PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1823 (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 i 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.
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