1) any funds made
   available to carry out this section that are not allocated to an
   eligible State under paragraph (1).
   
   
   
   SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
   
   
   
   (a) Violent Offender Incarceration Grant Program .-Fifty percent of
   the total amount of funds appropriated to carry out this subtitle for
   each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be
   made available for Violent Offender Incarceration Grants. To be
   eligible to receive such a grant, a State or States must meet the
   requirements of section 20101(b).
   
   
   
   (b) Allocation of Violent Offender Incarceration Funds .-
   
   
   
   (1) Formula allocation .-Eighty-five percent of the sum of the amount
   available for Violent Offender Incarceration Grants for any fiscal
   year under subsection (a) and any amount transferred under section
   20102(b)(2) for that fiscal year shall be allocated as follows:
   
   
   
   (A) 0.25 percent shall be allocated to each eligible State except that
   the United States Virgin Islands, American Samoa, Guam and the
   Northern Mariana Islands each shall be allocated 0.05 percent.
   
   
   
   (B) The amount remaining after application of subparagraph (A) shall
   be allocated to each eligible State in the ratio that the number of
   part 1 violent crimes reported by such State to the Federal 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.
   
   
   
   (2) Discretionary allocation .-Fifteen percent of the sum of the
   amount available for Violent Offender Incarceration Grants for any
   fiscal year under subsection (a) and any amount transferred under
   section 20103(b)(3) for that fiscal year shall be allocated at the
   discretion of the Attorney General to States that have demonstrated
   the greatest need for such grants and the ability to best utilize the
   funds to meet the objectives of the grant program and ensure that
   prison cell space is available for the confinement of violent
   offenders.
   
   
   
   (3) Transfer of unused formula funds .-On September 30 of each of
   fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney General
   shall transfer to the discretionary program under paragraph (2) any
   funds made available for allocation under paragraph (1) that are not
   allocated to an eligible State under paragraph (1).
   
   
   
   SEC. 20104. MATCHING REQUIREMENT.
   
   
   
   The Federal share of a grant received under this subtitle may not
   exceed 75 percent of the costs of a proposal described in an
   application approved under this subtitle.
   
   
   
   SEC. 20105. RULES AND REGULATIONS.
   
   
   
   (a) The Attorney General shall issue rules and regulations regarding
   the uses of grant funds received under this subtitle not later than 90
   days after the date of enactment of this Act.
   
   
   
   (b) If data regarding part 1 violent crimes in any State for 1993 is
   unavailable or substantially inaccurate, the Attorney General shall
   utilize the best available comparable data regarding the number of
   violent crimes for 1993 for that State for the purposes of allocation
   of any funds under this subtitle.
   
   
   
   SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.
   
   
   
   The Attorney General may request that the Director of the National
   Institute of Corrections and the Director of the Federal Bureau of
   Prisons provide technical assistance and training to a State or States
   that receive a grant under this subtitle to achieve the purposes of
   this subtitle.
   
   
   
   SEC. 20107. EVALUATION.
   
   
   
   The Attorney General may request the Director of the National
   Institute of Corrections to assist with an evaluation of programs
   established with funds under this subtitle.
   
   
   
   SEC. 20108. DEFINITIONS.
   
   
   
   In this subtitle- "boot camp" means a correctional program of not more
   than 6 months' incarceration involving-
   
   
   
   (A) assignment for participation in the program, in conformity with
   State law, by prisoners other than prisoners who have been convicted
   at any time of a violent felony;
   
   
   
   (B) adherence by inmates to a highly regimented schedule that involves
   strict discipline, physical training, and work;
   
   
   
   (C) participation by inmates in appropriate education, job training,
   and substance abuse counseling or treatment; and
   
   
   
   (D) post-incarceration aftercare services for participants that are
   coordinated with the program carried out during the period of
   imprisonment.
   
   
   
   "part 1 violent crimes" means murder and non-negligent manslaughter,
   forcible rape, robbery, and aggravated assault as reported to the
   Federal Bureau of Investigation for purposes of the Uniform Crime
   Reports.
   
   
   
   "State" or "States" means a State, the District of Columbia, the
   Commonwealth of Puerto Rico, the United States Virgin Islands,
   American Samoa, Guam, and the Northern Mariana Islands.
   
   
   
   SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.
   
   
   
   There are authorized to be appropriated to carry out this subtitle-
   
   
   
   (1) $ 175,000,000 for fiscal year 1995;
   
   
   
   (2) $ 750,000,000 for fiscal year 1996;
   
   
   
   (3) $ 1,000,000,000 for fiscal year 1997;
   
   
   
   (4) $ 1,900,000,000 for fiscal year 1998;
   
   
   
   (5) $ 2,000,000,000 for fiscal year 1999; and
   
   
   
   (6) $ 2,070,000,000 for fiscal year 2000.
   
   
   
   Subtitle B-Punishment for Young Offenders
   
   
   
   SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.
   
   
   
   (a) In General .-Title I of the Omnibus Crime Control and Safe Streets
   Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 10003(a),
   is amended-
   
   
   
   (1) by redesignating part R as part S;
   
   
   
   (2) by redesignating section 1801 as section 1901; and
   
   
   
   (3) by inserting after part Q the following new part:
   
   
   
   "PART R-CERTAIN PUNISHMENT FOR YOUNG OFFENDERS
   
   
   
   "SEC. 1801. GRANT AUTHORIZATION.
   
   
   
   "(a) In General .-The Attorney General may make grants under this part
   to States, for the use by States and units of local government, for
   the purpose of developing alternative methods of punishment for young
   offenders to traditional forms of incarceration and probation.
   
   
   
   "(b) Alternative Methods .-The alternative methods of punishment
   referred to in subsection (a) should ensure certain punishment for
   young offenders and promote reduced recidivism, crime prevention, and
   assistance to victims, particularly for young offenders who can be
   punished more effectively in an environment other than a traditional
   correctional facility, including-
   
   
   
   "(1) alternative sanctions that create accountability and certain
   punishment for young offenders;
   
   
   
   
   
   
   
   "(2) restitution programs for young offenders;
   
   
   
   "(3) innovative projects, such as projects consisting of education and
   job training activities for incarcerated young offenders, modeled, to
   the extent practicable, after activities carried out under part B of
   title IV of the Job Training Partnership Act (relating to Job Corps)
   (29 U.S.C. 1691 et seq.) and projects that provide family counseling;
   
   
   
   "(4) correctional options, such as community-based incarceration,
   weekend incarceration, and electronic monitoring of offenders;
   
   
   
   "(5) community service programs that provide work service placement
   for young offenders at non-profit, private organizations and community
   organizations;
   
   
   
   "(6) innovative methods that address the problems of young offenders
   convicted of serious substance abuse (including alcohol abuse) and
   gang-related offenses; and
   
   
   
   "(7) adequate and appropriate after care programs for young offenders,
   such as substance abuse treatment, education programs, vocational
   training, job placement counseling, family counseling and other
   support programs upon release. [*H8780]
   
   
   
   "SEC. 1802. STATE APPLICATIONS.
   
   
   
   "(a) In General .-
   
   
   
   "(1) Submission of application .-To request a grant under this part,
   the chief executive of a State shall submit an application to the
   Attorney General in such form and containing such information as the
   Attorney General may reasonably require.
   
   
   
   "(2) Assurances .-An application under paragraph (1) shall include
   assurances that Federal funds received under this part shall be used
   to supplement, not supplant, non-Federal funds that would otherwise be
   available for activities funded under this part.
   
   
   
   "(b) State Office .-The office designated under section 507-
   
   
   
   "(1) shall prepare the application as required under subsection (a);
   and
   
   
   
   "(2) shall administer grant funds received under this part, including
   review of spending, processing, progress, financial reporting,
   technical assistance, grant adjustments, accounting, auditing, and
   fund disbursement.
   
   
   
   "SEC. 1803. REVIEW OF STATE APPLICATIONS.
   
   
   
   "(a) In General .-The Attorney General shall make a grant under
   section 1801(a) to carry out the projects described in the application
   submitted by such applicant under section 1802 upon determining that-
   
   
   
   "(1) the application is consistent with the requirements of this part;
   and
   
   
   
   "(2) before the approval of the application, the Attorney General has
   made an affirmative finding in writing that the proposed project has
   been reviewed in
   
   
   
   accordance with this part.
   
   
   
   "(b) Approval .-Each application submitted under section 1802 shall be
   considered approved, in whole or in part, by the Attorney General not
   later than 45 days after first received unless the Attorney General
   informs the applicant of specific reasons for disapproval.
   
   
   
   "(c) Restriction .-Grant funds received under this part shall not be
   used for land acquisition or construction projects, other than
   alternative facilities described in section 1801(b).
   
   
   
   "(d) Disapproval Notice and Reconsideration .-The Attorney General
   shall not disapprove any application without first affording the
   applicant reasonable notice and an opportunity for reconsideration.
   
   
   
   "SEC. 1804. LOCAL APPLICATIONS.
   
   
   
   "(a) In General .-
   
   
   
   "(1) Submission of application .-To request funds under this part from
   a State, the chief executive of a unit of local government shall
   submit an application to the office designated under section 1802(b).
   
   
   
   "(2) Approval .-An application under paragraph (1) shall be considered
   to have been approved, in whole or in part, by the State not later
   than 45 days after such application is first received unless the State
   informs the applicant in writing of specific reasons for disapproval.
   
   
   
   "(3) Disapproval .-The State shall not disapprove any application
   submitted to the State without first affording the applicant
   reasonable notice and an opportunity for reconsideration.
   
   
   
   "(4) Effect of approval .-If an application under subsection (a) is
   approved, the unit of local government is eligible to receive funds
   under this part.
   
   
   
   "(b) Distribution to Units of Local Government .-A State that receives
   funds under section 1801 in a fiscal year shall make such funds
   available to units of local government with an application that has
   been submitted and approved by the State within 45 days after the
   Attorney General has approved the application submitted by the State
   and has made funds available to the State. The Attorney General may
   waive the 45-day requirement in this section upon a finding that the
   State is unable to satisfy such requirement under State statutes.
   
   
   
   "SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.
   
   
   
   "(a) State Distribution .-Of the total amount appropriated under this
   part in any fiscal year-
   
   
   
   "(1) 0.4 percent shall be allocated to each of the participating
   States; and
   
   
   
   "(2) of the total funds remaining after the allocation under paragraph
   (1), there shall be allocated to each of the participating States an
   amount which bears the same ratio to the amount of remaining funds
   described in this paragraph as the number of young offenders of such
   State bears to the number of young offenders in all the participating
   States.
   
   
   
   
   
   
   
   "(b) Local Distribution .-
   
   
   
   "(1) In general .-A State that receives funds under this part in a
   fiscal year shall distribute to units of local government in such
   State for the purposes specified under section 1801 that portion of
   such funds which bears the same ratio to the aggregate amount of such
   funds as the amount of funds expended by all units of local government
   for correctional programs in the preceding fiscal year bears to the
   aggregate amount of funds expended by the State and all units of local
   government in such State for correctional programs in such preceding
   fiscal year.
   
   
   
   "(2) Undistributed funds .-Any funds not distributed to units of local
   government under paragraph (1) shall be available for expenditure by
   such State for purposes specified under section 1801.
   
   
   
   "(3) Unused funds .- If the Attorney General determines, on the basis
   of information available during any fiscal year, that a portion of the
   funds allocated to a State for such fiscal year will not be used by
   such State or that a State is not eligible to receive funds under
   section 1801, the Attorney General shall award such funds to units of
   local government in such State giving priority to the units of local
   government that the Attorney General considers to have the greatest
   need.
   
   
   
   "(c) General Requirement .-Notwithstanding subsections (a) and (b),
   not less than two-thirds of funds received by a State under this part
   shall be distributed to units of local government unless the State
   applies for and receives a waiver from the Attorney General.
   
   
   
   "(d) Federal Share .-The Federal share of a grant made under this part
   may not exceed 75 percent of the total costs of the projects described
   in the application submitted under section 1802(a) for the fiscal year
   for which the projects receive assistance under this part.
   
   
   
   "(e) Consideration .-Notwithstanding subsections (a) and (b), in
   awarding grants under this part, the Attorney General shall consider
   as a factor whether a State has in effect throughout such State a law
   or policy that requires that a juvenile who is in possession of a
   firearm or other weapon on school property or convicted of a crime
   involving the use of a firearm or weapon on school property-
   
   
   
   "(1) be suspended from school for a reasonable period of time; and
   
   
   
   "(2) lose driving license privileges for a reasonable period of time.
   
   
   
   "(f) Definition .-For purposes of this part, 'juvenile' means a person
   18 years of age or younger.
   
   
   
   "SEC. 1806. EVALUATION.
   
   
   
   "(a) In General .-
   
   
   
   "(1) Submission to the director .-Each State and unit of local
   government that receives a grant under this part shall submit to the
   Attorney General an evaluation not later than March 1 of each year in
   accordance with guidelines issued by the Attorney General. Such
   evaluation shall include an appraisal by
   
   
   
   representatives of the community of the programs funded by the grant.
   
   
   
   "(2) Waiver .-The Attorney General may waive the requirement specified
   in paragraph (1) if the Attorney General determines that such
   evaluation is not warranted in the case of the State or unit of local
   government involved.
   
   
   
   "(b) Distribution .-The Attorney General shall make available to the
   public on a timely basis evaluations received under subsection (a).
   
   
   
   "(c) Administrative Costs .-A State or unit of local government may
   use not more than 5 percent of funds it receives under this part to
   develop an evaluation program under this section.".
   
   
   
   (b) Technical Amendment .-The table of contents of title I of the
   Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
   seq.), as amended by section 10003(a), is amended by striking the
   matter relating to part R and inserting the following:
   
   
   
   "Part R-Certain Punishments for Young Offenders
   
   
   
   "Sec. 1801. Grant authorization.
   
   
   
   "Sec. 1802. State applications.
   
   
   
   "Sec. 1803. Review of State applications.
   
   
   
   "Sec. 1804. Local applications.
   
   
   
   "Sec. 1805. Allocation and distribution of funds.
   
   
   
   "Sec. 1806. Evaluation.
   
   
   
   "Part S-Transition-Effective Date-Repealer
   
   
   
   "Sec. 1901. Continuation of rules, authorities, and proceedings.".
   
   
   
   (c) Definition .-Section 901(a) of the Omnibus Crime Control and Safe
   Streets Act of 1968 (42 U.S.C. 3791(a)), is amended-
   
   
   
   (1) by adding a semicolon at the end of paragraph (21);
   
   
   
   (2) by striking "and" at the end of paragraph (22);
   
   
   
   (3) by striking the period at the end of paragraph (23) and inserting
   a semicolon; and
   
   
   
   (4) by adding after paragraph (23) the following: "(24) the term
   'young offender' means a non-violent first-time offender or a
   non-violent offender with a minor criminal record who is 22 years of
   age or younger (including juveniles).".
   
   
   
   (d) Authorization of Appropriations .-Section 1001(a) of title I of
   the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
   3793), as amended by section 10003(c), is amended-
   
   
   
   
   
   
   
   (1) in paragraph (3) by striking "and Q" and inserting "Q, or R"; and
   
   
   
   (2) by adding at the end the following new paragraph:
   
   
   
   "(16) There are authorized to be appropriated to carry out projects
   under part R-
   
   
   
   "(A) $ 20,000,000 for fiscal year 1996;
   
   
   
   "(B) $ 25,000,000 for fiscal year 1997;
   
   
   
   "(C) $ 30,000,000 for fiscal year 1998;
   
   
   
   "(D) $ 35,000,000 for fiscal year 1999; and
   
   
   
   "(E) $ 40,000,000 for fiscal year 2000.".
   
   
   
   Subtitle C-Alien Incarceration
   
   
   
   SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
   
   
   
   (a) Incarceration .-Section 242 of the Immigration and Nationality Act
   (8 U.S.C. 1252) is amended by adding at the end the following new
   subsection:
   
   
   
   "(j) Incarceration .-
   
   
   
   "(1) If the chief executive officer of a State (or, if appropriate, a
   political subdivision of the State) exercising authority with respect
   to the incarceration of an undocumented criminal alien submits a
   written request to the Attorney General, the Attorney General shall,
   as determined by the Attorney General-
   
   
   
   "(A) enter into a contractual arrangement which provides for
   compensation to the State or a political subdivision of the State, as
   may be appropriate, with respect to the incarceration of the
   undocumented criminal alien; or
   
   
   
   "(B) take the undocumented criminal alien into the custody of the
   Federal Government and incarcerate the alien.
   
   
   
   "(2) Compensation under paragraph (1)(A) shall be the average cost of
   incarceration of a prisoner in the relevant State as determined by the
   Attorney General.
   
   
   
   "(3) For purposes of this subsection, the term 'undocumented criminal
   alien' means an alien who- [*H8781] "(A) has been convicted of a
   felony and sentenced to a term of imprisonment; and
   
   
   
   "(B)(i) entered the United States without inspection or at any time or
   place other than as designated by the Attorney General;
   
   
   
   "(ii) was the subject of exclusion or deportation proceedings at the
   time he or she was taken into custody by the State or a political
   subdivision of the State; or
   
   
   
   
   
   
   
   "(iii) was admitted as a nonimmigrant and at the time he or she was
   taken into custody by the State or a political subdivision of the
   State has failed to maintain the nonimmigrant status in which the
   alien was admitted or to which it was changed under section 248, or to
   comply with the conditions of any such status.
   
   
   
   "(4)(A) In carrying out paragraph (1), the Attorney General shall give
   priority to the Federal incarceration of undocumented criminal aliens
   who have committed aggravated felonies.
   
   
   
   "(B) The Attorney General shall ensure that undocumented criminal
   aliens incarcerated in Federal facilities pursuant to this subsection
   are held in facilities which provide a level of security appropriate
   to the crimes for which they were convicted.
   
   
   
   "(5) There are authorized to be appropriated such sums as may be
   necessary to carry out this subsection, of which the following amounts
   may be appropriated from the Violent Crime Reduction Trust Fund:
   
   
   
   "(A) $ 130,000,000 for fiscal year 1995;
   
   
   
   "(B) $ 300,000,000 for fiscal year 1996;
   
   
   
   "(C) $ 330,000,000 for fiscal year 1997;
   
   
   
   "(D) $ 350,000,000 for fiscal year 1998;
   
   
   
   "(E) $ 350,000,000 for fiscal year 1999; and
   
   
   
   "(F) $ 340,000,000 for fiscal year 2000."
   
   
   
   (b) Effective Date .-The amendment made by subsection (a) shall take
   effect October 1, 1994.
   
   
   
   (c) Termination of Limitation .-Notwithstanding section 242(j)(5) of
   the Immigration and Nationality Act, as added by subsection (a), the
   requirements of section 242(j) of the Immigration and Nationality Act,
   as added by subsection (a), shall not be subject to the availability
   of appropriations on and after October 1, 2004.
   
   
   
   Subtitle D-Miscellaneous Provisions SEC. 20401. PRISONER'S PLACE OF
   IMPRISONMENT.
   
   
   
   Paragraph (b) of section 3621 of title 18, United States Code, is
   amended by inserting after subsection (5) the following: "In
   designating the place of imprisonment or making transfers under this
   subsection, there shall be no favoritism given to prisoners of high
   social or economic status.".
   
   
   
   SEC. 20402. PRISON IMPACT ASSESSMENTS.
   
   
   
   (a) In General .-Chapter 303 of title 18, United States Code, is
   amended by adding at the end the following new section:
   
   
   
   
   
   
   
   " 4047. Prison impact assessments
   
   
   
   "(a) Any submission of legislation by the Judicial or Executive branch
   which could increase or decrease the number of persons incarcerated in
   Federal penal institutions shall be accompanied by a prison impact
   statement (as defined in subsection (b)).
   
   
   
   "(b) The Attorney General shall, in consultation with the Sentencing
   Commission and the Administrative Office of the United States Courts,
   prepare and furnish prison impact assessments under subsection (c) of
   this section, and in response to requests from Congress for
   information relating to a pending measure or matter that might affect
   the number of defendants processed through the Federal criminal
   justice system. A prison impact assessment on pending legislation must
   be supplied within 21 days of any request. A prison impact assessment
   shall include-
   
   
   
   "(1) projections of the impact on prison, probation, and post prison
   supervision populations;
   
   
   
   "(2) an estimate of the fiscal impact of such population changes on
   Federal expenditures, including those for construction and operation
   of correctional facilities for the current fiscal year and 5
   succeeding fiscal years;
   
   
   
   "(3) an analysis of any other significant factor affecting the cost of
   the measure and its impact on the operations of components of the
   criminal justice system; and
   
   
   
   "(4) a statement of the methodologies and assumptions utilized in
   preparing the assessment.
   
   
   
   "(c) The Attorney General shall prepare and transmit to the Congress,
   by March 1 of each year, a prison impact assessment reflecting the
   cumulative effect of all relevant changes in the law taking effect
   during the preceding calendar year.".
   
   
   
   (b) Technical Amendment .-The chapter analysis for chapter 303 is
   amended by adding at the end the following new item:
   
   
   
   "4047. Prison impact assessments.".
   
   
   
   SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF
   IMPRISONMENT, RELEASE, AND PROBATION.
   
   
   
   (a) Imposition of Sentence .-Section 3572(a) of title 18, United
   States Code, is amended-
   
   
   
   (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8),
   respectively; and
   
   
   
   (2) by inserting after paragraph (5) the following new paragraph:
   
   
   
   "(6) the expected costs to the government of any imprisonment,
   supervised release, or probation component of the sentence;".
   
   
   
   (b) Duties of the Sentencing Commission .-Section 994 of title 28,
   United States Code, is amended by adding at the end the following new
   subsection:
   
   
   
   "(y) The Commission, in promulgating guidelines pursuant to subsection
   (a)(1), may include, as a component of a fine, the expected costs to
   the Government of any imprisonment, supervised release, or probation
   sentence that is ordered.".
   
   
   
   SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
   
   
   
   In the case of a prisoner convicted of an offense committed prior to
   November 1, 1987, the reference to supervised release in section
   4042(b) of title 18, United States Code, shall be deemed to be a
   reference to probation or parole.
   
   
   
   SEC. 20405. CREDITING OF "GOOD TIME".
   
   
   
   Section 3624 of title 18, United States Code, is amended-
   
   
   
   (1) by striking "he" each place it appears and inserting "the
   prisoner";
   
   
   
   (2) by striking "his" each place it appears and inserting "the
   prisoner's";
   
   
   
   (3) in subsection (d) by striking "him" and inserting "the prisoner";
   and
   
   
   
   (4) in subsection (b)-
   
   
   
   (A) in the first sentence by inserting "(other than a prisoner serving
   a sentence for a crime of violence)" after "A prisoner"; and
   
   
   
   (B) by inserting after the first sentence the following: "A prisoner
   who is serving a term of imprisonment of more than 1 year for a crime
   of violence, other than a term of imprisonment for the duration of the
   prisoner's life, may receive credit toward the service of the
   prisoner's sentence, beyond the time served, of up to 54 days at the
   end of each year of the prisoner's term of imprisonment, beginning at
   the end of the first year of the term, subject to determination by the
   Bureau of Prisons that, during that year, the prisoner has displayed
   exemplary compliance with such institutional disciplinary
   regulations.".
   
   
   
   SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND
   TECHNIQUES.
   
   
   
   (a) Task Force .-The Director of the National Institute of Corrections
   shall, subject to availability of appropriations, establish a task
   force composed of Federal, State, and local officials expert in prison
   construction, and of at least an equal number of engineers,
   architects, and construction experts from the private sector with
   expertise in prison design and construction, including the use of
   cost-cutting construction standardization techniques and cost-cutting
   new building materials and technologies.
   
   
   
   (b) Cooperation .-The task force shall work in close cooperation and
   communication with other State and local officials responsible for
   prison construction in their localities.
   
   
   
   (c) Performance Requirements .-The task force shall work to-
   
   
   
   
   
   
   
   (1) establish and recommend standardized construction plans and
   techniques for prison and prison component construction; and
   
   
   
   (2) evaluate and recommend new construction technologies, techniques,
   and materials,
   
   
   
   to reduce prison construction costs at the Federal, State, and local
   levels and make such construction more efficient.
   
   
   
   (d) Dissemination .-The task force shall disseminate information
   described in subsection (c) to State and local officials involved in
   prison construction, through written reports and meetings.
   
   
   
   (e) Promotion and Evaluation .-The task force shall-
   
   
   
   (1) work to promote the implementation of cost-saving efforts at the
   Federal, State, and local levels;
   
   
   
   (2) evaluate and advise on the results and effectiveness of such
   cost-saving efforts as adopted, broadly disseminating information on
   the results; and
   
   
   
   (3) to the extent feasible, certify the effectiveness of the
   cost-savings efforts.
   
   
   
   SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
   
   
   
   (a) In General .-In the administration of each grant program funded by
   appropriations authorized by this Act or by an amendment made by this
   Act, the Attorney General shall encourage-
   
   
   
   (1) innovative methods for the low-cost construction of facilities to
   be constructed, converted, or expanded and the low-cost operation of
   such facilities and the reduction of administrative costs and overhead
   expenses; and
   
   
   
   (2) the use of surplus Federal property.
   
   
   
   (b) Assessment of Construction Components and Designs .-The Attorney
   General may make an assessment of the cost efficiency and utility of
   using modular, prefabricated, precast, and pre-engineered construction
   components and designs for housing nonviolent criminals.
   
   
   
   SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT
   AND THE NATIONAL LITERACY ACT OF 1991.
   
   
   
   (a) Technical Amendment .-The matter preceding paragraph (1) of
   section 214(d) of the Department of Education Organization Act (20
   U.S.C. 3423a(d)) is amended by striking "under subsection (a)" and
   inserting "under subsection (c)".
   
   
   
   (b) Establishment of a Panel and Use of Funds .-Section 601 of the
   National Literacy Act of 1991 (20 U.S.C. 1211-2) is amended-
   
   
   
   (1) by redesignating subsection (g) as subsection (i); and
   
   
   
   (2) by inserting after subsection (f) the following new subsections:
   
   
   
   
   
   
   
   "(g) Panel .-The Secretary is authorized to consult with and convene a
   panel of experts in correctional education, including program
   administrators and field-based professionals in adult corrections,
   juvenile services, jails, and community corrections programs, to-
   
   
   
   "(1) develop measures for evaluating the effectiveness of the programs
   funded under this section; and
   
   
   
   "(2) evaluate the effectiveness of such programs.
   
   
   
   "(h) Use of Funds .-Notwithstanding any other provision of law, the
   Secretary may use not more than five percent of funds appropriated
   under subsection (i) in any fiscal year to carry out grant-related
   activities such as monitoring, technical assistance, and replication
   and dissemination.".
   
   
   
   SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
   
   
   
   (a) Amendment of Title 18, United States Code .-Subchapter C of
   chapter 229 of part 2 of [*H8782] title 18, United States Code, is
   amended by adding at the end the following new section:
   
   
   
   " 3626. Appropriate remedies with respect to prison crowding
   
   
   
   "(a) Requirement of Showing With Respect to the Plaintiff in
   Particular .-
   
   
   
   "(1) Holding .-A Federal court shall not hold prison or jail crowding
   unconstitutional under the eighth amendment except to the extent that
   an individual plaintiff inmate proves that the crowding causes the
   infliction of cruel and unusual punishment of that inmate.
   
   
   
   "(2) Relief .-The relief in a case described in paragraph (1) shall
   extend no further than necessary to remove the conditions that are
   causing the cruel and unusual punishment of the plaintiff inmate.
   
   
   
   "(b) Inmate Population Ceilings .-
   
   
   
   "(1) Requirement of showing with respect to particular prisoners .-A
   Federal court shall not place a ceiling on the inmate population of
   any Federal, State, or local detention facility as an equitable
   remedial measure for conditions that violate the eighth amendment
   unless crowding is inflicting cruel and unusual punishment on
   particular identified prisoners.
   
   
   
   "(2) Rule of construction .-Paragraph (1) shall not be construed to
   have any effect on Federal judicial power to issue equitable relief
   other than that described in paragraph (1), including the requirement
   of improved medical or health care and the imposition of civil
   contempt fines or damages, where such relief is appropriate.
   
   
   
   "(c) Periodic Reopening .-Each Federal court order or consent decree
   seeking to remedy an eighth amendment violation shall be reopened at
   the behest of a defendant for recommended modification at a minimum of
   2-year intervals.".
   
   
   
   (b) Application of Amendment .-Section 3626 of title 18, United States
   Code, as added by paragraph (1), shall apply to all outstanding court
   orders on the date of enactment of this Act. Any State or municipality
   shall be entitled to
   
   
   
   seek modification of any outstanding eighth amendment decree pursuant
   to that section.
   
   
   
   (c) Technical Amendment .-The subchapter analysis for subchapter C of
   chapter 229 of title 18, United States Code, is amended by adding at
   the end the following new item:
   
   
   
   "3626. Appropriate remedies with respect to prison crowding.".
   
   
   
   (d) Sunset Provision .-This section and the amendments made by this
   section are repealed effective as of the date that is 5 years after
   the date of enactment of this Act.
   
   
   
   SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND
   CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
   
   
   
   (a) Congressional Approval .-Notwithstanding any other provision of
   law, the existing prison facilities and complex at the District of
   Columbia Corrections Facility at Lorton, Virginia, shall not be
   expanded unless such expansion has been approved by the Congress under
   the authority provided to Congress in section 446 of the District of
   Columbia Self-Government and Governmental Reorganization Act.
   
   
   
   (b) Senate Hearings .-The Senate directs the Subcommittee on the
   District of Columbia of the Committee on Appropriations of the Senate
   to conduct hearings regarding expansion of the prison complex in
   Lorton, Virginia, prior to any approval granted pursuant to subsection
   (a). The subcommittee shall permit interested parties, including
   appropriate officials from the County of Fairfax, Virginia, to testify
   at such hearings.
   
   
   
   (c) Definition .-For purposes of this section, the terms "expanded"
   and "expansion" mean any alteration of the physical structure of the
   prison complex that is made to increase the number of inmates
   incarcerated at the prison.
   
   
   
   SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
   
   
   
   (a) In General .-Section 401(b)(8) of the Higher Education Act of 1965
   (20 U.S.C. 1070a(b)(8)) is amended to read as follows:
   
   
   
   "(8) No basic grant shall be awarded under this subpart to any
   individual who is incarcerated in any Federal or State penal
   institution.".
   
   
   
   (b) Application of Amendment .-The amendment made by this section
   shall apply with respect to periods of enrollment beginning on or
   after the date of enactment of this Act.
   
   
   
   SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.
   
   
   
   Section 3624(b) of title 18, United States Code, is amended-
   
   
   
   (1) by inserting "(1)" after "behavior.-";
   
   
   
   (2) by striking "Such credit toward service of sentence vests at the
   time that it is received. Credit that has vested may not later be
   withdrawn, and credit that has not been earned may not later be
   granted." and inserting "Credit
   
   
   
   that has not been earned may not later be granted."; and
   
   
   
   (3) by adding at the end the following:
   
   
   
   "(2) Credit toward a prisoner's service of sentence shall not be
   vested unless the prisoner has earned or is making satisfactory
   progress toward a high school diploma or an equivalent degree.
   
   
   
   "(3) The Attorney General shall ensure that the Bureau of Prisons has
   in effect an optional General Educational Development program for
   inmates who have not earned a high school diploma or its equivalent.
   
   
   
   "(4) Exemptions to the General Educational Development requirement may
   be made as deemed appropriate by the Director of the Federal Bureau of
   Prisons.".
   
   
   
   SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO FEDERAL
   PRISON FACILITIES.
   
   
   
   (a) Study of Suitable Bases .-The Secretary of Defense and the
   Attorney General shall jointly conduct a study of all military
   installations selected before the date of enactment of this Act to be
   closed pursuant to a base closure law for the purpose of evaluating
   the suitability of any of these installations, or portions of these
   installations, for conversion into Federal prison facilities. As part
   of the study, the Secretary and the Attorney General shall identify
   the military installations so evaluated that are most suitable for
   conversion into Federal prison facilities.
   
   
   
   (b) Suitability for Conversion .-In evaluating the suitability of a
   military installation for conversion into a Federal prison facility,
   the Secretary of Defense and the Attorney General shall consider the
   estimated cost to convert the installation into a prison facility and
   such other factors as the Secretary and the Attorney General consider
   to be appropriate.
   
   
   
   (c) Time for Study .-The study required by subsection (a) shall be
   completed not later than the date that is 180 days after the date of
   enactment of this Act.
   
   
   
   (d) Construction of Federal Prisons .-
   
   
   
   (1) In general .-In determining where to locate any new Federal prison
   facility, and in accordance with the Department of Justice's duty to
   review and identify a use for any portion of an installation closed
   pursuant to title II of the Defense Authorization Amendments and Base
   Closure and Realignment Act (Public Law 100-526) and the Defense Base
   Closure and Realignment Act of 1990 (part A of title XXIX of Public
   Law 101-510), the Attorney General shall-
   
   
   
   (A) consider whether using any portion of a military installation
   closed or scheduled to be closed in the region pursuant to a base
   closure law provides a cost-effective alternative to the purchase of
   real property or construction of new prison facilities;
   
   
   
   (B) consider whether such use is consistent with a reutilization and
   redevelopment plan; and
   
   
   
   
   
   
   
   (C) give consideration to any installation located in a rural area the
   closure of which will have a substantial adverse impact on the economy
   of the local communities and on the ability of the communities to
   sustain an economic recovery from such closure.
   
   
   
   (2) Consent .-With regard to paragraph (1)(B), consent must be
   obtained from the local re-use authority for the military
   installation, recognized and funded by the Secretary of Defense,
   before the Attorney General may proceed with plans for the design or
   construction of a prison at the installation.
   
   
   
   (3) Report on basis of decision .-Before proceeding with plans for the
   design or construction of a Federal prison, the Attorney General shall
   submit to Congress a report explaining the basis of the decision on
   where to locate the new prison facility.
   
   
   
   (4) Report on cost-effectiveness .-If the Attorney General decides not
   to utilize any portion of a closed military installation or an
   installation scheduled to be closed for locating a prison, the report
   shall include an analysis of why installations in the region, the use
   of which as a prison would be consistent with a reutilization and
   redevelopment plan, does not provide a cost-effective alternative to
   the purchase of real property or construction of new prison
   facilities.
   
   
   
   (e) Definition .-In this section, "base closure law" means-
   
   
   
   (1) the Defense Base Closure and Realignment Act of 1990 (part A of
   title XXIX of Public Law 101- 510; 10 U.S.C. 2687 note); and
   
   
   
   (2) title II of the Defense Authorization Amendments and Base Closure
   and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
   
   
   
   SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING-FEDERAL OFFENDERS.
   
   
   
   (a) Drug Testing Program .-
   
   
   
   (1) In general .-Subchapter A of chapter 229 of title 18, United
   States Code, is amended by adding at the end the following new
   section:
   
   
   
   " 3608. Drug testing of Federal offenders on post-conviction release
   
   
   
   "The Director of the Administrative Office of the United States
   Courts, in consultation with the Attorney General and the Secretary of
   Health and Human Services, shall, subject to the availability of
   appropriations, establish a program of drug testing of Federal
   offenders on post-conviction release. The program shall include such
   standards and guidelines as the Director may determine necessary to
   ensure the reliability and accuracy of the drug testing programs. In
   each judicial district the chief probation officer shall arrange for
   the drug testing of defendants on post-conviction release pursuant to
   a conviction for a felony or other offense described in section
   3563(a)(4).".
   
   
   
   (2) Technical amendment .-The subchapter analysis for subchapter A of
   chapter 229 of title 18, United States Code, is amended by adding at
   the end the following new item:
   
   
   
   
   
   
   
   "3608. Drug testing of Federal offenders on post-conviction release.".
   
   
   
   
   (b) Conditions of Probation .-Section 3563(a) of title 18, United
   States Code, is amended-
   
   
   
   (1) in paragraph (2) by striking "and" after the semicolon;
   
   
   
   (2) in paragraph (3) by striking the period and inserting "; and";
   
   
   
   (3) by adding at the end the following new paragraph:
   
   
   
   "(4) for a felony, a misdemeanor, or an infraction, that the defendant
   refrain from any unlawful use of a controlled substance and submit to
   one drug test within 15 days of release on probation and at least 2
   periodic drug tests thereafter (as determined by the court) for use of
   a controlled substance, but the condition stated in this paragraph may
   be ameliorated or suspended by the court for any individual defendant
   if the defendant's presentence report or other reliable sentencing
   information indicates a low risk of future substance abuse by the
   defendant."; and
   
   
   
   (4) by adding at the end the following: "The results of a drug test
   [*H8783] administered in accordance with paragraph (4) shall be
   subject to confirmation only if the results are positive, the
   defendant is subject to possible imprisonment for such failure, and
   either the defendant denies the accuracy of such test or there is some
   other reason to question the results of the test. A defendant who
   tests positive may be detained pending verification of a positive drug
   test result. A drug test confirmation shall be a urine drug test
   confirmed using gas chromatography/mass spectrometry techniques or
   such test as the Director of the Administrative Office of the United
   States Courts after consultation with the Secretary of Health and
   Human Services may determine to be of equivalent accuracy. The court
   shall consider whether the availability of appropriate substance abuse
   treatment programs, or an individual's current or past participation
   in such programs, warrants an exception in accordance with United
   States Sentencing Commission guidelines from the rule of section
   3565(b), when considering any action against a defendant who fails a
   drug test administered in accordance with paragraph (4).".
   
   
   
   (c) Conditions of Supervised Release .-Section 3583(d) of title 18,
   United States Code, is amended by inserting after the first sentence
   the following: "The court shall also order, as an explicit condition
   of supervised release, that the defendant refrain from any unlawful
   use of a controlled substance and submit to a drug test within 15 days
   of release on supervised release and at least 2 periodic drug tests
   thereafter (as determined by the court) for use of a controlled
   substance. The condition stated in the preceding sentence may be
   ameliorated or suspended by the court as provided in section
   3563(a)(4). The results of a drug test administered in accordance with
   the preceding subsection shall be subject to confirmation only if the
   results are positive, the defendant is subject to possible
   imprisonment for such failure, and either the defendant denies the
   accuracy of such test or there is some other reason to question the
   results of the test. A drug test confirmation shall be a urine drug
   test confirmed using gas chromatography/mass spectrometry techniques
   or such test as the Director of the Administrative Office of the
   United States Courts after consultation with the Secretary of Health
   and Human Services may determine to be of equivalent accuracy. The
   court shall consider whether the availability of appropriate substance
   abuse treatment programs, or an individual's current or
   
   
   
   past participation in such programs, warrants an exception in
   accordance with United States Sentencing Commission guidelines from
   the rule of section 3583(g) when considering any action against a
   defendant who fails a drug test.".
   
   
   
   (d) Conditions of Parole .-Section 4209(a) of title 18, United States
   Code, is amended by inserting after the first sentence the following:
   "In every case, the Commission shall also impose as a condition of
   parole that the parolee pass a drug test prior to release and refrain
   from any unlawful use of a controlled substance and submit to at least
   2 periodic drug tests (as determined by the Commission) for use of a
   controlled substance. The condition stated in the preceding sentence
   may be ameliorated or suspended by the Commission for any individual
   parolee if it determines that there is good cause for doing so. The
   results of a drug test administered in accordance with the provisions
   of the preceding sentence shall be subject to confirmation only if the
   results are positive, the defendant is subject to possible
   imprisonment for such failure, and either the defendant denies the
   accuracy of such test or there is some other reason to question the
   results of the test. A drug test confirmation shall be a urine drug
   test confirmed using gas chromatography/mass spectrometry techniques
   or such test as the Director of the Administrative Office of the
   United States Courts after consultation with the Secretary of Health
   and Human Services may determine to be of equivalent accuracy. The
   Commission shall consider whether the availability of appropriate
   substance abuse treatment programs, or an individual's current or past
   participation in such programs, warrants an exception in accordance
   with United States Sentencing Commission guidelines from the rule of
   section 4214(f) when considering any action against a defendant who
   fails a drug test.".
   
   
   
   SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT CLERKS.
   
   
   
   (a) In General .-Section 6050I of the Internal Revenue Code of 1986
   (relating to returns relating to cash received in trade or business)
   is amended by adding at the end the following new subsection:
   
   
   
   "(g) Cash Received by Criminal Court Clerks .-
   
   
   
   "(1) In general .-Every clerk of a Federal or State criminal court who
   receives more than $ 10,000 in cash as bail for any individual charged
   with a specified criminal offense shall make a return described in
   paragraph (2) (at such time as the Secretary may by regulations
   prescribe) with respect to the receipt of such bail.
   
   
   
   "(2) Return .-A return is described in this paragraph if such return-
   
   
   
   "(A) is in such form as the Secretary may prescribe, and
   
   
   
   "(B) contains-
   
   
   
   "(i) the name, address, and TIN of-
   
   
   
   "(I) the individual charged with the specified criminal offense, and
   
   
   
   "(II) each person posting the bail (other than a person licensed as a
   bail bondsman),
   
   
   
   
   
   
   
   "(ii) the amount of cash received,
   
   
   
   "(iii) the date the cash was received, and
   
   
   
   "(iv) such other information as the Secretary may prescribe.
   
   
   
   "(3) Specified criminal offense .-For purposes of this subsection, the
   term 'specified criminal offense' means-
   
   
   
   "(A) any Federal criminal offense involving a controlled substance,
   
   
   
   "(B) racketeering (as defined in section 1951, 1952, or 1955 of title
   18, United States Code),
   
   
   
   "(C) money laundering (as defined in section 1956 or 1957 of such
   title), and
   
   
   
   "(D) any State criminal offense substantially similar to an offense
   described in subparagraph (A), (B), or (C).
   
   
   
   "(4) Information to federal prosecutors .-Each clerk required to
   include on a return under paragraph (1) the information described in
   paragraph (2)(B) with respect to an individual described in paragraph
   (2)(B)(i)(I) shall furnish (at such time as the Secretary may by
   regulations prescribe) a written statement showing such information to
   the United States Attorney for the jurisdiction in which such
   individual resides and the jurisdiction in which the specified
   criminal offense occurred.
   
   
   
   "(5) Information to payors of bail .-Each clerk required to make a
   return under paragraph (1) shall furnish (at such time as the
   Secretary may by regulations prescribe) to each person whose name is
   required to be set forth in such return by reason of paragraph
   (2)(B)(i)(II) a written statement showing-
   
   
   
   "(A) the name and address of the clerk's office required to make the
   return, and
   
   
   
   "(B) the aggregate amount of cash described in paragraph (1) received
   by such clerk.".
   
   
   
   (b) Conforming Amendments .- (1) Clause (iv) of section 6724(d)(1)(B)
   of the Internal Revenue Code of 1986 is amended to read as follows:
   
   
   
   "(iv) section 6050I (a) or (g)(1) (relating to cash received in trade
   or business, etc.),".
   
   
   
   (2) Subparagraph (K) of section 6724(d)(2) of the Internal Revenue
   Code of 1986 is amended to read as follows:
   
   
   
   "(K) section 6050I(e) or paragraph (4) or (5) of section 6050I(g)
   (relating to cash received in trade or business, etc.),".
   
   
   
   (3) The heading for section 6050I of the Internal Revenue Code of 1986
   is amended by striking "
   
   
   
   
   
   
   
   BUSINESS " and inserting "
   
   
   
   BUSINESS, ETC .".
   
   
   
   (4) The table of sections for subpart B of part III of subchapter A of
   chapter A of chapter 61 of the Internal Revenue Code of 1986 is
   amended by striking "business" and inserting "business, etc." in the
   item relating to section 6050I.
   
   
   
   (c) Regulations .-The Secretary of the Treasury or the Secretary's
   delegate shall prescribe temporary regulations under the amendments
   made by this section within 90 days after the date of enactment of
   this Act.
   
   
   
   (d) Effective Date .-The amendments made by this section shall take
   effect on the 60th day after the date on which the temporary
   regulations are prescribed under subsection (c).
   
   
   
   SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.
   
   
   
   (a) Exhaustion of Administrative Remedies .-Section 7 of the Civil
   Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended-
   
   
   
   (1) in subsection (a)-
   
   
   
   (A) in paragraph (1), by striking "ninety days" and inserting "180
   days"; and
   
   
   
   (B) in paragraph (2), by inserting before the period at the end the
   following: "or are otherwise fair and effective"; and
   
   
   
   (2) in subsection (c)-
   
   
   
   (A) in paragraph (1) by inserting before the period at the end the
   following: "or are otherwise fair and effective"; and
   
   
   
   (B) in paragraph (2) by inserting before the period at the end the
   following: "or is no longer fair and effective".
   
   
   
   (b) Effective Date .-The amendments made by subsection (a) shall take
   effect on the date of enactment of this Act.
   
   
   
   SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.
   
   
   
   Section 4042 of title 18, United States Code, is amended-
   
   
   
   (1) by striking "The Bureau" and inserting "(a) In General .-The
   Bureau"; (2) by striking "This section" and inserting "(c) Application
   of Section .-This section";
   
   
   
   (3) in paragraph (4) of subsection (a), as designated by paragraph
   (1)-
   
   
   
   (A) by striking "Provide" and inserting "provide"; and
   
   
   
   (B) by striking the period at the end and inserting "; and";
   
   
   
   
   
   
   
   (4) by inserting after paragraph (4) of subsection (a), as designated
   by paragraph (1), the following new paragraph:
   
   
   
   "(5) provide notice of release of prisoners in accordance with
   subsection (b)."; and
   
   
   
   (5) by inserting after subsection (a), as designated by paragraph (1),
   the following new subsection:
   
   
   
   "(b) Notice of Release of Prisoners .-(1) At least 5 days prior to the
   date on which a prisoner described in paragraph (3) is to be released
   on supervised release, or, in the case of a prisoner on supervised
   release, at least 5 days prior to the date on which the prisoner
   changes residence to a new jurisdiction, written notice of the release
   or change of residence shall be provided to the chief law enforcement
   officer of the State and of the local jurisdiction in which the
   prisoner will reside. Notice prior to release shall be provided by the
   Director of the Bureau of Prisons. Notice concerning a change of
   residence following release shall be provided by the probation officer
   responsible for the supervision of the released prisoner, or in a
   manner specified by the Director of the Administrative Office of the
   United States Courts. The notice requirements under this subsection do
   not apply in relation to a prisoner being protected under chapter 224.
   
   
   
   
   "(2) A notice under paragraph (1) shall disclose-
   
   
   
   "(A) the prisoner's name;
   
   
   
   "(B) the prisoner's criminal history, including a description of the
   offense of which the prisoner was convicted; and
   
   
   
   "(C) any restrictions on conduct or other conditions to the release of
   the prisoner that are imposed [*H8784] by law, the sentencing court,
   or the Bureau of Prisons or any other Federal agency.
   
   
   
   "(3) A prisoner is described in this paragraph if the prisoner was
   convicted of-
   
   
   
   "(A) a drug trafficking crime, as that term is defined in section
   924(c)(2); or
   
   
   
   "(B) a crime of violence (as defined in section 924(c)(3)).
   
   
   
   "(4) The notice provided under this section shall be used solely for
   law enforcement purposes.".
   
   
   
   SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.
   
   
   
   (a) Purpose .-It is the purpose of this section to encourage and
   support job training programs, and job placement programs, that
   provide services to incarcerated persons or ex-offenders.
   
   
   
   (b) Definitions .-As used in this section:
   
   
   
   (1) Correctional institution .-The term "correctional institution"
   means any prison, jail, reformatory, work farm, detention center, or
   halfway house, or any
   
   
   
   other similar institution designed for the confinement or
   rehabilitation of criminal offenders.
   
   
   
   (2) Correctional job training or placement program .-The term
   "correctional job training or placement program" means an activity
   that provides job training or job placement services to incarcerated
   persons or ex-offenders, or that assists incarcerated persons or
   ex-offenders in obtaining such services.
   
   
   
   (3) Ex-offender .-The term "ex-offender" means any individual who has
   been sentenced to a term of probation by a Federal or State court, or
   who has been released from a Federal, State, or local correctional
   institution.
   
   
   
   (4) Incarcerated person .-The term "incarcerated person" means any
   individual incarcerated in a Federal or State correctional institution
   who is charged with or convicted of any criminal offense.
   
   
   
   (c) Establishment of Office .-
   
   
   
   (1) In general .-The Attorney General shall establish within the
   Department of Justice an Office of Correctional Job Training and
   Placement. The Office shall be headed by a Director, who shall be
   appointed by the Attorney General.
   
   
   
   (2) Timing .-The Attorney General shall carry out this subsection not
   later than 6 months after the date of enactment of this section.
   
   
   
   (d) Functions of Office .-The Attorney General, acting through the
   Director of the Office of Correctional Job Training and Placement, in
   consultation with the Secretary of Labor, shall-
   
   
   
   (1) assist in coordinating the activities of the Federal Bonding
   Program of the Department of Labor, the activities of the Department
   of Labor related to the certification of eligibility for targeted jobs
   credits under section 51 of the Internal Revenue Code of 1986 with
   respect to ex-offenders, and any other correctional job training or
   placement program of the Department of Justice or Department of Labor;
   
   
   
   
   (2) provide technical assistance to State and local employment and
   training agencies that-
   
   
   
   (A) receive financial assistance under this Act; or
   
   
   
   (B) receive financial assistance through other programs carried out by
   the Department of Justice or Department of Labor, for activities
   related to the development of employability;
   
   
   
   (3) prepare and implement the use of special staff training materials,
   and methods, for developing the staff competencies needed by State and
   local agencies to assist incarcerated persons and ex-offenders in
   gaining marketable occupational skills and job placement;
   
   
   
   (4) prepare and submit to Congress an annual report on the activities
   of the Office of Correctional Job Training and Placement, and the
   status of correctional job training or placement programs in the
   United States;
   
   
   
   
   
   
   
   (5) cooperate with other Federal agencies carrying out correctional
   job training or placement programs to ensure coordination of such
   programs throughout the United States;
   
   
   
   (6) consult with, and provide outreach to-
   
   
   
   (A) State job training coordinating councils, administrative entities,
   and private industry councils, with respect to programs carried out
   under this Act; and
   
   
   
   (B) other State and local officials, with respect to other employment
   or training programs carried out by the Department of Justice or
   Department of Labor;
   
   
   
   (7) collect from States information on the training accomplishments
   and employment outcomes of a sample of incarcerated persons and
   ex-offenders who were served by employment or training programs
   carried out, or that receive financial assistance through programs
   carried out, by the Department of Justice or Department of Labor; and
   
   
   
   (8)(A) collect from States and local governments information on the
   development and implementation of correctional job training or
   placement programs; and
   
   
   
   (B) disseminate such information, as appropriate.

