I

103D CONGRESS

2D SESSION H. R. 3315

To prevent crime and to reform the criminal justice system to make it

more fair.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 19, 1993

Mr. WASHINGTON (for himself, Mr. EDWARDS of California, Mr. CONYERS,

Mr. SCOTT, Mr. WATT, Mr. TUCKER, Mr. RANGEL, Mr. PAYNE of New

Jersey, Mrs. SCHROEDER, Mr. BECERRA, Mr. MFUME, Mr. SERRANO,

Mr. HASTINGS, Mr. UNDERWOOD, Ms. NORTON, Ms. VELA ́ZQUEZ, Mr.

RUSH, Ms. WATERS, Ms. BROWN of Florida, Mr. WYNN, Ms. ROYBALALLARD, Mr. STARK, Mr. REYNOLDS, and Mr. THOMPSON) introduced

the following bill; which was referred jointly to the Committees on the

Judiciary and Ways and Means

MARCH 7, 1994

Additional sponsors: Mrs. MEEK, Mr. STOKES, Mr. JEFFERSON, Mr. CLAY,

Mr. DELLUMS, Mr. MCDERMOTT, and Mr. LEWIS of Georgia

A BILL

To prevent crime and to reform the criminal justice system

to make it more fair.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Crime Prevention and

5 Criminal Justice Reform Act ’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) the current national crime and drug strat4 egy is failing;

5 (2) one of the main failings of the policies of

6 the past has been that too few resources are directed

7 at the root of the problem before the tragedy of

8 crime and violence occurs;

9 (3) law enforcement bears an unfair and dis10 proportionate share of the burden of addressing the

11 problems caused by failings in our system of health

12 in the prevention and treatment of drug and alcohol

13 abuse and prevention and inadequate support sys14 tems for our families, and in particular at-risk youth

15 and children;

16 (4) law enforcement has been forced to bear

17 this unfair burden without adequate resources, train18 ing, and equipment to help them provide directly for

19 the safety of persons and property;

20 (5) personal responsibility for criminal conduct

21 is a central element of the concept of ordered liberty,

22 and personal responsibility includes the obligation of

23 offenders to change their lives through treatment

24 and education so they can contribute to their fami25 lies and communities;
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1 (6) many measures included in what is usually

2 called a crime bill (more death penalties, more Fed3 eral crimes, longer prison sentences) do nothing to

4 reduce crime and polarize and shift the focus and re5 sources away from strategies that have proven to be

6 more effective in addressing crime and violence;

7 (7) law enforcement professionals agree that

8 the solutions to the Nation’s crime and drug prob9 lems will be found in crime prevention measures that

10 include drug treatment, early childhood intervention

11 programs, full funding for Head Start programs and

12 the Women Infants and Children Program, rehabili13 tation and alternatives to incarceration, community

14 policing, and family support programs, as well as in

15 programs to rebuild communities through education,

16 employment, and housing;

17 (8) crime is an all encompassing problem and

18 solving the problem necessitates a multi-disciplinary

19 approach, including safe and drug free schools for

20 children to get the most out of their learning envi21 ronment, reduction and prevention of the incidence

22 of crime among youth through grant programs that

23 encourage counseling, prevention, intervention, and

24 the rehabilitation of youth offenders, and reduction
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1 in the incidence of child abuse through education,

2 prevention, and counseling;

3 (9) there is a sense of distrust and a wide4 spread perception in many communities, particularly

5 among people of color, that the criminal justice sys6 tem values victims differently and is at times fun7 damentally unfair to criminal defendants of color;

8 (10) the perception and reality of racial bias in

9 the workings of the criminal justice system is deeply

10 corrosive of one of the most important institutions

11 in our society and the perception of unfairness robs

12 the criminal justice system of the respect and credi13 bility it must have to achieve its goal of keeping the

14 public safe and maintaining law and order;

15 (11) reform of the criminal justice system is

16 necessary to restore the credibility and respect that

17 have been undermined by racism, excessive and dis18 proportionate prison sentences, abusive police prac19 tices and civil forfeiture practices;

20 (12) a highly trained professional police force

21 sensitive to the needs of all members of the commu22 nity is essential in returning respect to law enforce23 ment personnel;

24 (13) solutions to the crime and drug problem

25 cannot be found at the Federal level and the Federal
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1 Government should facilitate and encourage commu2 nity efforts to fight crime;

3 (14) incentives for local communities to start

4 community empowerment programs will make their

5 communities safer; and

6 (15) victims of violent crime have specific

7 needs, including counseling and restitution and too

8 few resources have been directed toward the support

9 and encouragement of the victims and survivors of

10 violent crime.

11 TITLE I—STRATEGIES TO ASSIST

12 STATE AND LOCAL GOVERN13 MENTS IN PROVIDING AN IM14 MEDIATE RESPONSE TO

15 CRIME

16 Subtitle A—Grants to Combat

17 Violent Crimes

18 SEC. 101. GRANTS TO COMBAT VIOLENT CRIMES.

19 (a) IN GENERAL.—Title I of the Omnibus Crime

20 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

21 et seq.) is amended by—

22 (1) redesignating part Q as part R;

23 (2) redesignating section 1701 as section 1801;

24 and

25 (3) adding after part P the following new part:
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1 ‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES

2 ‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.

3 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

4 this part is to assist States and other eligible entities to

5 develop effective law enforcement and prosecution strate6 gies to combat violent crimes. Programs should place a

7 particular emphasis on combating violent crimes against

8 women and people of color, crimes which historically have

9 not received adequate attention.

10 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

11 USED.—Grants under this part shall provide additional

12 personnel, training, technical assistance, data collection

13 and other equipment for the more widespread apprehen14 sion, prosecution, and adjudication of persons committing

15 violent crimes and specifically for the purposes of—

16 ‘‘(1) training law enforcement officers and pros17 ecutors to identify and respond more effectively to

18 violent crimes, including crimes of sexual assault

19 and domestic violence;

20 ‘‘(2) developing, training, or expanding units of

21 law enforcement officers and prosecutors that spe22 cifically target violent crimes, including the crimes of

23 sexual assault and domestic violence;

24 ‘‘(3) developing and implementing police and

25 prosecution policies, protocols, or orders specifically

26 devoted to the identification of and response to vio-
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1 lent crimes against women, including the crimes of

2 sexual assault and domestic violence;

3 ‘‘(4) developing, installing, or expanding data

4 collection systems, including computerized systems,

5 linking police, prosecutors, and courts or identifying

6 and tracking arrests, protection orders, prosecutions,

7 and convictions for the crimes of sexual assault and

8 domestic violence; and

9 ‘‘(5) developing, enlarging, or strengthening vic10 tim services programs, including sexual assault and

11 domestic violence programs, to increase reporting

12 and reduce attrition rates for cases involving violent

13 crimes against women, including crimes of sexual as14 sault and domestic violence.

15 ‘‘SEC. 1702. STATE GRANTS.

16 ‘‘(a) GENERAL GRANTS.—The Director is authorized

17 to make grants to States, for use by States, units of local

18 government in the States, and nonprofit nongovernmental

19 victim services programs in the States, for the purposes

20 outlined in section 1701(b), and to reduce the rate of vio21 lent crimes against women.

22 ‘‘(b) APPLICATION REQUIREMENTS.—Applications

23 shall include—
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1 ‘‘(1) documentation from prosecution, law en2 forcement, and victim services programs to be as3 sisted that demonstrates—

4 ‘‘(A) the need for grant funds;

5 ‘‘(B) the intended use of grant funds; and

6 ‘‘(C) the expected results; and

7 ‘‘(2) proof that grantees are paying the full cost

8 of forensic medical exams for victims of sexual as9 sault.

10 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

11 subsection (b), any State shall be eligible for funds pro12 vided under this part by—

13 ‘‘(1) certifying that funds received under this

14 part shall be used to reduce the rate of violent

15 crimes with special emphasis on violent crimes

16 against women and for the purposes outlined in sec17 tion 1701(b);

18 ‘‘(2) certifying that grantees and subgrantees

19 shall develop a plan, implement such plan, and oth20 erwise consult and coordinate with nonprofit non21 governmental domestic violence and sexual assault

22 victim services programs, law enforcement officials,

23 victim advocates, prosecutors, and defense attorneys;

24 ‘‘(3) providing documentation from the individ25 uals and groups listed under paragraph (2) regard-
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1 ing their participation in development of a plan and

2 involvement in the application process, as well as

3 how these individuals and groups will be involved in

4 implementation of the plan;

5 ‘‘(4) providing assurances that the plan devel6 oped under paragraph (2) shall meet the needs of

7 racial, cultural, ethnic, and language minority popu8 lations in the community to be served by such plan;

9 ‘‘(5) providing assurances that prosecution, law

10 enforcement, and nonprofit nongovernmental serv11 ices for victims shall each receive not less than 25

12 percent of any funds received under this part; and

13 ‘‘(6) providing assurances that any Federal

14 funds received under this part shall be used to sup15 plement, not supplant, non-Federal funds that would

16 otherwise be available for activities funded under

17 this part.

18 ‘‘(d) DISBURSEMENT OF FUNDS.—

19 ‘‘(1) IN GENERAL.—Not later than 60 days

20 after the receipt of an application under this part,

21 the Director shall either disburse the appropriate

22 sums provided for under this subpart or shall inform

23 the applicant regarding why the application does not

24 conform to the requirements of this section.
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1 ‘‘(2) RESPONSIBILITY OF DIRECTOR.—In dis2 bursing funds under this part, the Director shall

3 issue regulations—

4 ‘‘(A) to distribute funds equitably on a ge5 ographic basis, including nonurban and rural

6 areas of varying geographic size; and

7 ‘‘(B) give priority to areas of varying geo8 graphic size with the greatest showing of need

9 in the population and geographic area to be

10 served in relation to the availability of such pro11 grams in other such populations and geographic

12 areas.

13 ‘‘(e) GRANTEE REPORTING.—Upon completion of the

14 grant period under this part, the State grantee shall file

15 a performance report with the Director explaining the ac16 tivities carried out together with an assessment of the ef17 fectiveness of such activities in achieving the purposes of

18 this part.

19 ‘‘(f) SUSPENSION OF FUNDING.—The Director shall

20 suspend funding for an approved application if—

21 ‘‘(1) an applicant fails to submit an annual per22 formance report; or

23 ‘‘(2) funds provided under this part are ex24 pended for purposes other than those set forth under

25 this part.
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1 ‘‘SEC. 1703. GENERAL GRANTS TO TRIBES.

2 ‘‘(a) GENERAL GRANTS.—The Director is authorized

3 to make grants to Indian tribes, for use by tribes, tribal

4 organizations or nonprofit, nongovernmental domestic vio5 lence and sexual assault victim services programs on In6 dian reservations, for the purposes outlined in section

7 1701(b), and to reduce the rate of violent crimes, includ8 ing violent crimes against women in Indian country.

9 ‘‘(b) AMOUNTS.—From amounts appropriated, the

10 amount of grants under subsection (a) shall be awarded

11 on a competitive basis to tribes, with minimum grants of

12 $35,000 and maximum grants of $300,000.

13 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

14 subsection (d), any tribe shall be qualified for funds pro15 vided under this part upon certification that the funds

16 shall be used to reduce the rate of violent crimes against

17 women and for the purposes outlined in section 1701(b).

18 ‘‘(d) APPLICATION REQUIREMENTS.—

19 ‘‘(1) IN GENERAL.—Applications shall be made

20 directly to the Director and shall contain a descrip21 tion of the tribes’ law enforcement responsibilities

22 for the Indian country described in the application

23 and a description of the tribes’ system of courts, in24 cluding whether the tribal government operates

25 courts of Indian offenses as defined in section 201

26 of title II of Public Law 90–284 (25 U.S.C. 1301)
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1 or Code of Federal Regulation courts under 25 CFR

2 11 et seq.

3 ‘‘(2) CONTENT.—Applications shall be in such

4 form as the Director may reasonably require and

5 shall specify the nature of the program proposed by

6 the applicant tribe, the data and information on

7 which the program is based, and the plans to use or

8 incorporate existing domestic violence and sexual as9 sault services available in the Indian country where

10 the grant will be used.

11 ‘‘(3) TERM OF GRANT.—The term of any grant

12 shall be for a period of not less than 3 years.

13 ‘‘(e) GRANTEE REPORTING.—At the end of the first

14 12 months of the grant period and at the end of each sub15 sequent year, the Indian tribe grantee shall file a perform16 ance report with the Director explaining the activities car17 ried out together with an assessment of the effectiveness

18 of such activities in achieving the purposes of this part.

19 The Director shall not disperse additional funds if an ap20 plicant fails to submit an annual performance report.

21 ‘‘(f) DEFINITIONS.—For purposes of this section—

22 ‘‘(1) the term ‘Indian tribe’ means any Indian

23 tribe, band, nation, or other organized group or com24 munity, including any Alaska Native village or re25 gional or village corporation (as defined in, or estab-
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1 lished pursuant to, the Alaska Native Claims Settle2 ment Act (43 U.S.C. 1601, et seq.)), which is recog3 nized as eligible for the special services provided by

4 the United States to Indians because of their status

5 as Indians; and

6 ‘‘(2) the term ‘Indian country’ has the meaning

7 given to such term by section 1151 of title 18, Unit8 ed States Code.

9 ‘‘SEC. 1704. GENERAL DEFINITIONS.

10 ‘‘For purposes of this part—

11 ‘‘(1) the term ‘domestic violence’ means crimes

12 of violence committed by a current or former spouse

13 of the victim, an individual with whom the victim

14 shares a child in common, an individual who is co15 habiting with or has cohabited with the victim as a

16 spouse, an individual similarly situated to a spouse,

17 or any other individual who is protected under do18 mestic or family violence laws of the jurisdiction that

19 receives a grant under this part;

20 ‘‘(2) the term ‘sexual assault’ includes assaults

21 committed by offenders who are strangers to the vic22 tim and assaults committed by offenders who are

23 known or related by blood or marriage to the victim;

24 and
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1 ‘‘(3) the term ‘victim services program’ means

2 any public or private, nonsectarian, nonprofit pro3 gram that assists victims of violent crime, domestic

4 violence or sexual assault victims, including non5 governmental nonprofit organizations such as rape

6 crisis centers, battered women’s shelters, and other

7 sexual assault and domestic violence programs, in8 cluding nonprofit nongovernmental organizations as9 sisting domestic violence and sexual assault victims

10 through the legal process.

11 ‘‘SEC. 1705. GENERAL TERMS AND CONDITIONS.

12 ‘‘(a) NONMONETARY ASSISTANCE.—In addition to

13 the assistance provided under sections 1702 and 1703, the

14 Director may request any Federal agency, with or without

15 reimbursement, to use its authorities and the resources

16 granted to it under Federal law (including personnel,

17 equipment, supplies, facilities, and managerial, technical,

18 and advisory services) to support State and local assist19 ance efforts under this part.

20 ‘‘(b) BUREAU REPORTING.—Not later than 180 days

21 after the end of each fiscal year for which grants are made

22 under this part, the Director shall submit to the Congress

23 a report that includes, for each State and Indian tribe—

24 ‘‘(1) the amount of grants made under this

25 part;
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1 ‘‘(2) a summary of the purposes for which

2 grants were provided and an evaluation of progress;

3 and

4 ‘‘(3) a copy of each grantee report filed pursu5 ant to sections 1702(f) and 1703(e).

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated for each of the fiscal

8 years 1995 and 1996, $190,000,000 to carry out the pur9 poses of section 1702 and $10,000,000 to carry out the

10 purposes of section 1703.’’.

11 (b) CONFORMING AMENDMENT.—The table of con12 tents of title I of the Omnibus Crime Control and Safe

13 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

14 by striking the matter relating to part Q and inserting

15 the following:

‘‘PART Q—GRANT TO COMBAT VIOLENT CRIMES AGAINST WOMEN

‘‘Sec. 1701. Purpose of the program and grants.

‘‘Sec. 1702. State grants.

‘‘Sec. 1703. General grants to tribes.

‘‘Sec. 1704. General definitions.

‘‘Sec. 1705. General terms and conditions.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings’’.
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1 Subtitle B—Community Policing;

2 Cop on the Beat

3 SEC. 111. COMMUNITY POLICING; COP ON THE BEAT.

4 (a) IN GENERAL.—Title I of the Omnibus Crime

5 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

6 et seq.) is amended—

7 (1) by redesignating part R as part S;

8 (2) by redesignating section 1801 as section

9 1901; and

10 (3) by inserting after part Q the following:

11 ‘‘PART R—COMMUNITY POLICING; COP ON THE

12 BEAT GRANTS

13 ‘‘SEC. 1801. GRANT AUTHORIZATION.

14 ‘‘(a) GRANT PROJECTS.—The Director of the Bureau

15 of Justice Assistance may make grants to units of local

16 government and to community groups to establish or ex17 pand cooperative efforts between police and a community

18 for the purposes of increasing police presence in the com19 munity, including—

20 ‘‘(1) developing innovative neighborhood-ori21 ented policing programs;

22 ‘‘(2) providing new technologies to reduce the

23 amount of time officers spend processing cases in24 stead of patrolling the community;
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1 ‘‘(3) purchasing equipment to improve commu2 nications between officers and the community and to

3 improve the collection, analysis, and use of informa4 tion about crime-related community problems;

5 ‘‘(4) developing policies that reorient police em6 phasis from reacting to crime to preventing crime;

7 ‘‘(5) creating decentralized police substations

8 throughout the community to encourage interaction

9 and cooperation between the public and law enforce10 ment personnel on a local level;

11 ‘‘(6) providing training and problem solving for

12 community crime problems;

13 ‘‘(7) providing training in cultural differences

14 for law enforcement officials;

15 ‘‘(8) developing community-based crime preven16 tion programs, such as safety programs for senior

17 citizens, community anticrime groups, and other

18 anticrime awareness programs;

19 ‘‘(9) developing crime prevention programs in

20 communities which have experienced a recent in21 crease in gang-related violence; and

22 ‘‘(10) developing projects following the model

23 under subsection (b).
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1 ‘‘(b) MODEL PROJECT.—The Director shall develop

2 a written model that informs community members regard3 ing—

4 ‘‘(1) how to identify the existence of a drug or

5 gang house;

6 ‘‘(2) what civil remedies, such as public nui7 sance violations and civil suits in small claims court,

8 are available; and

9 ‘‘(3) what mediation techniques are available

10 between community members and individuals who

11 have established a drug or gang house in such com12 munity.

13 ‘‘SEC. 1802. APPLICATION.

14 ‘‘(a) IN GENERAL.—(1) To be eligible to receive a

15 grant under this part, a chief executive of a unit of local

16 government, a duly authorized representative of a com17 bination of local governments within a geographic region,

18 or a community group shall submit an application to the

19 Director in such form and containing such information as

20 the Director may reasonably require.

21 ‘‘(2) In such application, one office, or agency (public,

22 private, or nonprofit) shall be designated as responsible

23 for the coordination, implementation, administration, ac24 counting, and evaluation of services described in the appli25 cation.
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1 ‘‘(b) GENERAL CONTENTS.—Each application under

2 subsection (a) shall include—

3 ‘‘(1) a request for funds available under this

4 part for the purposes described in section 1801;

5 ‘‘(2) a description of the areas and populations

6 to be served by the grant; and

7 ‘‘(3) assurances that Federal funds received

8 under this part shall be used to supplement, not

9 supplant, non-Federal funds that would otherwise be

10 available for activities funded under this part.

11 ‘‘(c) COMPREHENSIVE PLAN.—Each application shall

12 include a comprehensive plan which contains—

13 ‘‘(1) a description of the crime problems within

14 the areas targeted for assistance;

15 ‘‘(2) a description of the projects to be devel16 oped;

17 ‘‘(3) a description of the resources available in

18 the community to implement the plan together with

19 a description of the gaps in the plan that cannot be

20 filled with existing resources;

21 ‘‘(4) an explanation of how the requested grant

22 shall be used to fill those gaps;

23 ‘‘(5) a description of the system the applicant

24 shall establish to prevent and reduce crime problems;

25 and
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1 ‘‘(6) an evaluation component, including per2 formance standards and quantifiable goals the appli3 cant shall use to determine project progress, and the

4 data the applicant shall collect to measure progress

5 toward meeting project goals.

6 ‘‘SEC. 1803. ALLOCATION OF FUNDS; LIMITATIONS ON

7 GRANTS.

8 ‘‘(a) ALLOCATION.—The Director shall allocate not

9 less than 75 percent of the funds available under this part

10 to units of local government or combinations of such units

11 and not more than 20 percent of the funds available under

12 this part to community groups.

13 ‘‘(b) ADMINISTRATIVE COST LIMITATION.—The Di14 rector shall use not more than 5 percent of the funds avail15 able under this part for the purposes of administration,

16 technical assistance, and evaluation.

17 ‘‘(c) RENEWAL OF GRANTS.—A grant under this part

18 may be renewed for up to 2 additional years after the first

19 fiscal year during which the recipient receives its initial

20 grant, subject to the availability of funds, if the Director

21 determines that the funds made available to the recipient

22 during the previous year were used in a manner required

23 under the approved application and if the recipient can

24 demonstrate significant progress toward achieving the

25 goals of the plan required under section 1802(c).
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1 ‘‘(d) FEDERAL SHARE.—The Federal share of a

2 grant made under this part may not exceed 75 percent

3 of the total costs of the projects described in the applica4 tion submitted under section 1802 for the fiscal year for

5 which the projects receive assistance under this part.

6 ‘‘SEC. 1804. AWARD OF GRANTS.

7 ‘‘(a) SELECTION OF RECIPIENTS.—The Director

8 shall consider the following factors in awarding grants to

9 units of local government or combinations of such units

10 under this part:

11 ‘‘(1) NEED AND ABILITY.—Demonstrated need

12 and evidence of the ability to provide the services de13 scribed in the plan required under section 1802(c).

14 ‘‘(2) COMMUNITY-WIDE RESPONSE.—Evidence

15 of the ability to coordinate community-wide response

16 to crime.

17 ‘‘(3) MAINTAIN PROGRAM.—The ability to

18 maintain a program to control and prevent crime

19 after funding under this part is no longer available.

20 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director

21 shall attempt, to the extent practicable, to achieve an equi22 table geographic distribution of grant awards.

23 ‘‘SEC. 1805. REPORTS.

24 ‘‘(a) REPORT TO DIRECTOR.—Recipients who receive

25 funds under this part shall submit to the Director not
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1 later than March 1 of each year a report that describes

2 progress achieved in carrying out the plan required under

3 section 1802(c).

4 ‘‘(b) REPORT TO CONGRESS.—The Director shall

5 submit to the Congress a report by October 1 of each year

6 that shall contain a detailed statement regarding grant

7 awards, activities of grant recipients, and an evaluation

8 of projects established under this part.

9 ‘‘SEC. 1806. DEFINITIONS.

10 ‘‘For the purposes of this part—

11 ‘‘(1) the term ‘community group’ means a com12 munity-based nonprofit organization that has a pri13 mary purpose of crime prevention; and

14 ‘‘(2) the term ‘Director’ means the Director of

15 the Bureau of Justice Assistance.’’.

16 (b) CONFORMING AMENDMENT.—The table of con17 tents of title I of the Omnibus Crime Control and Safe

18 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

19 by striking the matter relating to part R and inserting

20 the following:

‘‘PART R—COMMUNITY POLICING; COP ON THE BEAT GRANTS

‘‘Sec. 1801. Grant authorization.

‘‘Sec. 1802. Application.

‘‘Sec. 1803. Allocation of funds; limitation on grants.

‘‘Sec. 1804. Award of grants.

‘‘Sec. 1805. Reports.

‘‘Sec. 1806. Definitions.

‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.
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1 SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

2 Section 1001(a) of title I of the Omnibus Crime Con3 trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is

4 amended by adding after paragraph (11) the following:

5 ‘‘(12) There are authorized to be appropriated

6 $150,000,000 for each of the fiscal years 1995, 1996, and

7 1997 to carry out the projects under part R.’’.

8 Subtitle C—Law Enforcement

9 Family Support

10 SEC. 121. LAW ENFORCEMENT FAMILY SUPPORT.

11 (a) LAW ENFORCEMENT FAMILY SUPPORT.—Title I

12 of the Omnibus Crime Control and Safe Streets Act of

13 1968 (42 U.S.C. 3711 et seq.), is amended—

14 (1) by redesignating part S as part T;

15 (2) by redesignating section 1901 as 2001; and

16 (3) by inserting after part R the following:

17 ‘‘PART S—FAMILY SUPPORT

18 ‘‘SEC. 1901. DUTIES OF DIRECTOR.

19 ‘‘The Director shall—

20 ‘‘(1) establish guidelines and oversee the imple21 mentation of family-friendly policies within law en22 forcement-related offices and divisions in the De23 partment of Justice;

24 ‘‘(2) study the effects of stress on law enforce25 ment personnel and family well-being and dissemi26 nate the findings of such studies to Federal, State,
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1 and local law enforcement agencies, related organi2 zations, and other interested parties;

3 ‘‘(3) identify and evaluate model programs that

4 provide support services to law enforcement person5 nel and families;

6 ‘‘(4) provide technical assistance and training

7 programs to develop stress reduction and family sup8 port to State and local law enforcement agencies;

9 ‘‘(5) collect and disseminate information re10 garding family support, stress reduction, and psy11 chological services to Federal, State, and local law

12 enforcement agencies, law enforcement-related orga13 nizations, and other interested entities; and

14 ‘‘(6) determine issues to be researched by the

15 Bureau and by grant recipients.

16 ‘‘SEC. 1902. GENERAL AUTHORIZATION.

17 ‘‘The Director is authorized to make grants to States

18 and local law enforcement agencies to provide family sup19 port services to law enforcement personnel.

20 ‘‘SEC. 1903. USES OF FUNDS.

21 ‘‘(a) IN GENERAL.—A State or local law enforcement

22 agency that receives a grant under this Act shall use

23 amounts provided under the grant to establish or improve

24 training and support programs for law enforcement per25 sonnel.
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1 ‘‘(b) REQUIRED ACTIVITIES.—A law enforcement

2 agency that receives funds under this Act shall provide

3 at least one of the following services:

4 ‘‘(1) Counseling for law enforcement family

5 members.

6 ‘‘(2) Child care on a 24-hour basis.

7 ‘‘(3) Marital and adolescent support groups.

8 ‘‘(4) Stress reduction programs.

9 ‘‘(5) Stress education for law enforcement re10 cruits and families.

11 ‘‘(c) OPTIONAL ACTIVITIES.—A law enforcement

12 agency that receives funds under this Act may provide the

13 following services:

14 ‘‘(1) Post-shooting debriefing for officers and

15 their spouses.

16 ‘‘(2) Group therapy.

17 ‘‘(3) Hypertension clinics.

18 ‘‘(4) Critical incident response on a 24-hour

19 basis.

20 ‘‘(5) Law enforcement family crisis telephone

21 services on a 24-hour basis.

22 ‘‘(6) Counseling for law enforcement personnel

23 exposed to the human immunodeficiency virus.

24 ‘‘(7) Counseling for peers.
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1 ‘‘(8) Counseling for families of personnel killed

2 in the line of duty.

3 ‘‘(9) Seminars regarding alcohol, drug use,

4 gambling, and overeating.

5 ‘‘SEC. 1904. APPLICATIONS.

6 ‘‘A law enforcement agency desiring to receive a

7 grant under this part shall submit to the Director an ap8 plication at such time, in such manner, and containing or

9 accompanied by such information as the Director may rea10 sonably require. Such application shall—

11 ‘‘(1) certify that the law enforcement agency

12 shall match all Federal funds with an equal amount

13 of cash or in-kind goods or services from other non14 Federal sources;

15 ‘‘(2) include a statement from the highest rank16 ing law enforcement official from the State or local17 ity applying for the grant that attests to the need

18 and intended use of services to be provided with

19 grant funds; and

20 ‘‘(3) assure that the Director or the Comptrol21 ler General of the United States shall have access to

22 all records related to the receipt and use of grant

23 funds received under this Act.
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1 ‘‘SEC. 1905. AWARD OF GRANTS; LIMITATION.

2 ‘‘(a) GRANT DISTRIBUTION.—In approving grants

3 under this part, the Director shall assure an equitable dis4 tribution of assistance among the States, among urban

5 and rural areas of the United States, and among urban

6 and rural areas of a State.

7 ‘‘(b) DURATION.—The Director may award a grant

8 each fiscal year, not to exceed $100,000 to a State or local

9 law enforcement agency for a period not to exceed 5 years.

10 In any application from a State or local law enforcement

11 agency for a grant to continue a program for the second,

12 third, fourth, or fifth fiscal year following the first fiscal

13 year in which a grant was awarded to such agency, the

14 Director shall review the progress made toward meeting

15 the objectives of the program. The Director may refuse

16 to award a grant if the Director finds sufficient progress

17 has not been made toward meeting such objectives, but

18 only after affording the applicant notice and an oppor19 tunity for reconsideration.

20 ‘‘(c) LIMITATION.—Not more than 10 percent of

21 grant funds received by a State or a local law enforcement

22 agency may be used for administrative purposes.

23 ‘‘SEC. 1906. DISCRETIONARY RESEARCH GRANTS.

24 ‘‘The Director may reserve 10 percent of funds to

25 award research grants to a State or local law enforcement
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1 agency to study issues of importance in the law enforce2 ment field as determined by the Director.

3 ‘‘SEC. 1907. REPORTS.

4 ‘‘(a) REPORT FROM GRANT RECIPIENTS.—A State or

5 local law enforcement agency that receives a grant under

6 this Act shall submit to the Director an annual report that

7 includes—

8 ‘‘(1) program descriptions;

9 ‘‘(2) the number of staff employed to admin10 ister programs;

11 ‘‘(3) the number of individuals who participated

12 in programs; and

13 ‘‘(4) an evaluation of the effectiveness of grant

14 programs.

15 ‘‘(b) REPORT FROM DIRECTOR.—(1) The Director

16 shall submit to the Congress a report not later than March

17 31 of each fiscal year.

18 ‘‘(2) Such report shall contain—

19 ‘‘(A) a description of the types of projects de20 veloped or improved through funds received under

21 this Act;

22 ‘‘(B) a description of exemplary projects and

23 activities developed;
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1 ‘‘(C) a designation of the family relationship to

2 the law enforcement personnel of individuals served;

3 and

4 ‘‘(D) the number of individuals served in each

5 location and throughout the country.

6 ‘‘SEC. 1908. DEFINITIONS.

7 ‘‘For purposes of this part—

8 ‘‘(1) the term ‘family-friendly policy’ means a

9 policy to promote or improve the morale and well

10 being of law enforcement personnel and their fami11 lies; and

12 ‘‘(2) the term ‘law enforcement personnel’

13 means individuals employed by Federal, State, and

14 local law enforcement agencies.’’.

15 (b) CONFORMING AMENDMENT.—The table of con16 tents of title I of the Omnibus Crime Control and Safe

17 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended

18 by striking the matter relating to part S and inserting the

19 following:

‘‘PART S—FAMILY SUPPORT

‘‘Sec. 1901. Duties of director.

‘‘Sec. 1902. General authorization.

‘‘Sec. 1903. Uses of funds.

‘‘Sec. 1904. Applications.

‘‘Sec. 1905. Award of grants; limitation.

‘‘Sec. 1906. Discretionary research grants.

‘‘Sec. 1907. Reports.

‘‘Sec. 1908. Definitions.

‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALS

‘‘Sec. 2001. Continuation of rules, authorities, and privileges.’’.
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1 SEC. 122. AUTHORIZATION OF APPROPRIATIONS.

2 Section 1001(a) of the Omnibus Crime Control and

3 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is

4 amended by adding after paragraph (12) the following:

5 ‘‘(13) There are authorized to be appropriated

6 $5,000,000 for each of the fiscal years 1995, 1996, 1997,

7 1998, and 1999. Not more than 20 percent of such funds

8 may be used to accomplish the duties of the Director

9 under section 1901 in part S of this Act, including admin10 istrative costs, research, and training programs.’’.

11 Subtitle D—Police Misconduct

12 SEC. 131. PATTERN OR PRACTICE CASES; CAUSE OF AC13 TION.

14 (a) UNLAWFUL CONDUCT.—It shall be unlawful for

15 any governmental authority, or any agent thereof, or any

16 person acting on behalf of a governmental authority, to

17 engage in a pattern or practice of conduct by law enforce18 ment officers that deprives persons of rights, privileges,

19 or immunities, secured or protected by the Constitution

20 or laws of the United States.

21 (b) CIVIL ACTION BY ATTORNEY GENERAL.—When22 ever the Attorney General has reasonable cause to believe

23 that a violation of subsection (a) has occurred, the Attor24 ney General, for or in the name of the United States, may

25 in a civil action obtain appropriate equitable and declara26 tory relief to eliminate the pattern or practice.
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1 (c) CIVIL ACTION BY INJURED PERSON.—Any per2 son injured by a violation of subsection (a) may in a civil

3 action obtain appropriate equitable and declaratory relief

4 to eliminate the pattern or practice. In any civil under this

5 subsection, the court may allow the prevailing plaintiff

6 reasonable attorneys’ fees and other litigation fees and

7 costs (including expert’s fees). A governmental body shall

8 be liable for such fees and costs to the same extent as

9 a private individual.

10 (d) DEFINITION.—As used in this subtitle, the term

11 ‘‘law enforcement officer’’ means an official empowered by

12 law to conduct investigations of, to make arrests for, or

13 to detain individuals suspected or convicted of, criminal

14 offenses.

15 SEC. 132. DATA ON USE OF EXCESSIVE FORCE.

16 (a) ATTORNEY GENERAL TO COLLECT.—The Attor17 ney General shall, through the victimization surveys con18 ducted by the Bureau of Justice Statistics, acquire data

19 about the use of excessive force by law enforcement offi20 cers.

21 (b) LIMITATION ON USE OF DATA.—Data acquired

22 under this section shall be used only for research or statis23 tical purposes and may not contain any information that

24 may reveal the identity of the victim or any law enforce25 ment officer.
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1 (c) ANNUAL SUMMARY.—The Attorney General shall

2 publish an annual summary of the data acquired under

3 this section.

4 SEC. 133. CRIMINAL PENALTY.

5 (a) IN GENERAL.—Chapter 13 (relating to civil

6 rights) of title 18, United States Code, is amended by add7 ing at the end the following:

8 ‘‘§ 248. Police brutality

9 ‘‘(a) OFFENSE.—Whoever, being a law enforcement

10 officer and under color of law, subjects any person to force

11 exceeding that which is reasonably necessary to carry out

12 a law enforcement duty, shall be punished under sub13 section (b).

14 ‘‘(b) PUNISHMENT.—(1) The punishment for an of15 fense under this section is a fine under this title, or impris16 onment under paragraph (2), or both.

17 ‘‘(2) The imprisonment for an offense under this sec18 tion shall—

19 ‘‘(A) if death results, be for any term of years

20 or for life;

21 ‘‘(B) if bodily injury other than death results,

22 be for not more than 10 years; and

23 ‘‘(C) in any other case, not exceed one year.

24 ‘‘(c) DEFINITION.—As used in this section, the term

25 ‘law enforcement officer’ means an official empowered by
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1 law to conduct investigations of, to make arrests for, or

2 to detain individuals suspected or convicted of, criminal

3 offenses.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of chapter 13 of title 18, United States

6 Code, is amended by adding at the end the following:

‘‘248. Police brutality.’’.

7 SEC. 134. GOVERNMENTAL LIABILITY.

8 (a) GENERALLY.—Any State, county, municipality,

9 or other unit of State or local government shall be liable

10 in a civil action for appropriate relief to the party injured,

11 for the conduct of a law enforcement officer of such unit

12 that subjects or causes to be subjected, under color of law,

13 any individual to the deprivation of any rights, privileges,

14 or immunities secured by the Constitution or laws of the

15 United States.

16 (b) NO ‘‘GOOD FAITH’’ EXCEPTION TO LIABILITY.—

17 The liability created by this section shall exist whether or

18 not the law enforcement officer had a reasonable good

19 faith belief in the lawfulness of the conduct.

20 (c) STATUTE OF LIMITATIONS.—The statute of limi21 tations applicable to actions to enforce the liability created

22 by this section is the same as that applicable to an action

23 under section 1979 of the Revised Statutes of the United

24 States (42 U.S.C. 1983).
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1 Subtitle E—Police Corps and Law

2 Enforcement Officers Training

3 and Education

4 SEC. 141. PURPOSES.

5 The purposes of this subtitle are to—

6 (1) address violent crime by increasing the

7 number of police with advanced education and train8 ing on community patrol;

9 (2) provide educational assistance to law en10 forcement personnel and to students who possess a

11 sincere interest in public service in the form of law

12 enforcement; and

13 (3) assist State and local law enforcement ef14 forts to enhance the educational status of law en15 forcement personnel both through increasing the

16 educational level of existing officers and by recruit17 ing more highly educated officers.

18 SEC. 142. ESTABLISHMENT OF OFFICE OF THE POLICE

19 CORPS AND LAW ENFORCEMENT EDUCATION.

20 (a) ESTABLISHMENT.—There is established in the

21 Department of Justice, under the general authority of the

22 Attorney General, an Office of the Police Corps and Law

23 Enforcement Education.

24 (b) APPOINTMENT OF DIRECTOR.—The Office of the

25 Police Corps and Law Enforcement Education shall be
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1 headed by a Director (referred to in this title as the ‘‘Di2 rector’’) who shall be appointed by the President, by and

3 with the advice and consent of the Senate.

4 (c) RESPONSIBILITIES OF DIRECTOR.—The Director

5 shall be responsible for the administration of the Police

6 Corps program established in chapter 1 and the Law En7 forcement Scholarship program established in chapter 2

8 and shall have authority to promulgate regulations to im9 plement this title.

10 SEC. 143. DESIGNATION OF LEAD AGENCY AND SUBMIS11 SION OF STATE PLAN.

12 (a) LEAD AGENCY.—A State that desires to partici13 pate in the Police Corps program under chapter 1 or the

14 Law Enforcement Scholarship program under chapter 2

15 shall designate a lead agency that will be responsible for—

16 (1) submitting to the Director a State plan de17 scribed in subsection (b); and

18 (2) administering the program in the State.

19 (b) STATE PLANS.—A State plan shall—

20 (1) contain assurances that the lead agency

21 shall work in cooperation with the local law enforce22 ment liaisons, representatives of police labor organi23 zations and police management organizations, and

24 other appropriate State and local agencies to develop
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1 and implement interagency agreements designed to

2 carry out the program;

3 (2) contain assurances that the State shall ad4 vertise the assistance available under this title;

5 (3) contain assurances that the State shall

6 screen and select law enforcement personnel for par7 ticipation in the program; and

8 (4) meet the other applicable requirements of

9 this subtitle.

10 CHAPTER 1—POLICE CORPS PROGRAM

11 SEC. 151. DEFINITIONS.

12 For the purposes of this chapter—

13 (1) the term ‘‘academic year’’ means a tradi14 tional academic year beginning in August or Sep15 tember and ending in the following May or June;

16 (2) the term ‘‘dependent child’’ means a natural

17 or adopted child or stepchild of a law enforcement

18 officer who at the time of the officer’s death—

19 (A) was no more than 21 years old; or

20 (B) if older than 21 years, was in fact de21 pendent on the child’s parents for at least one22 half of the child’s support (excluding edu23 cational expenses), as determined by the Direc24 tor;
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1 (3) the term ‘‘educational expenses’’ means ex2 penses that are directly attributable to—

3 (A) a course of education leading to the

4 award of the baccalaureate degree; or

5 (B) a course of graduate study following

6 award of a baccalaureate degree,

7 including the cost of tuition, fees, books, supplies,

8 transportation, room and board and miscellaneous

9 expenses;

10 (4) the term ‘‘participant’’ means a participant

11 in the Police Corps program selected pursuant to

12 section 153;

13 (5) the term ‘‘State’’ means a State of the

14 United States, the District of Columbia, the Com15 monwealth of Puerto Rico, the Virgin Islands, Amer16 ican Samoa, Guam, and the Commonwealth of the

17 Northern Mariana Islands; and

18 (6) the term ‘‘State Police Corps program’’

19 means a State police corps program approved under

20 section 156.

21 SEC. 152. SCHOLARSHIP ASSISTANCE.

22 (a) SCHOLARSHIPS AUTHORIZED.—(1) The Director

23 is authorized to award scholarships to participants who

24 agree to work in a State or local police force in accordance

25 with agreements entered into pursuant to subsection (d).
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1 (2)(A) Except as provided in subparagraph (B) each

2 scholarship payment made under this section for each aca3 demic year shall not exceed—

4 (i) $7,500; or

5 (ii) the cost of the educational expenses related

6 to attending an institution of higher education.

7 (B) In the case of a participant who is pursuing a

8 course of educational study during substantially an entire

9 calendar year, the amount of scholarship payments made

10 during such year shall not exceed $10,000.

11 (C) The total amount of scholarship assistance re12 ceived by any one student under this section shall not ex13 ceed $30,000.

14 (3) Recipients of scholarship assistance under this

15 section shall continue to receive such scholarship payments

16 only during such periods as the Director finds that the

17 recipient is maintaining satisfactory progress as deter18 mined by the institution of higher education the recipient

19 is attending.

20 (4)(A) The Director shall make scholarship payments

21 under this section directly to the institution of higher edu22 cation that the student is attending.

23 (B) Each institution of higher education receiving a

24 payment on behalf of a participant pursuant to subpara25 graph (A) shall remit to such student any funds in excess
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1 of the costs of tuition, fees, and room and board payable

2 to the institution.

3 (b) REIMBURSEMENT AUTHORIZED.—(1) The Direc4 tor is authorized to make payments to a participant to

5 reimburse such participant for the costs of educational ex6 penses if such student agrees to work in a State or local

7 police force in accordance with the agreement entered into

8 pursuant to subsection (d).

9 (2)(A) Each payment made pursuant to paragraph

10 (1) for each academic year of study shall not exceed—

11 (i) $7,500; or

12 (ii) the cost of educational expenses related to

13 attending an institution of higher education.

14 (B) In the case of a participant who is pursuing a

15 course of educational study during substantially an entire

16 calendar year, the amount of scholarship payments made

17 during such year shall not exceed $10,000.

18 (C) The total amount of payments made pursuant to

19 subparagraph (A) to any one student shall not exceed

20 $30,000.

21 (c) USE OF SCHOLARSHIP.—Scholarships awarded

22 under this subsection shall only be used to attend a 4-

23 year institution of higher education, except that—

24 (1) scholarships may be used for graduate and

25 professional study, and
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1 (2) where a participant has enrolled in the pro2 gram upon or after transfer to a four-year institu3 tion of higher education, the Director may reimburse

4 the participant for the participant’s prior edu5 cational expenses.

6 (d) AGREEMENT.—(1) Each participant receiving a

7 scholarship or a payment under this section shall enter

8 into an agreement with the Director. Each such agreement

9 shall contain assurances that the participant shall—

10 (A) after successful completion of a bacca11 laureate program and training as prescribed in sec12 tion 154, work for 4 years in a State or local police

13 force without there having arisen sufficient cause for

14 the participant’s dismissal under the rules applicable

15 to members of the police force of which the partici16 pant is a member;

17 (B) complete satisfactorily—

18 (i) an educational course of study and re19 ceipt of a baccalaureate degree (in the case of

20 undergraduate study) or the reward of credit to

21 the participant for having completed one or

22 more graduate courses (in the case of graduate

23 study); and

24 (ii) Police Corps training and certification

25 by the Director that the participant has met
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1 such performance standards as may be estab2 lished pursuant to section 154; and

3 (C) repay all of the scholarship or payment re4 ceived plus interest at the rate of 10 percent in the

5 event that the conditions of subparagraphs (A) and

6 (B) are not complied with.

7 (2)(A) A recipient of a scholarship or payment under

8 this section shall not be considered in violation of the

9 agreement entered into pursuant to paragraph (1) if the

10 recipient—

11 (i) dies; or

12 (ii) becomes permanently and totally disabled as

13 established by the sworn affidavit of a qualified

14 physician.

15 (B) In the event that a scholarship recipient is unable

16 to comply with the repayment provision set forth in sub17 paragraph (B) of paragraph (1) because of a physical or

18 emotional disability or for good cause as determined by

19 the Director, the Director may substitute community serv20 ice in a form prescribed by the Director for the required

21 repayment.

22 (C) The Director shall expeditiously seek repayment

23 from participants who violate the agreement described in

24 paragraph (1).
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1 (e) DEPENDENT CHILD.—A dependent child of a law

2 enforcement officer—

3 (1) who is a member of a State or local police

4 force or is a Federal criminal investigator or uni5 formed police officer,

6 (2) who is not a participant in the Police Corps

7 program, but

8 (3) who serves in a State for which the Director

9 has approved a Police Corps plan, and

10 (4) who is killed in the course of performing po11 lice duties,

12 shall be entitled to the scholarship assistance authorized

13 in this section for any course of study in any accredited

14 institution of higher education. Such dependent child shall

15 not incur any repayment obligation in exchange for the

16 scholarship assistance provided in this section.

17 (f) APPLICATION.—Each participant desiring a schol18 arship or payment under this section shall submit an ap19 plication as prescribed by the Director in such manner and

20 accompanied by such information as the Director may rea21 sonably require.

22 (g) DEFINITION.—For the purposes of this section

23 the term ‘‘institution of higher education’’ has the mean24 ing given that term in the first sentence of section 1201(a)

25 of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
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1 SEC. 153. SELECTION OF PARTICIPANTS.

2 (a) IN GENERAL.—Participants in State Police Corps

3 programs shall be selected on a competitive basis by each

4 State under regulations prescribed by the Director.

5 (b) SELECTION CRITERIA AND QUALIFICATIONS.—

6 (1) In order to participate in a State Police Corps pro7 gram, a participant must—

8 (A) be a citizen of the United States or an alien

9 lawfully admitted for permanent residence in the

10 United States;

11 (B) meet the requirements for admission as a

12 trainee of the State or local police force to which the

13 participant will be assigned pursuant to section

14 155(c)(5), including achievement of satisfactory

15 scores on any applicable examination, except that

16 failure to meet the age requirement for a trainee of

17 the State or local police shall not disqualify the ap18 plicant if the applicant will be of sufficient age upon

19 completing an undergraduate course of study;

20 (C) possess the necessary mental and physical

21 capabilities and emotional characteristics to dis22 charge effectively the duties of a law enforcement of23 ficer;

24 (D) demonstrate sincere motivation and dedica25 tion to law enforcement and public service;
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1 (E) in the case of an undergraduate, agree in

2 writing that the participant will complete an edu3 cational course of study leading to the award of a

4 baccalaureate degree and will then accept an ap5 pointment and complete 4 years of service as an offi6 cer in the State police or in a local police depart7 ment within the State;

8 (F) in the case of a participant desiring to un9 dertake or continue graduate study, agree in writing

10 that the participant will accept an appointment and

11 complete 4 years of service as an officer in the State

12 police or in a local police department within the

13 State before undertaking or continuing graduate

14 study;

15 (G) contract, with the consent of the partici16 pant’s parent or guardian if the participant is a

17 minor, to serve for 4 years as an officer in the State

18 police or in a local police department, if an appoint19 ment is offered; and

20 (H) except as provided in paragraph (2), be

21 without previous law enforcement experience.

22 (2)(A) Until the date that is 5 years after the date

23 of enactment of this title, up to 10 percent of the appli24 cants accepted into the Police Corps program may be per25 sons who—
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1 (i) have had some law enforcement experience;

2 and

3 (ii) have demonstrated special leadership poten4 tial and dedication to law enforcement.

5 (B)(i) The prior period of law enforcement of a par6 ticipant selected pursuant to subparagraph (A) shall not

7 be counted toward satisfaction of the participant’s 4-year

8 service obligation under section 155, and such a partici9 pant shall be subject to the same benefits and obligations

10 under this chapter as other participants, including those

11 stated in subsection (b)(1) (E) and (F).

12 (ii) Clause (i) shall not be construed to preclude

13 counting a participant’s previous period of law enforce14 ment experience for purposes other than satisfaction of the

15 requirements of section 155, such as for purposes of deter16 mining such a participant’s pay and other benefits, rank,

17 and tenure.

18 (3) It is the intent of this Act that there shall be

19 no more than 20,000 participants in each graduating

20 class. The Director shall approve State plans providing in

21 the aggregate for such enrollment of applicants as shall

22 assure, as nearly as possible, annual graduating classes

23 of 20,000. In a year in which applications are received

24 in a number greater than that which will produce, in the

25 judgment of the Director, a graduating class of more than
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1 20,000, the Director shall, in deciding which applications

2 to grant, give preference to those who will be participating

3 in State plans that provide law enforcement personnel to

4 areas of greatest need.

5 (c) RECRUITMENT OF MINORITIES.—Each State par6 ticipating in the Police Corps program shall make special

7 efforts to seek and recruit applicants from among mem8 bers of all racial, ethnic or gender groups. This subsection

9 does not authorize an exception from the competitive

10 standards for admission established pursuant to sub11 sections (a) and (b).

12 (d) ENROLLMENT OF APPLICANT.—(1) An applicant

13 shall be accepted into a State Police Corps program on

14 the condition that the applicant will be matriculated in,

15 or accepted for admission at, a 4-year institution of higher

16 education (as described in the first sentence of section

17 1201(a) of the Higher Education Act of 1965 (20 U.S.C.

18 1141(a)))—

19 (A) as a full-time student in an undergraduate

20 program; or

21 (B) for purposes of taking a graduate course.

22 (2) If the applicant is not matriculated or accepted

23 as set forth in paragraph (1), the applicant’s acceptance

24 in the program shall be revoked.
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1 (e) LEAVE OF ABSENCE.—(1) A participant in a

2 State Police Corps program who requests a leave of ab3 sence from educational study, training or service for a pe4 riod not to exceed 1 year (or 18 months in the aggregate

5 in the event of multiple requests) due to temporary phys6 ical or emotional disability shall be granted such leave of

7 absence by the State.

8 (2) A participant who requests a leave of absence

9 from educational study, training or service for a period

10 not to exceed 1 year (or 18 months in the aggregate in

11 the event of multiple requests) for any reason other than

12 those listed in paragraph (1) may be granted such leave

13 of absence by the State.

14 (3) A participant who requests a leave of absence

15 from educational study or training for a period not to ex16 ceed 30 months to serve on an official church mission may

17 be granted such leave of absence.

18 (f) ADMISSION OF APPLICANTS.—An applicant may

19 be admitted into a State Police Corps program either be20 fore commencement of or during the applicant’s course of

21 educational study.

22 SEC. 154. POLICE CORPS TRAINING.

23 (a) IN GENERAL.—(1) The Director shall establish

24 programs of training for Police Corps participants. Such

25 programs may be carried out at up to 3 training centers
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1 established for this purpose and administered by the Di2 rector, or by contracting with existing State training facili3 ties. The Director shall contract with a State training fa4 cility upon request of such facility if the Director deter5 mines that such facility offers a course of training sub6 stantially equivalent to the Police Corps training program

7 described in this chapter.

8 (2) The Director is authorized to enter into contracts

9 with individuals, institutions of learning, and government

10 agencies (including State and local police forces), to obtain

11 the services of persons qualified to participate in and con12 tribute to the training process.

13 (3) The Director is authorized to enter into agree14 ments with agencies of the Federal Government to utilize

15 on a reimbursable basis space in Federal buildings and

16 other resources.

17 (4) The Director may authorize such expenditures as

18 are necessary for the effective maintenance of the training

19 centers, including purchases of supplies, uniforms, and

20 educational materials, and the provision of subsistence,

21 quarters, and medical care to participants.

22 (b) TRAINING SESSIONS.—A participant in a State

23 Police Corps program shall attend two 8-week training

24 sessions at a training center, one during the summer fol25 lowing completion of sophomore year and one during the
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1 summer following completion of junior year. If a partici2 pant enters the program after sophomore year, the partici3 pant shall complete 16 weeks of training at times deter4 mined by the Director.

5 (c) FURTHER TRAINING.—The 16 weeks of Police

6 Corps training authorized in this section is intended to

7 serve as basic law enforcement training but not to exclude

8 further training of participants by the State and local au9 thorities to which they will be assigned. Each State plan

10 approved by the Director under section 156 shall include

11 assurances that following completion of a participant’s

12 course of education each participant shall receive appro13 priate additional training by the State or local authority

14 to which the participant is assigned. The time spent by

15 a participant in such additional training, but not the time

16 spent in Police Corps training, shall be counted toward

17 fulfillment of the participant’s 4-year service obligation.

18 (d) COURSE OF TRAINING.—The training sessions at

19 training centers established under this section shall be de20 signed to provide basic law enforcement training, includ21 ing vigorous physical and mental training to teach partici22 pants self-discipline and organizational loyalty and to im23 part knowledge and understanding of legal processes and

24 law enforcement.
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1 (e) EVALUATION OF PARTICIPANTS.—A participant

2 shall be evaluated during training for mental, physical,

3 and emotional fitness, and shall be required to meet per4 formance standards prescribed by the Director at the con5 clusion of each training session in order to remain in the

6 Police Corps program.

7 (f) STIPEND.—The Director shall pay participants in

8 training sessions a stipend of $250 a week during training.

9 SEC. 155. SERVICE OBLIGATION.

10 (a) SWEARING IN.—Upon satisfactory completion of

11 the participant’s course of education and training program

12 established in section 154 and meeting the requirements

13 of the police force to which the participant is assigned,

14 a participant shall be sworn in as a member of the police

15 force to which the participant is assigned pursuant to the

16 State Police Corps plan, and shall serve for 4 years as

17 a member of that police force.

18 (b) RIGHTS AND RESPONSIBILITIES.—A participant

19 shall have all of the rights and responsibilities of and shall

20 be subject to all rules and regulations applicable to other

21 members of the police force of which the participant is

22 a member, including those contained in applicable agree23 ments with labor organizations and those provided by

24 State and local law.
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1 (c) DISCIPLINE.—If the police force of which the par2 ticipant is a member subjects the participant to discipline

3 such as would preclude the participant’s completing 4

4 years of service, and result in denial of educational assist5 ance under section 152, the Director may, upon a showing

6 of good cause, permit the participant to complete the serv7 ice obligation in an equivalent alternative law enforcement

8 service and, if such service is satisfactorily completed, sec9 tion 152(d)(1)(C) shall not apply.

10 (d) LAY-OFFS.—If the police force of which the par11 ticipant is a member lays off the participant such as would

12 preclude the participant’s completing 4 years of service,

13 and result in denial of educational assistance under sec14 tion 152, the Director may permit the participant to com15 plete the service obligation in an equivalent alternative law

16 enforcement service and, if such service is satisfactorily

17 completed, section 152(d)(1)(C) shall not apply.

18 SEC. 156. STATE PLAN REQUIREMENTS.

19 A State Police Corps plan shall—

20 (1) provide for the screening and selection of

21 participants in accordance with the criteria set out

22 in section 153;

23 (2) state procedures governing the assignment

24 of participants in the Police Corps program to State

25 and local police forces (no more than 10 percent of
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1 all the participants assigned in each year by each

2 State to be assigned to a statewide police force or

3 forces);

4 (3) provide that participants shall be assigned

5 to those geographic areas in which—

6 (A) there is the greatest need for addi7 tional law enforcement personnel; and

8 (B) the participants will be used most ef9 fectively;

10 (4) provide that to the extent consistent with

11 paragraph (3), a participant shall be assigned to an

12 area near the participant’s home or such other place

13 as the participant may request;

14 (5) provide that to the extent feasible, a partici15 pant’s assignment shall be made at the time the par16 ticipant is accepted into the program, subject to

17 change—

18 (A) prior to commencement of a partici19 pant’s fourth year of undergraduate study,

20 under such circumstances as the plan may

21 specify; and

22 (B) from commencement of a participant’s

23 fourth year of undergraduate study until com24 pletion of 4 years of police service by partici25 pant, only for compelling reasons or to meet the
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1 needs of the State Police Corps program and

2 only with the consent of the participant;

3 (6) provide that no participant shall be assigned

4 to serve with a local police force—

5 (A) whose size has declined by more than

6 5 percent since June 21, 1989; or

7 (B) which has members who have been laid

8 off but not retired;

9 (7) provide that participants shall be placed and

10 to the extent feasible kept on community and pre11 ventive patrol;

12 (8) assure that participants will receive effective

13 training and leadership;

14 (9) provide that the State may decline to offer

15 a participant an appointment following completion of

16 Federal training, or may remove a participant from

17 the Police Corps program at any time, only for good

18 cause (including failure to make satisfactory

19 progress in a course of educational study) and after

20 following reasonable review procedures stated in the

21 plan; and

22 (10) provide that a participant shall, while serv23 ing as a member of a police force, be compensated

24 at the same rate of pay and benefits and enjoy the

25 same rights under applicable agreements with labor
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1 organizations and under State and local law as other

2 police officers of the same rank and tenure in the

3 police force of which the participant is a member.

4 SEC. 157. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated to carry out

6 this chapter $100,000,000 for each of fiscal years 1995

7 and 1996, and $200,000,000 for each of fiscal years 1997,

8 1998, and 1999.

9 CHAPTER 2—LAW ENFORCEMENT

10 SCHOLARSHIP PROGRAM

11 SEC. 161. DEFINITIONS.

12 As used in this chapter—

13 (1) the term ‘‘Director’’ means the Director of

14 the Bureau of Justice Assistance;

15 (2) the term ‘‘educational expenses’’ means ex16 penses that are directly attributable to—

17 (A) a course of education leading to the

18 award of an associate degree;

19 (B) a course of education leading to the

20 award of a baccalaureate degree; or

21 (C) a course of graduate study following

22 award of a baccalaureate degree;

23 including the cost of tuition, fees, books, supplies,

24 and related expenses;
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1 (3) the term ‘‘institution of higher education’’

2 has the same meaning given such term in section

3 1201(a) of the Higher Education Act of 1965;

4 (4) the term ‘‘law enforcement position’’ means

5 employment as an officer in a State or local police

6 force, or correctional institution; and

7 (5) the term ‘‘State’’ means a State of the

8 United States, the District of Columbia, the Com9 monwealth of Puerto Rico, the Virgin Islands of the

10 United States, American Samoa, Guam, and the

11 Commonwealth of the Northern Mariana Islands.

12 SEC. 162. ALLOTMENT.

13 From amounts appropriated pursuant to the author14 ity of section 169, the Director shall allot—

15 (1) 80 percent of such funds to States on the

16 basis of the number of law enforcement officers in

17 each State compared to the number of law enforce18 ment officers in all States; and

19 (2) 20 percent of such funds to States on the

20 basis of the shortage of law enforcement personnel

21 and the need for assistance under this chapter in the

22 State compared to the shortage of law enforcement

23 personnel and the need for assistance under this

24 chapter in all States.
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1 SEC. 163. PROGRAM ESTABLISHED.

2 (a) USE OF ALLOTMENT.—

3 (1) IN GENERAL.—Each State receiving an al4 lotment pursuant to section 162 shall use such allot5 ment to pay the Federal share of the costs of—

6 (A) awarding scholarships to in-service law

7 enforcement personnel to enable such personnel

8 to seek further education; and

9 (B) providing—

10 (i) full-time employment in summer;

11 or

12 (ii) part-time (not to exceed 20 hours

13 per week) employment during a period not

14 to exceed one year.

15 (2) EMPLOYMENT.—The employment described

16 in subparagraph (B) of paragraph (1) shall be pro17 vided by State and local law enforcement agencies

18 for students who are juniors or seniors in high

19 school or are enrolled in an accredited institution of

20 higher education and who demonstrate an interest in

21 undertaking a career in law enforcement. Such em22 ployment shall not be in a law enforcement position.

23 Such employment shall consist of performing mean24 ingful tasks that inform such students of the nature

25 of the tasks performed by law enforcement agencies.
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1 (b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

2 SHARE.—

3 (1) PAYMENTS.—The Secretary shall pay to

4 each State receiving an allotment under section 162

5 the Federal share of the cost of the activities de6 scribed in the application submitted pursuant to sec7 tion 166.

8 (2) FEDERAL SHARE.—The Federal share shall

9 not exceed 60 percent.

10 (3) NON-FEDERAL SHARE.—The non-Federal

11 share of the cost of scholarships and student em12 ployment provided under this chapter shall be sup13 plied from sources other than the Federal Govern14 ment.

15 (c) LEAD AGENCY.—Each State receiving an allot16 ment under section 162 shall designate an appropriate

17 State agency to serve as the lead agency to conduct a

18 scholarship program, a student employment program, or

19 both in the State in accordance with this chapter.

20 (d) RESPONSIBILITIES OF DIRECTOR.—The Director

21 shall be responsible for the administration of the programs

22 conducted pursuant to this chapter and shall, in consulta23 tion with the Assistant Secretary for Postsecondary Edu24 cation, issue rules to implement this chapter.
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1 (e) ADMINISTRATIVE EXPENSES.—Each State receiv2 ing an allotment under section 162 may reserve not more

3 than 8 percent of such allotment for administrative ex4 penses.

5 (f) SPECIAL RULE.—Each State receiving an allot6 ment under section 162 shall ensure that each scholarship

7 recipient under this chapter be compensated at the same

8 rate of pay and benefits and enjoy the same rights under

9 applicable agreements with labor organizations and under

10 State and local law as other law enforcement personnel

11 of the same rank and tenure in the office of which the

12 scholarship recipient is a member.

13 (g) SUPPLEMENTATION OF FUNDING.—Funds re14 ceived under this chapter shall only be used to supplement,

15 and not to supplant, Federal, State, or local efforts for

16 recruitment and education of law enforcement personnel.

17 SEC. 164. SCHOLARSHIPS.

18 (a) PERIOD OF AWARD.—Scholarships awarded

19 under this chapter shall be for a period of one academic

20 year.

21 (b) USE OF SCHOLARSHIPS.—Each individual award22 ed a scholarship under this chapter may use such scholar23 ship for educational expenses at any accredited institution

24 of higher education.
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1 SEC. 165. ELIGIBILITY.

2 (a) SCHOLARSHIPS.—An individual shall be eligible

3 to receive a scholarship under this chapter if such individ4 ual has been employed in law enforcement for the 2-year

5 period immediately preceding the date on which assistance

6 is sought.

7 (b) INELIGIBILITY FOR STUDENT EMPLOYMENT.—

8 An individual who has been employed as a law enforce9 ment officer is ineligible to participate in a student em10 ployment program carried out under this chapter.

11 SEC. 166. STATE APPLICATION.

12 Each State desiring an allotment under section 162

13 shall submit an application to the Director at such time,

14 in such manner, and accompanied by such information as

15 the Director may reasonably require. Each such applica16 tion shall—

17 (1) describe the scholarship program and the

18 student employment program for which assistance

19 under this chapter is sought;

20 (2) contain assurances that the lead agency will

21 work in cooperation with the local law enforcement

22 liaisons, representatives of police labor organizations

23 and police management organizations, and other ap24 propriate State and local agencies to develop and im25 plement interagency agreements designed to carry

26 out this chapter;
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1 (3) contain assurances that the State will ad2 vertise the scholarship assistance and student em3 ployment it will provide under this chapter and that

4 the State will use such programs to enhance recruit5 ment efforts;

6 (4) contain assurances that the State will

7 screen and select law enforcement personnel for par8 ticipation in the scholarship program under this

9 chapter;

10 (5) contain assurances that under such student

11 employment program the State will screen and se12 lect, for participation in such program, students who

13 have an interest in undertaking a career in law en14 forcement;

15 (6) contain assurances that under such scholar16 ship program the State will make scholarship pay17 ments to institutions of higher education on behalf

18 of individuals receiving scholarships under this chap19 ter;

20 (7) with respect to such student employment

21 program, identify—

22 (A) the employment tasks students will be

23 assigned to perform;

24 (B) the compensation students will be paid

25 to perform such tasks; and
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1 (C) the training students will receive as

2 part of their participation in such program;

3 (8) identify model curriculum and existing pro4 grams designed to meet the educational and profes5 sional needs of law enforcement personnel; and

6 (9) contain assurances that the State will pro7 mote cooperative agreements with educational and

8 law enforcement agencies to enhance law enforce9 ment personnel recruitment efforts in institutions of

10 higher education.

11 SEC. 167. LOCAL APPLICATION.

12 (a) IN GENERAL.—Each individual who desires a

13 scholarship or employment under this chapter shall submit

14 an application to the State at such time, in such manner,

15 and accompanied by such information as the State may

16 reasonably require. Each such application shall describe

17 the academic courses for which a scholarship is sought,

18 or the location and duration of employment sought, as ap19 propriate.

20 (b) PRIORITY.—In awarding scholarships and provid21 ing student employment under this chapter, each State

22 shall give priority to applications from individuals who

23 are—

24 (1) members of racial, ethnic, or gender groups

25 whose representation in the law enforcement agen-
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1 cies within the State is substantially less than in the

2 population eligible for employment in law enforce3 ment in the State;

4 (2) pursuing an undergraduate degree; and

5 (3) not receiving financial assistance under the

6 Higher Education Act of 1965.

7 SEC. 168. SCHOLARSHIP AGREEMENT.

8 (a) IN GENERAL.—Each individual who receives a

9 scholarship under this chapter shall enter into an agree10 ment with the Director.

11 (b) CONTENTS.—Each agreement described in sub12 section (a) shall—

13 (1) provide assurances that the individual will

14 work in a law enforcement position in the State

15 which awarded such individual the scholarship in ac16 cordance with the service obligation described in

17 subsection (c) after completion of such individual’s

18 academic courses leading to an associate, bachelor,

19 or graduate degree;

20 (2) provide assurances that the individual will

21 repay the entire scholarship awarded under this

22 chapter in accordance with such terms and condi23 tions as the Director shall prescribe, in the event

24 that the requirements of such agreement are not

25 complied with unless the individual—
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1 (A) dies;

2 (B) becomes physically or emotionally dis3 abled, as established by the sworn affidavit of

4 a qualified physician; or

5 (C) has been discharged in bankruptcy;

6 and

7 (3) set forth the terms and conditions under

8 which an individual receiving a scholarship under

9 this chapter may seek employment in the field of law

10 enforcement in a State other than the State which

11 awarded such individual the scholarship under this

12 chapter.

13 (c) SERVICE OBLIGATION.—

14 (1) IN GENERAL.— Except as provided in para15 graph (2), each individual awarded a scholarship

16 under this chapter shall work in a law enforcement

17 position in the State which awarded such individual

18 the scholarship for a period of one month for each

19 credit hour for which funds are received under such

20 scholarship.

21 (2) SPECIAL RULE.—For purposes of satisfying

22 the requirement specified in paragraph (1), each in23 dividual awarded a scholarship under this chapter

24 shall work in a law enforcement position in the State
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1 which awarded such individual the scholarship for

2 not less than 6 months nor more than 2 years.

3 SEC. 169. AUTHORIZATION OF APPROPRIATIONS.

4 (a) GENERAL AUTHORIZATION OF APPROPRIA5 TIONS.—There are authorized to be appropriated

6 $30,000,000 for each of the fiscal years 1995, 1996, 1997,

7 1998, and 1999 to carry out this chapter.

8 (b) USES OF FUNDS.—Of the funds appropriated

9 under subsection (a) for any fiscal year—

10 (1) 75 percent shall be available to provide

11 scholarships described in section 163(a)(1)(A); and

12 (2) 25 percent shall be available to provide em13 ployment described in sections 163(a)(1)(B) and

14 163(a)(2).

15 CHAPTER 3—REPORTS

16 SEC. 171. REPORTS TO CONGRESS.

17 (a) ANNUAL REPORTS.—No later than April 1 of

18 each fiscal year, the Director shall submit a report to the

19 Attorney General, the President, the Speaker of the House

20 of Representatives, and the President of the Senate. Such

21 report shall—

22 (1) state the number of current and past par23 ticipants in the Police Corps program authorized by

24 chapter 1, broken down according to the levels of

25 educational study in which they are engaged and
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1 years of service they have served on police forces (in2 cluding service following completion of the 4-year

3 service obligation);

4 (2) describe the geographic, racial, and gender

5 dispersion of participants in the Police Corps pro6 gram;

7 (3) state the number of present and past schol8 arship recipients under chapter 2, categorized ac9 cording to the levels of educational study in which

10 such recipients are engaged and the years of service

11 such recipients have served in law enforcement;

12 (4) describe the geographic, racial, and gender

13 dispersion of scholarship recipients under chapter 2;

14 and

15 (5) describe the progress of the programs au16 thorized by this title and make recommendations for

17 changes in the programs.

18 (b) SPECIAL REPORT.—Not later than 6 months

19 after the date of enactment of this Act, the Attorney Gen20 eral shall submit a report to Congress containing a plan

21 to expand the assistance to Federal law enforcement offi22 cers. Such plan shall contain information of the number

23 and type of Federal law enforcement officers eligible for

24 such assistance.
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1 TITLE II—CRIME VICTIMS

2 Subtitle A—Crime Victims

3 SEC. 201. AVAILABILITY OF FUNDS.

4 Section 1402 of the Victims of Crime Act of 1984

5 is amended so that subsection (c) reads as follows:

6 ‘‘(c) AVAILABILITY OF FUNDS FOR EXPENDITURE;

7 GRANT PROGRAM PERCENTAGES.—

8 ‘‘(1) Sums deposited in the Fund shall remain

9 in the Fund and be available for expenditure under

10 this subsection for grants under this chapter without

11 fiscal year limitation.

12 ‘‘(2) The Fund shall be available as follows:

13 ‘‘(A) The first $6,200,000 deposited in the

14 Fund in each of the fiscal years 1992 through

15 1995 and the first $3,000,000 in each fiscal

16 year thereafter shall be available to the judicial

17 branch for administrative costs to carry out the

18 functions of the judicial branch under sections

19 3611 and 3612 of title 18, United States Code.

20 ‘‘(B) Of the first $100,000,000 deposited

21 in the Fund in a particular fiscal year—

22 ‘‘(i) 49.5 percent shall be available for

23 grants under section 10602 of this title;

24 ‘‘(ii) 45 percent shall be available for

25 grants under section 10603(a) of this title;
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1 ‘‘(iii) 1 percent shall be available for

2 grants under section 10603(c) of this title;

3 and

4 ‘‘(iv) 4.5 percent shall be available for

5 grants as provided in section 10603a of

6 this title.

7 ‘‘(C) The next $5,500,000 deposited in the

8 Fund in a particular fiscal year shall be avail9 able for grants as provided in section 10603a of

10 this title.

11 ‘‘(D) The next $4,500,000 deposited in the

12 Fund in a particular fiscal year shall be avail13 able for grants under section 10603(a) of this

14 title.

15 ‘‘(E) Any deposits in the Fund in a par16 ticular fiscal year that remain after the funds

17 are distributed under subparagraphs (A)

18 through (D) shall be available as follows—

19 ‘‘(i) 47.5 percent shall be available for

20 grants under section 10602 of this title;

21 ‘‘(ii) 47.5 percent shall be available

22 for grants under section 10603(a) of this

23 title; and
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1 ‘‘(iii) 5 percent shall be available for

2 grants under section 10603(c) of this

3 title.’’.

4 SEC. 202. RELATIONSHIP OF CRIME VICTIM COMPENSA5 TION TO CERTAIN FEDERAL PROGRAMS.

6 Section 1403 of the Victims of Crime Act of 1984

7 (42 U.S.C. 10602) is amended by adding at the end the

8 following:

9 ‘‘(e) Notwithstanding any other provision of law, if

10 the compensation paid by an eligible crime victim com11 pensation program would cover costs that a Federal pro12 gram, or a federally financed State or local program,

13 would otherwise pay, then—

14 ‘‘(1) such crime victim compensation program

15 shall not pay that compensation; and

16 ‘‘(2) the other program shall make its payments

17 without regard to the existence of the crime victim

18 compensation program.’’.

19 SEC. 203. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

20 Rule 32 of the Federal Rules of Criminal Procedure

21 is amended by—

22 (1) striking ‘‘and’’ following the semicolon in

23 subsection (a)(1)(B);

24 (2) striking the period at the end of subsection

25 (a)(1)(C) and inserting in lieu thereof ‘‘; and’’;
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1 (3) inserting after subsection (a)(1)(C) the fol2 lowing:

3 ‘‘(D) if sentence is to be imposed for a

4 crime of violence or sexual abuse, address the

5 victim personally if the victim is present at the

6 sentencing hearing and determine if the victim

7 wishes to make a statement and to present any

8 information in relation to the sentence.’’;

9 (4) in the second to last sentence of subsection

10 (a)(1), striking ‘‘equivalent opportunity’’ and insert11 ing in lieu thereof ‘‘opportunity equivalent to that of

12 the defendant’s counsel’’;

13 (5) in the last sentence of subsection (a)(1) in14 serting ‘‘the victim,’’ before ‘‘or the attorney for the

15 Government.’’; and

16 (6) adding at the end the following:

17 ‘‘(f) DEFINITIONS.—For purposes of this rule—

18 ‘‘(1) ‘victim’ means any individual against

19 whom an offense for which a sentence is to be im20 posed has been committed, but the right of allocu21 tion under subsection (a)(1)(D) may be exercised in22 stead by—

23 ‘‘(A) a parent or legal guardian in case the

24 victim is below the age of 18 years or incom25 petent; or
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1 ‘‘(B) one or more family members or rel2 atives designated by the court in case the victim

3 is deceased or incapacitated;

4 if such person or persons are present at the sentenc5 ing hearing, regardless of whether the victim is

6 present; and

7 ‘‘(2) ‘crime of violence or sexual abuse’ means

8 a crime that involved the use or attempted or threat9 ened use of physical force against the person or

10 property of another, or a crime under chapter 109A

11 of title 18, United States Code.’’.

12 Subtitle B—Confidentiality for

13 Abused Persons

14 SEC. 211. CONFIDENTIALITY FOR ABUSED PERSONS.

15 No later than 90 days after the enactment of this

16 Act, the Postmaster General shall promulgate regulations

17 to secure the confidentiality of abused persons’ addresses

18 or otherwise prohibit the disclosure of an abused person’s

19 address consistent with the following:

20 (1) Confidentiality shall be provided upon the

21 presentation to an appropriate postal official of an

22 existing and valid court order for the protection of

23 an abused spouse, or upon an affidavit containing a

24 statement that an address or organization is a do25 mestic violence shelter or service provider and a let-
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1 ter from the State coalition for domestic violence in

2 that State confirming such statement.

3 (2) Disclosure of addresses to State or Federal

4 agencies for legitimate law enforcement or other gov5 ernmental purposes shall not be prohibited.

6 (3) Compilations of addresses existing at the

7 time the order is presented to an appropriate postal

8 official shall be excluded from the scope of the pro9 posed regulations.

10 Subtitle C—Full Faith and Credit

11 SEC. 221. FULL FAITH AND CREDIT GIVEN TO PROTECTION

12 ORDERS.

13 (a) FULL FAITH AND CREDIT.—Any protection order

14 issued consistent with the terms of subsection (b) by the

15 court of one State (the issuing State) shall be accorded

16 full faith and credit by the court of another State (the

17 enforcing State) and enforced as if it were the order of

18 the enforcing State.

19 (b) PROTECTION ORDER.—A protection order issued

20 by a State court is consistent with the provisions of this

21 section if—

22 (1) such court has jurisdiction over the parties

23 and matter under the law of such State; and

24 (2) reasonable notice and opportunity to be

25 heard is given to the person against whom the order
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1 is sought sufficient to protect that person’s right to

2 due process. In the case of ex parte orders, notice

3 and opportunity to be heard must be provided within

4 the time required by State law, and in any event

5 within a reasonable time after the order is issued,

6 sufficient to protect the respondent’s due process

7 rights.

8 (c) CROSS OR COUNTER PETITION.—A protection

9 order issued by a State court against one who has peti10 tioned, filed a complaint, or otherwise filed a written

11 pleading for protection against abuse by a spouse or inti12 mate partner is not entitled to full faith and credit if—

13 (1) no cross or counter petition, complaint, or

14 other written pleading was filed seeking such a pro15 tection order; or

16 (2) a cross or counter petition has been filed

17 and the court did not make specific findings that

18 each party was entitled to such an order.

19 (d) DEFINITIONS.—As used in this subtitle—

20 (1) the term ‘‘spouse or intimate partner’’ in21 cludes—

22 (A) a spouse, a former spouse, a person

23 who shares a child in common with the abuser,

24 a person who cohabits or has cohabited with the
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1 abuser as a spouse, and any other person simi2 larly submitted to a spouse; and

3 (B) any other person, other than a minor

4 child, who is protected by the domestic or fam5 ily violence laws of the State in which the injury

6 occurred or where the victim resides;

7 (2) the term ‘‘protection order’’ includes any in8 junction or other order issued for the purpose of

9 preventing violent or threatening acts by one spouse

10 against his or her spouse, former spouse, or intimate

11 partner, including temporary and final orders issued

12 by civil and criminal courts (other than support or

13 child custody orders) whether obtained by filing an

14 independent action or as a pendente lite order in an15 other proceeding so long as any civil order was is16 sued in response to a complaint, petition or motion

17 filed by or on behalf of an abused spouse or intimate

18 partner;

19 (3) the term ‘‘State’’ includes a State of the

20 United States, the District of Columbia, and any In21 dian tribe, commonwealth, territory, or possession of

22 the United States; and

23 (4) the term ‘‘travel across State lines’’ does

24 not include travel across State lines by an individual

25 who is a member of an Indian tribe when such indi-
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1 vidual remains at all times in the territory of the In2 dian tribe of which the individual is a member.

3 TITLE III—CRIME PREVENTION

4 Subtitle A—Safe Schools

5 SEC. 301. SAFE SCHOOLS.

6 (a) IN GENERAL.—Title I of the Omnibus Crime

7 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

8 et seq.) is amended—

9 (1) by redesignating part T as part U;

10 (2) by redesignating section 2001 as section

11 2101; and

12 (3) by inserting after part S the following:

13 ‘‘PART T—SAFE SCHOOLS ASSISTANCE

14 ‘‘SEC. 2001. GRANT AUTHORIZATION.

15 ‘‘(a) IN GENERAL.—The Director of the Bureau of

16 Justice Assistance, in consultation with the Secretary of

17 Education, may make grants to local educational agencies

18 for the purpose of providing assistance to such agencies

19 most directly affected by crime and violence.

20 ‘‘(b) MODEL PROJECT.—The Director, in consulta21 tion with the Secretary of Education, shall develop a writ22 ten safe schools model in English and in Spanish in a

23 timely fashion and make such model available to any local

24 educational agency that requests such information.
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1 ‘‘SEC. 2002. USE OF FUNDS.

2 ‘‘Grants made by the Director under this part shall

3 be used—

4 ‘‘(1) to fund anticrime and safety measures and

5 to develop education and training programs for the

6 prevention of crime, violence, and illegal drugs and

7 alcohol;

8 ‘‘(2) for counseling programs for victims of

9 crime within schools;

10 ‘‘(3) for crime prevention equipment, including

11 metal detectors and video-surveillance devices; and

12 ‘‘(4) for the prevention and reduction of the

13 participation of young individuals in organized crime

14 and drug and gang-related activities in schools.

15 ‘‘SEC. 2003. APPLICATIONS.

16 ‘‘(a) IN GENERAL.—In order to be eligible to receive

17 a grant under this part for any fiscal year, a local edu18 cational agency shall submit an application to the Director

19 in such form and containing such information as the Di20 rector may reasonably require.

21 ‘‘(b) REQUIREMENTS.—Each application under sub22 section (a) shall include—

23 ‘‘(1) a request for funds for the purposes de24 scribed in section 2002;

25 ‘‘(2) a description of the schools and commu26 nities to be served by the grant, including the nature
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1 of the crime and violence problems within such

2 schools;

3 ‘‘(3) assurances that Federal funds received

4 under this part shall be used to supplement, not

5 supplant, non-Federal funds that would otherwise be

6 available for activities funded under this part; and

7 ‘‘(4) statistical information in such form and

8 containing such information that the Director may

9 require regarding crime within schools served by

10 such local educational agency.

11 ‘‘(c) COMPREHENSIVE PLAN.—Each application shall

12 include a comprehensive plan that shall contain—

13 ‘‘(1) a description of the crime problems within

14 the schools targeted for assistance;

15 ‘‘(2) a description of the projects to be devel16 oped;

17 ‘‘(3) a description of the resources available in

18 the community to implement the plan together with

19 a description of the gaps in the plan that cannot be

20 filed with existing resources;

21 ‘‘(4) an explanation of how the requested grant

22 will be used to fill gaps;

23 ‘‘(5) a description of the system the applicant

24 will establish to prevent and reduce crime problems;

25 and
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1 ‘‘(6) a description of educational materials to be

2 developed in Spanish.

3 ‘‘SEC. 2004. ALLOCATION OF FUNDS; LIMITATIONS ON

4 GRANTS.

5 ‘‘(a) ADMINISTRATIVE COST LIMITATION.—The Di6 rector shall use not more than 5 percent of the funds avail7 able under this part for the purposes of administration

8 and technical assistance.

9 ‘‘(b) RENEWAL OF GRANTS.—A grant under this

10 part may be renewed for up to 2 additional years after

11 the first fiscal year during which the recipient receives its

12 initial grant under this part, subject to the availability of

13 funds, if—

14 ‘‘(1) the Director determines that the funds

15 made available to the recipient during the previous

16 year were used in a manner required under the ap17 proved application; and

18 ‘‘(2) the Director determines that an additional

19 grant is necessary to implement the crime prevention

20 program described in the comprehensive plan as re21 quired by section 2003(c).

22 ‘‘SEC. 2005. AWARD OF GRANTS.

23 ‘‘(a) SELECTION OF RECIPIENTS.—The Director, in

24 consultation with the Secretary of Education, shall con-
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1 sider the following factors in awarding grants to local edu2 cational agencies:

3 ‘‘(1) CRIME PROBLEM.—The nature and scope

4 of the crime problem in the targeted schools.

5 ‘‘(2) NEED AND ABILITY.—Demonstrated need

6 and evidence of the ability to provide the services de7 scribed in the plan required under section 2003(c).

8 ‘‘(3) POPULATION.—The number of students to

9 be served by the plan required under section

10 2003(c).

11 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director

12 shall attempt, to the extent practicable, to achieve an equi13 table geographic distribution of grant awards.

14 ‘‘SEC. 2006. REPORTS.

15 ‘‘(a) REPORT TO DIRECTOR.—Local educational

16 agencies that receive funds under this part shall submit

17 to the Director a report not later than March 1 of each

18 year that describes progress achieved in carrying out the

19 plan required under section 2003(c).

20 ‘‘(b) REPORT TO CONGRESS.—The Director shall

21 submit to the Committee on Education and Labor and the

22 Committee on the Judiciary a report by October 1 of each

23 year in which grants are made available under this part

24 which shall contain a detailed statement regarding grant

25 awards, activities of grant recipients, a compilation of sta-
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1 tistical information submitted by applicants under

2 2003(b)(4), and an evaluation of programs established

3 under this part.

4 ‘‘SEC. 2007. DEFINITIONS.

5 ‘‘For the purpose of this part—

6 ‘‘(1) the term ‘Director’ means the Director of

7 the Bureau of Justice Assistance; and

8 ‘‘(2) the term ‘local educational agency’ means

9 a public board of education or other public authority

10 legally constituted within a State for either adminis11 trative control or direction of, or to perform a serv12 ice function for, public elementary and secondary

13 schools in a city, county, township, school district, or

14 other political subdivision of a State, or such com15 bination of school districts of counties as are recog16 nized in a State as an administrative agency for its

17 public elementary and secondary schools. Such term

18 includes any other public institution or agency hav19 ing administrative control and direction of a public

20 elementary or secondary school.’’.

21 (b) CONFORMING AMENDMENT.—The table of con22 tents of title I of the Omnibus Crime Control and Safe

23 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended

24 by striking the matter relating to part S and inserting the

25 following:

‘‘PART T—SAFE SCHOOLS ASSISTANCE
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‘‘Sec. 2001. Grant authorization.

‘‘Sec. 2002. Use of funds.

‘‘Sec. 2003. Applications.

‘‘Sec. 2004. Allocation of funds; limitations on grants.

‘‘Sec. 2005. Award of grants.

‘‘Sec. 2006. Reports.

‘‘Sec. 2007. Definitions.

‘‘PART U—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.

1 SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

2 Section 1001(a) of the Omnibus Crime Control and

3 Safe Streets Act of 1968 (42 U.S.C. 3793), is amended

4 by adding after paragraph (13) the following:

5 ‘‘(14) There are authorized to be appropriated

6 $100,000,000 for each of the fiscal years 1993, 1994, and

7 1995 to carry out the projects under part T.’’.

8 Subtitle B—Midnight Sports

9 SEC. 311. GRANTS FOR MIDNIGHT SPORTS LEAGUE

10 ANTICRIME PROGRAMS.

11 (a) AUTHORITY.—The Attorney General of the

12 United States, in consultation with the Secretary of Hous13 ing and Urban Development, shall make grants, to the ex14 tent that amounts are approved in appropriations Acts

15 under subsection (m) to—

16 (1) eligible entities to assist such entities in car17 rying out midnight sports league programs meeting

18 the requirements of subsection (d); and
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1 (2) eligible advisory entities to provide technical

2 assistance to eligible entities in establishing and op3 erating such midnight sports league programs.

4 (b) ELIGIBLE ENTITIES.—

5 (1) IN GENERAL.—Subject to paragraph (2),

6 grants under subsection (a)(1) may be made only to

7 the following eligible entities:

8 (A) Entities eligible under section 520(b)

9 of the Cranston-Gonzalez National Affordable

10 Housing Act (42 U.S.C. 11903a(b)) for a grant

11 under section 520(a) of such Act.

12 (B) Nonprofit organizations providing

13 crime prevention, employment counseling, job

14 training, or other educational services.

15 (C) Nonprofit organizations providing fed16 erally-assisted low-income housing.

17 (2) PROHIBITION ON SECOND GRANTS.—A

18 grant under subsection (a)(1) may not be made to

19 an eligible entity if the entity previously received a

20 grant under such subsection, except that the Attor21 ney General may exempt an eligible advisory entity

22 from the prohibition under this paragraph in ex23 traordinary circumstances.
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1 (c) USE OF GRANT AMOUNTS.—Any eligible entity

2 that receives a grant under subsection (a)(1) may use the

3 grant only—

4 (1) to establish or carry out a midnight sports

5 league program under subsection (d);

6 (2) for salaries for administrators and staff of

7 the program;

8 (3) for other administrative costs of the pro9 gram, except that not more than 5 percent of the

10 grant may be used for such administrative costs;

11 and

12 (4) for costs of training and assistance provided

13 under subsection (d)(9).

14 (d) PROGRAM REQUIREMENTS.—Each eligible entity

15 receiving a grant under subsection (a)(1) shall establish

16 a midnight sports league program as follows:

17 (1) The program shall establish a sports league

18 of not less than 8 teams having 10 players each.

19 (2) Not less than 50 percent of the players in

20 the sports league shall be residents of federally as21 sisted low-income housing.

22 (3) The program shall be designed to serve pri23 marily youths and young adults from a neighborhood

24 or community whose population has not less than 2
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1 of the following characteristics (in comparison with

2 national averages):

3 (A) A substantial problem regarding use or

4 sale of illegal drugs.

5 (B) A high incidence of crimes committed

6 by youths or young adults.

7 (C) A high incidence of persons infected

8 with the human immunodeficiency virus or sex9 ually transmitted diseases.

10 (D) A high incidence of pregnancy, or a

11 high birth rate, among adolescents.

12 (E) A high unemployment rate for youths

13 and young adults.

14 (F) A high rate of high school drop-outs.

15 (4) The program shall require each player in

16 the league to attend employment counseling, job

17 training, and other educational classes provided

18 under the program, which shall be held immediately

19 following the conclusion of league sports games at or

20 near the site of the games.

21 (5) The program shall serve only youths and

22 young adults who demonstrate a need for such coun23 seling, training, and education provided by the pro24 gram, in accordance with criteria for demonstrating

25 need, which shall be established by the Attorney
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1 General in consultation with the Secretary of Hous2 ing and Urban Development and the Secretary of

3 Labor, and with the Advisory Committee.

4 (6) Sports games of the league shall be held be5 tween the hours of 10:00 p.m. and 2:00 a.m. at a

6 location in the neighborhood or community served by

7 the program.

8 (7) The program shall obtain sponsors for each

9 team in the sports league. Sponsors shall be private

10 individuals or businesses in the neighborhood or

11 community served by the program who make finan12 cial contributions to the program and participate in

13 or supplement the employment, job training, and

14 educational services provided to the players under

15 the program with additional training or educational

16 opportunities.

17 (8) The program shall comply with any criteria

18 established by the Attorney General in consultation

19 with the Secretary of Housing and Urban Develop20 ment and with the Advisory Committee.

21 (9) Administrators or organizers of the pro22 gram shall receive training and technical assistance

23 provided by eligible advisory entities receiving grants

24 under subsection (h).

25 (e) GRANT AMOUNT LIMITATIONS.—
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1 (1) PRIVATE CONTRIBUTIONS.—The Attorney

2 General, in consultation with the Secretary of Hous3 ing and Urban Development, may not make a grant

4 under subsection (a)(1) to an eligible entity that ap5 plies for a grant under subsection (f) unless the ap6 plicant entity certifies to the Attorney General and

7 the Secretary that the entity will supplement the

8 grant amounts with amounts of funds from non9 Federal sources, as follows:

10 (A) In each of the first 2 years that

11 amounts from the grant are disbursed (under

12 paragraph (5)), an amount sufficient to provide

13 not less than 35 percent of the cost of carrying

14 out the midnight sports league program.

15 (B) In each of the last 3 years that

16 amounts from the grant are disbursed, an

17 amount sufficient to provide not less than 50

18 percent of the cost of carrying out the midnight

19 sports league program.

20 (2) NON-FEDERAL FUNDS.—For purposes of

21 this subsection, the term ‘‘funds from non-Federal

22 sources’’ includes amounts from nonprofit organiza23 tions, public housing agencies, States, units of gen24 eral local government, and Indian housing authori25 ties, private contributions, any salary paid to staff
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1 (other than from grant amounts under subsection

2 (a)(1)) to carry out the program of the eligible en3 tity, in-kind contributions to carry out the program

4 (as determined by the Attorney General, in consulta5 tion with the Secretary of Housing and Urban De6 velopment and with the Advisory Committee), the

7 value of any donated material, equipment, or build8 ing, the value of any lease on a building, the value

9 of any utilities provided, and the value of any time

10 and services contributed by volunteers to carry out

11 the program of the eligible entity.

12 (3) PROHIBITION ON SUBSTITUTION OF

13 FUNDS.—Grants made under subsection (a)(1), and

14 amounts provided by States and units of general

15 local government to supplement the grants, may not

16 be used to replace other public funds previously

17 used, or designated for use, under this section.

18 (4) MAXIMUM AND MINIMUM GRANT

19 AMOUNTS.—The Attorney General, in consultation

20 with the Secretary of Housing and Urban Develop21 ment, may not make a grant under subsection (a)(1)

22 to any single eligible entity in an amount less than

23 $50,000 or exceeding $125,000.

24 (5) DISBURSEMENT.— Each grant made under

25 subsection (a)(1) shall be disbursed to the eligible
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1 entity receiving the grant over the 5-year period be2 ginning on the date that the entity is selected to re3 ceive the grant, as follows:

4 (A) In each of the first 2 years of such 5-

5 year period, 23 percent of the total grant

6 amount shall be disbursed to the entity.

7 (B) In each of the last 3 years of such 5-

8 year period, 18 percent of the total grant

9 amount shall be disbursed to the entity.

10 (f) APPLICATIONS.—To be eligible to receive a grant

11 under subsection (a)(1), an eligible entity shall submit to

12 the Attorney General an application in the form and man13 ner required by the Attorney General (after consultation

14 with the Secretary of Housing and Urban Development

15 and with the Advisory Committee), which shall include—

16 (1) a description of the midnight sports league

17 program to be carried out by the entity, including a

18 description of the employment counseling, job train19 ing, and other educational services to be provided;

20 (2) letters of agreement from service providers

21 to provide training and counseling services required

22 under subsection (d) and a description of such serv23 ice providers;

24 (3) letters of agreement providing for facilities

25 for sports games and counseling, training, and edu-
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1 cational services required under subsection (d) and

2 a description of the facilities;

3 (4) a list of persons and businesses from the

4 community served by the program who have ex5 pressed interest in sponsoring, or have made com6 mitments to sponsor, a team in the midnight sports

7 league; and

8 (5) evidence that the neighborhood or commu9 nity served by the program meets the requirements

10 of subsection (d)(3).

11 (g) SELECTION.—The Attorney General, in consulta12 tion with the Secretary of Housing and Urban Develop13 ment and with the Advisory Committee, shall select eligi14 ble entities that submit applications under subsection (f)

15 to receive grants under subsection (a)(1). The Attorney

16 General, in consultation with the Secretary of Housing

17 and Urban Development and with the Advisory Commit18 tee, shall establish criteria for selection of applicants to

19 receive such grants. The criteria shall include a preference

20 for selection of eligible entities carrying out midnight

21 sports league programs in suburban and rural areas.

22 (h) TECHNICAL ASSISTANCE GRANTS.—Technical as23 sistance under subsection (a)(2) shall be made as follows:
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1 (1) ELIGIBLE ADVISORY ENTITIES.—Technical

2 assistance grants may be made only to entities

3 that—

4 (A) are experienced and have expertise in

5 establishing, operating, or administering suc6 cessful and effective programs for—

7 (i) midnight sports; and

8 (ii) employment, job training, and

9 educational services;

10 similar to the programs under subsection (d);

11 and

12 (B) have provided technical assistance to

13 other entities regarding establishment and oper14 ation of such programs.

15 (2) Use.—Amounts received under technical as16 sistance grants shall be used to establish centers for

17 providing technical assistance to entities receiving

18 grants under subsection (a)(1) of this section and

19 section 520(a) of the Cranston-Gonzalez National

20 Affordable Housing Act (42 U.S.C. 11903a(a)) re21 garding establishment, operation, and administration

22 of effective and successful midnight sports league

23 programs under this subsection.

24 (3) NUMBER AND AMOUNT.—To the extent that

25 amounts are provided in appropriations Acts pursu-
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1 ant to subsection (m)(2) in each year, the Attorney

2 General, in consultation with the Secretary of Hous3 ing and Urban Development, shall make technical

4 assistance grants under subsection (a)(2). In each

5 fiscal year that such amounts are available the At6 torney General, in consultation with the Secretary of

7 Housing and Urban Development, shall make 2 such

8 grants, as follows:

9 (A) One grant shall be made to an eligible

10 advisory entity for development of midnight

11 sports league programs in public housing

12 projects.

13 (B) One grant shall be made to an eligible

14 advisory entity for development of midnight

15 sports league programs in suburban or rural

16 areas.

17 Each grant shall be in an amount not exceeding

18 $50,000.

19 (i) ADVISORY COMMITTEE.—The Attorney General,

20 in consultation with the Secretary of Housing and Urban

21 Development, shall appoint an Advisory Committee to as22 sist in providing grants under this subsection. The Advi23 sory Committee shall be composed of not more than 7

24 members, as follows:
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1 (1) Not fewer than 2 individuals who are in2 volved in managing or administering midnight sports

3 programs that the Attorney General determines have

4 been successful and effective. Such individuals may

5 not be involved in a program assisted under this

6 subsection or a member or employee of an eligible

7 advisory entity that receives a technical assistance

8 grant under subsection (a)(2).

9 (2) A representative of the Office for Substance

10 Abuse Prevention of the Public Health Service, De11 partment of Health and Human Services, who is in12 volved in administering the grant program for pre13 vention, treatment, and rehabilitation model projects

14 for high risk youth under section 517 of the Public

15 Health Service Act (42 U.S.C. 290bb-23), who shall

16 be selected by the Secretary of Health and Human

17 Services.

18 (3) A representative of the Department of Edu19 cation, who shall be selected by the Secretary of

20 Education.

21 (4) A representative of the Department of

22 Health and Human Services, who shall be selected

23 by the Secretary of Health and Human Services

24 from among officers and employees of the Depart25 ment involved in issues relating to high-risk youth.
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1 (5) A representative of the Department of

2 Labor, who shall be selected by the Secretary of

3 Labor.

4 (j) REPORTS.—The Attorney General, in consultation

5 with the Secretary of Housing and Urban Development,

6 shall require each eligible entity receiving a grant under

7 subsection (a)(1) and each eligible advisory entity receiv8 ing a grant under subsection (a)(2) to submit for each

9 year in which grant amounts are received by the entity,

10 a report describing the activities carried out with such

11 amounts.

12 (k) STUDY.—To the extent amounts are provided

13 under appropriation Acts pursuant to subsection (m)(3),

14 the Attorney General, in consultation with the Secretary

15 of Housing and Urban Development, shall make a grant

16 to one entity qualified to carry out a study under this sub17 section. The entity shall use such grant to carry out a

18 scientific study of the effectiveness of midnight sports

19 league programs under subsection (d) of eligible entities

20 receiving grants under subsection (a)(1). The Attorney

21 General, in consultation with the Secretary of Housing

22 and Urban Development, shall require such entity to sub23 mit a report describing the study and any conclusions and

24 recommendations resulting from the study to the Congress

25 and the Attorney General and the Secretary not later than
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1 the expiration of the 2-year period beginning on the date

2 that the grant under this subsection is made.

3 (l) DEFINITIONS.—For purposes of this section—

4 (1) the term ‘‘Advisory Committee’’ means the

5 Advisory Committee established under subsection (i);

6 (2) the term ‘‘eligible advisory entity’’ means an

7 entity meeting the requirements under subsection

8 (h)(1);

9 (3) the term ‘‘eligible entity’’ means an entity

10 described under subsection (b)(1); and

11 (4) the term ‘‘federally assisted low-income

12 housing’’ has the meaning given the term in section

13 5126 of the Public and Assisted Housing Drug

14 Elimination Act of 1990.

15 (m) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated—

17 (1) for grants under subsection (a)(1),

18 $2,500,000 in each of fiscal years 1995 and 1996;

19 (2) for technical assistance grants under sub20 section (a)(2), $100,000 in each of fiscal years 1995

21 and 1996; and

22 (3) for a study grant under subsection (k),

23 $250,000 in fiscal year 1995.
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1 Subtitle C—Rape Prevention

2 SEC. 321. EDUCATION AND PREVENTION GRANTS TO RE3 DUCE SEXUAL ASSAULTS AGAINST WOMEN.

4 The Director of the Bureau of Justice Assistance (re5 ferred to in this subtitle as the ‘‘Director’’) is authorized

6 to make grants—

7 (1) to provide educational seminars, particularly

8 developed with emphasis on seminars for elementary

9 and secondary school age children, designed to

10 change attitudes regarding rape and develop an

11 awareness of what acts may meet the legal definition

12 of rape;

13 (2) to provide programs for elementary and sec14 ondary school age children that teach nonviolent

15 conflict resolution, self defense or other relevant

16 skills;

17 (3) to operate telephone hotlines for callers with

18 questions regarding sexual assault and rape;

19 (4) to design and disseminate training pro20 grams for professionals, including the development

21 and dissemination of protocols for the routine identi22 fication, treatment, and appropriate referral of vic23 tims of sexual assault by hospital emergency person24 nel and other professionals;
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1 (5) to develop treatment programs for convicted

2 sex offenders and make such programs available in

3 the local community and in Federal and State pris4 ons.

5 (6) to prepare and disseminate informational

6 materials designed to educate the community regard7 ing sexual assault and prevention; and

8 (7) to develop other projects to increase aware9 ness and prevention of sexual assault, including ef10 forts to increase awareness of sexual assault preven11 tion among racial, ethnic, cultural and language mi12 norities.

13 SEC. 322. APPLICATIONS.

14 (a) IN GENERAL.—To be eligible to receive a grant

15 under this subtitle, a duly authorized representative of an

16 eligible entity shall submit an application to the Director

17 in such form and containing such information as the Di18 rector may reasonably require.

19 (b) ASSURANCES.—Each application must contain an

20 assurance that Federal funds received under this subtitle

21 shall be used to supplement, not supplant, non-Federal

22 funds that would otherwise be available for activities fund23 ed under this subtitle.

24 (c) REQUIRED PLAN.—Each application shall include

25 a plan that contains—
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1 (1) a description of the projects to be devel2 oped;

3 (2) a description of how funds would be spent;

4 (3) a statement of staff qualifications and dem5 onstrated expertise in the field of rape prevention

6 and education; and

7 (4) a statement regarding the ability to serve

8 community needs and language minority populations

9 in providing ethnically and culturally appropriate

10 programs where necessary.

11 SEC. 323. REPORTS.

12 (a) GRANTEE REPORTING.—Upon completion of the

13 grant period under this part, each grantee shall file a per14 formance report with the Director explaining the activities

15 carried out together with an assessment of the effective16 ness of such activities in achieving the purposes of this

17 part. The Director shall suspend funding for an approved

18 application if an applicant fails to submit an annual per19 formance report.

20 (b) BUREAU REPORTING.—Not later than 180 days

21 after the end of each fiscal year for which grants are made

22 under this part, the Director shall submit to the Congress

23 a report that includes, for each grantee—

24 (1) the amount of grants made under this part;
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1 (2) a summary of the purposes for which grants

2 were provided and an evaluation of progress; and

3 (3) a copy of each grantee report filed pursuant

4 to subsection (a).

5 SEC. 324. RAPE EXAM PAYMENTS.

6 (a) RESTRICTION OF FUNDS.—No State is entitled

7 to funds under this Act unless the State or other grantee

8 incurs the full cost of forensic medical exams for victims

9 of sexual assault.

10 (b) MEDICAL COSTS.—A State shall be deemed to

11 incur the full medical cost of forensic medical exams for

12 victims of sexual assault if such State—

13 (1) provides such exams to victims free of

14 charge to the victim;

15 (2) arranges for victims to obtain such exams

16 free of charge to the victim; or

17 (3) reimburses victims for the cost of such

18 exams, if—

19 (A) the reimbursement covers the full cost

20 of such exams, without any deductible require21 ment or limit on the amount of a reimburse22 ment;

23 (B) the State permits victims to apply for

24 reimbursement for at least one year from the

25 date of the exam;
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1 (C) the State provides reimbursement not

2 later than 90 days after written notification of

3 the victim’s expense; and

4 (D) the State provides information at the

5 time of the exam to all victims, including vic6 tims with limited or no English proficiency, re7 garding how to obtain reimbursement.

8 SEC. 325. DEFINITIONS.

9 For purposes of this subtitle—

10 (1) the term ‘‘eligible entity’’ means a non-prof11 it, nongovernmental organization that directly serves

12 or provides advocacy on behalf of victims of rape or

13 sexual assault; and

14 (2) the term ‘‘sexual assault prevention and

15 education’’ means education and prevention efforts

16 directed at reducing the number of sexual assaults.

17 SEC. 326. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated to carry out

19 the purposes of this subtitle, $60,000,000 for fiscal year

20 1995, $75,000,000 for fiscal year 1996, and

21 $100,000,000 for fiscal year 1997.
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1 TITLE IV—STRATEGIES TO

2 COMBAT RECIDIVISM

3 Subtitle A—Family Unity

4 Demonstration Project

5 CHAPTER 1—GENERAL PROVISIONS

6 SEC. 401. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds the following:

8 (1) An increasing number of children are be9 coming separated from their primary caretaker par10 ents due to the incarceration of such parents in pris11 ons and jails.

12 (2) This separation of children from their pri13 mary caretaker parents can cause irreparable harm

14 to the children’s psychological well-being and hinder

15 their growth and development.

16 (3) A significant number of children are born

17 shortly before or during the incarceration of their

18 mothers and are then quickly separated from their

19 mothers, preventing the parent-child bonding that is

20 crucial to developing in children a sense of security

21 and trust.

22 (4) Maintaining close relationships with their

23 children provides a powerful incentive for prisoners

24 to participate in and successfully benefit from reha25 bilitative programs.
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1 (5) Maintaining strong family ties during im2 prisonment has been shown to decrease recidivism,

3 thereby reducing prison costs.

4 (b) PURPOSES.—The purposes of this subtitle are—

5 (1) to create demonstration projects designed to

6 alleviate the harm to children and primary caretaker

7 parents caused by separation due to the incarcer8 ation of such parents,

9 (2) to promote development of policies to assign

10 prisoners whenever possible to correctional facilities

11 for which they qualify closest to their family homes,

12 (3) to reduce prison populations,

13 (4) to reduce recidivism rates of prisoners by

14 encouraging strong and supportive family relation15 ships, and

16 (5) to reduce the cost of providing correctional

17 services and maintaining traditional correctional fa18 cilities by decreasing recidivism and maintaining

19 community correctional facilities at lower cost.

20 SEC. 402. DEFINITIONS.

21 For purposes of this subtitle:

22 (1) ATTORNEY GENERAL.—The term ‘‘Attorney

23 General’’ means the Attorney General of the United

24 States.
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1 (2) CHILD.—The term ‘‘child’’ means an indi2 vidual who is less than 6 years of age.

3 (3) COMMUNITY CORRECTIONAL FACILITY.—

4 The term ‘‘community correctional facility’’ means a

5 residential facility that—

6 (A) is used only for eligible prisoners and

7 their children,

8 (B) is neither physically part of, nor in the

9 vicinity of, a jail or prison,

10 (C) is located in a nonrural area,

11 (D) has a maximum capacity of 25 pris12 oners in addition to their children, and

13 (E) provides to residents—

14 (i) a safe, wholesome, stable, caring,

15 and stimulating environment for children,

16 under the supervision of child development

17 professionals,

18 (ii) pediatric and adult medical care

19 consistent with medical standards,

20 (iii) culturally sensitive programs to

21 improve the stability of the parent-child re22 lationship, including educating parents re23 garding—

24 (I) child development, and

25 (II) household management,
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1 (iv) alcoholism and drug addiction

2 treatment for prisoners and age-appro3 priate substance abuse education for their

4 children, and

5 (v) programs and support services to

6 help residents—

7 (I) to improve and maintain men8 tal and physical health, including ac9 cess to counseling and other commu10 nity services,

11 (II) to obtain adequate housing

12 upon release from State incarceration,

13 (III) to obtain suitable education,

14 employment, or training for employ15 ment, and

16 (IV) to obtain suitable child care.

17 (4) ELIGIBLE PRISONER.—The term ‘‘eligible

18 prisoner’’ means a primary caretaker parent who—

19 (A) is sentenced to a term of imprisonment

20 of not more than 10 years,

21 (B) is incarcerated currently to serve such

22 sentence,

23 (C) is not eligible currently for probation

24 or parole until the expiration of a period ex25 ceeding 180 days, and
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1 (D) has never been convicted of—

2 (i) homicide,

3 (ii) inflicting, or threatening to inflict,

4 serious bodily injury on another individual,

5 for which the term of imprisonment ex6 ceeds 1 year,

7 (iii) kidnapping,

8 (iv) child neglect or mental, physical,

9 or sexual abuse of a child,

10 (v) forcible rape, or

11 (vi) sodomy or oral copulation, by

12 force.

13 (5) INSTITUTE.—The term ‘‘Institute’’ means

14 the National Institute of Corrections.

15 (6) PRIMARY CARETAKER PARENT.—The term

16 ‘‘primary caretaker parent’’ means—

17 (A) a parent who—

18 (i) has exclusive legal custody of a

19 child, and

20 (ii) before incarceration, assumed re21 sponsibility for the housing (including tem22 porary placement in the home of a respon23 sible adult), health, and safety of such par24 ent’s child, or
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1 (B) a woman who gives birth to a child

2 during, or in the 1-year period preceding, the

3 term for which such woman is currently incar4 cerated.

5 (7) STATE.—The term ‘‘State’’ means any of

6 the several States or the District of Columbia.

7 SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

8 (a) AUTHORIZATION.—There is authorized to be ap9 propriated $8,000,000 for each of the fiscal years 1995,

10 1996, 1997, 1998, and 1999 to carry out this subtitle.

11 (b) AVAILABILITY OF APPROPRIATIONS.—Of the

12 amount appropriated under subsection (a) for any fiscal

13 year—

14 (1) 80 percent shall be available to carry out

15 chapter 2, and

16 (2) 20 percent shall be available to carry out

17 chapter 3.

18 CHAPTER 2—GRANTS TO STATES

19 SEC. 411. AUTHORITY TO MAKE GRANTS.

20 (a) GENERAL AUTHORITY.—The Director of the In21 stitute is authorized to make grants, on a competitive

22 basis, to States to carry out in accordance with this chap23 ter family unity demonstration projects that enable eligible

24 prisoners to live in community correctional facilities with

25 their children.
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1 (b) PREFERENCE.—For the purpose of making

2 grants under subsection (a), the Institute shall give pref3 erence to any eligible State that includes in the application

4 required by section 332 assurances that if such State re5 ceives such a grant—

6 (1) both the State corrections agency and the

7 State health and human services agency will partici8 pate substantially in, and cooperate closely in all as9 pects of, the development and operation of the fam10 ily unity demonstration project for which such a

11 grant is requested,

12 (2) public and nonprofit private community13 based organizations will be integrally involved in car14 rying out such project, both in an advisory capacity

15 and as contractors,

16 (3) boards made up of community residents,

17 local businesses, corrections officials, former pris18 oners, child development professionals, educators,

19 and maternal and child health professionals will be

20 established to advise the State regarding the oper21 ation of such project,

22 (4) the State will show a commitment to using

23 community placement as an alternative to traditional

24 incarceration, to decrease the prison population and
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1 not as an alternative to placement in halfway

2 houses,

3 (5) the State will target economically disadvan4 taged, incarcerated prisoners and their children for

5 participation in such project,

6 (6) the State has in effect a policy that provides

7 for the placement of all prisoners, whenever possible,

8 in correctional facilities for which they qualify that

9 are located closest to their respective family homes,

10 (7) the State will implement such project not

11 later than 180 days after receiving a grant under

12 subsection (a) and will expend all of such grant dur13 ing a 1-year period, and

14 (8) for the purpose of selecting eligible pris15 oners to participate in such project, the State will—

16 (A) give written notice to a prisoner, not

17 later than 30 days after the State first receives

18 a grant under subsection (a) or 30 days after

19 such prisoner is sentenced to a term of impris20 onment of not more than 10 years (whichever

21 is later), of the proposed or current operation

22 of such project, as the case may be,

23 (B) accept at any time such project is in

24 operation an application by such prisoner to

25 participate in such project if, at the time of ap-
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1 plication, the remainder of the sentence of such

2 prisoner exceeds 180 days,

3 (C) review applications by prisoners in the

4 sequence in which the State receives such appli5 cations,

6 (D) not less than 10 days before reviewing

7 a particular application to participate in such

8 project, the State will give to the prisoner who

9 submitted such application and to each care10 taker, custodian, or guardian of the child of

11 such prisoner written notice that—

12 (i) the State will review such applica13 tion,

14 (ii) for the purpose of such review,

15 there is a rebuttable presumption that it is

16 in the best interest of such child to resume

17 living with such prisoner if such applica18 tion is approved, and

19 (iii) the State will accept from the re20 cipients of such notice comments with re21 spect to such application, and

22 (E) not more than 40 days after giving

23 such notice—

24 (i) approve or disapprove such appli25 cation, and
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1 (ii) give such prisoner and such care2 taker, custodian, or guardian written no3 tice of, and a statement of the reasons for,

4 the approval or disapproval of such appli5 cation.

6 (c) SELECTION OF GRANTEES.—The Institute shall

7 make grants under subsection (a) on a competitive basis,

8 based on such criteria as the Institute shall issue by rule

9 and taking into account the preference required by sub10 section (b).

11 (d) NUMBER OF GRANTS.—In any fiscal year for

12 which funds are available to carry out this chapter, the

13 Institute shall make grants to 5 eligible States geographi14 cally dispersed throughout all regions of the United

15 States.

16 SEC. 412. ELIGIBILITY TO RECEIVE GRANTS.

17 To be eligible to receive a grant under section 421(a),

18 a State shall submit to the Institute an application at such

19 time, in such form, and containing such information, as

20 the Institute reasonably may require by rule.

21 SEC. 413. REPORT.

22 Each State that receives a grant under this chapter

23 shall submit a report to the Institute regarding the family

24 unity demonstration project for which such grant is ex25 pended. Such report shall be submitted not later than 90
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1 days after the 1-year period in which such grant is re2 quired to be expended. Such report shall—

3 (1) specify the number of prisoners who submit4 ted, in such 1-year period, applications to participate

5 in such project and the number of prisoners who

6 were placed in such project,

7 (2) specify, with respect to prisoners placed in

8 such project, the number of prisoners who returned

9 from such project to prison or jail,

10 (3) give a description of the nature and scope

11 of educational and training activities provided to

12 prisoners participating in such project, and

13 (4) specify the number, and describe the scope

14 of, contracts made with public and nonprofit private

15 community-based organizations to carry out such

16 project.

17 CHAPTER 3—FAMILY UNITY DEMONSTRA18 TION PROJECT FOR FEDERAL PRIS19 ONERS

20 SEC. 421. AUTHORITY OF THE ATTORNEY GENERAL.

21 With funds available to carry out this chapter for the

22 benefit of federal prisoners and acting through the Bureau

23 of Prisons, the Attorney General shall carry out a family

24 unity demonstration project that enables eligible prisoners
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1 to live in community correctional facilities with their chil2 dren.

3 SEC. 422. REQUIREMENTS.

4 For the purpose of carrying out a family unity dem5 onstration project under section 421, the Attorney General

6 shall—

7 (1) comply with the requirements specified in

8 paragraphs (2), (3), (4), (5), (7), and (8) of section

9 411(b) to the extent a recipient of a grant under

10 section 421(a) is required to comply with such

11 requirements,

12 (2) consult with the Secretary of Health and

13 Human Services regarding the development and op14 eration of such project, and

15 (3) submit to the National Institute of Correc16 tions a report of the kind described, and at the time

17 specified, in section 413 regarding the operation of

18 such project.

19 Subtitle B—Drug Rehabilitation for

20 Federal Prisoners

21 SEC. 431. SHORT TITLE.

22 This subtitle may be cited as the ‘‘Drug Treatment

23 in Federal Prisons Act of 1993’’.

24 SEC. 432. DEFINITIONS.

25 As used in this subtitle—
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1 (1) the term ‘‘residential substance abuse treat2 ment’’ means a course of individual and group ac3 tivities, lasting between 9 and 12 months, in residen4 tial treatment facilities set apart from the general

5 prison population—

6 (A) directed at the substance abuse prob7 lems of the prisoner;

8 (B) intended to develop a prisoner’s cog9 nitive, behavioral, social, vocational, and other

10 skills so as to solve the prisoner’s substance

11 abuse and related problems; and

12 (C) shall include—

13 (i) addiction education;

14 (ii) individual, group, and family

15 counseling pursuant to individualized treat16 ment plans;

17 (iii) opportunity for involvement in Al18 coholics Anonymous, Narcotics Anony19 mous, or Cocaine Anonymous;

20 (iv) parenting skills training, domestic

21 violence counseling, and sexual abuse coun22 seling, where appropriate;

23 (v) HIV education, counseling and

24 testing, when requested, and early inter-
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1 vention services for seropositive individ2 uals;

3 (vi) services that facilitate access to

4 health and social services, where appro5 priate and to the extent available; and

6 (vii) planning for and counseling to

7 assist reentry into society, including refer8 rals to appropriate educational, vocational,

9 and other employment-related programs

10 (to the extent available), referrals to ap11 propriate outpatient or other drug or alco12 hol treatment, counseling, transitional

13 housing, and assistance in obtaining suit14 able affordable housing and employment

15 upon discharge.

16 (2) the term ‘‘eligible prisoner’’ means a pris17 oner who is—

18 (A) determined by the Bureau of Prisons

19 to have a substance abuse problem; and

20 (B) willing to participate in a residential

21 abuse treatment program;

22 (3) the term ‘‘aftercare services’’ means a

23 course of individual and group treatment for a mini24 mum of one year involving sustained and frequent

25 interaction between the program and with individ-
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1 uals who have successfully completed a program of

2 residential substance abuse treatment, and shall in3 clude consistent personal interaction between the in4 dividual and a primary counselor or case manager,

5 participation in group and individual counseling ses6 sions, social activities targeted toward a recovering

7 substance abuser, and, where appropriate, more in8 tensive intervention; and

9 (4) the term ‘‘substance abuse’’ means the

10 abuse of drugs or alcohol.

11 SEC. 433. IMPLEMENTATION OF SUBSTANCE ABUSE TREAT12 MENT REQUIREMENT.

13 (a) IN GENERAL.—In order to carry out the require14 ment of the last sentence of section 3621(b) of title 18,

15 United States Code, that every prisoner with a substance

16 abuse problem have the opportunity to participate in ap17 propriate substance abuse treatment, the Bureau of Pris18 ons shall provide residential substance abuse treatment—

19 (1) for not less than 50 percent of eligible pris20 oners by the end of fiscal year 1993;

21 (2) for not less than 75 percent of eligible pris22 oners by the end of fiscal year 1994; and

23 (3) for all eligible prisoners by the end of fiscal

24 year 1995 and thereafter.
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1 (b) PREFERENCE FOR COMMUNITY-BASED PRO2 GRAMS.—Residential substance abuse treatment services

3 shall be provided, to the greatest extent possible, by com4 munity-based drug and alcohol treatment programs.

5 (c) INCENTIVE FOR PRISONERS’ SUCCESSFUL COM6 PLETION OF TREATMENT PROGRAM.—Section 3621 of

7 title 18, United States Code, is amended by adding at the

8 end the following:

9 ‘‘(e) INCENTIVE FOR PRISONERS’ SUCCESSFUL COM10 PLETION OF TREATMENT PROGRAM.—

11 ‘‘(1) IN GENERAL.—Any prisoner who, in the

12 judgment of the Director of the Bureau of Prisons,

13 can benefit by aftercare services or other post-incar14 ceration programs shall remain in the custody of the

15 Bureau for such time (as limited by paragraph (2)

16 of this subsection) and under such conditions, as the

17 Bureau deems appropriate.

18 ‘‘(2) PERIOD OF CUSTODY.—The period the

19 prisoner remains in custody pursuant to paragraph

20 (1) of this subsection shall not exceed the prison

21 term the law would otherwise require such prisoner

22 to serve, but may not be less than such term minus

23 one year.

24 ‘‘(3) DRUG TESTING.—If the conditions of con25 finement include custody outside a correctional facil-
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1 ity, the Bureau shall, in the case of those prisoners

2 identified as having a substance abuse problem, and

3 may, in the case of other prisoners, periodically test

4 the prisoner for substance abuse and discontinue

5 such conditions on determining that substance abuse

6 has occurred.

7 ‘‘(4) AFTERCARE SERVICES.—The Bureau of

8 Prisons shall provide appropriate aftercare services

9 for those prisoners who have successfully completed

10 a program of residential substance abuse treatment

11 provided under subsection (b) of this section.’’.

12 SEC. 434. REPORT.

13 The Bureau of Prisons shall transmit to the Congress

14 on January 1, 1996, and on January 1 of each year there15 after, a report. Such report shall contain—

16 (1) a detailed quantitative and qualitative de17 scription of each substance abuse treatment pro18 gram, residential or not, operated by the Bureau;

19 (2) a full explanation of how eligibility for such

20 programs is determined, with complete information

21 on what proportion of prisoners with substance

22 abuse problems are eligible; and

23 (3) a complete statement of to what extent the

24 Bureau has achieved compliance with the require25 ments of this Act.
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1 SEC. 435. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated for fiscal

3 year 1995 and each fiscal year thereafter such sums as

4 may be necessary to carry out the provisions of this sub5 title.

6 Subtitle C—Drug Rehabilitation for

7 State Prisoners

8 SEC. 441. SHORT TITLE.

9 This subtitle may be cited as the ‘‘Substance Abuse

10 Treatment in State Prisons Act of 1993’’.

11 SEC. 442. RESIDENTIAL SUBSTANCE ABUSE TREATMENT

12 FOR PRISONERS.

13 (a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT

14 FOR PRISONERS.—Title I of the Omnibus Crime Control

15 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

16 is amended—

17 (1) by redesignating part U as part V;

18 (2) by redesignating section 2101 as section

19 2201; and

20 (3) by inserting after part T the following:

21 ‘‘PART U—RESIDENTIAL SUBSTANCE ABUSE

22 TREATMENT FOR PRISONERS

23 ‘‘SEC. 2101. GRANT AUTHORIZATION.

24 ‘‘The Director of the Bureau of Justice Assistance

25 (referred to in this part as the ‘Director’) may make

26 grants under this part to States, for the use by States
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1 for the purpose of developing and implementing residential

2 substance abuse treatment programs within State correc3 tional facilities.

4 ‘‘SEC. 2102. STATE APPLICATIONS.

5 ‘‘(a) IN GENERAL.—(1) To request a grant under

6 this part the chief executive of a State shall submit an

7 application to the Director in such form and containing

8 such information as the Director may reasonably require.

9 ‘‘(2) Such application shall include assurances that

10 Federal funds received under this part shall be used to

11 supplement, not supplant, non-Federal funds that would

12 otherwise be available for activities funded under this part.

13 ‘‘(3) Such application shall coordinate the design and

14 implementation of treatment programs between State cor15 rectional representatives and the State Alcohol and Drug

16 Abuse agency.

17 ‘‘(4) Such application shall include assurances that

18 residential substance abuse treatment services shall be

19 provided, to the greatest extent possible, through contracts

20 with community-based drug and alcohol treatment pro21 grams.

22 ‘‘(b) DRUG TESTING REQUIREMENT.—To be eligible

23 to receive funds under this part, a State must agree to

24 implement or continue to require urinalysis or similar test25 ing of individuals in correctional residential substance
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1 abuse treatment programs. Such testing shall include indi2 viduals released from residential substance abuse treat3 ment programs who remain in the custody of the State.

4 ‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER

5 CARE COMPONENT.—

6 ‘‘(1) To be eligible for a preference under this

7 part, a State must ensure that individuals who par8 ticipate in the substance abuse treatment program

9 established or implemented with assistance provided

10 under this part will be provided with aftercare serv11 ices.

12 ‘‘(2) State aftercare services must involve the

13 coordination of the prison treatment program with

14 other human service and rehabilitation programs,

15 such as educational and job training programs, pa16 role supervision programs, half-way house programs,

17 and participation in self-help and peer group pro18 grams, that may aid in the rehabilitation of individ19 uals in the substance abuse treatment program.

20 ‘‘(3) To qualify as an aftercare program, the

21 head of the substance abuse treatment program, in

22 conjunction with State and local authorities and or23 ganizations involved in substance abuse treatment or

24 offender management, shall assist in placement of

25 substance abuse treatment program participants
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1 with appropriate community substance abuse treat2 ment facilities when such individuals leave prison at

3 the end of a sentence or on parole.

4 ‘‘(d) STATE OFFICE.—The office designated under

5 section 507 of title I of the Omnibus Crime Control and

6 Safe Streets Act of 1968 (42 U.S.C. 3757)—

7 ‘‘(1) shall prepare the application as required

8 under section 2102; and

9 ‘‘(2) shall administer grant funds received

10 under this part, including, review of spending, proc11 essing, progress, financial reporting, technical assist12 ance, grant adjustments, accounting, auditing, and

13 fund disbursement.

14 ‘‘SEC. 2103. REVIEW OF STATE APPLICATIONS.

15 ‘‘(a) IN GENERAL.—The Bureau shall make a grant

16 under section 1901 to carry out the projects described in

17 the application submitted under section 2102 upon deter18 mining that—

19 ‘‘(1) the application is consistent with the re20 quirements of this part; and

21 ‘‘(2) before the approval of the application the

22 Bureau has made an affirmative finding in writing

23 that the proposed project has been reviewed in ac24 cordance with this part.
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1 ‘‘(b) APPROVAL.—Each application submitted under

2 section 1902 shall be considered approved, in whole or in

3 part, by the Bureau not later than 45 days after first re4 ceived unless the Bureau informs the applicant of specific

5 reasons for disapproval.

6 ‘‘(c) RESTRICTION.—Grant funds received under this

7 part shall not be used for land acquisition or construction

8 projects.

9 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER10 ATION.—The Bureau shall not disapprove any application

11 without first affording the applicant reasonable notice and

12 an opportunity for reconsideration.

13 ‘‘SEC. 2104. ALLOCATION AND DISTRIBUTION OF FUNDS.

14 ‘‘(a) ALLOCATION.—Of the total amount appro15 priated under this part in any fiscal year—

16 ‘‘(1) 0.4 percent shall be allocated to each of

17 the participating States; and

18 ‘‘(2) of the total funds remaining after the allo19 cation under paragraph (1), there shall be allocated

20 to each of the participating States an amount which

21 bears the same ratio to the amount of remaining

22 funds described in this paragraph as the State pris23 on population of such State bears to the total prison

24 population of all the participating States.
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1 ‘‘(b) FEDERAL SHARE.—The Federal share of a

2 grant made under this part may not exceed 75 percent

3 of the total costs of the projects described in the applica4 tion submitted under section 2102 for the fiscal year for

5 which the projects receive assistance under this part.

6 ‘‘SEC. 2105. EVALUATION.

7 ‘‘Each State that receives a grant under this part

8 shall submit to the Director an evaluation not later than

9 March 1 of each year in such form and containing such

10 information as the Director may reasonably require.’’.

11 (b) CONFORMING AMENDMENT.—The table of con12 tents of title I of the Omnibus Crime Control and Safe

13 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

14 by striking the matter relating to part U and inserting

15 the following:

‘‘PART U—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS

‘‘Sec. 2101. Grant authorization.

‘‘Sec. 2102. State applications.

‘‘Sec. 2103. Review of State applications.

‘‘Sec. 2104. Allocation and distribution of funds.

‘‘Sec. 2105. Evaluation.

‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2201. Continuation of rules, authorities, and proceedings.’’.

16 (c) DEFINITIONS.—Section 901(a) of the Omnibus

17 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

18 3791(a)) is amended by adding after paragraph (25) the

19 following:
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1 ‘‘(26) The term ‘residential substance abuse

2 treatment program’ means a course of individual

3 and group activities, lasting between 9 and 12

4 months, in residential treatment facilities set apart

5 from the general prison population—

6 ‘‘(A) directed at the substance abuse prob7 lems of the prisoner;

8 ‘‘(B) intended to develop the prisoner’s

9 cognitive, behavioral, social, vocational, and

10 other skills so as to solve the prisoner’s sub11 stance abuse and related problems; and

12 ‘‘(C) shall include—

13 ‘‘(i) addiction education;

14 ‘‘(ii) individual, group, and family

15 counseling pursuant to individualized treat16 ment plans;

17 ‘‘(iii) opportunity for involvement in

18 Alcoholics Anonymous, Narcotics Anony19 mous, or Cocaine Anonymous;

20 ‘‘(iv) parenting skills training, domes21 tic violence counseling, and sexual abuse

22 counseling, where appropriate;

23 ‘‘(v) HIV education, counseling and

24 testing, when requested, and early inter-
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1 vention services for seropositive individ2 uals;

3 ‘‘(vi) services that facilitate access to

4 health and social services, where appro5 priate and to the extent available; and

6 ‘‘(vii) planning for and counseling to

7 assist reentry into society, including refer8 rals to appropriate educational, vocational,

9 and other employment-related programs

10 (to the extent available), referrals to ap11 propriate outpatient or other drug or alco12 hol treatment, counseling, transitional

13 housing, and assistance in obtaining suit14 able affordable housing and employment

15 upon discharge.

16 ‘‘(27) The term ‘substance abuse’ means the

17 abuse of drugs or alcohol.

18 ‘‘(28) The term ‘aftercare services’ means a

19 course of individual and group treatment for a mini20 mum of one year involving sustained and frequent

21 interaction between the program and with individ22 uals who have participated in or successfully com23 pleted a program of residential substance abuse

24 treatment, and shall include consistent personal

25 interaction between the individual and a primary
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1 counselor or case manager, participation in group

2 and individual counseling sessions, social activities

3 targeted toward a recovering substance abuser, and

4 where appropriate, more intensive intervention.’’.

5 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

6 1001(a) of title I of the Omnibus Crime Control and Safe

7 Streets Act of 1968 (42 U.S.C. 3793), as amended by sec8 tion 302 of this Act, is amended by adding after para9 graph (14) the following:

10 ‘‘(15) There are authorized to be appropriated

11 $100,000,000 for each of the fiscal years 1995, 1996, and

12 1997 to carry out the projects under part U.’’.

13 Subtitle D—Alternatives to

14 Incarceration

15 CHAPTER 1—GRANTS

16 SEC. 451. GRANT AUTHORIZATION.

17 The Director of the Bureau of Justice Assistance is

18 authorized to make grants to States, units of local govern19 ment, court systems, district attorneys, and private non20 profit organizations to establish or expand, sentencing op21 tions in addition to existing incarceration and probation

22 programs for offenders who would otherwise be sentenced

23 to incarceration.
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1 SEC. 452. USE OF FUNDS.

2 (a) IN GENERAL.—Grants received under this chap3 ter may be used to develop sentencing option projects that

4 may include the following programs—

5 (1) day fines;

6 (2) house arrest;

7 (3) electronic monitoring;

8 (4) intensive probation supervision;

9 (5) defense-based sentencing;

10 (6) day reporting centers;

11 (7) victim-offender reconciliation;

12 (8) shock incarceration; and

13 (9) substance abuse treatment in lieu of incar14 ceration, including treatment in a therapeutic com15 munity.

16 (b) COURT SYSTEM.—Court systems may receive a

17 grant to establish and implement these systems and to

18 train court personnel, including judges and district attor19 neys, regarding how to best utilize these programs.

20 (c) NONPROFIT GROUPS.—Nonprofit groups may re21 ceive funds to establish and implement community-based

22 programs that reflect community needs and draw on com23 munity resources and organizations.
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1 SEC. 453. GRANT APPLICATION.

2 (a) IN GENERAL.—Submit application in such form

3 and containing such information as the Director may rea4 sonably require.

5 (b) CONTENTS.—Each application shall contain—

6 (1) a request for funds;

7 (2) a description of areas and populations to be

8 served;

9 (3) a comprehensive plan that describes the

10 project and available resources, specifically, how a

11 determination will be made regarding eligible defend12 ants, who would otherwise be likely to receive sen13 tences of incarceration; and

14 (4) an evaluation component.

15 SEC. 454. GRANT TERMS.

16 (a) RENEWAL.—Grants may be renewed for up to 2

17 additional years after the first fiscal year a recipient re18 ceives an initial grant.

19 (b) FEDERAL SHARE.—Federal Share of a grant

20 made under this chapter not to exceed 75 percent of the

21 total costs.

22 SEC. 455. AWARD OF GRANTS.

23 In selecting applicants under this chapter, the Direc24 tor shall consider the following factors in descending order

25 of priority—
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1 (1) programs that make use of existing commu2 nity recourses;

3 (2) the need for the program and ability of an

4 applicant to provide elements of a program; and

5 (3) the geographical distribution with urban

6 settings represented.

7 SEC. 456. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated

9 $150,000,000 to carry out the projects under this chapter

10 for each of the fiscal years 1994, 1995, and 1996.

11 CHAPTER 2—SUBSTANCE ABUSE TREAT12 MENT ALTERNATIVES TO INCARCER13 ATION

14 SEC. 457. GRANT AUTHORIZATION.

15 (a) IN GENERAL.—The Director of the Bureau of

16 Justice Assistance is authorized to make grants to public

17 and nonprofit private entities to provide substance abuse

18 treatment to individuals who are not incarcerated, but are

19 under criminal justice supervision because of their status

20 as pretrial releasees, post-trial releasees, probationers, pa21 rolees, supervised releasees, or releasees with a deferred

22 prosecution.

23 (b) PRIORITY.—In awarding grants under subsection

24 (a), the Director shall give priority to programs commen25 surate with the extent to which such programs provide,
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•HR 3315 SC

1 directly or in conjunction with other public or private non2 profit entities, one or more of the following:

3 (1) A continuum of offender management serv4 ices as individuals enter, proceed through, and leave

5 the criminal justice system, including identification

6 and assessment, substance abuse treatment, and

7 continuing or aftercare services.

8 (2) Comprehensive treatment services for juve9 nile offenders.

10 (3) Comprehensive treatment services for fe11 male offenders.

12 (4) Comprehensive treatment services for indi13 viduals who have not been convicted previously of a

14 violent felony offense and would serve a mandatory

15 minimum sentence but for diversion into a substance

16 abuse treatment program.

17 (c) SUBSTANCE ABUSE TREATMENT SERVICES.—A

18 grantee shall provide the following substance abuse treat19 ment services:

20 (1) Addiction education.

21 (2) Individual, group, and family counseling

22 pursuant to individualized treatment plans.

23 (3) Opportunity for involvement in Alcoholics

24 Anonymous, Narcotics Anonymous, or Cocaine

25 Anonymous.
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1 (4) Parenting skills training, domestic violence

2 counseling, and sexual abuse counseling, where ap3 propriate.

4 (5) HIV education, counseling and testing,

5 when requested, and early intervention services for

6 seropositive individuals.

7 (6) Services that facilitate access to health and

8 social services, where appropriate and to the extent

9 available.

10 (7) Planning for and counseling to assist re11 entry into society, including referrals to appropriate

12 educational, vocational, and other employment-relat13 ed programs (to the extent available), referrals to

14 appropriate outpatient or other drug or alcohol

15 treatment, counseling, transitional housing, and as16 sistance in obtaining suitable affordable housing and

17 employment upon discharge.

18 SEC. 458. GRANT APPLICATION.

19 (a) IN GENERAL.—To request a grant, an applicant

20 must submit an application in such form and containing

21 such information as the Director may reasonably require.

22 (b) CONTENTS.—Each application shall contain—

23 (1) a request for funds;

24 (2) a description of populations to be served;
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1 (3) a comprehensive plan that describes the

2 project, and specifically, how a determination will be

3 made regarding eligible defendants who would other4 wise be likely to receive sentences of incarceration,

5 and actions that will be taken to apprehend individ6 uals who have violated the conditions for release by

7 not completing or complying with the substance

8 abuse treatment program;

9 (4) assurances that the Federal funds received

10 under this part shall be used to supplement, not

11 supplant, non-Federal funds that would otherwise be

12 available for activities funded under this subtitle;

13 (5) assurance that the substance abuse treat14 ment programs that will provide the services are li15 censed by the single State authority in the State re16 sponsible for drug and alcohol treatment services;

17 and

18 (6) an evaluation component.

19 SEC. 459. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated

21 $300,000,000 to carry out the projects under this chapter

22 for each of the fiscal years 1995, 1996, and 1997.
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1 Subtitle E—Voting Rights for

2 Former Offenders

3 SEC. 461. RIGHTS OF CITIZENS.

4 The right of a citizen of the United States, who other5 wise is qualified, to vote in any election for Federal office

6 shall not be denied or abridged because he has committed

7 a criminal offense unless such citizen is imprisoned in a

8 correctional institution or facility at the time of such elec9 tion.

10 SEC. 462. STATE REQUIREMENTS.

11 Nothing in this subtitle shall be construed to prohibit

12 the States from establishing requirements for the holding

13 of State or local elective office; nor from enacting any

14 State law which affords the right to vote in any election

15 for Federal office on terms less restrictive than those es16 tablished by this subtitle.

17 SEC. 463. FINES.

18 Whoever shall intentionally deny or attempt to deny

19 any person any right secured by this subtitle shall be fined

20 not more than $500, or imprisoned not more than one

21 year, or both.

22 SEC. 464. DEFINITIONS.

23 For purposes of this subtitle—

24 (1) the term ‘‘correctional institution or facil25 ity’’ means any prison, penitentiary, jail, or other in-
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1 stitution or facility for the confinement of individ2 uals convicted of criminal offenses, except that such

3 term does not include any residential community

4 treatment center (or similar public or private facil5 ity);

6 (2) the term ‘‘election’’ means (A) a general,

7 special, primary, or runoff election, (B) a convention

8 or caucus of a political party held to nominate a

9 candidate, (C) a primary election held for the selec10 tion of delegates to a national nominating conven11 tion of a political party, or (D) a primary election

12 held for the expression of a preference for the nomi13 nation of persons for election to the office of Presi14 dent; and

15 (3) the term ‘‘Federal office’’ means the office

16 of President or Vice President of the United States,

17 or of Senator or Representative in, or Delegate or

18 Resident Commissioner to, the Congress of the Unit19 ed States.

20 Subtitle F—Sex Offender

21 Treatment Programs

22 SEC. 471. NATIONAL INSTITUTE OF JUSTICE TRAINING

23 PROGRAMS.

24 (a) IN GENERAL.—The National Institute of Justice,

25 after consultation with victim advocates and individuals
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1 who have expertise in treating sex offenders, shall estab2 lish criteria and develop training programs to assist—

3 (1) prison, youth residential, and mental health

4 institutional staff; and

5 (2) probation and parole officers and other per6 sonnel who work with released sex offenders in the

7 areas of—

8 (A) relapse prevention (internal and exter9 nal management);

10 (B) supervision; and

11 (C) case management.

12 (b) TRAINING PROGRAMS.—The Director of the Na13 tional Institute of Justice shall attempt, to the extent

14 practicable, to make specialized training programs devel15 oped under subsection (a) available in geographically di16 verse locations throughout the country.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated $1,000,000 for each of the

19 fiscal years 1994 and 1995 to carry out the provisions

20 of this section.

21 SEC. 472. INFORMATION PROGRAMS.

22 The Attorney General shall compile information re23 garding sex offender treatment programs and ensure that

24 information regarding specialized community treatment
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1 programs in the community into which a convicted sex of2 fender is released is made available to—

3 (1) each person serving a sentence of imprison4 ment in a penal or correctional institution for a com5 mission of an offense under chapter 109A of title 18

6 of the United States Code or for the commission of

7 a similar offense; and

8 (2) each person serving a sentence of imprison9 ment in an institution other than a penal or correc10 tional institution for a commission of an offense

11 under chapter 109A of title 18 of the United States

12 Code or for the commission for a similar offense.

13 Subtitle G—Education and Train14 ing for Judges and Court Per15 sonnel in State Courts

16 SEC. 481. GRANTS AUTHORIZED.

17 The State Justice Institute is authorized to award

18 grants for the purpose of developing, testing presenting,

19 and disseminating model programs to be used by States

20 in training judges and court personnel in the laws of the

21 States on rape, sexual assault, domestic violence, and

22 other crimes of violence motivated by the victim’s gender.
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1 SEC. 482. TRAINING PROVIDED BY GRANTS.

2 Training provided pursuant to grants made under

3 this subtitle may include current information, existing

4 studies, or current data on—

5 (1) the nature and incidence of rape and sexual

6 assault by strangers and nonstrangers, marital rape,

7 and incest;

8 (2) the underreporting of rape, sexual assault,

9 and child sexual abuse;

10 (3) the physical, psychological, and economic

11 impact of rape and sexual assault on the victim, the

12 costs to society, and the implications for sentencing;

13 (4) the psychology of sex offenders, their rate

14 of recidivism, and the implications for sentencing;

15 (5) the historical evolution of laws and attitudes

16 on rape and sexual assault;

17 (6) sex stereotyping of female and male victims

18 of rape and sexual assault, racial stereotyping of

19 rape victims and defendants, and the impact of such

20 stereotypes on credibility of witnesses, sentencing,

21 and other aspects of the administration of justice;

22 (7) application of rape shield laws and other

23 limits on introduction of evidence that may subject

24 victims to improper sex stereotyping and harassment

25 in both rape and nonrape cases, including the need
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1 for sua sponte judicial intervention in inappropriate

2 cross-examination;

3 (8) the use of expert witness testimony on rape

4 trauma syndrome, child sexual abuse accommodation

5 syndrome, post-traumatic stress syndrome, and simi6 lar issues;

7 (9) the reasons why victims or rape, sexual as8 sault, domestic violence, and incest may refuse to

9 testify against a defendant;

10 (10) the nature and incidence of domestic vio11 lence;

12 (11) the physical, psychological, and economic

13 impact of domestic violence on the victim, the costs

14 to society, and the implications for court procedures

15 and sentencing;

16 (12) the psychology and self-presentation of

17 batterers and victims and the negative implications

18 for court proceedings and credibility of witnesses;

19 (13) sex stereotyping of female and male vic20 tims of domestic violence, myths about presence or

21 absence of domestic violence in certain racial, ethnic,

22 religious, or socioeconomic groups, and their impact

23 on the administration of justice;

24 (14) historical evolution of laws and attitudes

25 on domestic violence;
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1 (15) proper and improper interpretations of the

2 defenses of self-defense and provocation, and the use

3 of expert witness testimony on battered woman syn4 drome;

5 (16) the likelihood of retaliation, recidivism,

6 and escalation of violence by batterers, and the po7 tential impact of incarceration and other meaningful

8 sanctions for acts of domestic violence including vio9 lations of orders of protection;

10 (17) economic, psychological, social and institu11 tional reasons for victims’ inability to leave the

12 batterer, to report domestic violence or to follow

13 through on complaints, including the influence of

14 lack of support from police, judges, and court per15 sonnel, and the legitimate reasons why victims of do16 mestic violence may refuse to testify against a de17 fendant and should not be held in contempt;

18 (18) the need for orders of protection, and the

19 negative implications of mutual orders of protection,

20 dual arrest policies, and mediation in domestic vio21 lence cases; and

22 (19) recognition of and response to gender-mo23 tivated crimes of violence other than rape, sexual as24 sault and domestic violence, such as mass or serial

25 murder motivated by the gender of the victims.
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1 SEC. 483. COOPERATION IN DEVELOPING PROGRAMS.

2 The State Justice Institute shall ensure that model

3 programs carried out pursuant to grants made under this

4 subtitle are developed with the participation of law en5 forcement officials, public and private nonprofit victim ad6 vocates, legal experts, prosecutors, defense attorneys, and

7 recognized experts on gender bias in the courts.

8 SEC. 484. AUTHORIZATION OF APPROPRIATIONS.

9 There is authorized to be appropriated for fiscal year

10 1995, $600,000 to carry out the purposes of this subtitle.

11 Of amounts appropriated under this section, the State

12 Justice Institute shall expend no less than 40 percent on

13 model programs regarding domestic violence and no less

14 than 40 percent on model programs regarding rape and

15 sexual assault.

16 Subtitle H—Education and Train17 ing for Judges and Court Per18 sonnel in Federal Courts

19 SEC. 491. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU20 CATION AND TRAINING GRANTS.

21 (a) STUDY.—In order to gain a better understanding

22 of the nature and the extent of gender bias in the Federal

23 courts, the circuit judicial councils shall conduct studies

24 of the instances of gender bias in their respective circuits.

25 The studies may include an examination of the effects of

26 gender on—
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1 (1) the treatment of litigants, witnesses, attor2 neys, jurors, and judges in the courts, including be3 fore magistrate and bankruptcy judges;

4 (2) the interpretation and application of the

5 law, both civil and criminal;

6 (3) treatment of defendants in criminal cases;

7 (4) treatment of victims of violent crimes;

8 (5) sentencing;

9 (6) sentencing alternatives, facilities for incar10 ceration, and the nature of supervision of probation

11 and parole;

12 (7) appointments to committees of the Judicial

13 Conference and the courts;

14 (8) case management and court sponsored al15 ternative dispute resolution programs;

16 (9) the selection, retention, promotion, and

17 treatment of employees;

18 (10) appointment of arbitrators, experts, and

19 special masters; and

20 (11) the aspects of the topics listed in section

21 403 that pertain to issues within the jurisdiction of

22 the Federal courts.

23 (b) CLEARINGHOUSE.—The Judicial Conference of

24 the United States shall designate an entity within the Ju25 dicial branch to act as a clearinghouse to disseminate any
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1 reports and materials issued by the gender bias task forces

2 under subsection (a) and to respond to requests for such

3 reports and materials. The gender bias task forces shall

4 provide this entity with their reports and related material.

5 (c) MODEL PROGRAMS.—The Federal Judicial Cen6 ter, in carrying out section 620(b)(3) of title 28, United

7 States Code, shall—

8 (1) include in the educational programs it pre9 sents and prepares, including the training programs

10 for newly appointed judges, information on issues re11 lated to gender bias in the courts including such

12 areas as are listed in subsection (a) along with such

13 other topics as the Federal Judicial Center deems

14 appropriate;

15 (2) prepare materials necessary to implement

16 this subsection; and

17 (3) take into consideration the findings and rec18 ommendations of the studies conducted pursuant to

19 subsection (a), and to consult with individuals and

20 groups with relevant expertise in gender bias issues

21 as it prepares or revises such materials.

22 SEC. 492. AUTHORIZATION OF APPROPRIATIONS.

23 (a) IN GENERAL.—There is authorized to be appro24 priated—
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1 (1) $600,000 to the Salaries and Expenses Ac2 count of the Courts of Appeals, District Courts, and

3 other Judicial Services, to carry out section 491(a),

4 to be available until expended through fiscal year

5 1995;

6 (2) $100,000 to the Federal Judicial Center to

7 carry out section 491(c) and any activities des8 ignated by the Judicial Conference under section

9 491(b); and

10 (3) such sums as are necessary to the Adminis11 trative Office of the United States Courts to carry

12 out any activities designated by the Judicial Con13 ference under section 491(b).

14 (b) THE JUDICIAL CONFERENCE OF THE UNITED

15 STATES.—(1) The Judicial Conference of the United

16 States Courts shall allocate funds to Federal circuit courts

17 under this subtitle that—

18 (A) undertake studies in their own circuits; or

19 (B) implement reforms recommended as a re20 sult of such studies in their own or other circuits,

21 including education and training.

22 (2) Funds shall be allocated to Federal circuits under

23 this subtitle on a first come first serve basis in an amount

24 not to exceed $100,000 on the first application. If within

25 6 months after the date on which funds authorized under
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1 this Act become available, funds are still available, circuits

2 that have received funds may reapply for additional funds,

3 with not more than $200,000 going to any one circuit.

4 TITLE V—COMMISSION ON

5 CRIME, DRUGS, AND VIOLENCE

6 SEC. 501. ESTABLISHMENT OF COMMISSION ON CRIME,

7 DRUGS, AND VIOLENCE.

8 There is established a commission to be known as the

9 ‘‘National Commission on Crime, Drugs, and Violence in

10 America’’ (referred to in this title as ‘‘Commission’’).

11 SEC. 502. PURPOSE.

12 The purposes of the Commission are to examine—

13 (1) the impact of criminal justice policy on the

14 African-American, Hispanic, Asian, and Native

15 American communities, and criticism that the crimi16 nal justice system functions in a racially disparate

17 manner;

18 (2) the root causes of violent crime and make

19 recommendation for the creation of a national public

20 education strategy on violence; and

21 (3) the root causes of the demand for drugs in

22 the United States, and an evaluation of the efficacy

23 of current Federal drug policy.
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1 SEC. 503. DUTIES.

2 (a) IN GENERAL.—The Commission shall be respon3 sible for the following:

4 (1) Reviewing the effectiveness of traditional

5 criminal justice approaches in preventing and con6 trolling crime and violence.

7 (2) Examining the impact that changes to State

8 and Federal law have had in controlling crime and

9 violence.

10 (3) Examining the impact of changes in Fed11 eral immigration laws and policies and increased de12 velopment and growth along United States inter13 national borders on crime and violence in the United

14 States, particularly among our Nation’s youth.

15 (4) Examining the problem of youth gangs and

16 provide recommendations as to how to reduce youth

17 involvement in violent crime.

18 (5) Examining the extent to which assault

19 weapons and high power firearms have contributed

20 to violence and murder in America.

21 (6) Convening field hearings in various regions

22 of the country to receive testimony from a cross sec23 tion of criminal justice professionals, business lead24 ers, elected officials, medical doctors, and other citi25 zens that wish to participate.
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1 (7) Reviewing all segments of our criminal jus2 tice system, including the law enforcement, prosecu3 tion, defense, judicial, corrections components in de4 veloping the crime control plan.

5 (b) EXAMINATION.—Matters examined by the Com6 mission under this section shall include—

7 (1) the characteristics of potential illicit drug

8 users and abusers or drug traffickers, including age

9 and social, economic, and educational backgrounds;

10 (2) the environmental factors that contribute to

11 illicit drug use and abuse, including the correlation

12 between unemployment, poverty, and homelessness

13 on drug experimentation and abuse;

14 (3) the current status of, and models for pro15 viding more effective offender rehabilitation and vic16 tim assistance programs, including restitution to vic17 tims of crime;

18 (4) an evaluation of the efficacy of existing

19 Federal laws regarding the unlawful production, dis20 tribution, and use of controlled substances, including

21 the efficacy of Federal minimum sentences for viola22 tions of the laws regarding the unlawful sale and use

23 of controlled substances; and

24 (5) an analysis of the costs, benefits, risks, and

25 advantages of the present national policy regarding
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1 controlled substances and of potential modifications

2 of that policy, including an analysis of what propor3 tion of the funds dedicated to combating the unlaw4 ful sale and use of controlled substances should be

5 devoted to—

6 (A) interdicting controlled substances en7 tering the United States unlawfully;

8 (B) enforcing Federal laws relating to the

9 unlawful production, distribution, and use of

10 controlled substances;

11 (C) education and other forms of prevent12 ing the unlawful use of controlled substances;

13 or

14 (D) rehabilitating individuals who use con15 trolled substances unlawfully.

16 SEC. 504. MEMBERSHIP.

17 (a) NUMBER AND APPOINTMENT.—

18 (1) IN GENERAL.—The Commission shall con19 sist of 13 members, as follows:

20 (A) PRESIDENT.—Three individuals ap21 pointed by the President.

22 (B) SENATE.—Five individuals appointed

23 jointly by the majority and minority leaders of

24 the Senate. Not more than 3 members ap25 pointed under this paragraph may be of the
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1 same political party. At least 1 member ap2 pointed under this paragraph shall be a recover3 ing drug user.

4 (C) HOUSE OF REPRESENTATIVES.—Five

5 individuals appointed jointly by the Speaker,

6 majority leader, and minority leader of the

7 House of Representatives. Not more than 3

8 members appointed under this paragraph may

9 be of the same political party. At least 1 mem10 ber appointed under this paragraph shall be a

11 recovering drug abuser.

12 (2) GOALS IN MAKING APPOINTMENTS.—In ap13 pointing individuals as members of the Commission,

14 the President and the majority and minority leaders

15 of the House of Representatives and the Senate shall

16 seek to ensure that—

17 (A) the membership of the Commission re18 flects the racial, ethnic, and gender diversity of

19 the United States; and

20 (B) members are specially qualified to

21 serve on the Commission by reason of their edu22 cation, training, expertise, or experience in—

23 (i) sociology,

24 (ii) psychology,

25 (iii) law,
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1 (iv) bio-medicine,

2 (v) addiction, and

3 (vi) ethnography and urban poverty,

4 including health care, housing, education,

5 and employment.

6 (b) PROHIBITION AGAINST OFFICER OR EM7 PLOYEE.—Each individual appointed under subsection (a)

8 shall not be an officer or employee of any government and

9 shall be qualified to serve the Commission by virtue of

10 education, training, or experience.

11 (c) DEADLINE FOR APPOINTMENT.—Members of the

12 Commission shall be appointed within 60 days after the

13 date of the enactment of this Act for the life of the Com14 mission.

15 (d) MEETINGS.—The Commission shall have its

16 headquarters in the District of Columbia, and shall meet

17 at least once each month for a business session that shall

18 be conducted by the Chairperson.

19 (e) QUORUM.—Seven members of the Commission

20 shall constitute a quorum, but a lesser number may hold

21 hearings.

22 (f) CHAIRPERSON AND VICE CHAIRPERSON.—No

23 later than 15 days after the members of the Commission

24 are appointed, such members shall designate a Chair25 person and Vice Chairperson of the Commission.
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1 (g) CONTINUATION OF MEMBERSHIP.—If a member

2 of the Commission later becomes an officer or employee

3 of any government, the individual may continue as a mem4 ber until a successor is appointed.

5 (h) VACANCIES.—A vacancy in the Commission shall

6 be filled not later than 30 days after the Commission is

7 informed of the vacancy in the manner in which the origi8 nal appointment was made.

9 (i) COMPENSATION.—

10 (1) NO PAY, ALLOWANCE, OR BENEFIT.—Mem11 bers of the Commission shall receive no additional

12 pay, allowances, or benefits by reason of their serv13 ice on the Commission.

14 (2) TRAVEL EXPENSES.—Each member of the

15 Commission shall receive travel expenses, including

16 per diem in lieu of subsistence, in accordance with

17 sections 5702 and 5703 of title 5, United States

18 Code.

19 SEC. 505. STAFF AND SUPPORT SERVICES.

20 (a) DIRECTOR.—The Chairperson shall appoint a di21 rector after consultation with the members of the Commis22 sion, who shall be paid the rate of basic pay for level V

23 of the Executive Schedule.
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1 (b) STAFF.—With the approval of the Commission,

2 the director may appoint personnel as the director consid3 ers appropriate.

4 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The

5 staff of the Commission shall be appointed without regard

6 to the provisions of title 5, United States Code, governing

7 appointments in the competitive service, and shall be paid

8 without regard to the provisions of chapter 51 and sub9 chapter III of chapter 53 of that title relating to classifica10 tion and General Schedule pay rates.

11 (d) EXPERTS AND CONSULTANTS.—With the ap12 proval of the Commission, the director may procure tem13 porary and intermittent services under section 3109(b) of

14 title 5, United States Code.

15 (e) STAFF OF FEDERAL AGENCIES.—Upon the re16 quest of the Commission, the head of any Federal agency

17 may detail, on a reimbursable basis, any of the personnel

18 of that agency to the Commission to assist in carrying out

19 its duties under this Act.

20 (f) OTHER RESOURCES.—The Commission shall have

21 reasonable access to materials, resources, statistical data,

22 and other information from the Library of Congress, as

23 well as agencies and elected representatives of the execu24 tive and legislative branches of government. The Chair-
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1 person of the Commission shall make requests in writing

2 where necessary.

3 (g) PHYSICAL FACILITIES.—The General Services

4 Administration shall find suitable office space for the op5 eration of the Commission. The facilities shall serve as the

6 headquarters of the Commission and shall include all nec7 essary equipment and incidentals required for proper func8 tioning.

9 SEC. 506. POWERS OF COMMISSION.

10 (a) HEARINGS.—The Commission may conduct pub11 lic hearings or forums at its discretion, at any time and

12 place it is able to secure facilities and witnesses, for the

13 purpose of carrying out its duties.

14 (b) DELEGATION OF AUTHORITY.—Any member or

15 agent of the Commission may, if authorized by the Com16 mission, take any action the Commission is authorized to

17 take by this section.

18 (c) INFORMATION.—The Commission may secure di19 rectly from any Federal agency information necessary to

20 enable it to carry out this Act. Upon request of the Chair21 person or Vice Chairperson of the Commission, the head

22 of a Federal agency shall furnish the information to the

23 Commission to the extent permitted by law.

24 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis25 sion may accept, use, and dispose of gifts, bequests, or
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1 devices of services or property, both real and personal, for

2 the purpose of aiding or facilitating the work of the Com3 mission. Gifts, bequests, or devises of money and proceeds

4 from sales of other property received as gifts, bequests,

5 or devices shall be deposited in the Treasury and shall be

6 available for disbursement upon order of the Commission.

7 (e) MAILS.—The Commission may use the United

8 States mails in the same manner and under the same con9 ditions as other Federal agencies.

10 SEC. 507. REPORTS.

11 (a) MONTHLY REPORTS.—The Commission shall

12 submit monthly activity reports to the President and the

13 Congress.

14 (b) REPORTS.—

15 (1) INTERIM REPORT.—The Commission shall

16 submit an interim report to the President and the

17 Congress not later than 1 year before the termi18 nation of the Commission. The interim report shall

19 contain a detailed statement of the findings and con20 clusions of the Commission, together with its rec21 ommendations for legislative and administrative ac22 tion based on the Commission’s activities to date. A

23 strategy for disseminating the report to Federal,

24 State, and local authorities shall be formulated and
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1 submitted with the formal presentation of the report

2 to the President and the Congress.

3 (2) FINAL REPORT.—Not later than the date of

4 the termination of the Commission, the Commission

5 shall submit to the Congress and the President a

6 final report with a detailed statement of final find7 ings, conclusions, and recommendations, including

8 an assessment of the extent to which recommenda9 tions of the Commission included in the interim re10 port under paragraph (1) have been implemented.

11 (c) PRINTING AND PUBLIC DISTRIBUTION.—Upon

12 receipt of each report of the Commission under this sec13 tion, the President shall—

14 (1) order the report to be printed; and

15 (2) make the report available to the public upon

16 request.

17 SEC. 508. TERMINATION.

18 The Commission shall terminate on the date which

19 is 2 years after the Members of the Commission have met

20 and designated a Chairperson and Vice Chairperson.
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1 TITLE VI—CONFIDENCE IN

2 CRIMINAL JUSTICE SYSTEM

3 Subtitle A—Racial Justice Act

4 SEC. 601. SHORT TITLE.

5 This subtitle may be cited as the ‘‘Racial Justice Act

6 of 1993’’.

7 SEC. 602. FINDINGS.

8 The Congress finds that—

9 (1) section 5 of the fourteenth amendment of

10 the United States Constitution calls upon Congress

11 to enforce the Constitution’s promise of equality

12 under law;

13 (2) equality under law is tested most profoundly

14 by whether a legal system tolerates race playing a

15 role in the determination of whether and when to

16 administer the ultimate penalty of death;

17 (3) the death penalty is being administered in

18 a pattern that evidences a significant risk that the

19 race of the defendant, or the race of the victim

20 against whom the crime was committed, influences

21 the likelihood that the defendant will be sentenced to

22 death;

23 (4) the Constitution’s guarantee of equal justice

24 for all is jeopardized when the death penalty is im25 posed in a pattern in which the likelihood of a death
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1 sentence is affected by the race of the perpetrator or

2 of the victim;

3 (5) the United States Supreme Court has con4 cluded that the Federal judiciary is institutionally

5 unable to eliminate this jeopardy to equal justice in

6 the absence of proof that a legislature, prosecutor,

7 judge, or jury acted with racially invidious and dis8 criminatory motives in the case of a particular de9 fendant;

10 (6) the interest in ensuring equal justice under

11 law may be harmed, not only by decisions motivated

12 by explicit racial bias, but also by government rules,

13 policies, and practices that operate to reinforce the

14 subordinate status to which racial minorities were

15 relegated in our society;

16 (7) the institutional need of courts to identify

17 invidiously motivated perpetrators is not shared by

18 Congress, which is empowered by section 5 of the

19 fourteenth amendment to take system-wide, preven20 tive measures not only to eliminate adjudicated in21 stances of official race discrimination but also to

22 eradicate wide-scale patterns and practices that en23 tail an intolerable danger that persons of different

24 races would be treated differently; and
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1 (8) the persistent racial problems pervading the

2 implementation of the death penalty in many parts

3 of this Nation require the Government of the United

4 States to counteract the lingering effects of racial

5 prejudice in order to enforce the constitutional guar6 antee of equal justice for all Americans.

7 SEC. 603. AMENDMENT TO TITLE 28.

8 (a) PROCEDURE.—Part VI of title 28, United States

9 Code, is amended by adding at the end thereof the follow10 ing new chapter:

11 ‘‘CHAPTER 177—RACIALLY DISCRIMINATORY

12 CAPITAL SENTENCING

‘‘Sec.

‘‘2921. Definitions.

‘‘2922. Prohibition on the imposition or execution of the death penalty in a racially discriminatory pattern.

‘‘2923. Data on death penalty cases.

‘‘2924. Enforcement of the chapter.

‘‘2925. Construction of chapter.

13 ‘‘§ 2921. Definitions

14 ‘‘For purposes of this chapter—

15 ‘‘(1) the term ‘a racially discriminatory pattern’

16 means a situation in which sentences of death are

17 imposed more frequently—

18 ‘‘(A) upon persons of one race than upon

19 persons of another race; or

20 ‘‘(B) as punishment for crimes against

21 persons of one race than as punishment for

22 crimes against persons of another race,
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1 and the greater frequency is not explained by perti2 nent nonracial circumstances;

3 ‘‘(2) the term ‘death-eligible crime’ means a

4 crime for which death is a punishment that is au5 thorized by law to be imposed under any cir6 cumstances upon a conviction of that crime;

7 ‘‘(3) the term ‘case of death-eligible crime’

8 means a case in which the complaint, indictment, in9 formation, or any other initial or subsequent charg10 ing paper charges any person with a death-eligible

11 crime; and

12 ‘‘(4) the term ‘Federal or State entity’ means

13 any State, the District of Columbia, the United

14 States, any territory thereof, and any subdivision or

15 authority of any of these entities that is empowered

16 to provide by law that death be imposed as punish17 ment for crime.

18 ‘‘§ 2922. Prohibition on the imposition or execution of

19 the death penalty in a racially discrimi20 natory pattern

21 ‘‘(a) PROHIBITION.—It is unlawful to impose or exe22 cute sentences of death under color of State or Federal

23 law in a racially discriminatory pattern. No person shall

24 be put to death in the execution of a sentence imposed
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1 pursuant to any law if that person’s death sentence fur2 thers a racially discriminatory pattern.

3 ‘‘(b) ESTABLISHMENT OF A PATTERN.—To establish

4 that a racially discriminatory pattern exists for purposes

5 of this chapter—

6 ‘‘(1) ordinary methods of statistical proof shall

7 suffice; and

8 ‘‘(2) it shall not be necessary to show discrimi9 natory motive, intent, or purpose on the part of any

10 individual or institution.

11 ‘‘(c) PRIMA FACIE SHOWING.—(1) To establish a

12 prima facie showing of a racially discriminatory pattern

13 for purposes of this chapter, it shall suffice that death sen14 tences are being imposed or executed—

15 ‘‘(A) upon persons of one race with a frequency

16 that is disproportionate to their representation

17 among the numbers of persons arrested for, charged

18 with, or convicted of, death-eligible crimes; or

19 ‘‘(B) as punishment for crimes against persons

20 of one race with a frequency that is disproportionate

21 to their representation among persons against whom

22 death-eligible crimes have been committed.

23 ‘‘(2) To rebut a prima facie showing of a racially dis24 criminatory pattern, a State or Federal entity must estab25 lish by clear and convincing evidence that identifiable and
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1 pertinent nonracial factors persuasively explain the observ2 able racial disparities comprising the pattern.

3 ‘‘§ 2923. Data on death penalty cases

4 ‘‘(a) DESIGNATION OF AGENCY.—Any State or Fed5 eral entity that provides by law for death to be imposed

6 as a punishment for any crime shall designate a central

7 agency to collect and maintain pertinent data on the

8 charging, disposition, and sentencing patterns for all cases

9 of death-eligible crimes.

10 ‘‘(b) RESPONSIBILITIES OF CENTRAL AGENCY.—

11 Each central agency designated pursuant to subsection (a)

12 shall—

13 ‘‘(1) affirmatively monitor compliance with this

14 chapter by local officials and agencies;

15 ‘‘(2) devise and distribute to every local official

16 or agency responsible for the investigation or pros17 ecution of death-eligible crimes a standard form to

18 collect pertinent data;

19 ‘‘(3) maintain all standard forms, compile and

20 index all information contained in the forms, and

21 make both the forms and the compiled information

22 publicly available;

23 ‘‘(4) maintain a centralized, alphabetically in24 dexed file of all police and investigative reports
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1 transmitted to it by local officials or agencies in

2 every case of death-eligible crime; and

3 ‘‘(5) allow access to its file of police and inves4 tigative reports to the counsel of record for any per5 son charged with any death-eligible crime or sen6 tenced to death who has made or intends to make

7 a claim under section 2922 and it may also allow ac8 cess to this file to other persons.

9 ‘‘(c) RESPONSIBILITY OF LOCAL OFFICIAL.—(1)

10 Each local official responsible for the investigation or pros11 ecution of death-eligible crimes shall—

12 ‘‘(A) complete the standard form developed pur13 suant to subsection (b)(2) on every case of death-eli14 gible crime; and

15 ‘‘(B) transmit the standard form to the central

16 agency no later than 3 months after the disposition

17 of each such case whether that disposition is by dis18 missal of charges, reduction of charges, acceptance

19 of a plea of guilty to the death-eligible crime or to

20 another crime, acquittal, conviction, or any decision

21 not to proceed with prosecution.

22 ‘‘(2) In addition to the standard form, the local offi23 cial or agency shall transmit to the central agency one

24 copy of all police and investigative reports made in connec25 tion with each case of death-eligible crime.
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1 ‘‘(d) PERTINENT DATA.—The pertinent data re2 quired in the standard form shall be designated by the

3 central agency but shall include, at a minimum, the follow4 ing information:

5 ‘‘(1) Pertinent demographic information on all

6 persons charged with the crime and all victims (in7 cluding race, sex, age, and national origin).

8 ‘‘(2) Information on the principal features of

9 the crime.

10 ‘‘(3) Information on the aggravating and miti11 gating factors of the crime, including the back12 ground and character of every person charged with

13 the crime.

14 ‘‘(4) A narrative summary of the crime.

15 ‘‘§ 2924. Enforcement of the chapter

16 ‘‘(a) ACTION UNDER SECTIONS 2241, 2254, OR 2255

17 OF THIS TITLE.—In any action brought in a court of the

18 United States within the jurisdiction conferred by sections

19 2241, 2254, or 2255, in which any person raises a claim

20 under section 2922—

21 ‘‘(1) the court shall appoint counsel for any

22 such person who is financially unable to retain coun23 sel; and

24 ‘‘(2) the court shall furnish investigative, expert

25 or other services necessary for the adequate develop-
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1 ment of the claim to any such person who is finan2 cially unable to obtain such services.

3 ‘‘(b) DETERMINATION BY A STATE COURT.—Not4 withstanding section 2254, no determination on the merits

5 of a factual issue made by a State court pertinent to any

6 claim under section 2922 shall be presumed to be correct

7 unless—

8 ‘‘(1) the State is in compliance with section

9 2923;

10 ‘‘(2) the determination was made in a proceed11 ing in a State court in which the person asserting

12 the claim was afforded rights to the appointment of

13 counsel and to the furnishing of investigative, expert

14 and other services necessary for the adequate devel15 opment of the claim which were substantially equiva16 lent to those provided by subsection (a); and

17 ‘‘(3) the determination is one which is otherwise

18 entitled to be presumed to be correct under the cri19 teria specified in section 2254.

20 ‘‘§ 2925. Construction of this chapter

21 ‘‘Nothing contained in this chapter shall be construed

22 to affect in one way or the other the lawfulness of any

23 sentence of death that does not violate section 2922.’’.

24 (b) AMENDMENT TO TABLE OF CHAPTERS.—The

25 table of chapters of part VI of title 28, United States
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1 Code, is amended by adding at the end thereof the follow2 ing new item:

‘‘177. Racially Discriminatory Capital Sentencing ............... 2921.’’.

3 SEC. 604. ACTIONS PRIOR TO THE DATE OF ENACTMENT.

4 No person shall be barred from raising any claim

5 under section 2922 of title 28, United States Code, as

6 added by this subtitle, on the ground of having failed to

7 raise or to prosecute the same or a similar claim before

8 the enactment of the Act, nor by reason of any adjudica9 tion rendered before that enactment.

10 Subtitle B—Racial Bias

11 SEC. 611. SPECIAL RULE FOR CERTAIN HABEAS CORPUS

12 PETITIONS RELATING TO DEATH SENTENCES.

13 (a) IN GENERAL.—Any existing race bias claim,

14 whether or not previously raised or determined, unless de15 termined on the merits in a Federal habeas corpus pro16 ceeding, may be raised in a proceeding commenced under

17 chapter 153 of title 28, United States Code, not later than

18 1 year after the date of the enactment of this Act and

19 shall be determined on the merits. In determining the mer20 its of that claim, the law in effect at the time of the deter21 mination shall apply.

22 (b) DEFINITION.—As used in this subsection, the

23 term ‘‘existing race bias claim’’ means a claim of race dis24 crimination, or bias on the basis of race—
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1 (1) made by a person seeking relief with respect

2 to a sentence of death imposed before the date of

3 the enactment of this Act; and

4 (2) based on a Supreme court decision an5 nounced before such date of enactment.

6 Subtitle C—Minimum Sentencing

7 SEC. 621. MINIMUM SENTENCING.

8 Section 3553(e) of title 18, United States Code, is

9 amended to read as follows:

10 ‘‘(e) AUTHORITY TO IMPOSE A SENTENCE BELOW A

11 STATUTORY MINIMUM.—Notwithstanding any statutory

12 minimum term of imprisonment, the court shall impose

13 a sentence in accordance with this section.

14 Subtitle D—Crack-Cocaine

15 Equitable Sentencing

16 SEC. 631. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Crack-Cocaine Eq18 uitable Sentencing Act of 1993’’.

19 SEC. 632. TRAFFICKING AMENDMENTS.

20 (a) 50 GRAM PENALTY.—Section 401(b)(1)(A) of the

21 Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) is

22 amended by striking clause (iii).

23 (b) 5 GRAM PENALTY.—Section 401(b)(1)(B) of the

24 Controlled Substances Act (21 U.S.C. 841(b)(1)(B)) is

25 amended by striking clause (iii).
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1 SEC. 633. POSSESSION AMENDMENT.

2 Section 404(a) of the Controlled Substances Act (21

3 U.S.C. 844(a)) is amended by striking the sentence that

4 begins ‘‘Notwithstanding the preceding sentence’’.

5 SEC. 634. IMPORTATION AMENDMENTS.

6 (a) 50 GRAM PENALTY.—Section 1010(b)(1) of the

7 Controlled Substances Import and Export Act (21 U.S.C.

8 960(b)(1)) is amended by striking out subparagraph (C).

9 (b) 5 GRAM PENALTY.—Section 1010(b)(2) of the

10 Controlled Substances Import and Export Act (21 U.S.C.

11 960(b)(2)) is amended by striking out subparagraph (C).

12 SEC. 635. SENTENCING COMMISSION TO AMEND GUIDE13 LINES.

14 Not later than 30 days after the date of the enact15 ment of this Act, the United States Sentencing Commis16 sion shall promulgate such amendments to the Sentencing

17 Guidelines as are necessary to conform those Guidelines

18 to the amendments made by this subtitle.

19 Subtitle E—Sentencing Uniformity

20 SEC. 641. SHORT TITLE.

21 This subtitle may be cited as the ‘‘Sentencing Uni22 formity Act of 1993’’.

23 SEC. 642. AMENDMENTS TO ACHIEVE SENTENCING UNI24 FORMITY.

25 (a) LAWS CODIFIED IN TITLE 2 OF THE UNITED

26 STATES CODE.—
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1 (1) Section 102 of the Revised Statutes of the

2 United States (2 U.S.C. 192) is amended by striking

3 ‘‘deemed guilty’’ and all that follows through the end

4 of such section and inserting ‘‘fined under title 18,

5 United States Code, or imprisoned not more than

6 one year, or both.’’.

7 (2) Section 11 of the Federal Contested Elec8 tions Act (2 U.S.C. 390) is amended by striking

9 ‘‘deemed guilty’’ and all that follows through the end

10 of such section and inserting ‘‘fined under title 18,

11 United States Code, or imprisoned not more than

12 one year, or both.’’.

13 (b) LAWS CODIFIED IN TITLE 7 OF THE UNITED

14 STATES CODE.—

15 (1) Section 6b of the Commodity Exchange Act

16 (7 U.S.C. 13a) is amended by striking ‘‘shall be

17 fined not more than $100,000, or imprisoned for not

18 less than six months nor’’ and inserting ‘‘shall be

19 fined under title 18, United States Code, or impris20 oned not’’.

21 (2) Section 6(c) of the Commodity Exchange

22 Act (7 U.S.C. 13b) is amended by striking ‘‘shall be

23 fined’’ and all that follows through ‘‘not less than

24 six months nor’’ and inserting ‘‘shall be fined under

25 title 18, United States Code, or imprisoned not’’.
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1 (3) Section 205(3) of the Packers and Stock2 yards Act, 1921 (7 U.S.C. 195) is amended by strik3 ing ‘‘on conviction’’ and all that follows through

4 ‘‘five years’’ and inserting ‘‘be fined under title 18,

5 United States Code, or imprisoned not more than 5

6 years’’.

7 (4) Section 15(b)(1) of the Food Stamp Act of

8 1977 (7 U.S.C. 2024(b)(1)) is amended by striking

9 ‘‘less than six months nor’’.

10 (5) Section 15(c) of the Food Stamp Act of

11 1977 (7 U.S.C. 2024(c)) is amended by striking

12 ‘‘less than one year nor’’.

13 (c) LAWS CODIFIED IN TITLE 12 OF THE UNITED

14 STATES CODE.—Section 25A of the Federal Reserve Act

15 (12 U.S.C. 617 and 630) is amended—

16 (1) by striking ‘‘liable to a fine’’ and all that

17 follows through ‘‘five years, or both, in the discretion

18 of the court’’ and inserting ‘‘fined under title 18,

19 United States Code, or imprisoned not more than 5

20 years, or both’’; and

21 (2) by striking ‘‘upon conviction thereof’’ and

22 all that follows through ‘‘$5,000, in the discretion of

23 the court’’ and inserting ‘‘be fined under title 18,

24 United States Code, or imprisoned not more than 10

25 years, or both’’.
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1 (d) LAWS CODIFIED IN TITLE 15 OF THE UNITED

2 STATES CODE.—

3 (1) Section 73 of the Wilson Tariff Act (15

4 U.S.C. 8) is amended by striking ‘‘is guilty of a mis5 demeanor’’ and all that follows through ‘‘twelve

6 months’’ and inserting ‘‘shall be fined under title 18,

7 United States Code, or imprisoned not more than

8 one year, or both’’.

9 (2) Section 7(b) of the Act of August 12, 1958

10 (15 U.S.C. 1245(b)) is amended by striking ‘‘not

11 less than five years and’’.

12 (e) LAWS CODIFIED IN TITLE 16 OF THE UNITED

13 STATES CODE.—Section 2 of the Act of March 3, 1897

14 (16 U.S.C. 414) is amended by striking ‘‘guilty of a mis15 demeanor’’ and all that follows through the end of such

16 section and inserting ‘‘fined under title 18, United States

17 Code, or imprisoned not more than 30 days, or both.’’.

18 (f) AMENDMENTS TO TITLE 18 OF THE UNITED

19 STATES CODE.—

20 (1) Section 3561(a) of title 18, United States

21 Code, is amended to read as follows:

22 ‘‘(a) IN GENERAL.—A defendant who has been found

23 guilty of an offense may be sentenced to a term of proba24 tion unless the defendant is sentenced at the same time
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1 to a term of imprisonment for the same or different of2 fense.’’.

3 (2) Section 225(a) of title 18, United States

4 Code, is amended by striking ‘‘for a term’’ and all

5 that follows through ‘‘life’’ and inserting ‘‘for any

6 term or years or for life, or both’’.

7 (3) Section 844(h) of title 18, United States

8 Code, is amended—

9 (A) by inserting ‘‘not more than’’ before

10 ‘‘five years’’;

11 (B) by inserting ‘‘not more than’’ before

12 ‘‘ten years’’; and

13 (C) by striking ‘‘the court shall not place’’

14 and all that follows through ‘‘imposed under

15 this subsection’’ and inserting ‘‘a term imposed

16 under this subsection shall not’’.

17 (4) Section 924(c)(1) of title 18, United States

18 Code, is amended—

19 (A) by inserting ‘‘not more than’’ before

20 ‘‘five years’’;

21 (B) by inserting ‘‘not more than’’ before

22 ‘‘ten years’’;

23 (C) by inserting ‘‘not more than’’ before

24 ‘‘thirty years’’;
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1 (D) by inserting ‘‘not more than’’ before

2 ‘‘twenty years’’;

3 (E) by striking ‘‘without release’’ and in4 serting ‘‘or to imprisonment for any term of

5 years’’;

6 (F) by striking ‘‘the court shall not place’’

7 and all that follows through ‘‘imposed under

8 this subsection’’ and inserting ‘‘a term imposed

9 under this subsection shall not’’; and

10 (G) by striking the last sentence.

11 (5) Section 924(e)(1) of title 18, United States

12 Code, is amended by striking ‘‘not less than fifteen

13 years’’ and all that follows through the end of para14 graph (1) and inserting ‘‘any term of years.’’

15 (6) Section 929 of title 18, United States Code,

16 is amended—

17 (A) in subsection (a)(1), by striking ‘‘not

18 less than five years’’ and inserting ‘‘any term of

19 years’’;

20 (B) in subsection (b), by striking ‘‘the

21 court shall not’’ and all that follows through

22 ‘‘the terms of imprisonment’’ and inserting ‘‘a

23 term of imprisonment under this section shall

24 not’’; and
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1 (C) by striking the last sentence of sub2 section (b).

3 (7) Section 1091(b)(1) of title 18, United

4 States Code, is amended by inserting ‘‘any term of

5 years or for’’ before ‘‘life’’.

6 (8) Section 1111(b) of title 18, United States

7 Code, is amended by inserting ‘‘any term of years or

8 for’’ before ‘‘life’’ the first place it appears.

9 (9) Section 1116(a) of title 18, United States

10 Code, is amended by inserting ‘‘any term of years or

11 for’’ before ‘‘life’’.

12 (10) Section 1651 of title 18, United States

13 Code, is amended by inserting ‘‘any term of years or

14 for’’ before ‘‘life’’.

15 (11) Section 1652 of title 18, United States

16 Code, is amended by inserting ‘‘any term of years or

17 for’’ before ‘‘life’’.

18 (12) Section 1653 of title 18, United States

19 Code, is amended by inserting ‘‘any term of years or

20 for’’ before ‘‘life’’.

21 (13) Section 1655 of title 18, United States

22 Code, is amended by inserting ‘‘any term of years or

23 for’’ before ‘‘life’’.

24 (14) Section 1658 of title 18, United States

25 Code, is amended by striking ‘‘not less than ten
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1 years and may be imprisoned’’ and inserting ‘‘for

2 any term or years or’’.

3 (15) Section 1661 of title 18, United States

4 Code, is amended by striking ‘‘, for each offense’’

5 and all that follows through ‘‘days nor’’ and insert6 ing ‘‘be fined under this title, or imprisoned not’’.

7 (16) Section 2113(e) of title 18, United States

8 Code, is amended by striking ‘‘not less than ten

9 years’’ and inserting ‘‘for any term or years or for

10 life’’.

11 (17) Section 2251(d) of title 18, United States

12 Code, is amended by striking ‘‘less than five years

13 nor’’.

14 (18) Section 2251A of title 18, United States

15 Code, is amended by striking ‘‘not less than 20

16 years’’ each place it appears and inserting ‘‘any

17 term of years’’.

18 (19) Section 2252(b)(1) of title 18, United

19 States Code, is amended by striking ‘‘less than five

20 years nor’’.

21 (20) Section 2257(i) of title 18, United States

22 Code, is amended by striking ‘‘imprisoned for any

23 period’’ and all that follows through the end of sub24 section (i) and inserting ‘‘fined under this title or

25 imprisoned for not more than 5 years, or both.’’.
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1 (21) Section 2381 of title 18, United States

2 Code, is amended—

3 (A) by striking ‘‘not less than $10,000’’

4 and inserting ‘‘under this title’’; and

5 (B) by striking ‘‘not less than five years’’

6 and inserting ‘‘for life or for any term of

7 years’’.

8 (g) AMENDMENT TO LAW CODIFIED IN TITLE 19 OF

9 THE UNITED STATES CODE.—Section 3113 of the Re10 vised Statutes of the United States (19 U.S.C. 283) is

11 amended by striking ‘‘not less than three months, and’’.

12 (h) AMENDMENTS TO LAWS CODIFIED IN TITLE 21

13 OF THE UNITED STATES CODE.—

14 (1) Section 11 of the Act of March 3, 1915 (21

15 U.S.C. 212) is amended by striking ‘‘deemed guilty

16 of a misdemeanor’’ and all that follows through

17 ‘‘discretion of the court’’ and inserting ‘‘fined under

18 title 18, United States Code, or imprisoned not more

19 than 60 days, or both’’.

20 (2) Section 22 of the Federal Meat Inspection

21 Act (21 U.S.C. 622) is amended—

22 (A) by striking ‘‘deemed guilty of a felony’’

23 the first place it appears and all that follows

24 through ‘‘three years’’ and inserting ‘‘fined
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1 under title 18, United States Code, or impris2 oned not more than 3 years, or both’’; and

3 (B) by striking ‘‘deemed guilty of a felony’’

4 the second place it appears and all that follows

5 through the end of the section, and inserting

6 ‘‘summarily discharged from office and shall be

7 fined under title 18, United States Code, or im8 prisoned not more than 3 years, or both.’’.

9 (3) Section 401(b)(1) of the Controlled Sub10 stances Act (21 U.S.C. 841(b)(1) is amended—

11 (A) in subparagraph (A)—

12 (i) by striking ‘‘which may not be less

13 than 10 years or’’ and all that follows

14 through ‘‘20 years or more than’’ and in15 serting ‘‘of any term of years or for’’;

16 (ii) by striking ‘‘which may not be less

17 than 20 years and not more than life im18 prisonment’’ and inserting ‘‘of any term of

19 years or for life’’;

20 (iii) by striking ‘‘and if death’’ the

21 second place it appears and all that follows

22 through ‘‘life imprisonment,’’ and inserting

23 a comma;

24 (iv) by striking ‘‘without release’’ and

25 inserting ‘‘or for any term of years’’; and
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1 (v) by striking the last two sentences;

2 (B) in subparagraph (B)—

3 (i) by striking ‘‘less than 5 years and

4 not’’;

5 (ii) by striking ‘‘not less than 20

6 years or more than life’’ and inserting ‘‘for

7 life or any term of years’’;

8 (iii) by striking ‘‘less than 10 years

9 and not’’;

10 (iv) by striking ‘‘life imprisonment, a

11 fine’’ and inserting ‘‘imprisonment for life

12 or any term of years, a fine’’; and

13 (v) by striking the last two sentences;

14 and

15 (C) in subparagraph (C), by striking ‘‘less

16 than twenty years or’’.

17 (4) Section 404 of the Controlled Substances

18 Act (21 U.S.C. 844) is amended—

19 (A) by striking ‘‘not less than 15 days

20 but’’;

21 (B) by striking ‘‘a minimum of $2,500’’

22 and inserting ‘‘under this title’’;

23 (C) by striking ‘‘not less than 90 days

24 but’’;
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1 (D) by striking ‘‘a minimum of $5,000’’

2 and inserting ‘‘under this title’’;

3 (E) by striking ‘‘not less than 5 years

4 and’’;

5 (F) by striking ‘‘a minimum of $1,000’’

6 each place it appears and inserting ‘‘under this

7 title’’; and

8 (G) by striking the sentence beginning

9 ‘‘The imposition’’;

10 (5) Section 408 of the Controlled Substances

11 Act (21 U.S.C. 848) is amended—

12 (A) in subsection (a), by striking ‘‘which

13 may not be less’’ and all that follows through

14 ‘‘up to’’ each place they appear and inserting

15 ‘‘for any term of years or to’’;

16 (B) in subsection (b), by inserting ‘‘any

17 term of years or for’’ before ‘‘life’’ and

18 (C) by striking subsection (d).

19 (6) Section 408(e) of the Controlled Substances

20 Act (21 U.S.C. 848(e)) is amended—

21 (A) by striking out ‘‘any term of imprison22 ment’’ each place it appears and inserting ‘‘a

23 term of imprisonment’’; and

24 (B) by striking ‘‘which shall not be less’’

25 and all that follows through ‘‘up to life impris-
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1 onment’’ each place they appear and inserting

2 ‘‘for life or any term of years’’.

3 (7) Section 418 of the Controlled Substances

4 Act (21 U.S.C. 859) is amended—

5 (A) by striking each sentence beginning

6 with ‘‘Except to the extent’’; and

7 (B) by striking the sentence at the end of

8 subsection (a) that begins with ‘‘The mandatory

9 minimum’’.

10 (8) Section 419 of the Controlled Substances

11 Act (21 U.S.C. 860) is amended—

12 (A) in each of subsections (a) and (b), by

13 striking the sentence beginning with ‘‘Except to

14 the extent’’; and

15 (B) by striking the sentence at the end of

16 subsection (a) that begins with ‘‘The mandatory

17 minimum’’;

18 (C) in subsection (b), by striking ‘‘of not

19 less than three years and not more than life im20 prisonment’’ and inserting ‘‘for life or any term

21 or years’’; and

22 (D) by striking subsection (c).

23 (9) Section 420 of the Controlled Substances

24 Act (21 U.S.C. 861) is amended—
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1 (A) in subsection (b), by striking the last

2 sentence;

3 (B) in subsection (c), by striking the pe4 nultimate sentence; and

5 (C) by striking subsection (e).

6 (10) Section 1010(b) of the Controlled Sub7 stances Act (21 U.S.C. 960(b) is amended—

8 (A) in paragraph (1)—

9 (i) by striking ‘‘of not less than 10

10 years and’’ and all that follows through

11 ‘‘20 years and not more than life,’’ the

12 first place it appears and inserting ‘‘for life

13 or any term of years,’’;

14 (ii) by striking ‘‘of not less than 20

15 years and not more than life imprison16 ment’’ and inserting ‘‘for life or any term

17 of years’’;

18 (iii) by striking ‘‘and if death’’ and all

19 that follows through ‘‘life imprisonment,’’

20 and inserting a comma; and

21 (iv) by striking the last two sentences;

22 (B) in paragraph (2)—

23 (i) by striking ‘‘not less than 5 years

24 and’’;
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1 (ii) by striking ‘‘not less than twenty

2 years and’’;

3 (iii) by striking ‘‘not less than 10

4 years and’’; and

5 (iv) by striking the last sentence; and

6 (C) in paragraph (3), by striking ‘‘not less

7 than twenty years and’’.

8 (i) AMENDMENT TO LAW CODIFIED IN TITLE 22 OF

9 THE UNITED STATES CODE.—Section 1750 of the Re10 vised Statutes of the United States (22 U.S.C. 4221) is

11 amended by striking ‘‘nor less than one year’’.

12 (j) AMENDMENTS TO LAWS CODIFIED IN TITLE 33

13 OF THE UNITED STATES CODE.—

14 (1) Section 2 of the Act of May 9, 1900 (33

15 U.S.C. 410) is amended by striking ‘‘any violation

16 thereof’’ and all that follows through ‘‘committed

17 against the United States’’ and inserting ‘‘whoever

18 violates any such rule or regulation shall be fined

19 under title 18, United States Code, or imprisoned

20 not more than one year, or both’’.

21 (2) Section 16 of the Act of March 3, 1899 (33

22 U.S.C. 411) is amended by striking ‘‘shall be guilty’’

23 and all that follows through ‘‘discretion of the

24 court’’ and inserting ‘‘shall be fined under title 18,
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1 United States Code, or imprisoned not more than

2 one year, or both’’.

3 (3) Section 1 of the Act of June 29, 1888 (33

4 U.S.C. 441) is amended—

5 (A) by striking ‘‘and every such act is

6 made a misdemeanor,’’; and

7 (B) by striking ‘‘, upon conviction’’ and all

8 that follows through ‘‘obtained shall decide’’

9 and inserting ‘‘be fined under title 18, United

10 States Code, or imprisoned not more than one

11 year, or both’’.

12 (4) Section 3 of the Act of June 29, 1888 (33

13 U.S.C. 447) is amended by striking ‘‘, on convic14 tion’’ and all that follows through ‘‘one year’’ and

15 inserting ‘‘be fined under title 18, United States

16 Code, or imprisoned not more than one year, or

17 both’’.

18 (k) AMENDMENT TO LAW CODIFIED IN TITLE 45 OF

19 THE UNITED STATES CODE.—Section 15 of the Act of

20 July 2, 1864 (45 U.S.C. 83) is amended by striking

21 ‘‘deemed guilty’’ and all that follows through ‘‘six months’’

22 and inserting ‘‘fined under title 18, United States Code,

23 or imprisoned not more than 6 months, or both’’.

24 (l) AMENDMENT TO LAW IN TITLE 46 OF THE UNIT25 ED STATES CODE AND ITS APPENDIX.—Section 806(b)
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1 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1228)

2 is amended by striking ‘‘less than one year or’’.

3 (m) AMENDMENTS TO LAWS CODIFIED IN TITLE 47

4 OF THE UNITED STATES CODE.—

5 (1) Section 5 of the Act of August 7, 1888 (47

6 U.S.C. 13) is amended by striking ‘‘guilty of a mis7 demeanor’’ and all that follows through ‘‘less than

8 six months’’ and inserting ‘‘fined under title 18,

9 United States Code, or imprisoned not more than 6

10 months, or both’’.

11 (2) Section 220(e) of the Communications Act

12 of 1934 (47 U.S.C. 220(e)) is amended by striking

13 ‘‘deemed guilty’’ and all that follows through ‘‘That

14 the’’ and inserting ‘‘fined under title 18, United

15 States Code, or imprisoned not more than 3 years,

16 or both. However, the’’.

17 (n) AMENDMENTS TO LAWS IN TITLE 49 OF THE

18 UNITED STATES CODE AND ITS APPENDIX.—

19 (1) Section 11911 of title 49, United States

20 Code, is amended—

21 (A) in subsection (a)—

22 (i) by striking ‘‘at least $1,000 but’’;

23 and

24 (ii) by striking ‘‘at least one year

25 but’’; and
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1 (B) in subsection (b)—

2 (i) by striking ‘‘at least $1,000 but’’;

3 and

4 (ii) by striking ‘‘at least one year

5 but’’.

6 (2) Section 902(i)(1) of the Federal Aviation

7 Act of 1958 (49 U.S.C. App. 1472(i)(1)) is amend8 ed—

9 (A) by striking ‘‘not less than 20 years’’

10 and inserting ‘‘any term of years’’; and

11 (B) by inserting ‘‘or for any term of years’’

12 after ‘‘imprisonment for life’’.

13 Subtitle F—Coerced Confessions

14 and Harmless Error

15 SEC. 651. COERCED CONFESSIONS AND HARMLESS ERROR.

16 If, on direct or collateral review of a Federal or State

17 criminal judgment, including an action pursuant to chap18 ter 153, title 28, United States Code, any court of the

19 United States determines that a Federal or State criminal

20 conviction or sentence was obtained in violation of the

21 United States Constitution, the court shall award relief

22 unless, in the case of a violation that can be harmless,

23 the Federal Government or the State concerned proves,

24 beyond a reasonable doubt, that the error did not contrib25 ute to the conviction or sentence. The admission into evi-
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1 dence of a coerced confession shall not be considered

2 harmless error. For purposes of this section, a confession

3 is coerced if it is elicited involuntarily in violation of the

4 fifth or fourteenth articles of amendment to the Constitu5 tion of the United States.

6 TITLE VII—FISCAL IMPACT OF

7 CRIMINAL JUSTICE SENTENC8 ING

9 SEC. 701. CRIMINAL JUSTICE IMPACT STATEMENT.

10 (a) IN GENERAL.—The Congressional Budget Office

11 shall prepare a criminal justice impact assessment for any

12 bill, joint resolution, amendment, motion, or conference re13 port that could increase or decrease the number of persons

14 incarcerated in State or Federal penal institutions.

15 (b) CONTENTS.—A criminal justice impact assess16 ment shall include—

17 (1) an estimate of the costs which would be in18 curred in carrying out the bill, joint resolution,

19 amendment, motion, or conference report in the cur20 rent fiscal year and in each of the five succeeding

21 fiscal years, including the costs associated with—

22 (A) prison, probation, and post-prison su23 pervision services;

24 (B) the Department of Justice;
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1 (C) the judiciary, including the expense of

2 additional panel attorneys and jurors; and

3 (D) any other significant factor affecting

4 the cost of the measure and its impact on the

5 operations of components of the criminal justice

6 system; and

7 (2) a description of the methodologies, sources,

8 and assumptions utilized in estimating each of these

9 categories.

10 (c) PREPARATION.—The Congressional Budget Of11 fice shall prepare a statement—

12 (1) not more than 7 days after a bill or con13 ference report is reported out of committee; or

14 (2) not more than 7 days after a bill, amend15 ment, or motion is submitted to the Congressional

16 Budget Office for evaluation by the sponsor.

17 In preparing a statement, the Congressional Budget Office

18 shall draw upon all relevant sources of information, includ19 ing the Administrative Office of the Courts, the Bureau

20 of Prisons, the United States Sentencing Commission, Of21 fice of Justice Programs, and, where appropriate, non-gov22 ernmental agencies.

23 SEC. 702. POINT OF ORDER.

24 It shall not be in order in either the House of Rep25 resentatives or the Senate to consider any bill, joint resolu-
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1 tion, amendment, motion, or conference report that would

2 increase or decrease the number of persons incarcerated

3 in State or Federal penal institutions unless such bill,

4 joint resolution, amendment, motion, or conference report

5 is accompanied by a criminal justice impact statement pre6 pared by the Congressional Budget Office.

7 SEC. 703. REPORT.

8 The Congressional Budget Office shall prepare and

9 transmit to the Congress, by March 1 of each year, a sum10 mary report reflecting the cumulative fiscal effect of all

11 relevant changes in the law that will increase or decrease

12 the number of persons incarcerated in State or Federal

13 penal institutions taking effect during the preceding cal14 endar year.

15 TITLE VIII—HABEAS CORPUS

16 REFORM

17 SEC. 801. SHORT TITLE.

18 This title may be cited as the ‘‘Habeas Corpus Re19 form Act of 1993’’.

20 SEC. 802. STATUTE OF LIMITATIONS.

21 Section 2254 of title 28, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(g)(1) In the case of an applicant under sentence

24 of death, any application for habeas corpus relief under
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1 this section must be filed in the appropriate district court

2 not later than 1 year after—

3 ‘‘(A) the date of denial of a writ of certiorari,

4 if a petition for a writ of certiorari to the highest

5 court of the State on direct appeal or unitary review

6 of the conviction and sentence is filed, within the

7 time limits established by law, in the Supreme

8 Court;

9 ‘‘(B) the date of issuance of the mandate of the

10 highest court of the State on direct appeal or uni11 tary review of the conviction and sentence, if a peti12 tion for a writ of certiorari is not filed, within the

13 time limits established by law, in the Supreme

14 Court; or

15 ‘‘(C) the date of issuance of the mandate of the

16 Supreme Court, if on a petition for a writ of certio17 rari the Supreme Court grants the writ and disposes

18 of the case in a manner that leaves the capital sen19 tence undisturbed.

20 ‘‘(2) The time requirements established by this sec21 tion shall be tolled—

22 ‘‘(A) during any period in which the State has

23 failed to provide counsel as required in section 2257

24 of this chapter;
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1 ‘‘(B) during the period from the date the appli2 cant files an application for State postconviction re3 lief until final disposition of the application by the

4 State appellate courts, if all filing deadlines are met;

5 and

6 ‘‘(C) during an additional period not to exceed

7 90 days, if counsel moves for an extension in the

8 district court that would have jurisdiction of a ha9 beas corpus application and makes a showing of

10 good cause.’’.

11 SEC. 803. STAYS OF EXECUTION IN CAPITAL CASES.

12 Section 2251 of title 28, United States Code, is

13 amended—

14 (1) by inserting ‘‘(a)(1)’’ before the first para15 graph;

16 (2) by inserting ‘‘(2)’’ before the second para17 graph; and

18 (3) by adding at the end the following:

19 ‘‘(b) In the case of an individual under sentence of

20 death, a warrant or order setting an execution shall be

21 stayed upon application to any court that would have ju22 risdiction over an application for habeas corpus under this

23 chapter. The stay shall be contingent upon reasonable dili24 gence by the individual in pursuing relief with respect to

25 such sentence and shall expire if—
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1 ‘‘(1) the individual fails to apply for relief

2 under this chapter within the time requirements es3 tablished by section 2254(g) of this chapter;

4 ‘‘(2) upon completion of district court and court

5 of appeals review under section 2254 of this chapter,

6 the application is denied and—

7 ‘‘(A) the time for filing a petition for a

8 writ of certiorari expires before a petition is

9 filed;

10 ‘‘(B) a timely petition for a writ of certio11 rari is filed and the Supreme Court denies the

12 petition; or

13 ‘‘(C) a timely petition for certiorari is filed

14 and, upon consideration of the case, the Su15 preme Court disposes of it in a manner that

16 leaves the capital sentence undisturbed; or

17 ‘‘(3) before a court of competent jurisdiction, in

18 the presence of counsel qualified under section 2257

19 of this chapter and after being advised of the con20 sequences of the decision, an individual waives the

21 right to pursue relief under this chapter.’’.

22 SEC. 804. LAW APPLICABLE.

23 (a) IN GENERAL.—Chapter 153 of title 28, United

24 States Code, is amended by adding at the end the follow25 ing:
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1 ‘‘§ 2256. Law applicable

2 ‘‘(a) Except as provided in subsection (b), in an ac3 tion under this chapter, the court shall not apply a new

4 rule.

5 ‘‘(b) A court shall apply a new rule, if the new rule—

6 ‘‘(1) places the claimant’s conduct beyond the

7 power of the criminal law-making authority to pro8 scribe or punish with the sanction imposed; or

9 ‘‘(2) requires the observance of procedures

10 without which the likelihood of an accurate convic11 tion or valid capital sentence is seriously diminished.

12 ‘‘(c) As used in this section, the term ‘new rule’

13 means a clear break from precedent, announced by the

14 Supreme Court of the United States, that could not rea15 sonably have been anticipated at the time the claimant’s

16 sentence became final in State court. A rule is not ‘new’

17 merely because it was not dictated or compelled by the

18 precedents existing at that time or because, at that time,

19 it was susceptible to debate among reasonable minds.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of chapter 153 of title 28, United States

22 Code, is amended by adding at the end the following:

‘‘2256. Law applicable.’’.
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1 SEC. 805. COUNSEL IN CAPITAL CASES; STATE COURT.

2 (a) IN GENERAL.—Chapter 153 of title 28, United

3 States Code, is amended by adding after the provision

4 added by section 804 of this subtitle the following:

5 ‘‘§ 2257. Counsel in capital cases; State court

6 ‘‘(a) Notwithstanding section 2254(d) of this chapter,

7 the court in an action under this chapter shall neither pre8 sume a finding of fact made in a State court proceeding

9 specified in subsection (b)(1) of this section to be correct

10 nor decline to consider a claim on the ground that it was

11 not raised in such a proceeding at the time or in the man12 ner prescribed by State law, unless—

13 ‘‘(1) the relevant State maintains a mechanism

14 for providing legal services to indigents in capital

15 cases that meets the specifications in subsection (b)

16 of this section;

17 ‘‘(2) if the applicant in the instant case was eli18 gible for the appointment of counsel and did not

19 waive such an appointment, the State actually ap20 pointed an attorney or attorneys to represent the ap21 plicant in the State proceeding in which the finding

22 of fact was made or the default occurred; and

23 ‘‘(3) the attorney or attorneys so appointed

24 substantially met both the qualification standards

25 specified in subsection (b)(3)(A) or (b)(4) of this
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1 section and the performance standards established

2 by the appointing authority.

3 ‘‘(b) A mechanism for providing legal services to

4 indigents within the meaning of subsection (a)(1) of this

5 section shall include the following elements:

6 ‘‘(1) The State shall provide legal services to—

7 ‘‘(A) indigents charged with offenses for

8 which capital punishment is sought;

9 ‘‘(B) indigents who have been sentenced to

10 death and who seek appellate, collateral, or uni11 tary review in State court; and

12 ‘‘(C) indigents who have been sentenced to

13 death and who seek certiorari review of State

14 court judgments in the United States Supreme

15 Court.

16 ‘‘(2) The State shall establish a counsel author17 ity, which shall be—

18 ‘‘(A) a statewide defender organization;

19 ‘‘(B) a resource center; or

20 ‘‘(C) a counsel authority appointed by the

21 highest State court having jurisdiction over

22 criminal matters, consisting of members of the

23 bar with substantial experience in, or commit24 ment to, the representation of criminal defend25 ants in capital cases, and comprised of a bal-
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1 anced representation from each segment of the

2 State’s criminal defense bar.

3 ‘‘(3) The counsel authority shall—

4 ‘‘(A) publish a roster of attorneys qualified

5 to be appointed in capital cases, procedures by

6 which attorneys are appointed, and standards

7 governing qualifications and performance of

8 counsel, which shall include—

9 ‘‘(i) knowledge and understanding of

10 pertinent legal authorities regarding issues

11 in capital cases; and

12 ‘‘(ii) skills in the conduct of negotia13 tions and litigation in capital cases, the in14 vestigation of capital cases and the psy15 chiatric history and current condition of

16 capital clients, and the preparation and

17 writing of legal papers in capital cases;

18 ‘‘(B) monitor the performance of attorneys

19 appointed and delete from the roster any attor20 ney who fails to meet qualification and perform21 ance standards; and

22 ‘‘(C) appoint a defense team, which shall

23 include at least 2 attorneys, to represent a cli24 ent at the relevant stage of proceedings, within
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1 30 days after receiving notice of the need for

2 the appointment from the relevant State court.

3 ‘‘(4) An attorney who is not listed on the roster

4 shall be appointed only on the request of the client

5 concerned and in circumstances in which the attor6 ney requested is able to provide the client with qual7 ity legal representation.

8 ‘‘(5) No counsel appointed pursuant to this sec9 tion to represent a prisoner in State postconviction

10 proceedings shall have previously represented the

11 prisoner at trial or on direct appeal in the case for

12 which the appointment is made, unless the prisoner

13 and counsel expressly request continued representa14 tion.

15 ‘‘(6) The ineffectiveness or incompetence of

16 counsel appointed pursuant to this section during

17 State or Federal postconviction proceedings shall not

18 be a ground for relief in a proceeding arising under

19 section 2254 of this title. This limitation shall not

20 preclude the appointment of different counsel at any

21 phase of State or Federal postconviction proceed22 ings.

23 ‘‘(7) Upon receipt of notice from the counsel

24 authority that an individual entitled to the appoint25 ment of counsel under this section has declined to
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1 accept such an appointment, the court requesting

2 the appointment shall conduct, or cause to be con3 ducted, a hearing, at which the individual and coun4 sel proposed to be appointed under this section shall

5 be present, to determine the individual’s competency

6 to decline the appointment, and whether the individ7 ual has knowingly and intelligently declined it.

8 ‘‘(8) Attorneys appointed pursuant to this sec9 tion shall be compensated on an hourly basis pursu10 ant to a schedule of hourly rates as periodically es11 tablished by the counsel authority after consultation

12 with the highest State court with jurisdiction over

13 criminal matters. Appointed counsel shall be reim14 bursed for expenses reasonably incurred in rep15 resenting the client, including the costs of law clerks,

16 paralegals, investigators, experts, or other support

17 services.

18 ‘‘(9) Support services for staff attorneys of a

19 defender organization or resource center shall be

20 equal to the services listed in paragraph (8).’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of chapter 153 of title 28, United States

23 Code, is amended by adding after the provision added by

24 section 804 the following:

‘‘2257. Counsel in capital cases; State court.’’.
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1 SEC. 806. SUCCESSIVE FEDERAL PETITIONS.

2 Section 2244(b) of title 28, United States Code, is

3 amended—

4 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

5 (2) by inserting ‘‘, in the case of an applicant

6 not under sentence of death,’’ after ‘‘When’’; and

7 (3) by adding at the end the following:

8 ‘‘(2) In the case of an applicant under sentence

9 of death, a claim presented in a second or successive

10 application, that was not presented in a prior appli11 cation under this chapter, shall be dismissed un12 less—

13 ‘‘(A) the applicant shows that—

14 ‘‘(i) the basis of the claim could not

15 have been discovered by the exercise of

16 reasonable diligence before the applicant

17 filed the prior application; or

18 ‘‘(ii) the failure to raise the claim in

19 the prior application was due to action by

20 State officials in violation of the Constitu21 tion of the United States; and

22 ‘‘(B) the facts underlying the claim would

23 be sufficient, if proven, to undermine the

24 court’s confidence in the applicant’s guilt of the

25 offense or offenses for which the capital sen-
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1 tence was imposed, or in the validity of that

2 sentence under Federal law.’’.

3 SEC. 807. CERTIFICATES OF PROBABLE CAUSE.

4 The third paragraph of section 2253, of title 28,

5 United States Code, is amended to read as follows:

6 ‘‘An appeal may not be taken to the court of

7 appeals from the final order in a habeas corpus pro8 ceeding where the detention complained of arises out

9 of process issued by a State court, unless the justice

10 or judge who rendered the order or a circuit justice

11 or judge issues a certificate of probable cause. How12 ever, an applicant under sentence of death shall have

13 a right of appeal without a certification of probable

14 cause, except after denial of a second or successive

15 application.’’.

16 SEC. 808. DUTIES OF THE DISTRICT COURT.

17 Section 2254(a) of title 28, United States Code, is

18 amended by adding at the end the following:

19 ‘‘In adjudicating the merits of any such ground,

20 the court shall exercise independent judgment in

21 ascertaining the pertinent Federal legal standards

22 and in applying those standards to the facts and

23 shall not defer to a previous State court judgment

24 regarding a Federal legal standard or its application.

25 Upon request, the court shall permit the parties to
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1 present evidence regarding material facts that were

2 not adequately developed in State court. The court

3 shall award relief with respect to any meritorious

4 constitutional ground, unless, in the case of a viola5 tion that can be harmless, the respondent shows that

6 the error was harmless beyond a reasonable doubt.’’.

7 SEC. 809. CLAIMS OF INNOCENCE.

8 (a) IN GENERAL.—Chapter 153 of title 28, United

9 States Code, is amended by adding after the provision

10 added by section 805 of this subtitle the following:

11 ‘‘§ 2258. Claims of innocence

12 ‘‘(a) At any time, and notwithstanding any other pro13 vision of law, a district court shall issue habeas corpus

14 relief on behalf of an applicant under sentence of death,

15 imposed either in Federal or in State court, who offers

16 credible newly discovered evidence which, had it been pre17 sented to the trier of fact or sentencing authority at trial,

18 would probably have resulted in—

19 ‘‘(1) an acquittal of the offense for which the

20 death sentence was imposed; or

21 ‘‘(2) a sentence other than death.

22 ‘‘(b) An application filed pursuant to subsection (a)

23 shall offer substantial evidence which, if credible, would

24 establish one of the standards in subsection (a)(1) or (2).

25 An application that fails to do so may be dismissed.
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1 ‘‘(c) If the court concludes that an application meets

2 the requirements in subsection (b), the court shall—

3 ‘‘(1) order the respondent to file an answer;

4 ‘‘(2) permit the parties to conduct reasonable

5 discovery;

6 ‘‘(3) conduct a hearing to resolve disputed is7 sues of fact; and

8 ‘‘(4) upon request, issue a stay of execution

9 pending further proceedings in the district court and

10 on direct review of the district court’s judgment.

11 ‘‘(d) If the court concludes that the applicant meets

12 the standards established by subsection (a)(1) or (2), the

13 court shall order his or her release, unless a new trial or,

14 in an appropriate case, a new sentencing proceeding, is

15 conducted within a reasonable time.

16 ‘‘(e) If the court determines that the applicant is cur17 rently entitled to pursue other available and effective rem18 edies in either State or Federal court, the court may, at

19 the request of either party, suspend its consideration of

20 the application under this section until the applicant has

21 exhausted those remedies. A stay issued pursuant to sub22 section (c) shall remain in effect during such a suspension.

23 ‘‘(f) An application under this section may be consoli24 dated with any other pending application under this chap25 ter, filed by the same applicant.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 153 of title 28, United States

3 Code, is amended by adding after the provision added by

4 section 805 of this subtitle the following:

‘‘2258. Claims of innocence.’’.

5 SEC. 810. PROCEDURAL DEFAULT IN STATE COURT.

6 Section 2254 of title 28, United States Code, is

7 amended by adding the following:

8 ‘‘(h)(1) A district court shall decline to consider a

9 claim under this section if—

10 ‘‘(A) the applicant previously failed to raise the

11 claim in State court at the time and in the manner

12 prescribed by State law; the State courts, for that

13 reason, refused or would refuse to entertain the

14 claim; such refusal would constitute an adequate and

15 independent State law ground that would foreclose

16 direct review of the State court judgment in the Su17 preme Court of the United States; and

18 ‘‘(B) the applicant fails to show cause for the

19 failure to raise the claim in State court and preju20 dice to the applicant’s right to fair proceedings or to

21 an accurate outcome resulting from the alleged viola22 tion of the Federal right asserted, or that failure to

23 consider the claim would result in a miscarriage of

24 justice.
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1 ‘‘(2) The court shall not find cause in any case in

2 which it appears that the applicant or counsel deliberately

3 withheld a claim from the State courts for strategic pur4 poses. An applicant may establish cause by showing that—

5 ‘‘(A) the factual basis of the claim could not

6 have been discovered by the exercise of reasonable

7 diligence before the applicant could have raised the

8 claim in State court;

9 ‘‘(B) the claim relies on a decision of the Su10 preme Court of the United States, announced after

11 the applicant might have raised the claim in State

12 court; or

13 ‘‘(C) the failure to raise the claim in State

14 court was due to interference by State officials,

15 counsel’s ignorance or neglect, or counsel’s ineffec16 tive assistance in violation of the Constitution.’’.

17 TITLE IX—GUN CONTROL

18 Subtitle A—Firearms

19 SEC. 901. FEDERAL FIREARMS LICENSEE REQUIRED TO

20 CONDUCT CRIMINAL BACKGROUND CHECK

21 BEFORE TRANSFER OF FIREARM TO

22 NONLICENSEE.

23 (a) INTERIM PROVISION.—
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1 (1) IN GENERAL.—Section 922 of title 18,

2 United States Code, is amended by adding at the

3 end the following:

4 ‘‘(s)(1) Beginning on the date that is 90 days after

5 the date of enactment of this subsection and ending on

6 the day before the date that the Attorney General certifies

7 under section 902(d)(1) of the Crime Prevention and

8 Criminal Justice Reform Act that the national instant

9 criminal background check system is established (except

10 as provided in paragraphs (2) and (3) of such section),

11 it shall be unlawful for any licensed importer, licensed

12 manufacturer, or licensed dealer to sell, deliver, or transfer

13 a handgun to an individual who is not licensed under sec14 tion 923, unless—

15 ‘‘(A) after the most recent proposal of such

16 transfer by the transferee—

17 ‘‘(i) the transferor has—

18 ‘‘(I) received from the transferee a

19 statement of the transferee containing the

20 information described in paragraph (3);

21 ‘‘(II) verified the identity of the trans22 feree by examining the identification docu23 ment presented;

24 ‘‘(III) within 1 day after the trans25 feree furnishes the statement, provided no-
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1 tice of the contents of the statement to the

2 chief law enforcement officer of the place

3 of residence of the transferee; and

4 ‘‘(IV) within 1 day after the trans5 feree furnishes the statement, transmitted

6 a copy of the statement to the chief law

7 enforcement officer of the place of resi8 dence of the transferee; and

9 ‘‘(ii)(I) 7 business days (as defined by days

10 in which State offices are open) have elapsed

11 from the date the transferor furnished notice of

12 the contents of the statement to the chief law

13 enforcement officer, during which period the

14 transferor has not received information from

15 the chief law enforcement officer that receipt or

16 possession of the handgun by the transferee

17 would be in violation of Federal, State, or local

18 law; or

19 ‘‘(II) the transferor has received notice

20 from the chief law enforcement officer that the

21 officer has no information indicating that re22 ceipt or possession of the handgun by the trans23 feree would violate Federal, State, or local law;

24 ‘‘(B) the transferee has presented to the trans25 feror a written statement, issued by the chief law en-
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1 forcement officer of the place of residence of the

2 transferee during the 10-day period ending on the

3 date of the most recent proposal of such transfer by

4 the transferee, stating that the transferee requires

5 access to a handgun because of a threat to the life

6 of the transferee or of any member of the household

7 of the transferee;

8 ‘‘(C)(i) the transferee has presented to the

9 transferor a permit that—

10 ‘‘(I) allows the transferee to possess a

11 handgun; and

12 ‘‘(II) was issued not more than 5 years

13 earlier by the State in which the transfer is to

14 take place; and

15 ‘‘(ii) the law of the State provides that such a

16 permit is to be issued only after an authorized gov17 ernment official has verified that the information

18 available to such official does not indicate that pos19 session of a handgun by the transferee would be in

20 violation of the law;

21 ‘‘(D) the law of the State requires that, before

22 any licensed importer, licensed manufacturer, or li23 censed dealer completes the transfer of a handgun to

24 an individual who is not licensed under section 923,

25 an authorized government official verify that the in-
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1 formation available to such official does not indicate

2 that possession of a handgun by the transferee

3 would be in violation of law, except that this sub4 paragraph shall not apply to a State that, on the

5 date of certification pursuant to section 902(d) of

6 the Crime Prevention and Criminal Justice Reform

7 Act, is not in compliance with the timetable estab8 lished pursuant to section 902(c) of such Act;

9 ‘‘(E) the Secretary has approved the transfer

10 under section 5812 of the Internal Revenue Code of

11 1986; or

12 ‘‘(F) on application of the transferor, the Sec13 retary has certified that compliance with subpara14 graph (A)(i)(III) is impracticable because—

15 ‘‘(i) the ratio of the number of law enforce16 ment officers of the State in which the transfer

17 is to occur to the number of square miles of

18 land area of the State does not exceed 0.0025;

19 ‘‘(ii) the business premises of the trans20 feror at which the transfer is to occur are ex21 tremely remote in relation to the chief law en22 forcement officer; and

23 ‘‘(iii) there is an absence of telecommuni24 cations facilities in the geographical area in

25 which the business premises are located.
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1 ‘‘(2) A chief law enforcement officer to whom a trans2 feror has provided notice pursuant to paragraph

3 (1)(A)(i)(III) shall make a reasonable effort to ascertain

4 within 5 business days whether the transferee has a crimi5 nal record or whether there is any other legal impediment

6 to the transferee’s receiving a handgun, including research

7 in whatever State and local recordkeeping systems are

8 available and in a national system designated by the Attor9 ney General.

10 ‘‘(3) The statement referred to in paragraph

11 (1)(A)(i)(I) shall contain only—

12 ‘‘(A) the name, address, and date of birth ap13 pearing on a valid identification document (as de14 fined in section 1028(d)(1)) of the transferee con15 taining a photograph of the transferee and a de16 scription of the identification used;

17 ‘‘(B) a statement that transferee—

18 ‘‘(i) is not under indictment for, and has

19 not been convicted in any court of, a crime pun20 ishable by imprisonment for a term exceeding 1

21 year;

22 ‘‘(ii) is not a fugitive from justice;

23 ‘‘(iii) is not an unlawful user of or addicted

24 to any controlled substance (as defined in sec25 tion 102 of the Controlled Substances Act);
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1 ‘‘(iv) has not been adjudicated as a mental

2 defective or been committed to a mental institu3 tion;

4 ‘‘(v) is not an alien who is illegally or un5 lawfully in the United States;

6 ‘‘(vi) has not been discharged from the

7 Armed Forces under dishonorable conditions;

8 and

9 ‘‘(vii) is not a person who, having been a

10 citizen of the United States, has renounced

11 such citizenship;

12 ‘‘(C) the date the statement is made; and

13 ‘‘(D) notice that the transferee intends to ob14 tain a handgun from the transferor.

15 ‘‘(4) Any transferor of a handgun who, after such

16 transfer, receives a report from a chief law enforcement

17 officer containing information that receipt or possession

18 of the handgun by the transferee violates Federal, State,

19 or local law shall immediately communicate all information

20 the transferor has about the transfer and the transferee

21 to—

22 ‘‘(A) the chief law enforcement officer of the

23 place of business of the transferor; and

24 ‘‘(B) the chief law enforcement officer of the

25 place of residence of the transferee.
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1 ‘‘(5) Any transferor who receives information, not

2 otherwise available to the public, in a report under this

3 subsection shall not disclose such information except to

4 the transferee, to law enforcement authorities, or pursuant

5 to the direction of a court of law.

6 ‘‘(6)(A) Any transferor who sells, delivers, or other7 wise transfers a handgun to a transferee shall retain the

8 copy of the statement of the transferee with respect to

9 the handgun transaction, and shall retain evidence that

10 the transferor has complied with subclauses (III) and (IV)

11 of paragraph (1)(A)(i) with respect to the statement.

12 ‘‘(B) Unless the chief law enforcement officer to

13 whom a statement is transmitted under paragraph

14 (1)(A)(i)(IV) determines that a transaction would violate

15 Federal, State, or local law—

16 ‘‘(i) the officer shall, within 20 business days

17 after the date the transferee made the statement on

18 the basis of which the notice was provided, destroy

19 the statement and any record containing information

20 derived from the statement;

21 ‘‘(ii) the information contained in the statement

22 shall not be conveyed to any person except a person

23 who has a need to know in order to carry out this

24 subsection; and
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1 ‘‘(iii) the information contained in the state2 ment shall not be used for any purpose other than

3 to carry out this subsection.

4 ‘‘(7) A chief law enforcement officer or other person

5 responsible for providing criminal history background in6 formation pursuant to this subsection shall not be liable

7 in an action at law for damages—

8 ‘‘(A) for failure to prevent the sale or transfer

9 of a handgun to a person whose receipt or posses10 sion of the handgun is unlawful under this section;

11 or

12 ‘‘(B) for preventing such a sale or transfer to

13 a person who may lawfully receive or possess a

14 handgun.

15 ‘‘(8) For purposes of this subsection, the term ‘chief

16 law enforcement officer’ means the chief of police, the

17 sheriff, or an equivalent officer or the designee of any such

18 individual.

19 ‘‘(9) The Secretary shall take necessary actions to en20 sure that the provisions of this subsection are published

21 and disseminated to licensed dealers, law enforcement offi22 cials, and the public.’’.

23 (2) HANDGUN DEFINED.—Section 921(a) of

24 such title is amended by adding at the end the fol25 lowing:
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1 ‘‘(29) The term ‘handgun’ means—

2 ‘‘(A) a firearm which has a short stock and is

3 designed to be held and fired by the use of a single

4 hand; and

5 ‘‘(B) any combination of parts from which a

6 firearm described in subparagraph (A) can be as7 sembled.’’.

8 (b) PERMANENT PROVISION.—Section 922 of title

9 18, United States Code, as amended by subsection (a)(1)

10 of this section, is amended by adding at the end the follow11 ing:

12 ‘‘(t)(1) Beginning on the date that the Attorney Gen13 eral certifies under section 902(d)(1) of the Crime Preven14 tion and Criminal Justice Reform Act that the national

15 instant criminal background check system is established

16 (except as provided in paragraphs (2) and (3) of such sec17 tion), a licensed importer, licensed manufacturer, or li18 censed dealer shall not transfer a firearm to any other

19 person who is not such a licensee, unless—

20 ‘‘(A) before the completion of the transfer, the

21 licensee contacts the national instant criminal back22 ground check system established under section 903

23 of such Act;

24 ‘‘(B) the system notifies the licensee that the

25 system has not located any record that demonstrates
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1 that the receipt of a firearm by such other person

2 would violate subsection (g) or (n) of this section or

3 any State or local law; and

4 ‘‘(C) the transferor has verified the identity of

5 the transferee by examining a valid identification

6 document (as defined in section 1028(d)(1) of this

7 title) of the transferee containing a photograph of

8 the transferee.

9 ‘‘(2) Paragraph (1) shall not apply to a firearm

10 transfer between a licensee and another person if—

11 ‘‘(A)(i) such other person has presented to the

12 licensee a permit that—

13 ‘‘(I) allows such other person to possess a

14 firearm; and

15 ‘‘(II) was issued not more than 5 years

16 earlier by the State in which the transfer is to

17 take place; and

18 ‘‘(ii) the law of the State provides that such a

19 permit is to be issued only after an authorized gov20 ernment official has verified that the information

21 available to such official does not indicate that pos22 session of a firearm by such other person would be

23 in violation of law;
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1 ‘‘(B) the Secretary has approved the transfer

2 under section 5812 of the Internal Revenue Code of

3 1986; or

4 ‘‘(C) on application of the transferor, the Sec5 retary has certified that compliance with paragraph

6 (1)(A) is impracticable because—

7 ‘‘(i) the ratio of the number of law enforce8 ment officers of the State in which the transfer

9 is to occur to the number of square miles of

10 land area of the State does not exceed 0.0025;

11 ‘‘(ii) the business premises of the licensee

12 at which the transfer is to occur are extremely

13 remote in relation to the chief law enforcement

14 officer (as defined in subsection (s)(8)); and

15 ‘‘(iii) there is an absence of telecommuni16 cations facilities in the geographical area in

17 which the business premises are located.

18 ‘‘(3) If the national instant criminal background

19 check system notifies the licensee that the information

20 available to the system does not demonstrate that the re21 ceipt of a firearm by such other person would violate sub22 section (g) or (n), and the licensee transfers a firearm to

23 such other person, the licensee shall include in the record

24 of the transfer the unique identification number provided

25 by the system with respect to the transfer.
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1 ‘‘(4) In addition to the authority provided under sec2 tion 923(e), if the licensee knowingly transfers a firearm

3 to such other person and knowingly fails to comply with

4 paragraph (1) of this subsection with respect to the trans5 fer and, at the time such other person most recently pro6 posed the transfer, the national instant criminal back7 ground check system was operating and information was

8 available to the system demonstrating that receipt of a

9 firearm by such other person would violate subsection (g)

10 or (n) of this section, the Secretary may, after notice and

11 opportunity for a hearing, suspend for not more than 6

12 months or revoke any license issued to the licensee under

13 section 923, and may impose on the licensee a civil fine

14 of not more than $5,000.

15 ‘‘(5) Neither a local government nor an employee of

16 the Federal Government or of any State or local govern17 ment, responsible for providing information to the national

18 instant criminal background check system shall be liable

19 in an action at law for damages—

20 ‘‘(A) for failure to prevent the sale or transfer

21 of a handgun to a person whose receipt or posses22 sion of the handgun is unlawful under this section;

23 or
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1 ‘‘(B) for preventing such a sale or transfer to

2 a person who may lawfully receive or possess a

3 handgun.’’.

4 (c) PENALTY.—Section 924(a) of title 18, United

5 States Code, is amended—

6 (1) in paragraph (1), by striking ‘‘paragraph

7 (2) or (3) of’’; and

8 (2) by adding at the end the following:

9 ‘‘(5) Whoever knowingly violates subsection (s) or (t)

10 of section 922 shall be fined not more than $1,000, impris11 oned for not more than 1 year, or both.’’.

12 SEC. 902. NATIONAL INSTANT CRIMINAL BACKGROUND

13 CHECK SYSTEM.

14 (a) ESTABLISHMENT OF SYSTEM.—The Attorney

15 General of the United States shall establish a national in16 stant criminal background check system that any licensee

17 may contact for information on whether receipt of a fire18 arm by a prospective transferee thereof would violate sub19 section (g) or (n) of section 922 of title 18, United States

20 Code, or any State or local law.

21 (b) EXPEDITED ACTION BY THE ATTORNEY GEN22 ERAL.—The Attorney General shall expedite—

23 (1) the upgrading and indexing of State crimi24 nal history records in the Federal criminal records
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1 system maintained by the Federal Bureau of Inves2 tigation;

3 (2) the development of hardware and software

4 systems to link State criminal history check systems

5 into the national instant criminal background check

6 system established by the Attorney General pursuant

7 to this section; and

8 (3) the current revitalization initiatives by the

9 Federal Bureau of Investigation for technologically

10 advanced fingerprint and criminal records identifica11 tion.

12 (c) PROVISION OF STATE CRIMINAL RECORDS TO

13 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK

14 SYSTEM.—(1) Not later than 6 months after the date of

15 enactment of this Act, the Attorney General shall—

16 (A) determine the type of computer hardware

17 and software that will be used to operate the na18 tional instant criminal background check system and

19 the means by which State criminal records systems

20 will communicate with the national system;

21 (B) investigate the criminal records system of

22 each State and determine for each State a timetable

23 by which the State should be able to provide crimi24 nal records on an on line capacity basis to the na25 tional system;
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1 (C) notify each State of the determinations

2 made pursuant to subparagraphs (A) and (B).

3 (2) The Attorney General shall require as a part of

4 the State timetable that the State achieve, by the end of

5 5 years after the date of enactment of this Act, at least

6 80 percent currency of case dispositions in computerized

7 criminal history files for all cases in which there has been

8 an event of activity within the last 5 years and continue

9 to maintain such a system.

10 (d) NATIONAL SYSTEM CERTIFICATION.—(1) On the

11 date that is 30 months after the date of enactment of this

12 Act, and at any time thereafter, the Attorney General shall

13 determine whether—

14 (A) the national system has achieved at least

15 80 percent currency of case dispositions in comput16 erized criminal history files for all cases in which

17 there has been an event of activity within the last

18 5 years on a national average basis; and

19 (B) the States are in compliance with the time20 table established pursuant to subsection (c),

21 and, if so, shall certify that the national system is estab22 lished.

23 (2) If, on the date of certification in paragraph (1)

24 of this subsection, a State is not in compliance with the

25 timetable established pursuant to subsection (c) of this
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1 section, section 922(s) of title 18, United States Code,

2 shall remain in effect in such State and section 922(t) of

3 such title shall not apply to the State. The Attorney Gen4 eral shall certify if a State subject to the provisions of

5 section 922(s) under the preceding sentence achieves com6 pliance with its timetable after the date of certification

7 in paragraph (1) of this subsection, and section 922(t) of

8 such title shall apply to the State.

9 (3) Six years after the date of enactment of this Act,

10 the Attorney General shall certify whether or not a State

11 is in compliance with subsection (c)(2) of this section and

12 if the State is not in compliance, section 922(s) of title

13 18, United States Code, shall apply to the State and sec14 tion 922(t) of such title shall not apply to the State. The

15 Attorney General shall certify if a State subject to the pro16 visions of section 922(s) under the preceding sentence

17 achieves compliance with the standards in subsection

18 (c)(2) of this section, and section 922(s) of title 18, United

19 States Code, shall not apply to the State and section

20 922(t) of such title shall apply to the State.

21 (e) NOTIFICATION OF LICENSEES.—On establish22 ment of the system under this section, the Attorney Gen23 eral shall notify each licensee and the chief law enforce24 ment officer of each State of the existence and purpose
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1 of the system and the means to be used to contact the

2 system.

3 (f) ADMINISTRATIVE PROVISIONS.—

4 (1) AUTHORITY TO OBTAIN OFFICIAL INFORMA5 TION.—Notwithstanding any other law, the Attorney

6 General may secure directly from any department or

7 agency of the United States such information on

8 persons for whom receipt of a firearm would violate

9 subsection (g) or (n) of section 922 of title 18, Unit10 ed States Code, or any State or local law, as is nec11 essary to enable the system to operate in accordance

12 with this section. On request of the Attorney Gen13 eral, the head of such department or agency shall

14 furnish such information to the system.

15 (2) OTHER AUTHORITY.—The Attorney General

16 shall develop such computer software, design and ob17 tain such telecommunications and computer hard18 ware, and employ such personnel, as are necessary

19 to establish and operate the system in accordance

20 with this section.

21 (g) CORRECTION OF ERRONEOUS SYSTEM INFORMA22 TION.—If the system established under this section in23 forms an individual contacting the system that receipt of

24 a firearm by a prospective transferee would violate sub25 section (g) or (n) of section 922 of title 18, United States
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1 Code, or any State or local law, the prospective transferee

2 may request the Attorney General to provide the prospec3 tive transferee with the reasons therefore. Upon receipt

4 of such a request, the Attorney General shall immediately

5 comply with the request. The prospective transferee may

6 submit to the Attorney General information that to cor7 rect, clarify, or supplement records of the system with re8 spect to the prospective transferee. After receipt of such

9 information, the Attorney General shall immediately con10 sider the information, investigate the matter further, and

11 correct all erroneous Federal records relating to the pro12 spective transferee and give notice of the error to any Fed13 eral department or agency or any State that was the

14 source of such erroneous records.

15 (h) REGULATIONS.—After 90 days notice to the pub16 lic and an opportunity for hearing by interested parties,

17 the Attorney General shall prescribe regulations to ensure

18 the privacy and security of the information of the system

19 established under this section.

20 (i) PROHIBITIONS RELATING TO ESTABLISHMENT OF

21 REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS.—

22 No department, agency, officer, or employee of the United

23 States may—

24 (1) require that any record or portion thereof

25 maintained by the system established under this sec-
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1 tion be recorded at or transferred to a facility

2 owned, managed, or controlled by the United States

3 or any State or political subdivision thereof; or

4 (2) use the system established under this sec5 tion to establish any system for the registration of

6 firearms, firearm owners, or firearm transactions or

7 dispositions, except with respect to persons prohib8 ited by section 922(g) or (n) of title 18, United

9 States Code, from receiving a firearm.

10 (j) DEFINITIONS.—As used in this section:

11 (1) LICENSEE.—The term ‘‘licensee’’ means a

12 licensed importer, licensed manufacturer, or licensed

13 dealer under section 923 of title 18, United States

14 Code.

15 (2) OTHER TERMS.—The terms ‘‘firearm’’, ‘‘li16 censed importer’’, ‘‘licensed manufacturer’’, and ‘‘li17 censed dealer’’ have the meanings stated in section

18 921(a) (3), (9), (10), and (11), respectively, of title

19 18, United States Code.

20 SEC. 903. FUNDING FOR IMPROVEMENT OF CRIMINAL

21 RECORDS.

22 (a) IMPROVEMENTS IN STATE RECORDS.—

23 (1) USE OF FORMULA GRANTS.—Section 509(b)

24 of title I of the Omnibus Crime Control and Safe
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1 Streets Act of 1968 (42 U.S.C. 3759(b)) is amend2 ed—

3 (A) in paragraph (2) by striking ‘‘and’’

4 after the semicolon;

5 (B) in paragraph (3) by striking the period

6 and inserting ‘‘; and’’; and

7 (C) by adding at the end the following new

8 paragraph:

9 ‘‘(4) the improvement of State record systems

10 and the sharing with the Attorney General of all of

11 the records described in paragraphs (1), (2), and (3)

12 of this subsection and the records required by the

13 Attorney General under section 902 of the Crime

14 Prevention and Criminal Justice Reform Act, for the

15 purpose of implementing such Act.’’.

16 (2) ADDITIONAL FUNDING.—

17 (A) GRANTS FOR THE IMPROVEMENT OF

18 CRIMINAL RECORDS.—The Attorney General,

19 through the Bureau of Justice Statistics, shall,

20 subject to appropriations and with preference to

21 States that as of the date of enactment of this

22 Act have the lowest percent currency of case

23 dispositions in computerized criminal history

24 files, make a grant to each State to be used—
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1 (i) for the creation of a computerized

2 criminal history record system or improve3 ment of an existing system;

4 (ii) to improve accessibility to the na5 tional instant criminal background system;

6 and

7 (iii) upon establishment of the na8 tional system, to assist the State in the

9 transmittal of criminal records to the na10 tional system.

11 (B) AUTHORIZATION OF APPROPRIA12 TIONS.—There are authorized to be appro13 priated for grants under subparagraph (A) a

14 total of $100,000,000 for fiscal year 1995 and

15 all fiscal years thereafter.

16 (b) WITHHOLDING STATE FUNDS.—Effective on the

17 date of enactment of this Act the Attorney General may

18 reduce by up to 50 percent the allocation to a State for

19 a fiscal year under title I of the Omnibus Crime Control

20 and Safe Streets Act of 1968 of a State that is not in

21 compliance with the timetable established for such State

22 under section 902(c) of this Act.

23 (c) WITHHOLDING OF DEPARTMENT OF JUSTICE

24 FUNDS.—If the Attorney General does not certify the na-
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1 tional instant criminal background check system pursuant

2 to section 902(d)(1) by—

3 (1) 30 months after the date of enactment of

4 this Act the general administrative funds appro5 priated to the Department of Justice for the fiscal

6 year beginning in the calendar year in which the

7 date that is 30 months after the date of enactment

8 of this Act falls shall be reduced by 5 percent on a

9 monthly basis; and

10 (2) 42 months after the date of enactment of

11 this Act the general administrative funds appro12 priated to the Department of Justice for the fiscal

13 year beginning in the calendar year in which the

14 date that is 42 months after the date of enactment

15 of this Act falls shall be reduced by 10 percent on

16 a monthly basis.

17 Subtitle B—Semiautomatic Assault

18 Weapons

19 SEC. 911. SHORT TITLE.

20 This subtitle may be cited as the ‘‘Semiautomatic As21 sault Weapon Violence Prevention Act of 1993’’.

22 SEC. 912. PROHIBITION OF SEMIAUTOMATIC ASSAULT

23 WEAPONS.

24 (a) DEFINITIONS.—Section 921(a) of title 18, United

25 States Code, is amended—
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1 (1) in paragraph (28) by striking ‘‘ ‘semiauto2 matic rifle’ means any repeating rifle’’ and inserting

3 ‘‘ ‘semiautomatic firearm’ means a repeating fire4 arm’’; and

5 (2) by adding at the end the following new

6 paragraph:

7 ‘‘(29) The term ‘semiautomatic assault weapon’—

8 ‘‘(A) means—

9 ‘‘(i) any of the semiautomatic firearms

10 known as—

11 ‘‘(I) A.A. Arms AP–9;

12 ‘‘(II) Auto-Ordnance Thompson;

13 ‘‘(III) Barrett Light-Fifty;

14 ‘‘(IV) Beretta AR–70;

15 ‘‘(V) Bushmaster Auto Rifle;

16 ‘‘(VI) Calico M–900 and M–950;

17 ‘‘(VII) Cobray, Ingram and RPB

18 MAC–10 and MAC–11;

19 ‘‘(VIII) Colt AR–15 and Sporter;

20 ‘‘(IX) Encom MP–9 and MP–45;

21 ‘‘(X) Fabrique Nationale FN/FAL,

22 FN/LAR, and FNC;

23 ‘‘(XI) Feather AT–9;

24 ‘‘(XII) Federal XP900 and XP450;

25 ‘‘(XIII) Franchi SPAS–12;
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1 ‘‘(XIV) Intratec TEC–9 and TEC–22;

2 ‘‘(XV) Israeli Military Industries UZI

3 and Galil;

4 ‘‘(XVI) Iver Johnson Enforcer 3000;

5 ‘‘(XVII) Norinco, Mitchell and Poly

6 Technologies Avtomat Kalashnikovs;

7 ‘‘(XVIII) Steyr AUG; or

8 ‘‘(XIX) USAS–12;

9 ‘‘(ii) a revolving-cylinder shotgun such as

10 or similar to the Street Sweeper or Striker 12;

11 and

12 ‘‘(iii) a semiautomatic firearm designated

13 by the Secretary as a semiautomatic assault

14 weapon under section 931; and

15 ‘‘(B) does not include (among other firearms)—

16 ‘‘(i) any of the firearms known as—

17 ‘‘(I) Remington Model 1100 shotgun;

18 ‘‘(II) Remington Model 7400 rifle;

19 ‘‘(III) Mossberg Model 5500 shotgun;

20 ‘‘(IV) HK Model 300 rifle;

21 ‘‘(V) Marlin Model 9 camp carbine;

22 ‘‘(VI) Browning High-Power rifle; or

23 ‘‘(VII) Remington Nylon 66 auto

24 loading rifle;
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1 ‘‘(ii) a firearm that is a manually operated

2 bolt action firearm;

3 ‘‘(iii) a lever action firearm;

4 ‘‘(iv) a slide action firearm; or

5 ‘‘(v) a firearm that has been rendered per6 manently inoperable.’’.

7 (b) PROHIBITION.—Section 922 of title 18, United

8 States Code, is amended by adding at the end the follow9 ing new subsection:

10 ‘‘(s)(1) Except as provided in paragraph (2), it shall

11 be unlawful for a person to transfer or possess a semiauto12 matic assault weapon.

13 ‘‘(2) This subsection does not apply with respect to—

14 ‘‘(A) a transfer to or by, or possession by or

15 under the authority of the United States or a de16 partment or agency of the United States or a State

17 or a department, agency, or political subdivision of

18 a State;

19 ‘‘(B) a lawful transfer or lawful possession of a

20 semiautomatic assault weapon that was lawfully pos21 sessed before the effective date of this subsection or,

22 in the case of a semiautomatic firearm that the Sec23 retary designates as a semiautomatic assault weapon

24 pursuant to section 931, before the date on which

25 the designation is made; or
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1 ‘‘(C) the transfer or possession of a semiauto2 matic assault weapon by a licensed manufacturer or

3 licensed importer for the purposes of testing or ex4 perimentation authorized by the Secretary.’’.

5 (c) DESIGNATION OF SEMIAUTOMATIC ASSAULT

6 WEAPONS.—

7 (1) IN GENERAL.—Chapter 44 of title 18, Unit8 ed States Code, is amended by adding at the end the

9 following new section:

10 ‘‘§ 931. Designation of semiautomatic assault weapons

11 ‘‘(a) IN GENERAL.—Not later than 180 days after

12 the date of enactment of this section, and annually there13 after, the Secretary, in consultation with the Attorney

14 General, shall determine whether any other semiautomatic

15 firearm (other than a firearm described in section

16 921(a)(29)(B)) should be designated as a semiautomatic

17 assault weapon in addition to those previously designated

18 by section 921(a)(29)(A) or by the Secretary under this

19 section.

20 ‘‘(b) CRITERIA.—(1) The Secretary shall by regula21 tion designate as a semiautomatic assault weapon a rifle,

22 pistol, or shotgun that is a semiautomatic firearm and

23 that is described in paragraph (2), (3), (4), or (5).
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1 ‘‘(2) A replica or duplicate in any caliber of a semi2 automatic firearm described in section 921(a)(29)(A)(i) is

3 a semiautomatic assault weapon.

4 ‘‘(3) A rifle that is a semiautomatic firearm is a semi5 automatic assault weapon if it—

6 ‘‘(A) is not generally recognized as being par7 ticularly suitable for or readily adaptable to sporting

8 purposes;

9 ‘‘(B) has an ability to accept a detachable mag10 azine; and

11 ‘‘(C) has at least 2 of the following characteris12 tics:

13 ‘‘(i) A folding or telescoping stock.

14 ‘‘(ii) A pistol grip that protrudes conspicu15 ously beneath the action of the weapon.

16 ‘‘(iii) A bayonet mount.

17 ‘‘(iv) A flash suppressor or threaded barrel

18 designed to accommodate a flash suppressor.

19 ‘‘(v) A grenade launcher.

20 ‘‘(4) A pistol that is a semiautomatic firearm is a

21 semiautomatic assault weapon if it—

22 ‘‘(A) is not generally recognized as being par23 ticularly suitable for or adaptable to sporting pur24 poses; and
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1 ‘‘(B) has an ability to accept a detachable mag2 azine; and

3 ‘‘(C) has at least 2 of the following characteris4 tics:

5 ‘‘(i) An ammunition magazine that at6 taches to the pistol outside of the pistol grip.

7 ‘‘(ii) A threaded barrel capable of accept8 ing a barrel extender, flash suppressor, forward

9 hand grip, or silencer.

10 ‘‘(iii) A shroud that is attached to or par11 tially or completely encircles the barrel and that

12 permits the shooter to hold the firearm with the

13 second hand without being burned.

14 ‘‘(iv) A manufactured weight of 50 ounces

15 or more when the pistol is unloaded.

16 ‘‘(v) A semiautomatic version of an auto17 matic firearm.

18 ‘‘(5) A shotgun that is a semiautomatic firearm is

19 a semiautomatic assault weapon if it—

20 ‘‘(A) is not generally recognized as being par21 ticularly suitable for or adaptable to sporting pur22 poses; and

23 ‘‘(B) has at least 2 of the following characteris24 tics:

25 ‘‘(i) A folding or telescoping stock.
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1 ‘‘(ii) A pistol grip that protrudes conspicu2 ously beneath the action of the weapon.

3 ‘‘(iii) A fixed magazine capacity in excess

4 of 6 rounds.

5 ‘‘(iv) An ability to accept a detachable

6 magazine.’’.

7 (2) TECHNICAL AMENDMENT.—The chapter

8 analysis for chapter 44 of title 18, United States

9 Code, is amended by adding at the end the following

10 new item:

‘‘931. Designation of semiautomatic assault weapons.’’.

11 (d) PENALTIES.—Section 924(a)(1)(B) of title 18,

12 United States Code, is amended by striking ‘‘or 922(q)’’

13 and inserting ‘‘922 (q), (r), or (s)’’.

14 (e) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC

15 ASSAULT WEAPONS.—Section 923(i) of title 18, United

16 States Code, is amended by adding at the end the follow17 ing new sentence: ‘‘The serial number of a semiautomatic

18 assault weapon shall clearly show if the weapon was manu19 factured or imported after the effective date of this sen20 tence.’’.

21 SEC. 913. PROHIBITION OF LARGE CAPACITY AMMUNITION

22 FEEDING DEVICES.

23 (a) PROHIBITION.—Section 922 of title 18, United

24 States Code, as amended by section 902 of this Act, is
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1 amended by adding at the end the following new sub2 section:

3 ‘‘(t)(1) Except as provided in paragraph (2), it shall

4 be unlawful for a person to transfer or possess a large

5 capacity ammunition feeding device.

6 ‘‘(2) This subsection does not apply with respect to—

7 ‘‘(A) a transfer to or by, or possession by or

8 under the authority of, the United States or any de9 partment or agency of the United States or a State,

10 or a department, agency, or political subdivision of

11 a State;

12 ‘‘(B) a lawful transfer or lawful possession of a

13 large capacity ammunition feeding device that was

14 lawfully possessed before the effective date of this

15 subsection other than a transfer by a licensed dealer;

16 or

17 ‘‘(C) the transfer or possession of a large ca18 pacity ammunition feeding device by a licensed man19 ufacturer or licensed importer for the purposes of

20 testing or experimentation authorized by the Sec21 retary.’’.

22 (b) LARGE CAPACITY AMMUNITION FEEDING DE23 VICE DEFINED.—Section 921(a) of title 18, United States

24 Code, as amended by section 902 of this Act, is amended

25 by adding at the end the following new paragraph:
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1 ‘‘(30) The term ‘large capacity ammunition feeding

2 device’—

3 ‘‘(A) means—

4 ‘‘(i) a magazine, belt, drum, feed strip, or

5 similar device that has a capacity of, or that

6 can be readily restored or converted to accept,

7 more than 10 rounds of ammunition; and

8 ‘‘(ii) any combination of parts from which

9 a device described in clause (i) can be assem10 bled, but

11 ‘‘(B) does not include an attached tubular de12 vice designed to accept and capable of operating only

13 with .22 caliber rimfire ammunition.’’.

14 (c) LARGE CAPACITY AMMUNITION FEEDING DE15 VICES DEFINED AND TREATED AS FIREARMS.—Section

16 921(a)(3) of title 18, United States Code, is amended in

17 the first sentence—

18 (1) by striking ‘‘or’’; and

19 (2) by striking ‘‘device.’’ and inserting ‘‘, or (E)

20 any large capacity ammunition feeding device.’’.

21 (d) PENALTY.—Section 924(a)(1)(B) of title 18,

22 United States Code, as amended by section 912(d) of this

23 Act, is amended by striking ‘‘or (s)’’ and inserting ‘‘(s),

24 or (t)’’.
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1 (e) IDENTIFICATION MARKINGS FOR LARGE CAPAC2 ITY AMMUNITION FEEDING DEVICES.—Section 923(i) of

3 title 18, United States Code, is amended by adding at the

4 end the following new sentence: ‘‘A large capacity ammu5 nition feeding device shall be identified by a serial number

6 that clearly shows the device was manufactured or im7 ported after the effective date of this subsection, and such

8 other identification as the Secretary may by regulations

9 prescribe.’’.

10 Subtitle C—Gun Violence Liability

11 SEC. 921. SHORT TITLE.

12 This subtitle may be cited as the ‘‘Gun Violence Eco13 nomic Equity Act of 1993’’.

14 SEC. 922. CAUSE OF ACTION; FEDERAL JURISDICTION.

15 (a) IN GENERAL.—Any person suffering bodily injury

16 or death as a result of the discharge of a handgun or an

17 assault weapon may bring an action in any United States

18 district court against any permissible defendant for dam19 ages and such other relief as the court deems appropriate.

20 (b) PERMISSIBLE DEFENDANTS.—The following per21 sons are permissible defendants in an action brought

22 under subsection (a) with respect to a handgun or an as23 sault weapon:

24 (1) Any manufacturer of the handgun or as25 sault weapon.
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1 (2) Any importer of the handgun or assault

2 weapon.

3 (3) Any dealer who transferred the handgun or

4 assault weapon.

5 SEC. 923. STRICT LIABILITY.

6 (a) IN GENERAL.—Each defendant in an action

7 brought under section 922(a) shall be held strictly liable

8 in tort, without regard to fault or proof of defect, for all

9 direct and consequential damages that arise from bodily

10 injury or death proximately resulting from the discharge

11 of the handgun or assault weapon with respect to which

12 the defendant is a permissible defendant, except as pro13 vided in subsection (b) of this section.

14 (b) DEFENSES.—

15 (1) INJURY WHILE COMMITTING A FELONY.—

16 There shall be no liability under subsection (a) if it

17 is established by a preponderance of the evidence

18 that the plaintiff suffered the injury while commit19 ting a crime punishable by imprisonment for a term

20 exceeding 1 year.

21 (2) SELF-INFLICTED INJURY.—There shall be

22 no liability under subsection (a) if it is established

23 by a preponderance of the evidence that the plain24 tiff’s injury was self-inflicted.
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1 (3) INJURY BY LAW ENFORCEMENT OFFICER.—

2 There shall be no liability under subsection (a) if it

3 is established by a preponderance of the evidence

4 that the injury was suffered as a result of the dis5 charge, by a law enforcement officer in the perform6 ance of official duties, of a handgun or assault weap7 on issued by the United States or any department

8 or agency thereof, or any State or any department,

9 agency, or political subdivision thereof.

10 (4) INJURY BY MEMBER OF THE UNITED

11 STATES ARMED FORCES.—There shall be no liability

12 under subsection (a) if it is established by a prepon13 derance of the evidence that the injury was suffered

14 as a result of the discharge, by a member of the

15 Armed Forces of the United States in the perform16 ance of military duties, of a handgun or assault

17 weapon issued by the United States or any depart18 ment or agency thereof.

19 (c) AUTHORITY TO AWARD A REASONABLE ATTOR20 NEY’S FEE.—In an action brought under section 2(a), the

21 court may, in its discretion, allow the prevailing party a

22 reasonable attorney’s fee as part of the costs.
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1 SEC. 924. STATUTE OF LIMITATIONS.

2 An action may not be brought under section 922(a)

3 after the 2-year period that begins with the date the injury

4 described therein is discovered.

5 SEC. 925. APPLICABILITY.

6 This Act shall apply only to handguns and assault

7 weapons manufactured in, imported into, or transferred

8 in the United States, after the effective date of this Act.

9 SEC. 926. NO EFFECT ON OTHER CAUSES OF ACTION.

10 This Act shall not be construed to limit the scope of

11 any other cause of action available to a person injured as

12 a result of the discharge of a handgun or an assault weap13 on.

14 SEC. 927. DEFINITIONS.

15 As used in this subtitle:

16 (1) HANDGUN.—The term ‘‘handgun’’ means a

17 firearm which, at the time of manufacture, had a

18 barrel of less than 12 inches in length.

19 (2) ASSAULT WEAPON.—The term ‘‘assault

20 weapon’’ means—

21 (A) a firearm—

22 (i) which—

23 (I) has a barrel of 12 or more

24 inches in length; and
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1 (II) is capable of receiving am2 munition directly from a large capac3 ity ammunition magazine; or

4 (ii) which is—

5 (I) a semiautomatic firearm; and

6 (II) not generally recognized as

7 particularly suitable for, or readily

8 adaptable to, sporting purposes; or

9 (B) a firearm which is substantially func10 tionally equivalent to a firearm described by

11 clause (i) or (ii) of subparagraph (A).

12 (3) LARGE CAPACITY AMMUNITION MAGA13 ZINE.—The term ‘‘large capacity ammunition maga14 zine’’ means a detachable magazine, belt, drum, feed

15 strip, or similar device which has, or which can be

16 readily restored or converted to have, a capacity of

17 15 or more rounds of ammunition.

18 (4) SEMIAUTOMATIC FIREARM.—The term

19 ‘‘semiautomatic firearm’’ means any repeating fire20 arm which utilizes a portion of the energy of a firing

21 cartridge to extract the fired cartridge case and

22 chamber the next round, and which requires a sepa23 rate pull of the trigger to fire each cartridge.

24 (5) LAW ENFORCEMENT OFFICER.—The term

25 ‘‘law enforcement officer’’ means any officer, agent,
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1 or employee of the United States, or of a State or

2 political subdivision thereof, who is authorized by

3 law to engage in or supervise the prevention, detec4 tion, investigation, or prosecution of any violation of

5 law.

6 (6) OTHER TERMS.—The terms ‘‘firearm’’,

7 ‘‘importer’’, ‘‘manufacturer’’, and ‘‘dealer’’ shall

8 have the meanings given such terms, respectively, in

9 paragraphs (3), (9), (10), and (11) of section 921(a)

10 of title 18, United States Code.

11 SEC. 928. EFFECTIVE DATE.

12 This subtitle shall apply to conduct occurring after

13 the end of the 20-day period that begins with the date

14 of the enactment of this Act.

15 Subtitle D—Ammunition

16 SEC. 931. RECORDS OF DISPOSITION OF AMMUNITION.

17 (a) AMENDMENT OF TITLE 18, UNITED STATES

18 CODE.—Section 923(g) of title 18, United States Code,

19 is amended—

20 (1) in paragraph (1)(A) by inserting after the

21 second sentence ‘‘Each licensed importer and manu22 facturer of ammunition shall maintain such records

23 of importation, production, shipment, sale, or other

24 disposition of ammunition at his place of business

25 for such period and in such form as the Secretary
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1 may by regulations prescribe. Such records shall in2 clude the amount, caliber, and type of ammuni3 tion.’’; and

4 (2) by adding at the end thereof the following

5 new paragraph:

6 ‘‘(6) Each licensed importer or manufacturer of am7 munition shall annually prepare a summary report of im8 ports, production, shipments, sales, and other dispositions

9 during the preceding year. The report shall be prepared

10 on a form specified by the Secretary, shall include the

11 amounts, calibers, and types of ammunition that were dis12 posed of, and shall be forwarded to the office specified

13 thereon not later than the close of business on the date

14 specified by the Secretary.’’.

15 (b) STUDY OF CRIMINAL USE AND REGULATION OF

16 AMMUNITION.—The Secretary of the Treasury shall re17 quest the National Academy of Sciences to—

18 (1) prepare, in consultation with the Secretary,

19 a study of the criminal use and regulation of ammu20 nition; and

21 (2) to submit to Congress, not later than July

22 31, 1996, a report with recommendations on the po23 tential for preventing crime by regulating or restrict24 ing the availability of ammunition.
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1 SEC. 932. INCREASE IN TAX ON CERTAIN BULLETS.

2 (a) IN GENERAL.—Section 4181 of the Internal Rev3 enue Code of 1986 (relating to the imposition of tax on

4 firearms, etc.) is amended by adding at the end the follow5 ing new flush sentence:

6 ‘‘In the case of 9 millimeter, .25 caliber, or .32 caliber

7 ammunition, the rate of tax under this section shall be

8 89 percent.’’.

9 (b) EXEMPTION FOR LAW ENFORCEMENT PUR10 POSES.—Section 4182 of the Internal Revenue Code of

11 1986 (relating to exemptions) is amended by adding at

12 the end the following new subsection:

13 ‘‘(d) LAW ENFORCEMENT.—The last sentence of sec14 tion 4181 shall not apply to any sale (not otherwise ex15 empted) to, or for the use of, the United States (or any

16 department, agency, or instrumentality thereof) or a State

17 or political subdivision thereof (or any department, agen18 cy, or instrumentality thereof).’’.

19 (c) EFFECTIVE DATE.—The amendments made by

20 this section shall apply to sales after October 1, 1994.

21 SEC. 933. TRANSFER OF ADDITIONAL REVENUES TO TRAU22 MA CENTER TRUST FUND.

23 (a) IN GENERAL.—Subchapter A of chapter 98 of the

24 Internal Revenue Code of 1986 (relating to Trust Fund

25 Code) is amended by adding at the end thereof the follow26 ing new section:
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1 ‘‘SEC. 9512. TRAUMA CENTER TRUST FUND.

2 ‘‘(a) CREATION OF TRUST FUND.—There is estab3 lished in the Treasury of the United States a trust fund

4 to be known as the ‘Trauma Center Trust Fund’ (herein5 after in this section referred to as the ‘Trust Fund’), con6 sisting of such amounts as may be appropriated or cred7 ited to the Trust Fund as provided in this section or sec8 tion 9602(b).

9 ‘‘(b) TRANSFERS TO TRUST FUND.—

10 ‘‘(1) IN GENERAL.—There are hereby appro11 priated to the Trust Fund amounts equivalent to the

12 amounts received in the Treasury from the taxes im13 posed by section 4181 on bullets referred to in the

14 last sentence thereof.

15 ‘‘(2) COORDINATION WITH WILDLIFE RESTORA16 TION FUND.—The taxes referred to in paragraph (1)

17 shall not be covered into the Federal aid to wildlife

18 restoration fund in the Treasury.

19 ‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts

20 in the Trust Fund shall be available, as provided in appro21 priation Acts, for purposes of making grants for the oper22 ating expenses of trauma centers that have incurred sub23 stantial uncompensated costs in providing trauma care in

24 geographic areas with significant incidence of violence due

25 to crime.’’
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 for such subchapter A is amended by adding at the end

3 thereof the following new item:

‘‘Sec. 9512. Trauma Center Trust Fund.’’

4 Subtitle E—Multiple Handgun

5 Transfers

6 SEC. 941. SHORT TITLE.

7 This subtitle may be cited as the ‘‘Multiple Handgun

8 Transfer Prohibition Act of 1993’’.

9 SEC. 942. MULTIPLE HANDGUN TRANSFER PROHIBITION.

10 (a) IN GENERAL.—Section 922 of title 18, United

11 States Code, is amended by adding at the end the follow12 ing:

13 ‘‘(s)(1)(A)(i) It shall be unlawful for any licensed im14 porter, licensed manufacturer, or licensed dealer—

15 ‘‘(I) during any 30-day period, to transfer 2 or

16 more handguns to an individual who is not licensed

17 under section 923; or

18 ‘‘(II) to transfer a handgun to an individual

19 who is not licensed under section 923 and who re20 ceived a handgun during the 30-day period ending

21 on the date of the transfer.

22 ‘‘(ii) It shall be unlawful for any individual who is

23 not licensed under section 923 to receive 2 or more hand24 guns during any 30-day period.
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1 ‘‘(iii) It shall be unlawful for any licensed importer,

2 licensed manufacturer, or licensed dealer to transfer a

3 handgun to an individual who is not licensed under section

4 923, unless, after the most recent proposal of the transfer

5 by the individual, the transferor has—

6 ‘‘(I) received from the individual a statement of

7 the individual containing the information described

8 in paragraph (3);

9 ‘‘(II) verified the identification of the individual

10 by examining the identification document presented;

11 and

12 ‘‘(III) within 1 day after the individual fur13 nishes the statement, provided a copy of the state14 ment to the chief law enforcement officer of the

15 place of residence of the individual.

16 ‘‘(B) Subparagraph (A) shall not apply to the trans17 fer of a handgun to, or the receipt of a handgun by, an

18 individual who has presented to the transferor a written

19 statement, issued by the chief law enforcement officer of

20 the place of residence of the individual during the 10-day

21 period ending on the date of the transfer or receipt, which

22 states that the individual requires access to a handgun be23 cause of a threat to the life of the individual or of any

24 member of the household of the individual.
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1 ‘‘(2) Paragraph (1) shall not be interpreted to require

2 any action by a chief law enforcement officer which is not

3 otherwise required.

4 ‘‘(3) The statement referred to in paragraph

5 (1)(A)(iii)(I) shall contain only—

6 ‘‘(A) the name, address, and date of birth ap7 pearing on a valid identification document (as de8 fined in section 1028(d)(1)) of the individual con9 taining a photograph of the individual and a descrip10 tion of the identification used;

11 ‘‘(B) a statement that the individual—

12 ‘‘(i) is not under indictment for, and has

13 not been convicted in any court of, a crime pun14 ishable by imprisonment for a term exceeding

15 one year;

16 ‘‘(ii) is not a fugitive from justice;

17 ‘‘(iii) is not an unlawful user of or addicted

18 to any controlled substance (as defined in sec19 tion 102 of the Controlled Substances Act);

20 ‘‘(iv) has not been adjudicated as a mental

21 defective or been committed to a mental institu22 tion;

23 ‘‘(v) is not an alien who is illegally or un24 lawfully in the United States;
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1 ‘‘(vi) has not been discharged from the

2 Armed Forces under dishonorable conditions;

3 ‘‘(vii) is not a person who, having been a

4 citizen of the United States, has renounced

5 such citizenship; and

6 ‘‘(viii) has not received a handgun during

7 the 30-day period ending on the date of the

8 statement;

9 ‘‘(C) the date the statement is made; and

10 ‘‘(D) notice that the individual intends to ob11 tain a handgun from the transferor.

12 ‘‘(4) Any transferor of a handgun who, after the

13 transfer, receives a report from a chief law enforcement

14 officer containing information that receipt or possession

15 of the handgun by the transferee violates Federal, State,

16 or local law shall immediately communicate all information

17 the transferor has about the transfer and the transferee

18 to—

19 ‘‘(A) the chief law enforcement officer of the

20 place of business of the transferor; and

21 ‘‘(B) the chief law enforcement officer of the

22 place of residence of the transferee.

23 ‘‘(5) Any transferor who receives information, not

24 otherwise available to the public, with respect to an indi25 vidual in a report under this subsection shall not disclose
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1 such information except to the individual, to law enforce2 ment authorities, or pursuant to the direction of a court

3 of law.

4 ‘‘(6) In the case of a handgun transfer to which para5 graph (1)(A) applies—

6 ‘‘(A) the transferor shall retain—

7 ‘‘(i) the copy of the statement of the trans8 feree with respect to the transfer; and

9 ‘‘(ii) evidence that the transferor has com10 plied with paragraph (1)(A)(iii)(III) with re11 spect to the statement; and

12 ‘‘(B) the chief law enforcement officer to whom

13 a copy of a statement is sent pursuant to paragraph

14 (1)(A)(iii)(III) shall retain the copy for at least 30

15 calendar days after the date the statement was

16 made.

17 ‘‘(7) For purposes of this subsection, the term ‘chief

18 law enforcement officer’ means the chief of police, the

19 sheriff, or an equivalent officer, or the designee of any

20 such individual.

21 ‘‘(8) This subsection shall not apply to the sale of

22 a firearm in the circumstances described in subsection (c).

23 ‘‘(9) The Secretary shall take necessary actions to as24 sure that the provisions of this subsection are published

25 and disseminated to dealers and to the public.’’.
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1 (b) HANDGUN DEFINED.—Section 921(a) of such

2 title is amended by adding at the end the following:

3 ‘‘(29) The term ‘handgun’ means—

4 ‘‘(A) a firearm which has a short stock and is

5 designed to be held and fired by the use of a single

6 hand; and

7 ‘‘(B) any combination of parts from which a

8 firearm described in subparagraph (A) can be as9 sembled.’’.

10 (c) PENALTY.—Section 924(a) of such title is amend11 ed—

12 (1) in paragraph (1), by striking ‘‘paragraph

13 (2) or (3) of’’; and

14 (2) by adding at the end the following:

15 ‘‘(5) Whoever knowingly violates section 922(s) shall

16 be fined not more than $1,000, imprisoned for not more

17 than one year, or both.’’.

18 (d) EFFECTIVE DATE.—The amendments made by

19 this subtitle shall apply to conduct engaged in 90 or more

20 days after the date of the enactment of this Act.

21 Subtitle F—Licensing

22 SEC. 951. IDENTIFICATION OF RECIPIENT OF FIREARM.

23 Section 922(e) of title 18, United States Code, is

24 amended—

25 (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and
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1 (2) in paragraph (1), as designated by para2 graph (1), by striking ‘‘, to persons other than li3 censed importers, licensed manufacturers, licensed

4 dealers, or licensed collectors,’’; and

5 (3) by adding at the end the following new

6 paragraph:

7 ‘‘(2) It shall be unlawful for a common or contract

8 carrier knowingly to deliver in interstate or foreign com9 merce a firearm to a licensed importer, licensed manufac10 turer, licensed dealer, or licensed collector unless the car11 rier or other person identifies the person to whom the fire12 arm is delivered and makes and maintains a record of the

13 identity of the person in such a manner as the Secretary

14 may prescribe by regulation.’’.

15 SEC. 952. SALE OF FIRARMS OR AMMUNITION HAVING REA16 SONABLE CAUSE TO BELIEVE THAT IT WILL

17 BE USED TO KILL A PERSON.

18 Section 922 of title 18, United States Code, is

19 amended by adding at the end the following new sub20 section:

21 ‘‘(s) It shall be unlawful for a person to sell or other22 wise dispose of a firearm or ammunition to another person

23 if the person who sells or otherwise disposes of it has rea24 sonable cause to believe that the person is acquiring the

25 firearm or ammunition with the intent that it will be used
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1 by that person or any other person to commit a crime of

2 violence (as defined in section 924(c)(3).’’.

3 SEC. 953. LICENSE APPLICATION FEES FOR DEALERS IN

4 FIREARMS.

5 Section 923(a)(3) of title 18, United States Code, is

6 amended—

7 (1) in subparagraph (B) by striking ‘‘$25’’ and

8 inserting ‘‘$750’’; and

9 (2) in subparagraph (C) by striking ‘‘$10’’ and

10 inserting ‘‘$750’’.

11 SEC. 954. ACTION ON APPLICATION FOR LICENSE.

12 Section 923(d) of title 18, United States Code, is

13 amended—

14 (1) by striking ‘‘(1)’’ after ‘‘(d)’’;

15 (2) by redesignating subparagraphs (A), (B),

16 (C), (D), and (E) as paragraphs (1), (2), (3), (4),

17 and (5), respectively; and

18 (3) by striking paragraph (2).

19 SEC. 955. COMPLIANCE WITH STATE AND LOCAL LAW AS

20 CONDITION TO LICENSE.

21 Section 923(d) of title 18, United States Code, as

22 amended by section 4, is amended—

23 (1) by striking ‘‘and’’ at the end of paragraph

24 (4);
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1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘; and’’; and

3 (3) by adding at the end the following new

4 paragraph:

5 ‘‘(6)(A) the business to be conducted under the li6 cense is not prohibited by State or local law in the place

7 where the licensed premises is located; and

8 ‘‘(B) the applicant has complied with all requirements

9 of State and local law applicable to the conduct of such

10 a business.’’.

11 SEC. 956. INSPECTIONS OF FIREARMS LICENSEES.

12 Section 923(g)(1) of title 18, United States Code, is

13 amended—

14 (1) in subparagraph (B)(ii) by striking ‘‘not

15 more than once during any twelve-month period’’;

16 (2) in subparagraph (C)(i) by striking ‘‘not

17 more than once during any twelve-month period’’;

18 and

19 (3) in subparagraph (D) by striking ‘‘the an20 nual inspection of records and inventory permitted

21 under this paragraph’’ and inserting ‘‘an inspection

22 under subparagraph (C)(i)’’.
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1 SEC. 957. REPORTS OF THEFT OR LOSS OF FIREARMS.

2 Section 923(g) of title 18, United States Code, is

3 amended by adding at the end the following new para4 graph:

5 ‘‘(6) Each licensee shall report the theft or loss of

6 a firearm from the licensee’s inventory or collection, within

7 24 hours after the theft or loss is discovered, to the Sec8 retary and to appropriate local authorities.’’.

9 SEC. 958. RESPONSES TO REQUESTS FOR INFORMATION.

10 Section 923(g) of title 18, United States Code, as

11 amended by section 7, is amended by adding at the end

12 the following new paragraph:

13 ‘‘(7) Each licensee shall respond immediately to, and

14 in no event later than 24 hours after receipt of, a request

15 by the Secretary for information contained in the records

16 required to be kept by this chapter as may be required

17 for determining the disposition of one or more firearms.

18 The requested information shall be provided orally or in

19 writing, as the Secretary may require.’’.

20 SEC. 959. REGISTRATION TO REQUIRE A PHOTOGRAPH AND

21 FINGERPRINTS.

22 Section 5802 of the Internal Revenue Code of 1986

23 is amended by inserting after the first sentence the follow24 ing: ‘‘An individual required to register under this section

25 shall include a photograph and fingerprints of the individ26 ual with the initial application.’’.
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1 Subtitle G—Saturday Night

2 Specials

3 SEC. 961. PROHIBITION AGAINST POSSESSION OR TRANS4 FER OF NON-SPORTING HANDGUNS.

5 (a) IN GENERAL.—Section 922 of title 18, United

6 States Code, is amended by adding at the end the

7 following:

8 ‘‘(s)(1) It shall be unlawful for any person to possess

9 or transfer a non-sporting handgun.

10 ‘‘(2) Paragraph (1) shall not apply to the continuous

11 and otherwise lawful possession of a non-sporting handgun

12 by a person during any period that began before the effec13 tive date of this subsection.’’.

14 (b) NON-SPORTING HANDGUN DEFINED.—Section

15 921(a) of such title is amended by adding at the end the

16 following:

17 ‘‘(29)(A) The term ‘non-sporting handgun’ means a

18 firearm which—

19 ‘‘(i)(I) is designed to be fired by the use of a

20 single hand; and

21 ‘‘(II) is not a sporting handgun; and

22 ‘‘(ii) any combination of parts from which a

23 firearm described in clause (i) can be assembled.

24 ‘‘(B) The term ‘sporting handgun’ means a firearm

25 which—
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1 ‘‘(i) is designed to be fired by the use of a sin2 gle hand; and

3 ‘‘(ii) the Secretary has determined, using the

4 criteria applied in making determinations under sec5 tion 925(d)(3), to be of a type generally recognized

6 as particularly suitable for or readily adaptable to

7 sporting purposes.’’.

8 (c) PENALTY.—Section 924(a)(1)(B) of such title is

9 amended by striking ‘‘or (q)’’ and inserting ‘‘(r), or (s)’’.

10 TITLE X—ASSET FORFEITURE

11 SEC. 1001. SHORT TITLE.

12 This subtitle may be cited as the ‘‘Asset Forfeiture

13 Reform Act of 1993’’.

14 SEC. 1002. REQUIRE CONVICTION FIRST.

15 (a) TARIFF ACT OF 1930.—Section 604 of the Tariff

16 Act of 1930 (19 U.S.C. 1604) is amended by adding at

17 the end the following new sentence: ‘‘Proceedings for the

18 forfeiture of property, other than of merchandise upon

19 which the duties have not been paid or which has been

20 otherwise brought into the United States unlawfully, shall

21 be conducted only upon conviction of the owner of such

22 property for the crime upon which the forfeiture is

23 based.’’.
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1 (b) TITLE 18, UNITED STATES CODE.—Subsection

2 (c) of section 1082 of title 18, United States Code, is

3 amended to read as follows:

4 ‘‘(c) Whoever, being (1) the owner of an American

5 vessel, or (2) the owner of any vessel under or within the

6 jurisdiction of the United States, or (3) the owner of any

7 vessel and being an American citizen, uses, or knowingly

8 permits the use of, such vessel in violation of this section

9 shall upon conviction, in addition to any other penalties

10 provided by this chapter, forfeit such vessel, together with

11 her tackle, apparel, and furniture, to the United States.’’.

12 SEC. 1003. NOTICE REQUIREMENT.

13 Section 607(a) of the Tariff Act of 1930 (19 U.S.C.

14 1607(a)) is amended by adding at the end the following

15 new sentence: ‘‘Such notice shall be sent not later than

16 60 days after the seizure to any possessor, owner, or other

17 interested party (including any lienholder).’’.

18 SEC. 1004. RAISE STANDARD OF PROOF.

19 Section 615 of the Tariff Act of 1930 (19 U.S.C.

20 1615) is amended to read as follows:

21 ‘‘SEC. 615. BURDEN OF PROOF IN FORFEITURE PROCEED22 INGS.

23 ‘‘In—

24 ‘‘(1) all suits or actions (other than those aris25 ing under section 592) brought for forfeiture of any
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1 vessel, vehicle, aircraft, merchandise, or baggage

2 seized under the provisions of any law relating to the

3 collection of duties on imports or tonnage; and

4 ‘‘(2) in all suits or actions brought for the re5 covery of the value of any vessel, vehicle, aircraft,

6 merchandise, or baggage, because of violation of any

7 such law;

8 the burden of proof is on the United States Government

9 to establish, by clear and convincing evidence, that the

10 property was subject to forfeiture.’’.

11 SEC. 1005. REQUIRE A PRELIMINARY HEARING PRIOR TO

12 SEIZURE.

13 (a) CONTROLLED SUBSTANCES ACT.—Section

14 511(b) of the Controlled Substances Act (21 U.S.C.

15 881(b)) is amended to read as follows:

16 ‘‘(b)(1) Any property subject to civil forfeiture to the

17 United States under this section may be seized by the At18 torney General upon order of the District Court of the

19 United States in which the property is located or the

20 owner of such property is found.

21 ‘‘(2) The court may issue an order under subsection

22 (a)(1) if it determines, after notice to persons appearing

23 to have an interest in the property and opportunity for

24 hearing, that—
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1 ‘‘(A) there is a substantial probability that the

2 United States will prevail on the issue of forfeiture

3 and that failure to enter the order will result in the

4 property being destroyed, removed from the jurisdic5 tion of the court, or otherwise made unavailable for

6 forfeiture; and

7 ‘‘(B) the need to preserve the availability of the

8 property through the entry of the requested order

9 outweighs the hardship to any party of interest.

10 ‘‘(3) A seizure without such order may be made

11 when—

12 ‘‘(A) the seizure is incident to an arrest or a

13 search under a search warrant or an inspection

14 under an administrative inspection warrant;

15 ‘‘(B) the property subject to seizure has been

16 the subject of a prior judgment in favor of the Unit17 ed States in a criminal injunction or forfeiture pro18 ceeding under this subchapter;

19 ‘‘(C) there is probable cause to believe that the

20 property is directly or indirectly dangerous to health

21 or safety; or

22 ‘‘(D) there is probable cause to believe that the

23 delay occasioned by the need to secure an order will

24 frustrate the seizure. Any officer having made a sei25 zure under the authority of this subparagraph shall,
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1 as practicable thereafter, apply for an order under

2 subsection (b)(1); the property must be released to

3 the owner of such property immediately if the order

4 is denied.’’.

5 (b) TITLE 18, UNITED STATES CODE.—Section 981

6 of title 18, United States Code, is amended to read as

7 follows:

8 ‘‘(b)(1) Any property subject to civil forfeiture to the

9 United States under subsection (a)(2) may be seized by

10 the Attorney General upon order of the District Court of

11 the United States in which the property is located or the

12 owner of such property is found.

13 ‘‘(2) The court may issue an order under subsection

14 (b)(1) if it determines, after notice to persons appearing

15 to have an interest in the property and opportunity for

16 hearing, that—

17 ‘‘(A) there is a substantial probability that the

18 United States will prevail on the issue of forfeiture

19 and that failure to enter the order will result in the

20 property being destroyed, removed from the jurisdic21 tion of the court, or otherwise made unavailable for

22 forfeiture; and

23 ‘‘(B) the need to preserve the availability of the

24 property through the entry of the requested order

25 outweighs the hardship to any party of interest.
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1 ‘‘(3) A seizure without such order may be made

2 when—

3 ‘‘(A) the seizure is incident to an arrest or a

4 search under a search warrant or an inspection

5 under an administrative inspection warrant;

6 ‘‘(B) the property subject to seizure has been

7 the subject of a prior judgment in favor of the Unit8 ed States in a criminal injunction or forfeiture pro9 ceeding under this subchapter;

10 ‘‘(C) there is probable cause to believe that the

11 property is directly or indirectly dangerous to health

12 or safety; or

13 ‘‘(D) there is probable cause to believe that the

14 delay occasioned by the need to secure an order will

15 frustrate the seizure. Any officer having made a sei16 zure under the authority of this subparagraph shall,

17 as practicable thereafter, apply for an order under

18 subsection (b)(1); the property must be released to

19 the owner of such property immediately if the order

20 is denied.’’.

21 (c) TARIFF ACT OF 1930.—(1) Section 603(a) of the

22 Tariff Act of 1930 (19 U.S.C. 1603(a)) is amended to

23 read as follows:

24 ‘‘(a) PROCESS FOR SEIZURE.—
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1 ‘‘(1) IN GENERAL.—Any property which is sub2 ject to forfeiture to the United States for violations

3 of the customs law and which is not subject to

4 search and seizure in accordance with provisions of

5 section 595, may be seized by the appropriate officer

6 or person upon process issued under paragraph (2).

7 ‘‘(2) PROCEDURES.—

8 ‘‘(A) SEIZURE UNDER ORDER.—Any prop9 erty subject to forfeiture under the customs

10 laws of the United States may be seized by the

11 Attorney General upon order of the District

12 Court of the United States in which the prop13 erty is located or the owner of such property is

14 found.

15 ‘‘(B) DETERMINATIONS.—The court may

16 issue an order under paragraph (1) if it deter17 mines, after notice to persons appearing to have

18 an interest in the property and opportunity for

19 hearing, that—

20 ‘‘(i) there is a substantial probability

21 that the United States will prevail on the

22 issue of forfeiture and that failure to enter

23 the order will result in the property being

24 destroyed, removed from the jurisdiction of
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1 the court, or otherwise made unavailable

2 for forfeiture; and

3 ‘‘(ii) the need to preserve the avail4 ability of the property through the entry of

5 the requested order outweighs the hardship

6 to any party of interest.

7 ‘‘(C) SEIZURE WITHOUT ORDER.—A sei8 zure without such order may be made when—

9 ‘‘(i) the seizure is incident to an ar10 rest or a search under a search warrant or

11 an inspection under an administrative in12 spection warrant;

13 ‘‘(ii) the property subject to seizure

14 has been the subject of a prior judgment

15 in favor of the United States in a criminal

16 injunction or forfeiture proceeding under

17 this subchapter;

18 ‘‘(iii) there is probable cause to believe

19 that the property is directly or indirectly

20 dangerous to health or safety; or

21 ‘‘(iv) there is probable cause to believe

22 that the delay occasioned by the need to

23 secure an order will frustrate the seizure.

24 Any officer having made a seizure under the

25 authority of this subparagraph shall, as prac-
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1 ticable thereafter, apply for an order under

2 paragraph (1). Any property so seized must be

3 released to the owner of such property imme4 diately if the order is denied.’’.

5 (2) Section 595(a)(1) of the Tariff Act of 1930 (19

6 U.S.C. 1595(a)(1)) is amended by adding at the end the

7 following: ‘‘Any seizure of property described in paragraph

8 (1)(B) of this section must be authorized under section

9 603(a).

10 SEC. 1006. ELIMINATE THE BOND REQUIREMENT.

11 Section 608 of the Tariff Act of 1930 (19 U.S.C.

12 1608) is amended to read as follows:

13 ‘‘SEC. 608. SEIZURE; CLAIMS.

14 ‘‘(a) Any person claiming such vessel, vehicle, air15 craft, merchandise, or baggage may at any time within

16 60 days from the date of the first publication of the notice

17 of seizure, file with the appropriate customs officer a claim

18 stating his interest therein. Upon the filing of such claim,

19 the customs officer shall transmit such claim, with a dupli20 cate list and description of the articles seized, to the Unit21 ed States attorney for the district in which seizure was

22 made, who shall proceed to a condemnation of the mer23 chandise or other property in the manner prescribed by

24 law.
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1 ‘‘(b) If the person filing a claim under subsection (a),

2 or a claim regarding seized property under any other pro3 vision of law that incorporates by reference the seizure,

4 forfeiture, and condemnation procedures of the customs

5 laws, is financially unable to obtain representation of

6 counsel, the court may appoint appropriate counsel to rep7 resent that person with respect to the claim. The court

8 shall set the compensation for that representation, which

9 shall—

10 ‘‘(1) be equivalent to that provided for court-ap11 pointed representation under section 3006A of title

12 18, United State Code, and

13 ‘‘(2) be paid from the Justice Assets Forfeiture

14 Fund established under section 524 of title 28, Unit15 ed States Code.’’.

16 SEC. 1007. ALLOW ADMINISTRATIVE SEIZURES ONLY IN

17 UNCONTESTED CASES.

18 Section 610 of the Tariff Act of 1930 (19 U.S.C.

19 1610(a)) is amended to read as follows:

20 ‘‘SEC. 610. SEIZURE; JUDICIAL FORFEITURE PROCEEDINGS;

21 TIMELINESS; RIGHT TO JURY TRIALS.

22 ‘‘(a) If any vessel, vehicle, aircraft, merchandise, or

23 baggage is not subject to section 607, or in any case upon

24 the filing of a claim pursuant to section 608 of this Act,

25 the appropriate customs officer shall transmit a report of
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1 the case, with the names of available witnesses, to the

2 United States Attorney for the district in which the sei3 zure was made, or in which the property is located or the

4 owner of such property is found, for the institution of the

5 proper proceedings for the condemnation of such property.

6 ‘‘(b) No action to forfeit property shall be brought

7 more than 1 year from the date of the offense that is the

8 basis for the forfeiture, or when a stay has been granted

9 during the pendency of criminal proceedings, from the

10 date of the completion of such proceedings.

11 ‘‘(c) In the proceedings in such cases, either party

12 may demand trial by jury of any issue of fact joined in

13 the case.’’.

14 SEC. 1008. ALLOW FOR ADEQUATE REPRESENTATION.

15 (a) TITLE 18, UNITED STATES CODE.—(1) Section

16 981(a)(2) of title 18, United States Code, is amended to

17 read as follows:

18 ‘‘(2) No property shall be forfeited under this section

19 to the extent of the interest of an owner or lienholder by

20 reason of any act or omission established by that owner

21 or lienholder to have been committed without the knowl22 edge of that owner or lienholder; nor shall any property

23 which has been paid or pledged as bona fide attorneys’

24 fees be forfeited under this section.’’.
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1 (2) Section 1963(c) of title 18, United States Code,

2 is amended by—

3 (A) striking the period at the end and inserting

4 a comma; and

5 (B) add at the end the following: ‘‘or that he

6 received or has been pledged the property as bona

7 fide attorneys’ fees.’’

8 Section 1963(l)(6)(B) of title 18, United States Code, is

9 amended by adding at the end the following: ‘‘or the peti10 tioner received or has been pledged the property as bona

11 fide attorneys’ fees;’’.

12 (b) CONTROLLED SUBSTANCES ACT.—

13 (1) Section 413(c) of the Controlled Substances

14 Act (21 U.S.C. 853(c)) is amended by—

15 (A) striking the period at the end and in16 serting a comma; and

17 (B) adding at the end the following: ‘‘or

18 that he received or has been pledged the prop19 erty as bona fide attorneys’ fees.’’

20 (2) Section 413(n)(6)(B) of the Controlled Sub21 stances Act (21 U.S.C. 853(n)(6)(B)) is amended by

22 adding at the end the following: ‘‘or the petitioner

23 received or has been pledged the property as bona

24 fide attorneys’ fees;’’.
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1 (3) Section 511(a) of the Controlled Substances

2 Act (21 U.S.C. 881(a)) is amended by adding at the

3 end the following: ‘‘No property received or pledged

4 as bona fide attorneys’ fees shall be forfeited under

5 this section.’’.

6 SEC. 1009. MAKE CIVIL FORFEITURE PROCEEDINGS IN PER7 SONAM.

8 Section 1082(c) of title 18, United States Code, is

9 amended to read as follows:

10 ‘‘(c) Whoever, being (1) the owner of an American

11 vessel, or (2) the owner of any vessel under or within the

12 jurisdiction of the United States, or (3) the owner of any

13 vessel and being an American citizen, shall use, or know14 ingly permit the use of, such vessel in violation of any pro15 vision of this section shall upon conviction, in addition to

16 any other penalties provided by this chapter, forfeit such

17 vessel, together with her tackle, apparel, and furniture, to

18 the United States. The Attorney General may institute

19 proceedings against the owner to recover such vessel and

20 her tackle, apparel, and furniture in the United States

21 District Court for the district in which the owner is or

22 in which the vessel is located.’’.
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1 SEC. 1010. LENGTHEN THE FILING DEADLINES FOR CLAIM2 ANTS.

3 Paragraph (6) of Rule C of the Supplemental Rules

4 for Certain Admiralty and Maritime Claims to the Federal

5 Rules of Civil Procedures (28 U.S.C. Appendix) is amend6 ed by striking out ‘‘10 days’’ and inserting ‘‘60 days’’.

7 SEC. 1011. MAKE FORFEITURES PROPORTIONAL.

8 (a) CIVIL FORFEITURES UNDER THE CONTROLLED

9 SUBSTANCES ACT.—Section 511(a) of the Controlled Sub10 stances Act (21 U.S.C. 881(a)) is amended by striking

11 ‘‘The’’ and inserting: ‘‘Except that the value of the prop12 erty forfeited under this section may not exceed the pecu13 niary gain derived from the offense or the pecuniary loss

14 caused by the offense, the’’.

15 (b) CRIMINAL FORFEITURES UNDER THE CON16 TROLLED SUBSTANCES ACT.—Section 413(a) of the Con17 trolled Substance Act (21 U.S.C. 853(a)) is amended by

18 striking the last sentence and inserting the following:

19 ‘‘The value of the property forfeited under this section

20 may not exceed the pecuniary gain derived from the of21 fense or the pecuniary loss caused by the offense.’’

22 SEC. 1012. ELIMINATE THE RELATION-BACK DOCTRINE OR

23 CREATE A STRICTER DEFINITION.

24 (a) GENERAL TITLE 18, CIVIL FORFEITURE.—Sec25 tion 981(f) of title 18, United States Code, is amended

26 to read as follows:
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1 ‘‘(f) All right, title, and interest in property described

2 in subsection (a) of this section shall vest in the United

3 States upon administrative or judicial declaration of for4 feiture.’’

5 (b) RICO FORFEITURES.—Section 1963(c) of title

6 18, United States Code, is amended to read as follows:

7 ‘‘(c) All right, title, and interest in property described

8 in subsection (a) of this section shall vest in the United

9 States upon return of a special verdict of forfeiture.’’.

10 (c) CONTROLLED SUBSTANCES ACT.—(1) Section

11 413(c) of the Controlled Substances Act (21 U.S.C.

12 853(c)) is amended to read as follows:

13 ‘‘(c) VESTING OF TITLE IN THE UNITED STATES.—

14 All right, title, and interest in property described in sub15 section (c) of this section vests in the United States upon

16 return of a special verdict of forfeiture.’’

17 (2) Section 511(h) of the Controlled Substances Act

18 (21 U.S.C. 881(h)) is amended to read as follows:

19 ‘‘(h) VESTING OF TITLE IN THE UNITED STATES.—

20 All right, title, and interest in property described in sub21 section (a) of this section shall vest in the United States

22 upon administrative or judicial declaration of forfeiture.’’.
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1 SEC. 1013. LIMIT KINDS OF PROPERTY THAT ARE SUBJECT

2 TO FORFEITURE.

3 (a) CRIMINAL FORFEITURE UNDER CONTROLLED

4 SUBSTANCES ACT.—Section 413(a)(2) of the Controlled

5 Substances Act (21 U.S.C. 853(a)(2)) is amended to read

6 as follows:

7 ‘‘(2) any of the person’s property primarily

8 used to commit such violation;’’.

9 (b) CIVIL FORFEITURE UNDER CONTROLLED SUB10 STANCES ACT.—Section 511(a) of the Controlled Sub11 stance Act (21 U.S.C. 881(a)) is amended to read as fol12 lows:

13 ‘‘(a) PROPERTY SUBJECT.—The following shall be

14 subject to forfeiture to the United States upon conviction

15 of the owner of such property of a violation of this title

16 and no property right shall exist in them:

17 ‘‘(1) All controlled substances which have been

18 manufactured, distributed, dispensed, or acquired in

19 violation of this title.

20 ‘‘(2) All raw materials, products, and equip21 ment of any kind which are used, or intended for

22 use, in manufacturing, compounding, processing, de23 livering, importing, or exporting any controlled sub24 stance in violation of this title.
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1 ‘‘(3) All property which is used, or intended for

2 use, as a container for property described in para3 graph (1).

4 ‘‘(4) All conveyances, including aircraft, vehi5 cles, or vessels, which are used primarily to trans6 port or concealment of property described in para7 graph (1), except that—

8 ‘‘(A) no conveyance used by any person as

9 a common carrier in the transaction of business

10 as a common carrier shall be forfeited under

11 the provisions of this section unless it shall ap12 pear that the owner or other person in charge

13 of such conveyance was a consenting party or

14 privy to a violation of this title or title II.

15 ‘‘(B) no conveyance shall be forfeited

16 under the provisions of this section by reason of

17 any act or omission established by the owner

18 thereof to have been committed or omitted by

19 any person other than such owner while such

20 conveyance was unlawfully in the possession of

21 a person other than the owner in violation of

22 the criminal laws of the United States, or of

23 any State; and

24 ‘‘(C) no conveyance shall be forfeited under

25 this paragraph to the extent of an interest of an
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1 owner, by reason of any act or omission estab2 lished by that owner to have been committed or

3 omitted without the knowledge, consent, or will4 ful blindness of the owner.

5 ‘‘(5) All books, records, and research, including

6 formulas, microfilm, tapes, and data which are used,

7 or intended for use, in violation of this title.

8 ‘‘(6) All moneys, negotiable instruments, securi9 ties, or other things of value furnished or intended

10 to be furnished by any person in exchange for a con11 trolled substance in violation of this title, and all

12 proceeds traceable to such exchange, except that no

13 property shall be forfeited under this paragraph, to

14 the extent of the interest of an owner, by reason of

15 any act or omission established by that owner to

16 have been committed or omitted without the knowl17 edge or consent of that owner.

18 ‘‘(7) All parts of real property used primarily to

19 commit a violation of this title punishable by more

20 than 1 year’s imprisonment, except that no property

21 shall be forfeited under this paragraph, to the extent

22 of an interest of an owner, by reason of any act or

23 omission established by that owner to have been

24 committed or omitted without the knowledge or con25 sent of that owner.
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1 ‘‘(8) All controlled substances which have been

2 possessed in violation of this title.

3 ‘‘(9) All listed chemicals, all drug manufactur4 ing equipment, all tableting machines, all encap5 sulating machines, and all gelatin capsules, which

6 have been imported, exported, manufactured, pos7 sessed, distributed, or intended to be distributed, im8 ported, or exported, in violation of a felony provision

9 of this title or title II.

10 ‘‘(10) Any drug paraphernalia (as defined in

11 section 1822 of the Anti-Drug Abuse Act of 1986

12 (21 U.S.C. 863)).

13 ‘‘(11) Any firearm (as defined in section 921 of

14 title 18) used or intended to be used to facilitate the

15 transportation, sale, receipt, possession, or conceal16 ment of property described in paragraph (1) or (2)

17 and any proceeds traceable to such property.’’.

18 SEC. 1014. FORFEITURE PROCEEDS SHOULD GO DIRECTLY

19 TO STATE.

20 (a) TARIFF ACT OF 1930.—Section 616a(c)(1)(B)(ii)

21 of the Tariff Act of 1930 (19 U.S.C. 1616a(c)(1)(B)(ii)

22 is amended to read as follows:

23 ‘‘(ii) any State or local law enforce24 ment agency that participated directly or

25 indirectly in the seizure or forfeiture of the
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1 property for disposition according to State

2 law.’’.

3 (b) TITLE 18, UNITED STATES CODE.—Section

4 981(e)(2) of title 18, United States Code, is amended to

5 read as follows:

6 ‘‘(2) to any State or local enforcement agency,

7 which participated directly in any of the acts which

8 lead to the seizure or forfeiture of the property, for

9 disposition according to State law.’’.

10 (c) CONTROLLED SUBSTANCES ACT.—Section

11 511(e)(1)(A) of the Controlled Substances Act (21 U.S.C.

12 881(e)(1)(A)) is amended to read as follows:

13 ‘‘(A) retain the property for official use or,

14 in the manner provided with respect to trans15 fers under section 616a of the Tariff Act of

16 1930 (19 U.S.C. 1616a), transfer the property

17 to any Federal agency, or to any State or local

18 law enforcement agency which participated di19 rectly in the seizure or forfeiture of the prop20 erty for disposition according to State law.’’.

21 SEC. 1015. EXPAND USES OF FORFEITURE PROCEEDS.

22 Section 524(c) of title 28, United States Code, is

23 amended by adding at the end the following new para24 graph:
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1 ‘‘(12)(A) In addition to the purposes under

2 paragraph (1), the fund shall be available to the At3 torney General for community-based crime control

4 programs (including private, nonprofit programs) for

5 drug education, prevention, and treatment, with

6 amounts for such programs to be distributed, in ac7 cordance with criteria determined by the State, with

8 priority given to the communities in which the assets

9 involved are seized.

10 ‘‘(B) Not less than 50 percent of the total of

11 the amounts disbursed for all purposes under this

12 section in a fiscal year shall be for programs re13 ferred to in subparagraph (A). Not more than 10

14 percent of the total disbursed for such programs

15 may be used for administrative costs.’’.

16 SEC. 1016. PAYMENT OF INFORMANTS.

17 (a) TARIFF ACT OF 1930.—(1) Section 619(c) of the

18 Tariff Act of 1930 (19 U.S.C. 1619(c)) is amended to

19 read as follows:

20 ‘‘(c) DOLLAR LIMITATION.—No person may be

21 awarded or paid more than $250,000 in any year under

22 this section.’’.

23 (2) Section 413(i)(3) of the Tariff Act of 1930 (21

24 U.S.C. 853(i)(3)), is amended by adding at the end the
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1 following: ‘‘ except that, no person may be awarded or paid

2 more than $250,000 in any year under this section.’’.

3 (b) TITLE 18, UNITED STATES CODE.—Section

4 1963(g)(3) of title 18, United States Code, is amended

5 by inserting after ‘‘section’’ the following: ‘‘, except that

6 no person may be awarded or paid more than $250,000

7 in any year under this section, or any other law of the

8 United States providing for moieties or awards of com9 pensation to informers in cases involving forfeiture.’’.

10 (c) TITLE 28, UNITED STATES CODE.—Section

11 524(c)(2) of title 28, United States Code, is amended to

12 read as follows: ‘‘Any award paid from the Fund for infor13 mation, as provided in paragraph (1)(B) or (C), shall be

14 paid at the discretion of the Attorney General or his dele15 gate, under existing departmental delegation policies for

16 the payment of awards, except that no person may be

17 awarded or paid more than $250,000 in any year under

18 this section. The Attorney General shall publish data an19 nually regarding amounts of awards paid by the United

20 States.’’.

21 (d) TITLE 31, UNITED STATES CODE.—Section

22 9703(b) of title 31, United States Code, is amended by

23 adding following new subsection:

24 ‘‘(6) No person may be awarded or paid more

25 than $250,000 in any year under subsection
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1 (a)(1)(C) or (a)(2)(A), or any law of the United

2 States providing for moieties or awards of com3 pensation to informers in criminal cases.’’.

4 SEC. 1017. CHANGE ADOPTIVE SEIZURE REGULATIONS.

5 (a) CONTROLLED SUBSTANCES ACT.—Section

6 511(e)(3) of the Controlled Substances Act (21 U.S.C

7 881(e)(3)) is amended—

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (A);

10 (2) by striking the period and inserting a semi11 colon at the end of subparagraph (B);

12 (3) by inserting at the end of subparagraph (B)

13 the following:

14 ‘‘(C) is not so transferred to circumvent

15 any requirement of State law that prohibits for16 feiture or limits use or disposal of property for17 feited to State or local agencies.’’.

18 (b) TITLE 31, UNITED STATES CODE.—Subsection

19 9703(b)(4) of title 31, United States Code, is amended—

20 (1) by striking ‘‘and’’ at the end of

21 subpargraph (A);

22 (2) by striking the period and inserting a semi23 colon at the end of subparagraph (B);

24 (3) by inserting at the end of subparagraph (B)

25 the following:
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1 ‘‘(C) is not so transferred to circumvent

2 any requirement of State law that prohibits for3 feiture or limits use or disposal or property for4 feited to State or local agencies.’’.

5 SEC. 1018. REPORTING REQUIREMENTS.

6 Section 616a(c) of the Tariff Act of 1930 (19 U.S.C.

7 1616a(c)) is amended by adding at the end of section

8 616a(c) the following:

9 ‘‘(4) The Secretary shall maintain individual records

10 concerning property transferred under paragraph

11 (1)(B)(ii) demonstrating, with particularity—

12 ‘‘(A) the circumstances of the investigation and

13 seizure of the forfeiture, including the race, national

14 origin, gender, and age of those with an interest in

15 the property prior to seizure; and

16 ‘‘(B) the disposition of the property after trans17 fer by each State.’’.

18 SEC. 1019. PROVIDE FOR MAINTENANCE OF SEIZED PROP19 ERTY.

20 (a) IN GENERAL.—Section 2465 of title 28, United

21 States Code, is amended to read as follows:

22 ‘‘§ 2465. Return of property to claimant

23 ‘‘Upon the entry of judgment for the claimant in any

24 proceeding to condemn or forfeit property seized under

25 this Act of Congress or one year after the seizure of such
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1 property if no such proceeding has been initiated, such

2 property shall be returned forthwith to the claimant or

3 his agent. At such time, interest shall be paid on any

4 seized coins, currency or negotiable obligations at a rate

5 equal to the greater of 6 percent or the prevailing market

6 rate. Compensation for any other injury to property,

7 caused by or occurring subsequent to its seizure, shall also

8 be paid.’’.

9 (b) CLERICAL AMENDMENT.—The item relating to

10 section 2465 in the table of sections at the beginning of

11 chapter 163 of title 28, United States Code, is amended

12 to read as follows:

‘‘2465. Return of property to claimant.’’.

13 SEC. 1020. LIMITATION ON ADMINISTRATIVE AND CON14 TRACTING EXPENSES.

15 Section 524(c) of title 28, United States Code, as

16 amended in section 1, is further amended by adding at

17 the end the following:

18 ‘‘(13) The total of amounts paid from the Fund

19 with respect to a fiscal year for administrative and

20 contracting expenses under paragraph (1)(A) may

21 not exceed 10 percent of the total of amounts paid

22 from the Fund for all purposes with respect to such

23 fiscal year.’’.
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1 SEC. 1021. REPORT TO CONGRESS ON ADMINISTRATIVE

2 AND CONTRACTING EXPENSES.

3 Section 524(c)(6) of title 28, United States Code, is

4 amended—

5 (1) by striking ‘‘and’’ at the end of subpara6 graph (B);

7 (2) by striking the period at the end of sub8 paragraph (C) and inserting ‘‘; and’’; and

9 (3) by adding at the end the following:

10 ‘‘(D) a report for such fiscal year contain11 ing a description of the administrative and con12 tracting expenses paid from the Fund under

13 paragraph (1)(A).’’.

14 SEC. 1022. NOMINAL CONSIDERATION SALES OF LOW

15 VALUE REAL PROPERTY TO CERTAIN TAX-EX16 EMPT ORGANIZATIONS.

17 Section 511(e) of the Controlled Substances Act (21

18 U.S.C. 881(e)) is amended—

19 (1) by striking ‘‘(4)’’ and inserting ‘‘(4) or

20 (5)’’; and

21 (2) by adding at the end the following:

22 ‘‘(5)(A) If any property referred to in para23 graph (1)(B) is low value real property located in a

24 metropolitan statistical area, the Attorney General

25 shall offer such property for sale, for nominal con26 sideration to tax-exempt organizations that provide
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1 direct services furthering community-based crime

2 control, housing, or education efforts in such area.

3 ‘‘(B) As used in this paragraph—

4 ‘‘(i) the term ‘low value real property’

5 means, with respect to a metropolitan statistical

6 area, real property that is appraised at less

7 than 40 percent of the median value of com8 parable real property in the metropolitan statis9 tical area;

10 ‘‘(ii) the term ‘tax-exempt organization’

11 means an organization described in section

12 501(c)(3) of the Internal Revenue Code of

13 1986, and exempt from tax under section

14 501(a) of such Code; and

15 ‘‘(iii) the term ‘nominal consideration’

16 means minimal recompense not to exceed 1.5

17 percent of the value of the property, and shall

18 not include, directly or indirectly, equitable

19 sharing or any other cost, expense or payment

20 associated with the seizure, forfeiture, care or

21 maintenance of the property, or with the ad22 ministration of any fund or program, other

23 than the costs of the sale to the extent that

24 such sales costs do not exceed 1.5 percent of

25 the value of the property.’’.
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1 SEC. 1023. LIMITATION ON CUSTOMS AND TAX EXEMPTION

2 UNDER THE TORT CLAIMS.

3 Section 2680(c) of title 28, United States Code, is

4 amended by inserting before the period the following: ‘‘ex5 cept that this chapter and section 1346(b) of this title

6 shall apply to any claim based—

7 ‘‘(1) on the negligent destruction, injury, or loss

8 of goods or merchandise (including real property)

9 while in the possession of any officer of customs or

10 excise or any other law enforcement officer, or

11 ‘‘(2) on the destruction, injury, or loss of goods

12 or merchandise (including real property) caused by

13 the misfeasance, malfeasance, or nonfeasance of any

14 customs or excise or any other law enforcement offi15 cer while in the possession of such officer.’’.

16 TITLE XI—MISCELLANEOUS

17 PROVISIONS

18 Subtitle A—Amendments to Omni19 bus Crime Control and Safe

20 Streets Act

21 SEC. 1101. DISCRETIONARY GRANT AUTHORIZATION.

22 Section 511 of title I of the Omnibus Crime Control

23 and Safe Streets Act of 1968 is amended by striking

24 ‘‘$50,000,000,’’ and inserting ‘$100,000,000,’’.
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1 Subtitle B—Juvenile Justice and

2 Delinquency Prevention

3 SEC. 1111. JUVENILE JUSTICE AND PREVENTION OF JUVE4 NILE DELINQUENCY.

5 (a) AMENDMENTS TO THE JUVENILE JUSTICE AND

6 DELINQUENCY PREVENTION ACT OF 1974.—Section

7 299(a)(1) of the Juvenile Justice and Delinquency Preven8 tion Act of 1974 (42 U.S.C. 5671(a)(1)) is amended by

9 striking ‘‘$15,000,000 for’’ and inserting ‘‘$230,000,000

10 for each of the’’.

11 (b) DUTIES OF ATTORNEY GENERAL.—(1) The At12 torney General of the United States shall—

13 (A) evaluate the effectiveness, and improve the

14 coordination, of the operation of all Federal pro15 grams relating to juvenile justice and to juvenile de16 linquency prevention, in order to maximize the effec17 tiveness of such programs, to reduce duplication of

18 effort, and to develop a unified strategy for address19 ing juvenile delinquency, and

20 (B) submit to the Speaker of the House of Rep21 resentatives and the President pro tempore of the

22 Senate, an annual report describing the results of

23 carrying out subparagraph (A) and containing a 5-

24 year plan for the coordinated operation of such pro25 grams.
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1 (2) For purposes of carrying out paragraph (1), the

2 Attorney General shall consult with the Secretary of Edu3 cation, the Secretary of Health and Human Services, the

4 Secretary of Housing and Urban Development, and the

5 heads of other Federal entities that carry out such pro6 grams.

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