TITLE II--PRISONS Subtitle A--Violent Offender Incarceration and Truth in Sentencing Incentive Grants SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES. (a) Grant Authorization.--The Attorney General may make grants to individual States and to States organized as multi- State compacts to 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 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. ``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-- ``(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: ``Sec. 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 title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 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: ``Sec. 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 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 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.