II

104TH CONGRESS

1ST SESSION S. 816

To provide equal protection for victims of crime, to facilitate the exchange

of information between Federal and State law enforcement and investigation entities, to reform criminal procedure, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 17 (legislative day, MAY 15), 1995

Mr. DEWINE (for himself, Mr. STEVENS, Mr. ASHCROFT, Mr. HATCH, and

Mr. THURMOND) introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To provide equal protection for victims of crime, to facilitate

the exchange of information between Federal and State

law enforcement and investigation entities, to reform

criminal procedure, and for other purposes.

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 ‘‘Local Law Enforce5 ment Enhancement Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.
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Sec. 2. Table of contents.

TITLE I—PRISONS

Sec. 101. Truth-in-sentencing.

Sec. 102. Stopping abusive prisoner lawsuits.

Sec. 103. Appropriate remedies for prison conditions.

TITLE II—POLICE OFFICERS

Sec. 201. Cops on the beat.

TITLE III—LAW ENFORCEMENT

Sec. 301. Block grant program.

TITLE IV—TECHNOLOGY

Sec. 401. Funding for DNA identification.

Sec. 402. State compatibility with Federal Bureau of Investigation systems.

Sec. 403. Funding for Drugfire.

Sec. 404. Funding for the FBI DNA system covering Federal crimes and crime

committed in the District of Columbia.

TITLE V—TRIGGERLOCK

Sec. 501. Congressional oversight.

Sec. 502. Pretrial detention for possession of firearms or explosives by convicted felons.

Sec. 503. Conforming scienter change for transferring a firearm to commit a

crime of violence.

Sec. 504. Firearms possession by violent felons and serious drug offenders.

TITLE VI—EQUAL PROTECTION FOR VICTIMS

Sec. 601. Right of victims to restitution.

Sec. 602. Right of victim to an impartial jury.

Sec. 603. Rebuttal of attacks on the victim’s character.

Sec. 604. Rules of procedure and evidence; method of prescribing.

Sec. 605. HIV testing of defendants in sexual assault cases.

Sec. 606. Clarifying amendment to extraterritorial child pornography offense.

TITLE VII—MILITARY

Sec. 701. Prohibition on accrual of pay and allowances by members of the

Armed Forces who are confined pending dishonorable discharge.

Sec. 702. Criminal offenses committed outside the United States by persons accompanying the Armed Forces.

TITLE VIII—EXCLUSIONARY RULE

Sec. 801. Admissibility of certain evidence.

TITLE IX—HABEAS CORPUS REFORM

Sec. 901. Filing deadlines.

Sec. 902. Appeal.

Sec. 903. Amendment of Federal Rules of Appellate Procedure.
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Sec. 904. Section 2254 amendments.

Sec. 905. Section 2255 amendments.

Sec. 906. Limits on second or successive applications.

Sec. 907. Death penalty litigation procedures.

Sec. 908. Technical amendment.

Sec. 909. Severability.

1 TITLE I—PRISONS

2 SEC. 101. TRUTH-IN-SENTENCING.

3 (a) TRUTH-IN-SENTENCING GRANT PROGRAM.—

4 Title V of the Violent Crime Control and Law Enforce5 ment Act of 1994 is amended to read as follows:

6 ‘‘TITLE V—TRUTH-IN7 SENTENCING GRANTS

8 ‘‘SEC. 50001. AUTHORIZATION OF GRANTS.

9 ‘‘(a) IN GENERAL.—The Attorney General is author10 ized to provide grants to eligible States and to eligible

11 States organized as a regional compact—

12 ‘‘(1) to build or expand correctional facilities to

13 increase the prison bed capacity for the confinement

14 of persons convicted of a serious violent felony; and

15 ‘‘(2) to build, expand, and operate temporary or

16 permanent correctional facilities, including facilities

17 on military bases and boot camps, for the confine18 ment of convicted nonviolent offenders and criminal

19 aliens for the purpose of freeing suitable existing

20 prison space for the confinement of persons con21 victed of a serious violent felony.
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1 ‘‘(b) LIMITATION.—An eligible State or eligible

2 States organized as a regional compact may receive either

3 a general grant under section 50002 or a truth-in-sentenc4 ing incentive grant under section 50003.

5 ‘‘SEC. 50002. GENERAL GRANTS.

6 ‘‘(a) DISTRIBUTION.—50 percent of the total amount

7 of funds made available pursuant to section 50007 for

8 each of the fiscal years 1995 through 2000 shall be made

9 available for general eligibility grants for each State or

10 States organized as a regional compact that meets the re11 quirements of subsection (b).

12 ‘‘(b) ELIGIBILITY.—To be eligible to receive funds

13 under subsection (a), a State or States organized as a re14 gional compact shall submit an application to the Attorney

15 General that provides assurances that such State or States

16 have, since 1990—

17 ‘‘(1) increased the percentage of convicted vio18 lent offenders sentenced to prison;

19 ‘‘(2) increased the average prison time actually

20 to be served in prison by convicted violent offenders

21 sentenced to prison; and

22 ‘‘(3) increased the percentage of sentence to be

23 actually served in prison by violent offenders sen24 tenced to prison.
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1 ‘‘SEC. 50003. TRUTH-IN-SENTENCING GRANTS.

2 ‘‘(a) TRUTH-IN-SENTENCING INCENTIVE GRANTS.—

3 50 percent of the total amount of funds made available

4 pursuant to section 50007 for each of the fiscal years

5 1995 through 2000 shall be made available for truth-in6 sentencing incentive grants to each State or States orga7 nized as a regional compact that meet the requirements

8 of subsection (b).

9 ‘‘(b) ELIGIBILITY.—To be eligible to receive funds

10 under subsection (a), a State or States organized as a re11 gional compact shall submit an application to the Attorney

12 General that provides assurances that each State applying

13 has—

14 ‘‘(1)(A) enacted truth-in-sentencing laws that

15 require persons convicted of a serious violent felony

16 to serve not less than 85 percent of the sentence im17 posed, or 85 percent of the court-ordered maximum

18 sentence for States that practice indeterminate sen19 tencing; or

20 ‘‘(B) enacted truth-in-sentencing laws that have

21 been enacted, but not yet implemented, that require

22 such State, not later than 3 years after such State

23 submits an application to the Attorney General, to

24 provide that persons convicted of a serious violent

25 felony serve not less than 85 percent of the sentence

26 imposed, or 85 percent of the court-ordered maxi-
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1 mum sentence for States that practice indeterminate

2 sentencing; and

3 ‘‘(2) enacted laws requiring that the sentencing

4 or releasing authorities notify and allow the victims

5 of the defendant or the family of such victims the

6 opportunity to be heard regarding the issue of sen7 tencing and any postconviction release.

8 ‘‘SEC. 50004. SPECIAL RULES.

9 ‘‘(a) ADDITIONAL REQUIREMENTS.—To be eligible to

10 receive a grant under section 50002 or 50003, a State

11 or States organized as a regional compact shall provide

12 an assurance to the Attorney General that—

13 ‘‘(1) to the extent practicable, inmate labor will

14 be used to build and expand correctional facilities;

15 ‘‘(2) each State will involve counties and other

16 units of local government, when appropriate, in the

17 construction, development, expansion, modification,

18 operation, or improvement of correctional facilities

19 designed to ensure the incarceration of offenders;

20 ‘‘(3) each State will share funds received under

21 this title with any county or other unit of local gov22 ernment that is housing State prisoners, taking into

23 account the burden placed on such county or unit of

24 local government in confining prisoners due to over-
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1 crowding in State prison facilities in furtherance of

2 the purposes of this Act; and

3 ‘‘(4) the State has implemented or will imple4 ment, not later than 18 months after the date of the

5 enactment of the Local Law Enforcement Enhance6 ment Act of 1995, policies to determine the veteran

7 status of inmates and to ensure that incarcerated

8 veterans receive the veterans benefits to which they

9 are entitled.

10 ‘‘(b) INDETERMINATE SENTENCING EXCEPTION.—

11 Notwithstanding section 50002(b)(3), a State shall be eli12 gible for grants under this title if the State, not later than

13 the date of the enactment of this title—

14 ‘‘(1) practices indeterminate sentencing; and

15 ‘‘(2) the average time served in such State for

16 the offenses of murder, rape, robbery, and assault

17 exceed, by 10 percent or more, the national average

18 of time served for such offenses.

19 ‘‘(c) EXCEPTION.—Notwithstanding section

20 50002(b), a State may provide that the Governor of the

21 State may allow for earlier release of a geriatric prisoner

22 or a prisoner whose medical condition precludes the pris23 oner from posing a threat to the public after a public hear24 ing in which representatives of the public and the pris-
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1 oner’s victims have an opportunity to be heard regarding

2 a proposed release.

3 ‘‘SEC. 50005. FORMULA FOR GRANTS.

4 ‘‘To determine the amount of funds that each eligible

5 State or eligible States organized as a regional compact

6 may receive to carry out programs under section 50002

7 or 50003, the Attorney General shall apply the following

8 formula:

9 ‘‘(1) $500,000 or 0.40 percent, whichever is

10 greater, shall be allocated to each participating State

11 or compact, as the case may be.

12 ‘‘(2) Of the total amount of funds remaining

13 after the allocation under paragraph (1), there shall

14 be allocated to each State or compact, as the case

15 may be, an amount which bears the same ratio to

16 the amount of remaining funds described in this

17 paragraph as the population of such State or com18 pact, as the case may be, bears to the population of

19 all the States.

20 ‘‘SEC. 50006. ACCOUNTABILITY.

21 ‘‘(a) FISCAL REQUIREMENTS.—A State or States or22 ganized as a regional compact that receives funds under

23 this title shall use accounting, audit, and fiscal procedures

24 that conform to guidelines prescribed by the Attorney

25 General.
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1 ‘‘(b) REPORTING.—Beginning on January 1, 1996,

2 and each January 1 thereafter, each State that receives

3 funds under this title shall submit an annual report to

4 the Congress regarding compliance with the requirements

5 of this title.

6 ‘‘(c) ADMINISTRATIVE PROVISIONS.—The adminis7 trative provisions of sections 801 and 802 of the Omnibus

8 Crime Control and Safe Streets Act of 1968 shall apply

9 to the Attorney General in the same manner as such provi10 sions apply to the officials listed in such sections.

11 ‘‘SEC. 50007. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘(a) IN GENERAL.—There are authorized to be ap13 propriated from the Violent Crime Reduction Trust Fund

14 to carry out this title—

15 ‘‘(1) $900,000,000 for fiscal year 1996;

16 ‘‘(2) $1,150,000,000 for fiscal year 1997;

17 ‘‘(3) $2,200,000,000 for fiscal year 1998;

18 ‘‘(4) $2,300,000,000 for fiscal year 1999; and

19 ‘‘(5) $2,400,000,000 for fiscal year 2000.

20 ‘‘(b) LIMITATIONS ON FUNDS.—

21 ‘‘(1) USES OF FUNDS.—Funds made available

22 under this title shall be used only to carry out the

23 purposes stated in section 50001(a).

24 ‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds

25 made available pursuant to this section shall not be
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1 used to supplant State funds, but shall be used to

2 increase the amount of funds that would, in the ab3 sence of Federal funds, be made available from

4 State sources.

5 ‘‘(3) ADMINISTRATIVE COSTS.—Not more than

6 3 percent of the funds made available pursuant to

7 this section shall be used for administrative costs.

8 ‘‘(4) MATCHING FUNDS.—The Federal share of

9 a grant received under this title shall not exceed 75

10 percent of the costs of a proposal as described in an

11 application approved under this title.

12 ‘‘(5) CARRY OVER OF APPROPRIATIONS.—Any

13 funds appropriated but not expended as provided by

14 this section during any fiscal year shall remain avail15 able until expended.

16 ‘‘SEC. 50008. DEFINITIONS.

17 ‘‘As used in this title—

18 ‘‘(1) the term ‘indeterminate sentencing’ means

19 a system by which—

20 ‘‘(A) the court has discretion with respect

21 to the actual length of the sentence imposed, up

22 to the statutory maximum; and

23 ‘‘(B) an administrative agency, generally

24 the parole board, controls release between court

25 ordered minimum and maximum sentences;
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1 ‘‘(2) the term ‘serious violent felony’ means—

2 ‘‘(A) an offense that is a felony and has as

3 an element the use, attempted use, or threat4 ened use of physical force against the person or

5 property of another and has a maximum term

6 of imprisonment of 10 years or more;

7 ‘‘(B) any other offense that is a felony and

8 that, by its nature, involves a substantial risk

9 that physical force against the person or prop10 erty of another may be used in the course of

11 committing the offense and has a maximum

12 term of imprisonment of 10 years or more; or

13 ‘‘(C) murder, assault with intent to commit

14 murder, arson, armed burglary, rape, assault

15 with intent to commit rape, kidnapping, and

16 armed robbery; and

17 ‘‘(3) the term ‘State’ means a State of the

18 United States, the District of Columbia, or any com19 monwealth, territory, or possession of the United

20 States.’’.

21 (b) CONFORMING AMENDMENTS.—

22 (1) OMNIBUS CRIME CONTROL AND SAFE

23 STREETS ACT OF 1968.—
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1 (A) PART V.—Part V of title I of the Om2 nibus Crime Control and Safe Streets Act of

3 1968 is repealed.

4 (B) FUNDING.—(A) Section 1001(a) of the

5 Omnibus Crime Control and Safe Streets Act of

6 1968 is amended by striking paragraph (20).

7 (C) Notwithstanding subparagraph (A),

8 any funds that remain available to an applicant

9 under paragraph (20) of title I of the Omnibus

10 Crime Control and Safe Streets Act of 1968 on

11 the date of enactment of this Act shall be used

12 in accordance with part V of such Act as such

13 Act was in effect on the day preceding the date

14 of enactment of this Act.

15 (2) VIOLENT CRIME CONTROL AND LAW EN16 FORCEMENT ACT OF 1994.—

17 (A) REPEAL.—(i) Subtitle A of title II of

18 the Violent Crime Control and Law Enforce19 ment Act of 1994 is repealed.

20 (ii) The table of contents of the Violent

21 Crime Control and Law Enforcement Act of

22 1994 is amended by striking the matter relating

23 to subtitle A of title II.

24 (B) COMPLIANCE.—Notwithstanding the

25 provisions of subparagraph (A), any funds that
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1 remain available to an applicant under subtitle

2 A of title II of the Violent Crime Control and

3 Law Enforcement Act of 1994 on the date of

4 enactment of this Act shall be used in accord5 ance with such subtitle as such subtitle was in

6 effect on the day preceding the date of enact7 ment of this Act.

8 (C) TRUTH-IN-SENTENCING.—The table of

9 contents of the Violent Crime Control and Law

10 Enforcement Act of 1994 is amended by strik11 ing the matter relating to title V and inserting

12 the following:

‘‘TITLE V—TRUTH-IN-SENTENCING GRANTS

‘‘Sec. 50001. Authorization of grants.

‘‘Sec. 50002. General grants.

‘‘Sec. 50003. Truth-in-sentencing grants.

‘‘Sec. 50004. Special rules.

‘‘Sec. 50005. Formula for grants.

‘‘Sec. 50006. Accountability.

‘‘Sec. 50007. Authorization of appropriations.

‘‘Sec. 50008. Definitions.’’.

13 SEC. 102. STOPPING ABUSIVE PRISONER LAWSUITS.

14 (a) EXHAUSTION REQUIREMENT.—Section 7(a)(1) of

15 the Civil Rights of Institutionalized Persons Act (42

16 U.S.C. 1997e) is amended—

17 (1) by striking ‘‘in any action brought’’ and in18 serting ‘‘no action shall be brought’’;

19 (2) by striking ‘‘the court shall’’ and all that

20 follows through ‘‘require exhaustion of’’ and insert

21 ‘‘until’’; and
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1 (3) by inserting ‘‘are exhausted’’ after ‘‘avail2 able’’.

3 (b) FRIVOLOUS ACTIONS.—Section 7(a) of the Civil

4 Rights of Institutionalized Persons Act (42 U.S.C.

5 1997e(a)) is amended by adding at the end the following:

6 ‘‘(3) The court shall on its own motion or on motion

7 of a party dismiss any action brought pursuant to section

8 1979 of the Revised Statutes of the United States by an

9 adult convicted of a crime and confined in any jail, prison,

10 or other correctional facility, if the court is satisfied that

11 the action fails to state a claim upon which relief can be

12 granted or is frivolous or malicious.’’.

13 (c) MODIFICATION OF REQUIREMENT MINIMUM

14 STANDARDS.—Section 7(b)(2) of the Civil Rights of Insti15 tutionalized Persons Act (42 U.S.C. 1997e(b)(2)) is

16 amended by striking subparagraph (A) and redesignating

17 subparagraphs (B) through (E) as subparagraphs (A)

18 through (D), respectively.

19 (d) PROCEEDINGS IN FORMA PAUPERIS.—

20 (1) DISMISSAL.—Section 1915(d) of title 28,

21 United States Code, is amended—

22 (A) by inserting ‘‘at any time’’ after

23 ‘‘counsel and may’’;

24 (B) by striking ‘‘and may’’ and inserting

25 ‘‘and shall’’;
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1 (C) by inserting ‘‘fails to state a claim

2 upon which relief may be granted or’’ after

3 ‘‘that the action’’; and

4 (D) by inserting ‘‘, even if partial filing

5 fees have been imposed by the court’’ before the

6 period.

7 (2) PRISONER’S STATEMENT OF ASSETS.—Sec8 tion 1915 of title 28, United States Code, is amend9 ed by adding at the end the following new sub10 section:

11 ‘‘(f) If a prisoner in a correctional institution files

12 an affidavit in accordance with subsection (a), such pris13 oner shall include in that affidavit a statement of all assets

14 such prisoner possesses. The court shall make inquiry of

15 the correctional institution in which the prisoner is incar16 cerated for information available to that institution relat17 ing to the extent of the prisoner’s assets. The court shall

18 require full or partial payment of filing fees according to

19 the prisoner’s ability to pay.’’.

20 SEC. 103. APPROPRIATE REMEDIES FOR PRISON CONDI21 TIONS.

22 (a) IN GENERAL.—Section 3626 of title 18, United

23 States Code (as added by section 20409 of the Violent

24 Crime Control and Law Enforcement Act of 1994), is

25 amended to read as follows:
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1 ‘‘§ 3626. Appropriate remedies with respect to prison

2 conditions

3 ‘‘(a) REQUIREMENTS FOR RELIEF.—

4 ‘‘(1) LIMITATIONS ON PROSPECTIVE RELIEF.—

5 Prospective relief in a civil action with respect to

6 prison conditions shall extend no further than nec7 essary to remove the conditions that are causing the

8 deprivation of the Federal rights of individual plain9 tiffs in the civil action. The court shall not grant or

10 approve any prospective relief unless the court finds

11 that such relief is narrowly drawn and the least in12 trusive means to remedy the violation of the Federal

13 right. In determining the intrusiveness of the relief,

14 the court shall give substantial weight to any ad15 verse impact on public safety or the operation of a

16 criminal justice system caused by the relief.

17 ‘‘(2) PRISON POPULATION REDUCTION RE18 LIEF.—In any civil action with respect to prison con19 ditions, the court shall not grant or approve any re20 lief the purpose or effect of which is to reduce or

21 limit the prison population, unless the plaintiff

22 proves that crowding is the primary cause of the

23 deprivation of the Federal right and no other relief

24 will remedy that deprivation.

25 ‘‘(b) TERMINATION OF RELIEF.—
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1 ‘‘(1) AUTOMATIC TERMINATION OF PROSPEC2 TIVE RELIEF AFTER 2-YEAR PERIOD.—In any civil

3 action with respect to prison conditions, any pro4 spective relief shall automatically terminate 2 years

5 after the later of—

6 ‘‘(A) the date the court issued the judg7 ment finding a violation of a Federal right that

8 was the basis for the relief; or

9 ‘‘(B) the date of the enactment of the

10 Local Law Enforcement Enhancement Act of

11 1995.

12 ‘‘(2) IMMEDIATE TERMINATION OF PROSPEC13 TIVE RELIEF.—In any civil action with respect to

14 prison conditions, a defendant or intervenor shall be

15 entitled to the immediate termination of any pro16 spective relief if that relief was approved or granted

17 in the absence of a finding by the court that prison

18 conditions violated a Federal right.

19 ‘‘(c) PROCEDURE FOR MOTIONS AFFECTING PRO20 SPECTIVE RELIEF.—

21 ‘‘(1) GENERALLY.—The court shall promptly

22 rule on any motion to modify or terminate prospec23 tive relief in a civil action with respect to prison con24 ditions.
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1 ‘‘(2) AUTOMATIC STAY.—Any prospective relief

2 subject to a pending motion shall be automatically

3 stayed during the period—

4 ‘‘(A) beginning on the 30th day after such

5 motion is filed, in the case of a motion made

6 under subsection (b); or

7 ‘‘(B) beginning on the 180th day after

8 such motion is filed, in the case of a motion

9 made under any other law;

10 and ending on the date the court enters a final order

11 ruling on that motion.

12 ‘‘(d) STANDING.—Any Federal, State, or local gov13 ernment whose jurisdiction or function includes the pros14 ecution or custody of persons in a prison subject to any

15 relief whose purpose or effect is to reduce or limit the pris16 on population shall have standing to oppose the imposition

17 or continuation in effect of that relief and may intervene

18 in any proceeding relating to that relief. Standing shall

19 be liberally conferred under this subsection so as to effec20 tuate the remedial purposes of this section.

21 ‘‘(e) SPECIAL MASTERS.—In any civil action in a

22 Federal court with respect to prison conditions, any spe23 cial master or monitor shall be a United States magistrate

24 and shall make proposed findings on the record on com25 plicated factual issues submitted to the special master or
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1 monitor by the court, but shall have no other function.

2 The parties may not by consent extend the function of

3 a special master beyond the function permitted under this

4 subsection.

5 ‘‘(f) ATTORNEY’S FEES.—No attorney’s fee under

6 section 722 of the Revised Statutes of the United States

7 (42 U.S.C. 1988) may be granted to a plaintiff in a civil

8 action with respect to prison conditions except to the ex9 tent such fee is—

10 ‘‘(1) directly and reasonably incurred in proving

11 an actual violation of the plaintiff’s Federal rights;

12 and

13 ‘‘(2) proportionally related to the extent the

14 plaintiff obtains court ordered relief for that viola15 tion.

16 ‘‘(g) DEFINITIONS.—As used in this section—

17 ‘‘(1) the term ‘prison’ means any Federal,

18 State, or local facility that incarcerates or detains

19 juveniles or adults accused of, convicted of, sen20 tenced for, or adjudicated delinquent for, violations

21 of criminal law;

22 ‘‘(2) the term ‘relief’ means all relief in any

23 form which may be granted or approved by the

24 court, and includes consent decrees and settlement

25 agreements; and
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1 ‘‘(3) the term ‘prospective relief’ means all re2 lief other than compensatory monetary damages.’’.

3 (b) APPLICATION OF AMENDMENT.—Section 3626 of

4 title 18, United States Code, as amended by this section,

5 shall apply with respect to all relief (as defined in such

6 section) whether such relief was originally granted or ap7 proved before, on, or after the date of the enactment of

8 this Act.

9 (c) CLERICAL AMENDMENT.—The item relating to

10 section 3626 in the table of sections at the beginning of

11 subchapter C of chapter 229 of title 18, United States

12 Code, is amended by striking ‘‘crowding’’ and inserting

13 ‘‘conditions’’.

14 TITLE II—POLICE OFFICERS

15 SEC. 201. COPS ON THE BEAT.

16 (a) IN GENERAL.—Part Q of title I of the Omnibus

17 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

18 3796dd et seq.) is amended to read as follows:

19 ‘‘PART Q—PUBLIC SAFETY AND COMMUNITY

20 POLICING; COPS ON THE BEAT

21 ‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND

22 COMMUNITY POLICING GRANTS.

23 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen24 eral may make grants to cities to increase police presence,

25 to expand and improve cooperative efforts between law en-
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1 forcement agencies and members of the community to ad2 dress crime and disorder problems, and otherwise to en3 hance public safety.

4 ‘‘(b) REHIRING, HIRING, AND INITIAL REDEPLOY5 MENT GRANT PROJECTS.—

6 ‘‘(1) IN GENERAL.—Grants made under sub7 section (a) may be used for programs, projects, and

8 other activities to—

9 ‘‘(A) rehire law enforcement officers who

10 have been laid off as a result of State and local

11 budget reductions for deployment in commu12 nity-oriented policing;

13 ‘‘(B) hire and train new, additional career

14 law enforcement officers for deployment in com15 munity-oriented policing across the Nation; and

16 ‘‘(C) procure equipment, technology, or

17 support systems, or pay overtime, if the appli18 cant for such a grant demonstrates to the satis19 faction of the Attorney General that expendi20 tures for such purposes would result in an in21 crease in the number of officers deployed in

22 community-oriented policing equal to or greater

23 than the increase in the number of officers that

24 would result from a grant for a like amount for
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1 the purposes specified in subparagraph (A) or

2 (B).

3 ‘‘(2) GRANTS FOR EQUIPMENT, TECHNOLOGY,

4 AND SUPPORT SYSTEMS.—Grants pursuant to para5 graph (1)(C)—

6 ‘‘(A) may not exceed—

7 ‘‘(i) 20 percent of the funds available

8 for grants pursuant to this subsection in

9 fiscal year 1995;

10 ‘‘(ii) 20 percent of the funds available

11 for grants pursuant to this subsection in

12 fiscal year 1996; or

13 ‘‘(iii) 10 percent of the funds available

14 for grants pursuant to this subsection in

15 fiscal years 1997, 1998, 1999, and 2000;

16 and

17 ‘‘(B) may not be awarded in fiscal years

18 1998, 1999, or 2000 unless the Attorney Gen19 eral has certified that grants awarded in fiscal

20 years 1995, 1996, and 1997 pursuant to sub21 paragraph (1)(C) have resulted in an increase

22 in the number of officers deployed in commu23 nity-oriented policing equal to or greater than

24 the increase in the number of officers that have

25 resulted from the grants in like amounts award-
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1 ed in fiscal years 1995, 1996, and 1997 pursu2 ant to paragraph (1) (A) and (B).

3 ‘‘(c) TROOPS-TO-COPS PROGRAMS.—

4 ‘‘(1) IN GENERAL.—Grants made under sub5 section (a) may be used to hire former members of

6 the Armed Forces to serve as career law enforce7 ment officers for deployment in community-oriented

8 policing, particularly in communities that are ad9 versely affected by a recent military base closing.

10 ‘‘(2) DEFINITION.—In this subsection, ‘former

11 member of the Armed Forces’ means a member of

12 the Armed Forces of the United States who is invol13 untarily separated from the Armed Forces within

14 the meaning of section 1141 of title 10, United

15 States Code.

16 ‘‘(d) TECHNICAL ASSISTANCE.—

17 ‘‘(1) IN GENERAL.—The Attorney General may

18 provide technical assistance to cities in furtherance

19 of the purposes of the Public Safety Partnership and

20 Community Policing Act of 1994.

21 ‘‘(2) MODEL.—The technical assistance pro22 vided by the Attorney General may include the de23 velopment of a flexible model that will define for

24 State and local governments, and other public and

25 private entities, definitions and strategies associated
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1 with community or problem-oriented policing and

2 methodologies for its implementation.

3 ‘‘(3) TRAINING CENTERS AND FACILITIES.—

4 The technical assistance provided by the Attorney

5 General may include the establishment and oper6 ation of training centers or facilities, either directly

7 or by contracting or cooperative arrangements. The

8 functions of the centers or facilities established

9 under this paragraph may include instruction and

10 seminars for police executives, managers, trainers,

11 supervisors, and such others as the Attorney General

12 considers to be appropriate concerning community or

13 problem-oriented policing and improvements in po14 lice-community interaction and cooperation that fur15 ther the purposes of the Public Safety Partnership

16 and Community Policing Act of 1994.

17 ‘‘(e) UTILIZATION OF COMPONENTS.—The Attorney

18 General may utilize any component or components of the

19 Department of Justice in carrying out this part.

20 ‘‘(f) ALLOCATION OF FUNDS.—The funds available

21 under this part shall be allocated as provided in section

22 1703.

23 ‘‘(g) TERMINATION OF GRANTS FOR HIRING OFFI24 CERS.—The authority under subsection (a) of this section

25 to make grants for the hiring and rehiring of additional
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1 career law enforcement officers shall lapse at the conclu2 sion of 6 years from the date of enactment of this part.

3 Prior to the expiration of this grant authority, the Attor4 ney General shall submit a report to Congress concerning

5 the experience with and effects of such grants. The report

6 may include any recommendations the Attorney General

7 may have for amendments to this part and related provi8 sions of law in light of the termination of the authority

9 to make grants for the hiring and rehiring of additional

10 career law enforcement officers.

11 ‘‘SEC. 1702. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘There are authorized to be appropriated from the

13 Violent Crime Reduction Trust Fund to carry out this

14 part, $1,000,000,000 in each of the fiscal years 1995

15 through 2000, to remain available until expended.

16 ‘‘SEC. 1703. ALLOCATION AND DISTRIBUTION OF FUNDS.

17 ‘‘The Attorney General shall allocate funds made

18 available pursuant to this part shall be allocated using the

19 following formula:

20 ‘‘(1) For each city reporting part 1 violent

21 crimes to the Federal Bureau of Investigation, the

22 Attorney General shall multiply the population of

23 the city by the number of part 1 violent crimes re24 ported in the previous year to calculate the crime

25 weighted population.
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1 ‘‘(2) The Attorney General shall allocate funds

2 to each of the 250 cities with the highest crime

3 weighted populations under paragraph (1) an

4 amount bearing the same ratio as the crime weight5 ed population of such city bears to the total crime

6 weighted population of such 250 cities.

7 ‘‘SEC. 1704. RENEWAL OF GRANTS.

8 ‘‘(a) IN GENERAL.—Except for grants made for hir9 ing or rehiring additional career law enforcement officers,

10 a grant under this part may be renewed for up to 4 addi11 tional years after the first fiscal year during which a recip12 ient receives its initial grant, if the Attorney General de13 termines that the funds made available to the recipient

14 were used in a manner required under an approved appli15 cation and if the recipient can demonstrate significant

16 progress in achieving the objectives of the initial applica17 tion.

18 ‘‘(b) GRANTS FOR HIRING.—Grants made for hiring

19 or rehiring additional career law enforcement officers may

20 be renewed for up to 4 years, subject to the requirements

21 of subsection (a), but notwithstanding the limitation in

22 that subsection concerning the number of years for which

23 grants may be renewed.

24 ‘‘(c) MULTIYEAR GRANTS.—A grant for a period ex25 ceeding 1 year may be renewed as provided in this section,
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1 except that the total duration of such a grant including

2 any renewals may not exceed 5 years.

3 ‘‘SEC. 1705. LIMITATION ON USE OF FUNDS.

4 ‘‘Funds made available under this part to cities shall

5 not be used to supplant State or local funds, but shall

6 be used to increase the amount of funds that would, in

7 the absence of Federal funds received under this part, be

8 made available from State or local sources.

9 ‘‘SEC. 1706. PERFORMANCE EVALUATION.

10 ‘‘(a) MONITORING COMPONENTS.—Each program,

11 project, or activity funded under this part shall contain

12 a monitoring component, developed pursuant to guidelines

13 established by the Attorney General. The monitoring re14 quired by this subsection shall include systematic identi15 fication and collection of data about activities, accomplish16 ments, and programs throughout the life of the program,

17 project, or activity and presentation of such data in a usa18 ble form.

19 ‘‘(b) EVALUATION COMPONENTS.—Selected grant re20 cipients shall be evaluated on the local level or as part

21 of a national evaluation, pursuant to guidelines established

22 by the Attorney General. Such evaluations may include as23 sessments of individual program implementations. In se24 lected jurisdictions that are able to support outcome eval25 uations, the effectiveness of funded programs, projects,
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1 and activities may be required. Outcome measures may

2 include crime and victimization indicators, quality of life

3 measures, community perceptions, and police perceptions

4 of their own work.

5 ‘‘(c) PERIODIC REVIEW AND REPORTS.—The Attor6 ney General may require a grant recipient to submit to

7 the Attorney General the results of the monitoring and

8 evaluations required under subsections (a) and (b) and

9 such other data and information as the Attorney General

10 deems reasonably necessary.

11 ‘‘SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.

12 ‘‘If the Attorney General determines, as a result of

13 the reviews required by section 1706, or otherwise, that

14 a grant recipient under this part is not in substantial com15 pliance with the terms and requirements of an approved

16 grant application submitted under section 1702, the Attor17 ney General may revoke or suspend funding of that grant,

18 in whole or in part.

19 ‘‘SEC. 1708. ACCESS TO DOCUMENTS.

20 ‘‘(a) BY THE ATTORNEY GENERAL.—The Attorney

21 General shall have access for the purpose of audit and ex22 amination to any pertinent books, documents, papers, or

23 records of a grant recipient under this part and to the

24 pertinent books, documents, papers, or records of State

25 and local governments, persons, businesses, and other en-
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1 tities that are involved in programs, projects, or activities

2 for which assistance is provided under this part.

3 ‘‘(b) BY THE COMPTROLLER GENERAL.—Subsection

4 (a) shall apply with respect to audits and examinations

5 conducted by the Comptroller General of the United

6 States or by an authorized representative of the Comptrol7 ler General.

8 ‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.

9 ‘‘The Attorney General may promulgate regulations

10 and guidelines to carry out this part.

11 ‘‘SEC. 1710. DEFINITION.

12 ‘‘In this part, the term ‘career law enforcement offi13 cer’ means a person hired on a permanent basis who is

14 authorized by law or by a State or local public agency to

15 engage in or supervise the prevention, detection, or inves16 tigation of violations of criminal laws.’’.

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

18 (1) TABLE OF CONTENTS.—The table of con19 tents of title I of the Omnibus Crime Control and

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

21 is amended by striking the item relating to part Q

22 and inserting the following:

‘‘PART Q—PUBLIC SAFETY AND COMMUNITY POLICING; COPS AND THE

BEAT

‘‘Sec. 1701. Authority to make public safety and community policing

grants.

‘‘Sec. 1702. Authorization of appropriations.

‘‘Sec. 1703. Allocation and distribution of funds.

‘‘Sec. 1704. Renewal of grants.
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‘‘Sec. 1705. Limitation on use of funds.

‘‘Sec. 1706. Performance evaluation.

‘‘Sec. 1707. Revocation or suspending of funding.

‘‘Sec. 1708. Access to documents.

‘‘Sec. 1709. General regulatory authority.

‘‘Sec. 1710. Definitions.’’.

1 (2) CONFORMING AMENDMENTS.—Section

2 1001(a) of title I of the Omnibus Crime Control and

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

4 amended—

5 (A) in paragraph (3) by striking ‘‘O, P,

6 and Q’’ and inserting ‘‘O, and P’’; and

7 (B) by striking paragraph (11).

8 TITLE III—LAW ENFORCEMENT

9 SEC. 301. BLOCK GRANT PROGRAM.

10 (a) BLOCK GRANT PROGRAM.—Title I of the Violent

11 Crime Control and Law Enforcement Act of 1994 is

12 amended to read as follows:

13 ‘‘TITLE I—LAW ENFORCEMENT

14 BLOCK GRANTS

15 ‘‘SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS.

16 ‘‘(a) PAYMENT AND USE.—

17 ‘‘(1) PAYMENT.—The Director of the Bureau of

18 Justice Assistance shall pay to each unit of local

19 government that qualifies for a payment under this

20 title an amount equal to the sum of any amounts al21 located to such unit under this title for each pay-
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1 ment period. The Director shall pay such amount

2 from amounts appropriated to carry out this title.

3 ‘‘(2) USE.—Amounts paid to a unit of local

4 government under this section shall be used by the

5 unit of local government for reducing crime and im6 proving public safety, including 1 or more of the fol7 lowing purposes:

8 ‘‘(A)(i) Hiring, training, and employing on

9 a continuing basis new law enforcement officers

10 and necessary support personnel.

11 ‘‘(ii) Paying overtime to presently em12 ployed law enforcement officers and necessary

13 support personnel for the purpose of increasing

14 the number of hours worked by such personnel.

15 ‘‘(iii) Procuring equipment, technology,

16 and other material directly related to basic law

17 enforcement functions.

18 ‘‘(B) Enhancing school security measures

19 by—

20 ‘‘(i) providing increased law enforce21 ment patrols in and around schools, wheth22 er through the hiring of additional law en23 forcement officers or paying overtime to

24 presently employed officers;
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1 ‘‘(ii) purchasing law enforcement

2 equipment necessary to carry out normal

3 law enforcement functions in and around

4 schools;

5 ‘‘(iii) equipping schools with metal de6 tectors, fences, closed circuit cameras, and

7 other physical safety measures;

8 ‘‘(iv) establishing gun hotlines de9 signed to facilitate the reporting of weap10 ons possession by students and other indi11 viduals in and around schools; and

12 ‘‘(v) preventing and suppressing vio13 lent youth gang activity.

14 ‘‘(C) Establishing crime prevention pro15 grams that may involve law enforcement offi16 cials and that are intended to discourage, dis17 rupt, or interfere with the commission of crimi18 nal activity, including neighborhood watch and

19 citizen patrol programs, sexual assault and do20 mestic violence programs, and programs in21 tended to prevent juvenile crime.

22 ‘‘(D) Establishing or supporting drug

23 courts.
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1 ‘‘(E) Establishing early intervention and

2 prevention programs for juveniles to reduce or

3 eliminate crime.

4 ‘‘(F) Enhancing the adjudication process

5 of cases involving violent offenders, including

6 the adjudication process of cases involving vio7 lent juvenile offenders.

8 ‘‘(3) DEFINITIONS.—For purposes of this sub9 section—

10 ‘‘(A) the term ‘violent offender’ means a

11 person charged with committing a part I violent

12 crime; and

13 ‘‘(B) the term ‘drug courts’ means a pro14 gram that involves—

15 ‘‘(i) continuing judicial supervision of

16 offenders with substance abuse problems

17 who are not violent offenders; and

18 ‘‘(ii) the integrated administration of

19 other sanctions and services, including—

20 ‘‘(I) mandatory periodic testing

21 for the use of controlled substances or

22 other addictive substances during any

23 period of supervised release or proba24 tion for each participant;
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1 ‘‘(II) substance abuse treatment

2 for each participant;

3 ‘‘(III) probation, or other super4 vised release involving the possibility

5 of prosecution, confinement, or incar6 ceration based on noncompliance with

7 program requirements or failure to

8 show satisfactory progress; and

9 ‘‘(IV) programmatic, offender

10 management, and aftercare services

11 such as relapse prevention, vocational

12 job training, job placement, and hous13 ing placement.

14 ‘‘(b) PROHIBITED USES.—Notwithstanding any other

15 provision of this Act, a unit of local government may not

16 expend any of the funds provided under this title to pur17 chase, lease, rent, or otherwise acquire—

18 ‘‘(1) tanks or armored personnel carriers;

19 ‘‘(2) fixed wing aircraft;

20 ‘‘(3) limousines;

21 ‘‘(4) real estate; or

22 ‘‘(5) yachts,

23 unless the Attorney General certifies that extraordinary

24 and exigent circumstances exist that make the use of

25 funds for such purposes essential to the maintenance of
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1 public safety and good order in such unit of local govern2 ment.

3 ‘‘(c) TIMING OF PAYMENTS.—The Director shall pay

4 each unit of local government that has submitted an appli5 cation under this title not later than—

6 ‘‘(1) 90 days after the date that the amount is

7 available; or

8 ‘‘(2) the first day of the payment period if the

9 unit of local government has provided the Director

10 with the assurances required by section 103(d),

11 whichever is later.

12 ‘‘(d) ADJUSTMENTS.—

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

14 the Director shall adjust a payment under this title

15 to a unit of local government to the extent that a

16 prior payment to the unit of local government was

17 more or less than the amount required to be paid.

18 ‘‘(2) CONSIDERATIONS.—The Director may in19 crease or decrease a payment to a unit of local gov20 ernment only if the Director determines the need for

21 the increase or decrease, or if the unit requests the

22 increase or decrease, not later than 1 year after the

23 end of the payment period for which a payment was

24 made.
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1 ‘‘(e) RESERVATION FOR ADJUSTMENT.—The Direc2 tor may reserve a percentage of not more than 2 percent

3 of the amount under this section for a payment period

4 for all units of local government in a State if the Director

5 considers the reserve is necessary to ensure the availability

6 of sufficient amounts to pay adjustments after the final

7 allocation of amounts among the units of local government

8 in the State.

9 ‘‘(f) REPAYMENT OF UNEXPENDED AMOUNTS.—

10 ‘‘(1) REPAYMENT REQUIRED.—A unit of local

11 government shall repay to the Director, by not later

12 than 27 months after receipt of funds from the Di13 rector, any amount that is—

14 ‘‘(A) paid to the unit from amounts appro15 priated under the authority of this section; and

16 ‘‘(B) not expended by the unit within 2

17 years after receipt of such funds from the Di18 rector.

19 ‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the

20 amount required to be repaid is not repaid, the Di21 rector shall reduce payment in future payment peri22 ods accordingly.

23 ‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts

24 received by the Director as repayments under this
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1 subsection shall be deposited in a designated fund

2 for future payments to units of local government.

3 ‘‘(g) NONSUPPLANTING REQUIREMENT.—Funds

4 made available under this title to units of local government

5 shall not be used to supplant State or local funds, but

6 shall be used to increase the amount of funds that would,

7 in the absence of funds made available under this title,

8 be made available from State or local sources.

9 ‘‘SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated from the Violent Crime

12 Reduction Trust Fund to carry out this title

13 $1,130,000,000 for each of the fiscal years 1996, 1997,

14 1998, 1999, and 2000, to remain available until expended.

15 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 2.5

16 percent of the amount authorized to be appropriated

17 under subsection (a) for each of the fiscal years 1996

18 through 2000 shall be available to the Director for admin19 istrative costs to carry out this title. Such sums shall re20 main available until expended.

21 ‘‘SEC. 103. QUALIFICATION FOR PAYMENT.

22 ‘‘(a) IN GENERAL.—The Director shall issue regula23 tions establishing procedures under which a unit of local

24 government is required to provide notice to the Director
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1 regarding the proposed use of funds made available under

2 this title.

3 ‘‘(b) PROGRAM REVIEW.—The Director shall estab4 lish a process for the ongoing evaluation of projects devel5 oped with funds made available under this title.

6 ‘‘(c) GENERAL REQUIREMENTS FOR QUALIFICA7 TION.—A unit of local government qualifies for a payment

8 under this title for a payment period only if the unit of

9 local government submits an application to the Director

10 and establishes, to the satisfaction of the Director, that—

11 ‘‘(1) the unit of local government has estab12 lished a local advisory board that—

13 ‘‘(A) includes a representative from—

14 ‘‘(i) the local police department or

15 local sheriff’s department;

16 ‘‘(ii) the local prosecutor’s office;

17 ‘‘(iii) the local court system;

18 ‘‘(iv) the local public school system;

19 and

20 ‘‘(v) a local nonprofit, educational, re21 ligious, or community group active in

22 crime prevention or drug use prevention or

23 treatment;

24 ‘‘(B) has reviewed the application; and
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1 ‘‘(C) is designated to make nonbinding rec2 ommendations to the unit of local government

3 for the use of funds received under this title;

4 ‘‘(2) the chief executive officer of the State has

5 had not less than 45 days to review and comment

6 on the application prior to submission to the Direc7 tor;

8 ‘‘(3) the unit of local government will establish

9 a trust fund in which the government will deposit all

10 payments received under this title;

11 ‘‘(4) the unit of local government will use

12 amounts in the trust fund (including interest) dur13 ing a period not to exceed 2 years from the date the

14 first grant payment is made to the unit of local gov15 ernment;

16 ‘‘(5) the unit of local government will expend

17 the payments received in accordance with the laws

18 and procedures that are applicable to the expendi19 ture of revenues of the unit of local government;

20 ‘‘(6) the unit of local government will use ac21 counting, audit, and fiscal procedures that conform

22 to guidelines which shall be prescribed by the Direc23 tor after consultation with the Comptroller General

24 and as applicable, amounts received under this title
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1 shall be audited in compliance with the Single Audit

2 Act of 1984;

3 ‘‘(7) after reasonable notice from the Director

4 or the Comptroller General to the unit of local gov5 ernment, the unit of local government will make

6 available to the Director and the Comptroller Gen7 eral, with the right to inspect, records that the Di8 rector reasonably requires to review compliance with

9 this title or that the Comptroller General reasonably

10 requires to review compliance and operation;

11 ‘‘(8) a designated official of the unit of local

12 government shall make reports the Director reason13 ably requires, in addition to the annual reports re14 quired under this title; and

15 ‘‘(9) the unit of local government will spend the

16 funds made available under this title only for the

17 purposes set forth in section 101(a)(2).

18 ‘‘(d) SANCTIONS FOR NONCOMPLIANCE.—

19 ‘‘(1) IN GENERAL.—If the Director determines

20 that a unit of local government has not complied

21 substantially with the requirements or regulations

22 prescribed under subsections (a) and (c), the Direc23 tor shall notify the unit of local government that if

24 the unit of local government does not take corrective

25 action within 60 days of such notice, the Director
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1 will withhold additional payments to the unit of local

2 government for the current and future payment peri3 ods until the Director is satisfied that the unit of

4 local government—

5 ‘‘(A) has taken the appropriate corrective

6 action; and

7 ‘‘(B) will comply with the requirements

8 and regulations prescribed under subsections

9 (a) and (c).

10 ‘‘(2) NOTICE.—Before giving notice under para11 graph (1), the Director shall give the chief executive

12 officer of the unit of local government reasonable no13 tice and an opportunity for comment.

14 ‘‘SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.

15 ‘‘(a) STATE SET-ASIDE.—

16 ‘‘(1) IN GENERAL.—Of the total amounts ap17 propriated for this title for each payment period, the

18 Director shall allocate for units of local government

19 in each State an amount that bears the same ratio

20 to such total as the average annual number of part

21 1 violent crimes reported by such State to the Fed22 eral Bureau of Investigation for the 3 most recent

23 calendar years for which such data is available,

24 bears to the number of part 1 violent crimes re-
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1 ported by all States to the Federal Bureau of Inves2 tigation for such years.

3 ‘‘(2) MINIMUM REQUIREMENT.—Each State

4 shall receive not less than .25 percent of the total

5 amounts appropriated under section 102 under this

6 subsection for each payment period.

7 ‘‘(3) PROPORTIONAL REDUCTION.—If amounts

8 available to carry out paragraph (2) for any pay9 ment period are insufficient to pay in full the total

10 payment that any State is otherwise eligible to re11 ceive under paragraph (1) for such period, then the

12 Director shall reduce payments under paragraph (1)

13 for such payment period to the extent of such insuf14 ficiency. Reductions under the preceding sentence

15 shall be allocated among the States (other than

16 States whose payment is determined under para17 graph (2)) in the same proportions as amounts

18 would be allocated under paragraph (1) without re19 gard to paragraph (2).

20 ‘‘(b) LOCAL DISTRIBUTION.—

21 ‘‘(1) IN GENERAL.—From the amount reserved

22 for each State under subsection (a), the Director

23 shall allocate—
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1 ‘‘(A) among reporting units of local gov2 ernment the reporting units’ share of such re3 served amount; and

4 ‘‘(B) among nonreporting units of local

5 government the nonreporting units’ share of the

6 reserved amount.

7 ‘‘(2) AMOUNTS.—

8 ‘‘(A) The reporting units’ share of the re9 served amount is the amount equal to the prod10 uct of such reserved amount multiplied by the

11 percentage which the population living in re12 porting units of local government in the State

13 bears to the population of all units of local gov14 ernment in the State.

15 ‘‘(B) The nonreporting units’ share of the

16 reserved amount is the reserved amount re17 duced by the reporting units’ share of the re18 served amount.

19 ‘‘(3) ALLOCATION TO EACH REPORTING

20 UNIT.—From the reporting units’ share of the re21 served amount for each State under subsection (a),

22 the Director shall allocate to each reporting unit of

23 local government an amount which bears the same

24 ratio to such share as the average annual number of

25 part 1 violent crimes reported by such unit to the
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1 Federal Bureau of Investigation for the 3 most re2 cent calendar years for which such data is available

3 bears to the number of part 1 violent crimes re4 ported by all units of local government in the State

5 in which the unit is located to the Federal Bureau

6 of Investigation for such years.

7 ‘‘(4) ALLOCATION TO EACH NONREPORTING

8 UNIT.—From the nonreporting units’ share of the

9 reserved amount for each State under subsection

10 (a), the Director shall allocate to each nonreporting

11 unit of local government an amount which bears the

12 same ratio to such share as the average number of

13 part 1 violent crimes of like governmental units in

14 the same population class as such unit bears to the

15 average annual imputed number of part 1 violent

16 crimes of all nonreporting units in the State for the

17 3 most recent calendar years.

18 ‘‘(5) LIMITATION ON ALLOCATIONS.—A unit of

19 local government shall not receive an allocation

20 which exceeds 100 percent of such unit’s expendi21 tures on law enforcement services as reported by the

22 Bureau of the Census for the most recent fiscal

23 year. Any amount in excess of 100 percent of such

24 unit’s expenditures on law enforcement services shall

25 be distributed proportionally among units of local
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1 government whose allocation does not exceed 100

2 percent of expenditures on law enforcement services.

3 ‘‘(6) DEFINITIONS.—For purposes of this sub4 section—

5 ‘‘(A) The term ‘reporting unit of local gov6 ernment’ means any unit of local government

7 that reported part 1 violent crimes to the Fed8 eral Bureau of Investigation for the 3 most re9 cent calendar years for which such data is avail10 able.

11 ‘‘(B) The term ‘nonreporting unit of local

12 government’ means any unit of local govern13 ment that is not a reporting unit of local gov14 ernment.

15 ‘‘(C)(i) The term ‘like governmental units’

16 means any like unit of local government as de17 fined by the Secretary of Commerce for general

18 statistical purposes, and means—

19 ‘‘(I) all counties are treated as like

20 governmental units;

21 ‘‘(II) all cities are treated as like gov22 ernmental units;

23 ‘‘(III) all townships are treated as like

24 governmental units.
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1 ‘‘(ii) Similar rules shall apply to other

2 types of governmental units.

3 ‘‘(D) The term ‘same population class’

4 means a like unit within the same population

5 category as another like unit with the categories

6 determined as follows:

7 ‘‘(i) 0 through 9,999.

8 ‘‘(ii) 10,000 through 49,999.

9 ‘‘(iii) 50,000 through 149,999.

10 ‘‘(iv) 150,000 through 299,999.

11 ‘‘(v) 300,000 or more.

12 ‘‘(7) LOCAL GOVERNMENTS WITH ALLOCATIONS

13 OF LESS THAN $10,000.—If under paragraph (3) or

14 (4) a unit of local government is allotted less than

15 $10,000 for the payment period, the amount allotted

16 shall be transferred to the chief executive officer of

17 the State who shall distribute such funds among

18 units of local government whose allotment is less

19 than such amount in a manner which reduces crime

20 and improves public safety.

21 ‘‘(8) SPECIAL RULES.—

22 ‘‘(A) If a unit of local government in a

23 State that has been incorporated since the date

24 of the collection of the data used by the Direc25 tor in making allocations pursuant to this sec-
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1 tion, such unit shall be treated as a nonreport2 ing unit of local government for purposes of

3 this subsection.

4 ‘‘(B) If a unit of local government in the

5 State has been annexed since the date of the

6 collection of the data used by the Director in

7 making allocations pursuant to this section, the

8 Director shall pay the amount that would have

9 been allocated to such unit of local government

10 to the unit of local government that annexed it.

11 ‘‘(c) UNAVAILABILITY OF INFORMATION.—For pur12 poses of this section, if data regarding part 1 violent

13 crimes in any State for the 3 most recent calendar years

14 is unavailable or substantially inaccurate, the Director

15 shall utilize the best available comparable data regarding

16 the number of violent crimes for such years for such State

17 for the purposes of allocation of any funds under this title.

18 ‘‘SEC. 105. UTILIZATION OF PRIVATE SECTOR.

19 ‘‘Funds or a portion of funds allocated under this

20 title may be utilized to contract with private, nonprofit en21 tities or community-based organizations to carry out the

22 purposes specified under section 101(a)(2).

23 ‘‘SEC. 106. PUBLIC PARTICIPATION.

24 ‘‘(a) IN GENERAL.—A unit of local government ex25 pending payments under this title shall hold not less than
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1 1 public hearing on the proposed use of the payment from

2 the Director in relation to its entire budget.

3 ‘‘(b) VIEWS.—At the hearing, persons shall be given

4 an opportunity to provide written and oral views to the

5 unit of local government authority responsible for enacting

6 the budget and to ask questions about the entire budget

7 and the relation of the payment from the Director to the

8 entire budget.

9 ‘‘(c) TIME AND PLACE.—The unit of local govern10 ment shall hold the hearing at a time and place that allows

11 and encourages public attendance and participation.

12 ‘‘SEC. 107. ADMINISTRATIVE PROVISIONS.

13 ‘‘The administrative provisions of part H of the Om14 nibus Crime Control and Safe Streets Act of 1968, shall

15 apply to this title and for purposes of this section any ref16 erence in such provisions to title I of the Omnibus Crime

17 Control and Safe Streets Act of 1968 shall be deemed to

18 be a reference to this title.

19 ‘‘SEC. 108. DEFINITIONS.

20 ‘‘For the purposes of this title:

21 ‘‘(1) The term ‘unit of local government’

22 means—

23 ‘‘(A) a county, township, city, or political

24 subdivision of a county, township, or city, that

25 is a unit of local government as determined by
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1 the Secretary of Commerce for general statis2 tical purposes; and

3 ‘‘(B) the District of Columbia and the rec4 ognized governing body of an Indian tribe or

5 Alaska Native village that carries out substan6 tial governmental duties and powers.

7 ‘‘(2) The term ‘payment period’ means each 1-

8 year period beginning on October 1 of any year in

9 which a grant under this title is awarded.

10 ‘‘(3) The term ‘State’ means any State of the

11 United States, the District of Columbia, the Com12 monwealth of Puerto Rico, the Virgin Islands, Amer13 ican Samoa, Guam, and the Northern Mariana Is14 lands, except that American Samoa, Guam, and the

15 Northern Mariana Islands shall be considered as 1

16 State and that, for purposes of section 104(a), 33

17 percent of the amounts allocated shall be allocated

18 to American Samoa, 50 percent to Guam, and 17

19 percent to the Northern Mariana Islands.

20 ‘‘(4) The term ‘juvenile’ means an individual

21 who is 17 years of age or younger.

22 ‘‘(5) The term ‘part 1 violent crimes’ means

23 murder and nonnegligent manslaughter, forcible

24 rape, robbery, and aggravated assault as reported to
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1 the Federal Bureau of Investigation for purposes of

2 the Uniform Crime Reports.

3 ‘‘(6) The term ‘Director’ means the Director of

4 the Bureau of Justice Assistance.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) OUNCE OF PREVENTION COUNCIL.—

7 (A) IN GENERAL.—Subtitle A of title III

8 of the Violent Crime Control and Law Enforce9 ment Act of 1994 is repealed.

10 (B) FUNDING.—Notwithstanding subpara11 graph (A), any funds that remain available to

12 an applicant under subtitle A of title III of the

13 Violent Crime Control and Law Enforcement

14 Act of 1994 on the date of enactment of this

15 Act shall be used in accordance with such sub16 title as in effect on the day preceding the date

17 of enactment of this Act.

18 (2) LOCAL CRIME PREVENTION BLOCK GRANT

19 PROGRAM.—Subtitle B of title III of the Violent

20 Crime Control and Law Enforcement Act of 1994 is

21 repealed.

22 (3) MODEL INTENSIVE BLOCK GRANT PRO23 GRAMS.—Subtitle C of title III of the Violent Crime

24 Control and Law Enforcement Act of 1994 is re25 pealed.
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1 (4) FAMILY AND COMMUNITY ENDEAVOR

2 SCHOOLS GRANT PROGRAM.—

3 (A) IN GENERAL.—Subtitle D of title III

4 of the Violent Crime Control and Law Enforce5 ment Act of 1994 is repealed.

6 (B) FUNDING.—Notwithstanding subpara7 graph (A), any funds that remain available to

8 an applicant under subtitle D of title III of the

9 Violent Crime Control and Law Enforcement

10 Act of 1994 on the date of enactment of this

11 Act shall be used in accordance with such sub12 title as in effect on the day preceding the date

13 of enactment of this Act.

14 (5) ASSISTANCE FOR DELINQUENT AND AT15 RISK YOUTH.—Subtitle G of title III of the Violent

16 Crime Control and Law Enforcement Act of 1994 is

17 repealed.

18 (6) POLICE RETIREMENT.—Subtitle H of title

19 III of the Violent Crime Control and Law Enforce20 ment Act of 1994 is repealed.

21 (7) LOCAL PARTNERSHIP ACT.—

22 (A) SUBTITLE J.—Subtitle J of title III of

23 the Violent Crime Control and Law Enforce24 ment Act of 1994 is repealed.
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1 (B) FEDERAL PAYMENTS.—Chapter 67 of

2 title 31, United States Code is repealed.

3 (C) TABLE OF CHAPTERS.—The table of

4 chapters at the beginning of subtitle V of title

5 31, United States Code, is amended by striking

6 the matter relating to chapter 67.

7 (D) FUNDING.—Notwithstanding subpara8 graph (B), any funds that remain available to

9 an applicant under chapter 67 of title 31,

10 United States Code, on the date of enactment

11 of this Act shall be used in accordance with

12 such chapter as in effect on the day preceding

13 the date of enactment of this Act.

14 (8) NATIONAL COMMUNITY ECONOMIC PART15 NERSHIP.—Subtitle K of title III of the Violent

16 Crime Control and Law Enforcement Act of 1994 is

17 repealed.

18 (9) URBAN RECREATION AND AT-RISK

19 YOUTH.—

20 (A) RECREATION.—Subtitle O of title III

21 of the Violent Crime Control and Law Enforce22 ment Act of 1994 is repealed.

23 (B) URBAN PARK AND RECREATION RE24 COVERY.—The Urban Park and Recreation Re-
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1 covery Act of 1978 (16 U.S.C. 2501 et seq.) is

2 amended—

3 (i) in section 1004—

4 (I) by striking subsection (d);

5 and

6 (II) by redesignating subsections

7 (e) through (k) as subsection (d)

8 through (j), respectively;

9 (ii) in section 1005(c)—

10 (I) by inserting ‘‘and’’ at the end

11 of paragraph (6);

12 (II) in paragraph (7), by striking

13 ‘‘; and’’ and inserting a period; and

14 (III) by striking paragraph (8);

15 (iii) in section 1007(b), by striking

16 the last 2 sentences; and

17 (iv) in section 1013—

18 (I) by striking ‘‘(a) IN GEN19 ERAL.—’’; and

20 (II) by striking subsection (b).

21 (c) COMMUNITY-BASED JUSTICE GRANTS FOR PROS22 ECUTORS.—Subtitle Q of title III of the Violent Crime

23 Control and Law Enforcement Act of 1994 is repealed.
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1 (d) FAMILY UNITY DEMONSTRATION PROJECT.—

2 Subtitle S of title III of the Violent Crime Control and

3 Law Enforcement Act of 1994 is repealed.

4 (e) GANG RESISTANCE AND EDUCATION TRAIN5 ING.—(1) Subtitle X of title III of the Violent Crime Con6 trol and Law Enforcement Act of 1994 is repealed.

7 (2) Notwithstanding paragraph (1), any funds that

8 remain available to an applicant under subtitle X of title

9 III of the Violent Crime Control and Law Enforcement

10 Act of 1994 on the date of enactment of this Act shall

11 be used in accordance with such subtitle as in effect on

12 the day preceding the date of enactment of this Act.

13 (f) CLERICAL AMENDMENTS.—

14 (1) The matter relating to title I in the table

15 of contents of the Violent Crime Control and Law

16 Enforcement Act of 1994 is amended to read as fol17 lows:

‘‘TITLE I—LAW ENFORCEMENT BLOCK GRANTS

‘‘Sec. 101. Payments to local governments.

‘‘Sec. 102. Authorization of appropriations.

‘‘Sec. 103. Qualification for payment.

‘‘Sec. 104. Allocation and distribution of funds.

‘‘Sec. 105. Utilization of private sector.

‘‘Sec. 106. Public participation.

‘‘Sec. 107. Administrative provisions.

‘‘Sec. 108. Definitions.’’.

18 (2) The table of contents of the Violent Crime

19 Control and Law Enforcement Act of 1994 is

20 amended by striking the matter relating to subtitles

21 A, B, C, D, G, H, J, K, O, Q, S, and X of title III.
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1 TITLE IV—TECHNOLOGY

2 SEC. 401. FUNDING FOR DNA IDENTIFICATION.

3 Section 1001(a)(22) of the Omnibus Crime Control

4 and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(22)) is

5 amended to read as follows:

6 ‘‘(22) There are authorized to be appropriated to

7 carry out part X—

8 ‘‘(A) $8,000,000 for fiscal year 1996;

9 ‘‘(B) $12,000,000 for fiscal year 1997;

10 ‘‘(C) $10,000,000 for fiscal year 1998;

11 ‘‘(D) $6,000,000 for fiscal year 1999; and

12 ‘‘(E) $4,000,000 for fiscal year 2000.’’.

13 SEC. 402. STATE COMPATIBILITY WITH FEDERAL BUREAU

14 OF INVESTIGATION SYSTEMS.

15 (a) GRANT AUTHORIZATION.—

16 (1) IN GENERAL.—The Attorney General shall

17 make funds available to the chief executive officer of

18 each State to carry out the activities described in

19 paragraph (2).

20 (2) USES.—The executive officer of each State

21 shall use the funds made available under this section

22 in conjunction with units of local government, other

23 States, or combinations thereof, to carry out all or

24 part of a program to establish, develop, update, or

25 upgrade—
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1 (A) computerized identification systems

2 that are compatible and integrated with the

3 databases of the National Crime Information

4 Center of the Federal Bureau of Investigation;

5 (B) ballistics identification programs that

6 are compatible and integrated with the Drugfire

7 Program of the Federal Bureau of Investiga8 tion;

9 (C) the capability to analyze

10 deoxyribonucleic acid (DNA) in a forensic lab11 oratory in ways that are compatible and inte12 grated with the combined DNA Identification

13 System (CODIS) of the Federal Bureau of In14 vestigation; and

15 (D) automated fingerprint identification

16 systems that are compatible and integrated with

17 the Integrated Automated Fingerprint Identi18 fication System (IAFIS) of the Federal Bureau

19 of Investigation.

20 (b) ELIGIBILITY.—To be eligible to receive a grant

21 under this section, a State shall require that each person

22 convicted of a felony of a sexual nature shall provide a

23 sample of blood, saliva, or other specimen necessary to

24 conduct a DNA analysis consistent with the standards es-
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1 tablished for DNA testing by the Director of the Federal

2 Bureau of Investigation.

3 (c) INTERSTATE COMPACTS.—A State may enter into

4 a compact or compacts with another State or States to

5 carry out this section.

6 (d) ALLOCATION.—The Attorney General shall allo7 cate the funds made available pursuant to subsection (d)

8 to each State based on the population of the State as re9 ported in the most recent decennial census of the popu10 lation.

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated from the Violent Crime

13 Reduction Trust Fund to carry out this section—

14 (1) $200,000,000 in fiscal year 1996;

15 (2) $200,000,000 in fiscal year 1997;

16 (3) $250,000,000 in fiscal year 1998;

17 (4) $250,000,000 in fiscal year 1999; and

18 (5) $100,000,000 in fiscal year 2000.

19 SEC. 403. FUNDING FOR DRUGFIRE.

20 There are authorized to be appropriated $2,050,000

21 for fiscal year 1995 to carry out the Drugfire Program

22 of the Federal Bureau of Investigation established under

23 section 210501(a)(2)(D) of the Violent Crime Control and

24 Law Enforcement Act of 1994.
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1 SEC. 404. FUNDING FOR THE FBI DNA SYSTEM COVERING

2 FEDERAL CRIMES AND CRIME COMMITTED IN

3 THE DISTRICT OF COLUMBIA.

4 (a) EXPANSION OF SYSTEM.—The Director of the

5 Federal Bureau of Investigation shall expand the Com6 bined DNA Identification System (CODIS) to include

7 Federal crimes and crimes committed in the District of

8 Columbia.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated from the Violent Crime

11 Reduction Trust Fund to carry out this section—

12 (1) $8,500,000 for fiscal year 1996;

13 (2) $1,600,000 for fiscal year 1997;

14 (3) $1,600,000 for fiscal year 1998;

15 (4) $1,600,000 for fiscal year 1999; and

16 (5) $1,600,000 for fiscal year 2000.

17 TITLE V—TRIGGERLOCK

18 SEC. 501. CONGRESSIONAL OVERSIGHT.

19 (a) REPORT TO ATTORNEY GENERAL.—Not later

20 than 90 days after the date of the enactment of this Act,

21 the Attorney General shall require each United States At22 torney to—

23 (1) establish an armed violent criminal appre24 hension task force comprised of appropriate law en25 forcement representatives which shall be responsible
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1 for developing strategies for removing armed violent

2 criminals from the streets; and

3 (2) not less frequently than monthly, report to

4 the Attorney General on the number of defendants

5 charged with, or convicted of, violating section

6 922(g) or 924 of title 18, United States Code, in the

7 district for which the United States Attorney is ap8 pointed.

9 (b) REPORT TO CONGRESS.—The Attorney General

10 shall prepare and submit a report to Congress every 6

11 months detailing the contents of the reports submitted

12 pursuant to subsection (a).

13 SEC. 502. PRETRIAL DETENTION FOR POSSESSION OF FIRE14 ARMS OR EXPLOSIVES BY CONVICTED FEL15 ONS.

16 Section 3156(a)(4) of title 18, United States Code,

17 is amended—

18 (1) by striking ‘‘or’’ at the end of subparagraph

19 (B);

20 (2) by striking the period at the end of sub21 paragraph (C) and inserting ‘‘; or’’; and

22 (3) by adding after subparagraph (C) the fol23 lowing new subparagraph:
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1 ‘‘(D) an offense that is a violation of sec2 tion 842(i) or 922(g) (relating to possession of

3 explosives or firearms by convicted felons).’’.

4 SEC. 503. CONFORMING SCIENTER CHANGE FOR TRANS5 FERRING A FIREARM TO COMMIT A CRIME OF

6 VIOLENCE.

7 Section 924(h) of title 18, United States Code, is

8 amended by inserting ‘‘or having reasonable cause to be9 lieve’’ after ‘‘knowing’’.

10 SEC. 504. FIREARMS POSSESSION BY VIOLENT FELONS AND

11 SERIOUS DRUG OFFENDERS.

12 Section 924(a)(2) of title 18, United States Code, is

13 amended—

14 (1) by striking ‘‘(2) Whoever’’ and inserting

15 ‘‘(2)(A) Subject to subparagraphs (B) and (C), who16 ever’’;

17 (2) by adding at the end the following:

18 ‘‘(B) If the violation is of section 922(g)(1) by a per19 son who has a previous conviction for a violent felony (as

20 defined in subsection (e)(2)(B)) or a serious drug offense

21 (as defined in subsection (a)(2)(A)), a sentence imposed

22 under this paragraph shall include a term of imprisonment

23 of not less than 5 years.

24 ‘‘(C)(i) Notwithstanding subparagraph (B), if the vio25 lation is of section 922(g)(1) by a person who has more
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1 than 1 previous conviction for a violent felony or a serious

2 drug offense, committed under different circumstances,

3 such person shall be fined under this title, imprisoned not

4 less than 10 years and not more than 20 years, or both.

5 ‘‘(ii) Notwithstanding any other provision of law, the

6 court shall not grant a probationary sentence to a person

7 described in clause (i) with respect to the conviction under

8 section 922(g).’’.

9 TITLE VI—EQUAL PROTECTION

10 FOR VICTIMS

11 SEC. 601. RIGHT OF VICTIMS TO RESTITUTION.

12 (a) ORDER OF RESTITUTION.—Section 3663 of title

13 18, United States Code, is amended—

14 (1) in subsection (a)—

15 (A) in paragraph (1)—

16 (i) by striking ‘‘may order, in addition

17 to or, in the case of a misdemeanor, in lieu

18 of any other penalty authorized by law,’’

19 and inserting ‘‘shall order’’; and

20 (ii) by adding at the end the follow21 ing: ‘‘This paragraph does not affect the

22 power of the court to impose any other

23 penalty authorized by law. In the case of

24 a misdemeanor, the court may impose res-
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1 titution in lieu of any other penalty author2 ized by law.’’;

3 (B) by adding at the end the following new

4 paragraph:

5 ‘‘(4) In addition to ordering restitution to the victim

6 of the offense for which a defendant is convicted, a court

7 may order restitution to any person who, as shown by a

8 preponderance of evidence, was harmed physically, emo9 tionally, or pecuniarily, by unlawful conduct of the defend10 ant during—

11 ‘‘(A) the criminal episode during which the of12 fense occurred;

13 ‘‘(B) the course of a scheme, conspiracy, or pat14 tern of unlawful activity related to the offense.’’;

15 (2) in subsection (b)(1)(B) by striking ‘‘imprac16 tical’’ and inserting ‘‘impracticable’’;

17 (3) in subsection (b)(2) by inserting ‘‘emotional

18 or’’ after ‘‘resulting in’’;

19 (4) in subsection (c) by striking ‘‘If the court

20 decides to order restitution under this section, the’’

21 and inserting ‘‘The’’;

22 (5) by striking subsections (d), (e), (f), (g), and

23 (h);

24 (6) by redesignating subsection (i) as subsection

25 (m); and
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1 (7) by inserting after subsection (c) the follow2 ing:

3 ‘‘(d)(1) The court shall order restitution to a victim

4 in the full amount of the victim’s losses as determined by

5 the court and without consideration of—

6 ‘‘(A) the economic circumstances of the of7 fender; or

8 ‘‘(B) the fact that a victim has received or is

9 entitled to receive compensation with respect to a

10 loss from insurance or any other source.

11 ‘‘(2) Upon determination of the amount of restitution

12 owed to each victim, the court shall specify in the restitu13 tion order the manner in which and the schedule according

14 to which the restitution is to be paid, in consideration of—

15 ‘‘(A) the financial resources and other assets of

16 the offender;

17 ‘‘(B) projected earnings and other income of

18 the offender; and

19 ‘‘(C) any financial obligations of the offender,

20 including obligations to dependents.

21 ‘‘(3) A restitution order may direct the offender to

22 make a single, lump-sum payment, partial payment at

23 specified intervals, or such in-kind payments as may be

24 agreeable to the victim and the offender. A restitution

25 order shall direct the offender to give appropriate notice
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1 to victims and other persons in cases where there are mul2 tiple victims or other persons who may receive restitution,

3 and where the identity of such victims and other persons

4 can be reasonably determined.

5 ‘‘(4) An in-kind payment described in paragraph (3)

6 may be in the form of—

7 ‘‘(A) return of property;

8 ‘‘(B) replacement of property; or

9 ‘‘(C) services rendered to the victim or to a per10 son or organization other than the victim.

11 ‘‘(e) When the court finds that more than 1 offender

12 has contributed to the loss of a victim, the court may make

13 each offender liable for payment of the full amount of res14 titution or may apportion liability among the offenders to

15 reflect the level of contribution and economic cir16 cumstances of each offender.

17 ‘‘(f) When the court finds that more than 1 victim

18 has sustained a loss requiring restitution by an offender,

19 the court shall order full restitution to each victim but

20 may provide for different payment schedules to reflect the

21 economic circumstances of each victim.

22 ‘‘(g)(1) If the victim has received or is entitled to re23 ceive compensation with respect to a loss from insurance

24 or any other source, the court shall order that restitution

25 be paid to the person who provided or is obligated to pro-
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1 vide the compensation, but the restitution order shall pro2 vide that all restitution to victims required by the order

3 be paid to the victims before any restitution is paid to

4 such a provider of compensation.

5 ‘‘(2) The issuance of a restitution order shall not af6 fect the entitlement of a victim to receive compensation

7 with respect to a loss from insurance or any other source

8 until the payments actually received by the victim under

9 the restitution order fully compensate the victim for the

10 loss, at which time a person that has provided compensa11 tion to the victim shall be entitled to receive any payments

12 remaining to be paid under the restitution order.

13 ‘‘(3) Any amount paid to a victim under an order of

14 restitution shall be set off against any amount later recov15 ered as compensatory damages by the victim in—

16 ‘‘(A) any Federal civil proceeding; and

17 ‘‘(B) any State civil proceeding, to the extent

18 provided by the law of the State.

19 ‘‘(h) A restitution order shall provide that—

20 ‘‘(1) all fines, penalties, costs, restitution pay21 ments and other forms of transfers of money or

22 property made pursuant to the sentence of the court

23 shall be made by the offender to an entity des24 ignated by the Director of the Administrative Office

25 of the United States Courts for accounting and pay-
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1 ment by the entity in accordance with this sub2 section;

3 ‘‘(2) the entity designated by the Director of

4 the Administrative Office of the United States

5 Courts shall—

6 ‘‘(A) log all transfers in a manner that

7 tracks the offender’s obligations and the cur8 rent status in meeting those obligations, unless,

9 after efforts have been made to enforce the res10 titution order and it appears that compliance

11 cannot be obtained, the court determines that

12 continued recordkeeping under this subpara13 graph would not be useful; and

14 ‘‘(B) notify the court and the interested

15 parties when an offender is 30 days in arrears

16 in meeting those obligations; and

17 ‘‘(3) the offender shall advise the entity des18 ignated by the Director of the Administrative Office

19 of the United States Courts of any change in the of20 fender’s address during the term of the restitution

21 order.

22 ‘‘(i) A restitution order shall constitute a lien against

23 all property of the offender and may be recorded in any

24 Federal or State office for the recording of liens against

25 real or personal property.
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1 ‘‘(j) Compliance with the schedule of payment and

2 other terms of a restitution order shall be a condition of

3 any probation, parole, or other form of release of an of4 fender. If a defendant fails to comply with a restitution

5 order, the court may revoke probation or a term of super6 vised release, modify the term or conditions of probation

7 or a term of supervised release, hold the defendant in con8 tempt of court, enter a restraining order or injunction,

9 order the sale of property of the defendant, accept a per10 formance bond, or take any other action necessary to ob11 tain compliance with the restitution order. In determining

12 what action to take, the court shall consider the defend13 ant’s employment status, earning ability, financial re14 sources, the willfulness in failing to comply with the res15 titution order, and any other circumstances that may have

16 a bearing on the defendant’s ability to comply with the

17 restitution order.

18 ‘‘(k) An order of restitution may be enforced—

19 ‘‘(1) by the United States—

20 ‘‘(A) in the manner provided for the collec21 tion and payment of fines in subchapter B of

22 chapter 229 of this title; or

23 ‘‘(B) in the same manner as a judgment in

24 a civil action; and
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1 ‘‘(2) by a victim named in the order to receive

2 the restitution, in the same manner as a judgment

3 in a civil action.

4 ‘‘(l) A victim or the offender may petition the court

5 at any time to modify a restitution order as appropriate

6 in view of a change in the economic circumstances of the

7 offender.’’.

8 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU9 TION.—Section 3664 of title 18, United States Code, is

10 amended—

11 (1) by striking subsection (a);

12 (2) by redesignating subsections (b), (c), (d),

13 and (e) as subsections (a), (b), (c), and (d), respec14 tively;

15 (3) by amending subsection (a), as redesignated

16 by paragraph (2), to read as follows:

17 ‘‘(a) The court may order the probation service of the

18 court to obtain information pertaining to the amount of

19 loss sustained by any victim as a result of the offense,

20 the financial resources of the defendant, the financial

21 needs and earning ability of the defendant and the defend22 ant’s dependents, and such other factors as the court

23 deems appropriate. The probation service of the court

24 shall include the information collected in the report of
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1 presentence investigation or in a separate report, as the

2 court directs.’’; and

3 (4) by adding at the end the following new sub4 section:

5 ‘‘(e) The court may refer any issue arising in connec6 tion with a proposed order of restitution to a magistrate

7 or special master for proposed findings of fact and rec8 ommendations as to disposition, subject to a de novo de9 termination of the issue by the court.’’.

10 SEC. 602. RIGHT OF VICTIM TO AN IMPARTIAL JURY.

11 Rule 24(b) of the Federal Rules of Criminal Proce12 dure is amended by striking ‘‘the government is entitled

13 to 6 peremptory challenges and the defendant or defend14 ants jointly to 10 peremptory challenges’’ and inserting

15 ‘‘each side is entitled to 6 peremptory challenges’’.

16 SEC. 603. REBUTTAL OF ATTACKS ON THE VICTIM’S CHAR17 ACTER.

18 Rule 404(a)(1) of the Federal Rules of Evidence is

19 amended by inserting before the semicolon the following:

20 ‘‘, or, if an accused offers evidence of a pertinent trait

21 of character of the victim of the crime, evidence of a perti22 nent trait of character of the accused offered by the pros23 ecution.’’.
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1 SEC. 604. RULES OF PROCEDURE AND EVIDENCE; METHOD

2 OF PRESCRIBING.

3 Section 2073 of title 28, United States Code, is

4 amended—

5 (1) in subsection (a)(2), by adding at the end

6 the following: ‘‘On each such committee that makes

7 recommendations concerning rules that affect crimi8 nal cases, including the Federal Rules of Criminal

9 Procedure, the Federal Rules of Evidence, the Fed10 eral Rules of Appellate Procedure, the Rules Govern11 ing Section 2254 Cases, and the Rules Governing

12 Section 2255 Cases, the number of members who

13 represent or supervise the representation of defend14 ants in the trial, direct review, or collateral review

15 of criminal cases shall not exceed the number of

16 members who represent or supervise the representa17 tion of the Government or a State in the trial, direct

18 review, or collateral review of criminal cases.’’; and

19 (2) in subsection (b), by adding at the end the

20 following: ‘‘The number of members of the standing

21 committee who represent or supervise the represen22 tation of defendants in the trial, direct review, or

23 collateral review of criminal cases shall not exceed

24 the number of members who represent or supervise

25 the representation of the Government or a State in
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1 the trial, direct review, or collateral review of crimi2 nal cases.’’.

3 SEC. 605. HIV TESTING OF DEFENDANTS IN SEXUAL AS4 SAULT CASES.

5 (a) IN GENERAL.—Chapter 109A of title 18, United

6 States Code, is amended by adding at the end the follow7 ing new section:

8 ‘‘§ 2249. Testing for human immunodeficiency virus;

9 disclosure of test results to victim; effect

10 on penalty

11 ‘‘(a) TESTING AT TIME OF PRETRIAL RELEASE DE12 TERMINATION.—In a case in which a person is charged

13 with an offense under this chapter, a judicial officer issu14 ing an order pursuant to section 3142(a) shall include in

15 the order a requirement that a test for the human

16 immunodeficiency virus be performed upon the person,

17 and that followup tests for the virus be performed 6

18 months and 12 months following the date of the initial

19 test, unless the judicial officer determines that the conduct

20 of the person created no risk of transmission of the virus

21 to the victim, and so states in the order. The order shall

22 direct that the initial test be performed within 24 hours,

23 or as soon thereafter as feasible after the order is issued.

24 The person shall not be released from custody until the

25 test is performed.
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1 ‘‘(b) TESTING AT LATER TIME.—If a person charged

2 with an offense under this chapter was not tested for the

3 human immunodeficiency virus pursuant to subsection (a),

4 the court may at a later time direct that such a test be

5 performed upon the person, and that followup tests be per6 formed 6 months and 12 months following the date of the

7 initial test, if it appears to the court that the conduct of

8 the person may have risked transmission of the virus to

9 the victim. A testing requirement under this subsection

10 may be imposed at any time while the charge is pending,

11 or following conviction at any time prior to the person’s

12 completion of service of the sentence.

13 ‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A

14 requirement of followup testing imposed under this section

15 shall be canceled if any test is positive for the virus or

16 the person obtains an acquittal on, or dismissal of, all

17 charges under this chapter.

18 ‘‘(d) DISCLOSURE OF TEST RESULTS.—The results

19 of any test for the human immunodeficiency virus per20 formed pursuant to an order under this section shall be

21 provided to the judicial officer or court. The judicial offi22 cer or court shall ensure that the results are disclosed to

23 the victim (or to the victim’s parent or legal guardian, as

24 appropriate), the attorney for the government, and the

25 person tested.
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1 ‘‘(e) EFFECT ON PENALTY.—The United States Sen2 tencing Commission shall amend existing guidelines for

3 sentences for offenses under this chapter to enhance the

4 sentence if the offender knew or had reason to know that

5 the offender was infected with the human

6 immunodeficiency virus, except where the offender did not

7 engage or attempt to engage in conduct creating a risk

8 of transmission of the virus to the victim.’’.

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

10 for chapter 109A of title 18, United States Code, is

11 amended by inserting at the end the following new item:

‘‘2249. Testing for human immunodeficiency virus; disclosure of test results to

victim; effect on penalty.’’.

12 (c) REPEAL OF SUPERSEDED PROVISIONS.—Sub13 section (b) of section 40503 of the Violent Crime Control

14 and Law Enforcement Act of 1994 is repealed.

15 SEC. 606. CLARIFYING AMENDMENT TO EXTRATERRI16 TORIAL CHILD PORNOGRAPHY OFFENSE.

17 Subsections (a) and (b) of section 2258 of title 18,

18 United States Code, are each amended by inserting ‘‘by

19 any means, including by computer or mails,’’ after ‘‘im20 ported’’.
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1 TITLE VII—MILITARY

2 SEC. 701. PROHIBITION ON ACCRUAL OF PAY AND ALLOW3 ANCES BY MEMBERS OF THE ARMED FORCES

4 WHO ARE CONFINED PENDING DISHONOR5 ABLE DISCHARGE.

6 (a) REVISION OF PROHIBITION.—

7 (1) IN GENERAL.—Section 804 of title 37,

8 United States Code, is amended to read as follows:

9 ‘‘§ 804. Prohibition of accrual of pay and allowances

10 during confinement pending dishonor11 able discharge

12 ‘‘(a) PAY AND ALLOWANCES NOT TO ACCRUE.—A

13 member of the Armed Forces sentenced by a court-martial

14 to a dishonorable discharge is not entitled to pay and al15 lowances for any period during which the member is in

16 confinement after the adjournment of the court-martial

17 that adjudged the sentence.

18 ‘‘(b) RESTORATION OF ENTITLEMENT.—If a sen19 tence of a member of the Armed Forces to dishonorable

20 discharge is disapproved, mitigated, changed, or set aside

21 by an official authorized to do so, the prohibition in sub22 section (a) shall cease to apply to the member on the basis

23 of that sentence. In such cases, the member shall be enti24 tled to receive the pay and allowances retroactive to the

25 date of the sentence.’’.
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1 (2) CLERICAL AMENDMENT.—The item relating

2 to section 804 in the table of sections at the begin3 ning of chapter 15 of such title is amended to read

4 as follows:

‘‘804. Prohibition of accrual of pay and allowances during confinement pending

dishonorable discharge.’’.

5 (b) PROSPECTIVE APPLICABILITY.—The amendment

6 made by subsection (a)(1) shall not apply to pay periods

7 beginning before the date of the enactment of this Act.

8 SEC. 702. CRIMINAL OFFENSES COMMITTED OUTSIDE THE

9 UNITED STATES BY PERSONS ACCOM10 PANYING THE ARMED FORCES.

11 (a) IN GENERAL.—Title 18, United States Code, is

12 amended by inserting after chapter 211 the following new

13 chapter:

14 ‘‘CHAPTER 212—CRIMINAL OFFENSES

15 COMMITTED OUTSIDE THE UNITED

16 STATES

‘‘Sec.

‘‘3261. Criminal offenses committed by persons formerly serving with, or presently employed by or accompanying, the armed forces outside

the United States.

‘‘3262. Delivery to authorities of foreign countries.

‘‘3263. Regulations.

‘‘3264. Definitions for chapter.
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1 ‘‘§ 3261. Criminal offenses committed by persons for2 merly serving with, or presently em3 ployed by or accompanying, the Armed

4 Forces outside the United States

5 ‘‘(a) Whoever, while serving with, employed by, or ac6 companying the Armed Forces outside the United States,

7 engages in conduct that would constitute an offense pun8 ishable by imprisonment for more than 1 year if the con9 duct had been engaged in within the special maritime and

10 territorial jurisdiction of the United States, shall be guilty

11 of a like offense and subject to a like punishment.

12 ‘‘(b) Nothing contained in this chapter deprives

13 courts-martial, military commissions, provost courts, or

14 other military tribunals of concurrent jurisdiction with re15 spect to offenders or offenses that by statute or by the

16 law of war may be tried by courts-martial, military com17 missions, provost courts, or other military tribunals.

18 ‘‘(c) No prosecution may be commenced under this

19 section if a foreign government, in accordance with juris20 diction recognized by the United States, has prosecuted

21 or is prosecuting such person for the conduct constituting

22 such offense, except upon the approval of the Attorney

23 General of the United States or the Deputy Attorney Gen24 eral of the United States (or a person acting in either such

25 capacity), which function of approval shall not be dele26 gated.
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1 ‘‘(d)(1) The Secretary of Defense may designate and

2 authorize any person serving in a law enforcement position

3 in the Department of Defense to arrest outside the United

4 States any person described in subsection (a) who there

5 is probable cause to believe engaged in conduct which con6 stitutes a criminal offense under such subsection.

7 ‘‘(2) A person arrested under paragraph (1) shall be

8 released to the custody of civilian law enforcement authori9 ties of the United States for removal to the United States

10 for judicial proceedings in relation to conduct referred to

11 in such paragraph unless—

12 ‘‘(A) such person is delivered to authorities of

13 a foreign country under section 3262; or

14 ‘‘(B) such person has had charges brought

15 against him or her under chapter 47 of title 10 for

16 such conduct.

17 ‘‘§ 3262. Delivery to authorities of foreign countries

18 ‘‘(a) Any person designated and authorized under

19 section 3261(d) may deliver a person described in section

20 3261(a) to the appropriate authorities of a foreign country

21 in which the person is alleged to have engaged in conduct

22 described in subsection (a) if—

23 ‘‘(1) the appropriate authorities of that country

24 request the delivery of the person to such country
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1 for trial for such conduct as an offense under the

2 laws of that country; and

3 ‘‘(2) the delivery of such person to that country

4 is authorized by a treaty or other international

5 agreement to which the United States is a party.

6 ‘‘(b) The Secretary of Defense shall determine which

7 officials of a foreign country constitute appropriate au8 thorities for the purpose of this section.

9 ‘‘§ 3263. Regulations

10 ‘‘The Secretary of Defense shall issue regulations

11 governing the apprehension, detention, and removal of

12 persons under this chapter. Such regulations shall be uni13 form throughout the Department of Defense.

14 ‘‘§ 3264. Definitions for chapter

15 ‘‘As used in this chapter—

16 ‘‘(1) a person is ‘employed by the Armed

17 Forces outside the United States’—

18 ‘‘(A) if the person is employed as a civilian

19 employee of a military department or of the De20 partment of Defense, as a Department of De21 fense contractor, or as an employee of a De22 partment of Defense contractor;

23 ‘‘(B) is present or residing outside the

24 United States in connection with such employ25 ment; and
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1 ‘‘(C) is not a national of the host nation;

2 ‘‘(2) a person is ‘accompanying the Armed

3 Forces outside the United States’ if the person—

4 ‘‘(A) is a dependent of a member of the

5 Armed Forces;

6 ‘‘(B) is a dependent of a civilian employee

7 of a military department or of the Department

8 of Defense; and

9 ‘‘(C) is residing with the member or civil10 ian employee outside the United States.’’.

11 (b) CLERICAL AMENDMENT.—The table of chapters

12 at the beginning of part II of title 18, United States Code,

13 is amended by inserting after the item relating to chapter

14 211 the following:

‘‘212. Criminal Offenses Committed Outside the United

States .......................................................................... 3261’’.

15 TITLE VIII—EXCLUSIONARY

16 RULE

17 SEC. 801. ADMISSIBILITY OF CERTAIN EVIDENCE.

18 (a) IN GENERAL.—Chapter 223 of title 18, United

19 States Code, is amended by adding at the end the follow20 ing new section:

21 ‘‘§ 3510. Admissibility of evidence obtained by search

22 or seizure

23 ‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA24 SONABLE SEARCH OR SEIZURE.—Evidence that is ob-
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1 tained as a result of a search or seizure shall not be ex2 cluded in a proceeding in a court of the United States

3 on the ground that the search or seizure was in violation

4 of the fourth amendment to the Constitution of the United

5 States if the search or seizure was carried out in cir6 cumstances justifying an objectively reasonable belief that

7 it was in conformity with the fourth amendment. The fact

8 that evidence was obtained pursuant to, and within the

9 scope of, a warrant constitutes prima facie evidence of the

10 existence of such circumstances.

11 ‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR

12 RULE.—

13 ‘‘(1) GENERALLY.—Evidence shall not be ex14 cluded in a proceeding in a court of the United

15 States on the ground that it was obtained in viola16 tion of a statute, an administrative rule or regula17 tion, or a rule of procedure unless exclusion is ex18 pressly authorized by statute or by a rule prescribed

19 by the Supreme Court pursuant to statutory author20 ity.

21 ‘‘(2) SPECIAL RULE RELATING TO OBJECTIVELY

22 REASONABLE SEARCHES AND SEIZURES.—Evidence

23 that is otherwise excludable under paragraph (1)

24 shall not be excluded if the search or seizure was

25 carried out in circumstances justifying an objectively
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1 reasonable belief that the search or seizure was in

2 conformity with the statute, administrative rule or

3 regulation, or rule of procedure.

4 ‘‘(c) RULE OF CONSTRUCTION.—This section shall

5 not be construed to require or authorize the exclusion of

6 evidence in any proceeding.’’.

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

8 at the beginning of chapter 223 of title 18, United States

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

‘‘3510. Admissibility of evidence obtained by search or seizure.’’.

10 TITLE IX—HABEAS CORPUS

11 REFORM

12 SEC. 901. FILING DEADLINES.

13 Section 2244 of title 28, United States Code, is

14 amended by adding at the end the following new sub15 section:

16 ‘‘(d)(1) A 1-year period of limitation shall apply to

17 an application for a writ of habeas corpus by a person

18 in custody pursuant to the judgment of a State court. The

19 limitation period shall run from the latest of—

20 ‘‘(A) the date on which the judgment became

21 final by the conclusion of direct review or the expira22 tion of the time for seeking such review;

23 ‘‘(B) the date on which the impediment to filing

24 an application created by State action in violation of

25 the Constitution or laws of the United States is re-
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1 moved, if the applicant was prevented from filing by

2 such State action;

3 ‘‘(C) the date on which the constitutional right

4 asserted was initially recognized by the Supreme

5 Court, if the right has been newly recognized by the

6 Supreme Court and is made retroactively applicable;

7 or

8 ‘‘(D) the date on which the factual predicate of

9 the claim or claims presented could have been dis10 covered through the exercise of due diligence.

11 ‘‘(2) The time during which a properly filed applica12 tion for State post-conviction or other collateral review

13 with respect to the pertinent judgment or claim shall not

14 be counted toward any period of limitation under this sub15 section.’’.

16 SEC. 902. APPEAL.

17 Section 2253 of title 28, United States Code, is

18 amended to read as follows:

19 ‘‘§ 2253. Appeal

20 ‘‘(a) In a habeas corpus proceeding or a proceeding

21 under section 2255 before a district judge, the final order

22 shall be subject to review, on appeal, by the court of ap23 peals for the circuit in which the proceeding is held.

24 ‘‘(b) There shall be no right of appeal from a final

25 order in a proceeding to test the validity of a warrant to
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1 remove to another district or place for commitment or trial

2 a person charged with a criminal offense against the

3 United States, or to test the validity of such person’s de4 tention pending removal proceedings.

5 ‘‘(c)(1) Unless a circuit justice or judge issues a cer6 tificate of appealability, an appeal may not be taken to

7 the court of appeals from—

8 ‘‘(A) the final order in a habeas corpus proceed9 ing in which the detention complained of arises out

10 of process issued by a State court; or

11 ‘‘(B) the final order in a proceeding under sec12 tion 2255.

13 ‘‘(2) A certificate of appealability may issue under

14 paragraph (1) only if the applicant has made a substantial

15 showing of the denial of a constitutional right.

16 ‘‘(3) The certificate of appealability under paragraph

17 (1) shall indicate which specific issue or issues satisfy the

18 showing required by paragraph (2).’’.

19 SEC. 903. AMENDMENT OF FEDERAL RULES OF APPELLATE

20 PROCEDURE.

21 Rule 22 of the Federal Rules of Appellate Procedure

22 is amended to read as follows:

23 ‘‘Rule 22. Habeas corpus and section 2255 pro24 ceedings
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1 ‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.—An

2 application for a writ of habeas corpus shall be made to

3 the appropriate district court. If application is made to

4 a circuit judge, the application shall be transferred to the

5 appropriate district court. If an application is made to or

6 transferred to the district court and denied, renewal of the

7 application before a circuit judge shall not be permitted.

8 The applicant may, pursuant to section 2253 of title 28,

9 United States Code, appeal to the appropriate court of ap10 peals from the order of the district court denying the writ.

11 ‘‘(b) CERTIFICATE OF APPEALABILITY.—In a habeas

12 corpus proceeding in which the detention complained of

13 arises out of process issued by a State court, an appeal

14 by the applicant for the writ may not proceed unless a

15 district or a circuit judge issues a certificate of

16 appealability pursuant to section 2253(c) of title 28,

17 United States Code. If an appeal is taken by the applicant,

18 the district judge who rendered the judgment shall either

19 issue a certificate of appealability or state the reasons why

20 such a certificate should not issue. The certificate or the

21 statement shall be forwarded to the court of appeals with

22 the notice of appeal and the file of the proceedings in the

23 district court. If the district judge has denied the certifi24 cate, the applicant for the writ may then request issuance

25 of the certificate by a circuit judge. If such a request is
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1 addressed to the court of appeals, it shall be deemed ad2 dressed to the judges thereof and shall be considered by

3 a circuit judge or judges as the court deems appropriate.

4 If no express request for a certificate is filed, the notice

5 of appeal shall be deemed to constitute a request ad6 dressed to the judges of the court of appeals. If an appeal

7 is taken by a State or its representative, a certificate of

8 appealability is not required.’’.

9 SEC. 904. SECTION 2254 AMENDMENTS.

10 Section 2254 of title 28, United States Code, is

11 amended—

12 (1) by amending subsection (b) to read as fol13 lows:

14 ‘‘(b)(1) An application for a writ of habeas corpus

15 on behalf of a person in custody pursuant to the judgment

16 of a State court shall not be granted unless it appears

17 that—

18 ‘‘(A) the applicant has exhausted the remedies

19 available in the courts of the State; or

20 ‘‘(B)(i) there is an absence of available State

21 corrective process; or

22 ‘‘(ii) circumstances exist that render such proc23 ess ineffective to protect the rights of the applicant.

24 ‘‘(2) An application for a writ of habeas corpus may

25 be denied on the merits, notwithstanding the failure of the
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1 applicant to exhaust the remedies available in the courts

2 of the State.

3 ‘‘(3) A State shall not be deemed to have waived the

4 exhaustion requirement or be estopped from reliance upon

5 the requirement unless the State, through counsel, ex6 pressly waives the requirement.’’;

7 (2) by redesignating subsections (d), (e), and

8 (f) as subsections (e), (f), and (g), respectively;

9 (3) by inserting after subsection (c) the follow10 ing new subsection:

11 ‘‘(d) An application for a writ of habeas corpus on

12 behalf of a person in custody pursuant to the judgment

13 of a State court shall not be granted with respect to any

14 claim that was adjudicated on the merits in State court

15 proceedings unless the adjudication of the claim—

16 ‘‘(1) resulted in a decision that was contrary to,

17 or involved an unreasonable application of, clearly

18 established Federal law, as determined by the Su19 preme Court of the United States; or

20 ‘‘(2) resulted in a decision that was based on an

21 unreasonable determination of the facts in light of

22 the evidence presented in the State court proceed23 ing.’’;

24 (4) by amending subsection (e), as redesignated

25 by paragraph (2), to read as follows:
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1 ‘‘(e)(1) In a proceeding instituted by an application

2 for a writ of habeas corpus by a person in custody pursu3 ant to the judgment of a State court, a determination of

4 a factual issue made by a State court shall be presumed

5 to be correct. The applicant shall have the burden of re6 butting the presumption of correctness by clear and con7 vincing evidence.

8 ‘‘(2) If the applicant has failed to develop the factual

9 basis of a claim in State court proceedings, the court shall

10 not hold an evidentiary hearing on the claim unless the

11 applicant shows that—

12 ‘‘(A) the claim relies on—

13 ‘‘(i) a new rule of constitutional law, made

14 retroactive by the Supreme Court, that was pre15 viously unavailable; or

16 ‘‘(ii) a factual predicate that could not

17 have been previously discovered through the ex18 ercise of due diligence; and

19 ‘‘(B) the facts underlying the claim would be

20 sufficient to establish by clear and convincing evi21 dence that but for constitutional error, no reasonable

22 factfinder would have found the applicant guilty of

23 the underlying offense.’’; and

24 (5) by adding at the end the following new sub25 sections:
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1 ‘‘(h) Notwithstanding any other provision of law, in

2 all proceedings brought under this section, and any subse3 quent proceedings on review, appointment of counsel for

4 an applicant who is or becomes financially unable to afford

5 counsel shall be in the discretion of the court, except as

6 provided by a rule promulgated by the Supreme Court

7 pursuant to statutory authority. Appointment of counsel

8 under this section shall be governed by section 3006A of

9 title 18.

10 ‘‘(i) The ineffectiveness or incompetence of counsel

11 during Federal or State collateral post-conviction proceed12 ings shall not be a ground for relief in a proceeding arising

13 under section 2254.’’.

14 SEC. 905. SECTION 2255 AMENDMENTS.

15 Section 2255 of title 28, United States Code, is

16 amended—

17 (1) by striking the second and fifth paragraphs;

18 and

19 (2) by adding at the end the following new

20 paragraphs:

21 ‘‘A one-year period of limitation shall apply to a mo22 tion under this section. The limitation period shall run

23 from the latest of—

24 ‘‘(1) the date on which the judgment of convic25 tion becomes final;
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1 ‘‘(2) the date on which the impediment to mak2 ing a motion created by governmental action in vio3 lation of the Constitution or laws of the United

4 States is removed, if the movant was prevented from

5 making a motion by such governmental action;

6 ‘‘(3) the date on which the right asserted was

7 initially recognized by the Supreme Court, if that

8 right has been newly recognized by the Supreme

9 Court and is made retroactively applicable; or

10 ‘‘(4) the date on which the facts supporting the

11 claim or claims presented could have been discovered

12 through the exercise of due diligence.

13 ‘‘In all proceedings brought under this section, and

14 any subsequent proceedings on review, appointment of

15 counsel for a movant who is or becomes financially unable

16 to afford counsel shall be in the discretion of the court,

17 except as provided by a rule promulgated by the Supreme

18 Court pursuant to statutory authority. Appointment of

19 counsel under this section shall be governed by section

20 3006A of title 18.

21 ‘‘A second or successive motion must be certified as

22 provided in section 2244 by a panel of the appropriate

23 court of appeals to contain—

24 ‘‘(1) newly discovered evidence that, if proven

25 and viewed in light of the evidence as a whole, would
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1 be sufficient to establish by clear and convincing evi2 dence that no reasonable factfinder would have

3 found the movant guilty of the offense; or

4 ‘‘(2) a new rule of constitutional law, made ret5 roactive by the Supreme Court, that was previously

6 unavailable.’’.

7 SEC. 906. LIMITS ON SECOND OR SUCCESSIVE APPLICA8 TIONS.

9 (a) CONFORMING AMENDMENT TO SECTION

10 2244(a).—Section 2244(a) of title 28, United States

11 Code, is amended by striking ‘‘and the petition’’ and all

12 that follows through ‘‘by such inquiry.’’ and inserting ‘‘,

13 except as provided in section 2255.’’.

14 (b) LIMITS ON SECOND OR SUCCESSIVE APPLICA15 TIONS.—Section 2244(b) of title 28, United States Code,

16 is amended to read as follows:

17 ‘‘(b)(1) A claim presented in a second or successive

18 habeas corpus application under section 2254 that was

19 presented in a prior application shall be dismissed.

20 ‘‘(2) A claim presented in a second or successive ha21 beas corpus application under section 2254 that was not

22 presented in a prior application shall be dismissed un23 less—

24 ‘‘(A) the applicant shows that the claim relies

25 on a new rule of constitutional law, made retroactive
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1 by the Supreme Court, that was previously unavail2 able; or

3 ‘‘(B)(i) the factual predicate for the claim could

4 not have been discovered previously through the ex5 ercise of due diligence; and

6 ‘‘(ii) the facts underlying the claim, if proven

7 and viewed in light of the evidence as a whole, would

8 be sufficient to establish by clear and convincing evi9 dence that, but for constitutional error, no reason10 able factfinder would have found the applicant guilty

11 of the underlying offense.

12 ‘‘(3)(A) Before a second or successive application per13 mitted by this section is filed in the district court, the ap14 plicant shall move in the appropriate court of appeals for

15 an order authorizing the district court to consider the ap16 plication.

17 ‘‘(B) A motion in the court of appeals for an order

18 authorizing the district court to consider a second or suc19 cessive application shall be determined by a three-judge

20 panel of the court of appeals.

21 ‘‘(C) The court of appeals may authorize the filing

22 of a second or successive application only if it determines

23 that the application makes a prima facie showing that the

24 application satisfies the requirements of this subsection.
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1 ‘‘(D) The court of appeals shall grant or deny the

2 authorization to file a second or successive application not

3 later than 30 days after the filing of the motion.

4 ‘‘(E) The grant or denial of an authorization by a

5 court of appeals to file a second or success application

6 shall not be appealable and shall not be the subject of a

7 petition for rehearing or for a writ of certiorari.

8 ‘‘(4) A district court shall dismiss any claim pre9 sented in a second or successive application that the court

10 of appeals has authorized to be filed unless the applicant

11 shows that the claim satisfies the requirements of this sec12 tion.’’.

13 SEC. 907. DEATH PENALTY LITIGATION PROCEDURES.

14 (a) ADDITION OF CHAPTER TO TITLE 28, UNITED

15 STATES CODE.—Title 28, United States Code, is amended

16 by inserting after chapter 153 the following new chapter:

17 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

18 PROCEDURES IN CAPITAL CASES

‘‘Sec.

‘‘2261. Prisoners in State custody subject to capital sentence; appointment of

counsel; requirement of rule of court or statute; procedures for

appointment.

‘‘2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2263. Filing of habeas corpus application; time requirements; tolling rules.

‘‘2264. Scope of Federal review; district court adjudications.

‘‘2265. Application to State unitary review procedure.

‘‘2266. Limitation periods for determining applications and motions.
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1 ‘‘§ 2261. Prisoners in State custody subject to capital

2 sentence; appointment of counsel; re3 quirement of rule of court or statute; pro4 cedures for appointment

5 ‘‘(a) This chapter shall apply to cases arising under

6 section 2254 brought by prisoners in State custody who

7 are subject to a capital sentence. It shall apply only if the

8 provisions of subsections (b) and (c) are satisfied.

9 ‘‘(b) This chapter is applicable if a State establishes

10 by statute, rule of its court of last resort, or by another

11 agency authorized by State law, a mechanism for the ap12 pointment, compensation, and payment of reasonable liti13 gation expenses of competent counsel in State post-convic14 tion proceedings brought by indigent prisoners whose cap15 ital convictions and sentences have been upheld on direct

16 appeal to the court of last resort in the State or have oth17 erwise become final for State law purposes. The rule of

18 court or statute must provide standards of competency for

19 the appointment of such counsel.

20 ‘‘(c) Any mechanism for the appointment, compensa21 tion, and reimbursement of counsel as provided in sub22 section (b) must offer counsel to all State prisoners under

23 capital sentence and must provide for the entry of an

24 order by a court of record—

25 ‘‘(1) appointing one or more counsel to rep26 resent the prisoner upon a finding that the prisoner
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1 is indigent and accepted the offer or is unable com2 petently to decide whether to accept or reject the

3 offer;

4 ‘‘(2) finding, after a hearing if necessary, that

5 the prisoner rejected the offer of counsel and made

6 the decision with an understanding of its legal con7 sequences; or

8 ‘‘(3) denying the appointment of counsel upon

9 a finding that the prisoner is not indigent.

10 ‘‘(d) No counsel appointed pursuant to subsections

11 (b) and (c) to represent a State prisoner under capital

12 sentence shall have previously represented the prisoner at

13 trial or on direct appeal in the case for which the appoint14 ment is made unless the prisoner and counsel expressly

15 request continued representation.

16 ‘‘(e) The ineffectiveness or incompetence of counsel

17 during State or Federal post-conviction proceedings in a

18 capital case shall not be a ground for relief in a proceeding

19 arising under section 2254. This limitation shall not pre20 clude the appointment of different counsel, on the court’s

21 own motion or at the request of the prisoner, at any phase

22 of State or Federal post-conviction proceedings on the

23 basis of the ineffectiveness or incompetence of counsel in

24 such proceedings.
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1 ‘‘§ 2262. Mandatory stay of execution; duration; limits

2 on stays of execution; successive peti3 tions

4 ‘‘(a) Upon the entry in the appropriate State court

5 of record of an order under section 2261(c), a warrant

6 or order setting an execution date for a State prisoner

7 shall be stayed upon application to any court that would

8 have jurisdiction over any proceedings filed under section

9 2254. The application shall recite that the State has in10 voked the post-conviction review procedures of this chapter

11 and that the scheduled execution is subject to stay.

12 ‘‘(b) A stay of execution granted pursuant to sub13 section (a) shall expire if—

14 ‘‘(1) a State prisoner fails to file a habeas cor15 pus application under section 2254 within the time

16 required in section 2263;

17 ‘‘(2) before a court of competent jurisdiction, in

18 the presence of counsel, unless the prisoner has com19 petently and knowingly waived such counsel, and

20 after having been advised of the consequences, a

21 State prisoner under capital sentence waives the

22 right to pursue habeas corpus review under section

23 2254; or

24 ‘‘(3) a State prisoner files a habeas corpus peti25 tion under section 2254 within the time required by

26 section 2263 and fails to make a substantial showing
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1 of the denial of a Federal right or is denied relief

2 in the district court or at any subsequent stage of

3 review.

4 ‘‘(c) If one of the conditions in subsection (b) has

5 occurred, no Federal court thereafter shall have the au6 thority to enter a stay of execution in the case, unless the

7 court of appeals approves the filing of a second or succes8 sive application under section 2244(b).

9 ‘‘§ 2263. Filing of habeas corpus application; time re10 quirements; tolling rules

11 ‘‘(a) Any application under this chapter for habeas

12 corpus relief under section 2254 must be filed in the ap13 propriate district court not later than 180 days after final

14 State court affirmance of the conviction and sentence on

15 direct review or the expiration of the time for seeking such

16 review.

17 ‘‘(b) The time requirements established by subsection

18 (a) shall be tolled—

19 ‘‘(1) from the date that a petition for certiorari

20 is filed in the Supreme Court until the date of final

21 disposition of the petition if a State prisoner files

22 the petition to secure review by the Supreme Court

23 of the affirmance of a capital sentence on direct re24 view by the court of last resort of the State or other

25 final State court decision on direct review;
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1 ‘‘(2) from the date on which the first petition

2 for post-conviction review or other collateral relief is

3 filed until the final State court disposition of such

4 petition; and

5 ‘‘(3) during an additional period not to exceed

6 30 days, if—

7 ‘‘(A) a motion for an extension of time is

8 filed in the Federal district court that would

9 have jurisdiction over the case upon the filing

10 of a habeas corpus application under section

11 2254; and

12 ‘‘(B) a showing of good cause is made for

13 the failure to file the habeas corpus application

14 within the time period established by this sec15 tion.

16 ‘‘§ 2264. Scope of Federal review; district court adju17 dications

18 ‘‘(a) Whenever a State prisoner under capital sen19 tence files a petition for habeas corpus relief to which this

20 chapter applies, the district court shall only consider a

21 claim or claims that have been raised and decided on the

22 merits in the State courts, unless the failure to raise the

23 claim properly is—

24 ‘‘(1) the result of State action in violation of

25 the Constitution or laws of the United States;
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1 ‘‘(2) the result of the Supreme Court recogni2 tion of a new Federal right that is made retro3 actively applicable; or

4 ‘‘(3) based on a factual predicate that could not

5 have been discovered through the exercise of due

6 diligence in time to present the claim for State or

7 Federal post-conviction review.

8 ‘‘(b) Following review subject to subsections (a), (d),

9 and (e) of section 2254, the court shall rule on the claims

10 properly before it.

11 ‘‘§ 2265. Application to State unitary review proce12 dure

13 ‘‘(a) For purposes of this section, a ‘unitary review’

14 procedure means a State procedure that authorizes a per15 son under sentence of death to raise, in the course of di16 rect review of the judgment, such claims as could be raised

17 on collateral attack. This chapter shall apply, as provided

18 in this section, in relation to a State unitary review proce19 dure if the State establishes by rule of its court of last

20 resort or by statute a mechanism for the appointment,

21 compensation, and payment of reasonable litigation ex22 penses of competent counsel in the unitary review proceed23 ings, including expenses relating to the litigation of collat24 eral claims in the proceedings. The rule of court or statute
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1 must provide standards of competency for the appoint2 ment of such counsel.

3 ‘‘(b) To qualify under this section, a unitary review

4 procedure must include an offer of counsel following trial

5 for the purpose of representation on unitary review, and

6 entry of an order, as provided in section 2261(c), concern7 ing appointment of counsel or waiver or denial of appoint8 ment of counsel for that purpose. No counsel appointed

9 to represent the prisoner in the unitary review proceedings

10 shall have previously represented the prisoner at trial in

11 the case for which the appointment is made unless the

12 prisoner and counsel expressly request continued represen13 tation.

14 ‘‘(c) Sections 2262, 2263, 2264, and 2266 shall apply

15 in relation to cases involving a sentence of death from any

16 State having a unitary review procedure that qualifies

17 under this section. References to State ‘post-conviction re18 view’ and ‘direct review’ in such sections shall be under19 stood as referring to unitary review under the State proce20 dure. The reference in section 2262(a) to ‘an order under

21 section 2261(c)’ shall be understood as referring to the

22 post-trial order under subsection (b) concerning represen23 tation in the unitary review proceedings, but if a tran24 script of the trial proceedings is unavailable at the time

25 of the filing of such an order in the appropriate State
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1 court, then the start of the 180-day limitation period

2 under section 2263 shall be deferred until a transcript is

3 made available to the prisoner or counsel of the prisoner.

4 ‘‘§ 2266. Limitation periods for determining applica5 tions and motions

6 ‘‘(a) The adjudication of any application under sec7 tion 2254 that is subject to this chapter, and the adjudica8 tion of any motion under section 2255 by a person under

9 sentence of death, shall be given priority by the district

10 court and by the court of appeals over all noncapital mat11 ters.

12 ‘‘(b)(1)(A) A district court shall render a final deter13 mination and enter a final judgment on any application

14 for a writ of habeas corpus brought under this chapter

15 in a capital case not later than 180 days after the date

16 on which the application is filed.

17 ‘‘(B) A district court shall afford the parties at least

18 120 days in which to complete all actions, including the

19 preparation of all pleadings and briefs, and if necessary,

20 a hearing, prior to the submission of the case for decision.

21 ‘‘(C)(i) A district court may delay for not more than

22 one additional 30-day period beyond the period specified

23 in subparagraph (A), the rendering of a determination of

24 an application for a writ of habeas corpus if the court is25 sues a written order making a finding, and stating the
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1 reasons for the finding, that the ends of justice that would

2 be served by allowing the delay outweigh the best interests

3 of the public and the applicant in a speedy disposition of

4 the application.

5 ‘‘(ii) The factors, among others, that a court shall

6 consider in determining whether a delay in the disposition

7 of an application is warranted are as follows:

8 ‘‘(I) Whether the failure to allow the delay

9 would be likely to result in a miscarriage of justice.

10 ‘‘(II) Whether the case is so unusual or so com11 plex, due to the number of defendants, the nature of

12 the prosecution, or the existence of novel questions

13 of fact or law, that it is unreasonable to expect ade14 quate briefing within the time limitations established

15 by subparagraph (A).

16 ‘‘(III) Whether the failure to allow a delay in

17 a case, that, taken as a whole, is not so unusual or

18 so complex as described in subclause (II), but would

19 otherwise deny the applicant reasonable time to ob20 tain counsel, would unreasonably deny the applicant

21 or the government continuity of counsel, or would

22 deny counsel for the applicant or the government the

23 reasonable time necessary for effective preparation,

24 taking into account the exercise of due diligence.
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1 ‘‘(iii) No delay in disposition shall be permissible be2 cause of general congestion of the court’s calendar.

3 ‘‘(iv) The court shall transmit a copy of any order

4 issued under clause (i) to the Director of the Administra5 tive Office of the United States Courts for inclusion in

6 the report under paragraph (5).

7 ‘‘(2) The time limitations under paragraph (1) shall

8 apply to—

9 ‘‘(A) an initial application for a writ of habeas

10 corpus;

11 ‘‘(B) any second or successive application for a

12 writ of habeas corpus; and

13 ‘‘(C) any redetermination of an application for

14 a writ of habeas corpus following a remand by the

15 court of appeals or the Supreme Court for further

16 proceedings, in which case the limitation period shall

17 run from the date the remand is ordered.

18 ‘‘(3)(A) The time limitations under this section shall

19 not be construed to entitle an applicant to a stay of execu20 tion, to which the applicant would otherwise not be enti21 tled, for the purpose of litigating any application or ap22 peal.

23 ‘‘(B) No amendment to an application for a writ of

24 habeas corpus under this chapter shall be permitted after
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1 the filing of the answer to the application, except on the

2 grounds specified in section 2244(b).

3 ‘‘(4)(A) The failure of a court to meet or comply with

4 a time limitation under this section shall not be a ground

5 for granting relief from a judgment of conviction or sen6 tence.

7 ‘‘(B) The State may enforce a time limitation under

8 this section by petitioning for a writ of mandamus to the

9 court of appeals. The court of appeals shall act on the

10 petition for a writ or mandamus not later than 30 days

11 after the filing of the petition.

12 ‘‘(5)(A) The Administrative Office of United States

13 Courts shall submit to Congress an annual report on the

14 compliance by the district courts with the time limitations

15 under this section.

16 ‘‘(B) The report described in subparagraph (A) shall

17 include copies of the orders submitted by the district

18 courts under paragraph (1)(B)(iv).

19 ‘‘(c)(1)(A) A court of appeals shall hear and render

20 a final determination of any appeal of an order granting

21 or denying, in whole or in part, an application brought

22 under this chapter in a capital case not later than 120

23 days after the date on which the reply brief is filed, or

24 if no reply brief is filed, not later than 120 days after

25 the date on which the answering brief is filed.
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1 ‘‘(B)(i) A court of appeals shall decide whether to

2 grant a petition for rehearing or other request for rehear3 ing en banc not later than 30 days after the date on which

4 the petition for rehearing is filed unless a responsive

5 pleading is required, in which case the court shall decide

6 whether to grant the petition not later than 30 days after

7 the date on which the responsive pleading is filed.

8 ‘‘(ii) If a petition for rehearing or rehearing en banc

9 is granted, the court of appeals shall hear and render a

10 final determination of the appeal not later than 120 days

11 after the date on which the order granting rehearing or

12 rehearing en banc is entered.

13 ‘‘(2) The time limitations under paragraph (1) shall

14 apply to—

15 ‘‘(A) an initial application for a writ of habeas

16 corpus;

17 ‘‘(B) any second or successive application for a

18 writ of habeas corpus; and

19 ‘‘(C) any redetermination of an application for

20 a writ of habeas corpus or related appeal following

21 a remand by the court of appeals en banc or the Su22 preme Court for further proceedings, in which case

23 the limitation period shall run from the date the re24 mand is ordered.
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1 ‘‘(3) The time limitations under this section shall not

2 be construed to entitle an applicant to a stay of execution,

3 to which the applicant would otherwise not be entitled, for

4 the purpose of litigating any application or appeal.

5 ‘‘(4)(A) The failure of a court to meet or comply with

6 a time limitation under this section shall not be a ground

7 for granting relief from a judgment of conviction or sen8 tence.

9 ‘‘(B) The State may enforce a time limitation under

10 this section by applying for a writ of mandamus to the

11 Supreme Court.

12 ‘‘(5) The Administrative Office of United States

13 Courts shall submit to Congress an annual report on the

14 compliance by the courts of appeals with the time limita15 tions under this section.’’.

16 (b) TECHNICAL AMENDMENT.—The part analysis for

17 part IV of title 28, United States Code, is amended by

18 adding after the item relating to chapter 153 the following

19 new item:

‘‘154. Special habeas corpus procedures in capital

cases ............................................................................ 2261.’’.

20 SEC. 908. TECHNICAL AMENDMENT.

21 Section 408(q) of the Controlled Substances Act (21

22 U.S.C. 848(q)) is amended—

23 (1) in paragraph (4)(A), by striking ‘‘shall’’ and

24 inserting ‘‘may’’;
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1 (2) in paragraph (4)(B), by striking ‘‘shall’’

2 and inserting ‘‘may’’; and

3 (3) by amending paragraph (9) to read as fol4 lows:

5 ‘‘(9) Upon a finding that investigative, expert, or

6 other services are reasonably necessary for the representa7 tion of the defendant, whether in connection with issues

8 relating to guilt or the sentence, the court may authorize

9 the defendant’s attorneys to obtain such services on behalf

10 of the defendant and, if so authorized, shall order the pay11 ment of fees and expenses therefor under paragraph (10).

12 No ex parte proceeding, communication, or request may

13 be considered pursuant to this section unless a proper

14 showing is made concerning the need for confidentiality.

15 Any such proceeding, communication, or request shall be

16 transcribed and made a part of the record available for

17 appellate review.’’.

18 SEC. 909. SEVERABILITY.

19 If any provision of this title, an amendment made by

20 this title, or the application of such provision or amend21 ment to any person or circumstance is held to be unconsti22 tutional, the remainder of this title, the amendments made

23 by this title, and the application of the provisions of such
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1 to any person or circumstance shall not be affected there2 by.

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