‘‘Sec. 2001. Grant authorization.
‘‘Sec. 2002. Use of funds.
‘‘Sec. 2003. Applications.
‘‘Sec. 2004. Allocation of funds; limitations on grants.
‘‘Sec. 2005. Award of grants.
‘‘Sec. 2006. Reports.
‘‘Sec. 2007. Definitions.
‘‘PART U—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793), is amended
by adding after paragraph (13) the following:
‘‘(14) There are authorized to be appropriated
$100,000,000 for each of the fiscal years 1993, 1994, and
1995 to carry out the projects under part T.’’.
Subtitle B—Midnight Sports
SEC. 
311. 
GRANTS 
FOR 
MIDNIGHT 
SPORTS 
LEAGUE
ANTICRIME PROGRAMS.
(a) AUTHORITY.—The Attorney General of the
United States, in consultation with the Secretary of Hous-
ing and Urban Development, shall make grants, to the ex-
tent that amounts are approved in appropriations Acts
under subsection (m) to—
(1) eligible entities to assist such entities in car-
rying out midnight sports league programs meeting
the requirements of subsection (d); and
(2) eligible advisory entities to provide technical
assistance to eligible entities in establishing and op-
erating such midnight sports league programs.
(b) ELIGIBLE ENTITIES.—
(1) IN GENERAL.—Subject to paragraph (2),
grants under subsection (a)(1) may be made only to
the following eligible entities:
(A) Entities eligible under section 520(b)
of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 11903a(b)) for a grant
under section 520(a) of such Act.
(B) 
Nonprofit 
organizations 
providing
crime prevention, employment counseling, job
training, or other educational services.
(C) Nonprofit organizations providing fed-
erally-assisted low-income housing.
(2) PROHIBITION
ON
SECOND
GRANTS.—A
grant under subsection (a)(1) may not be made to
an eligible entity if the entity previously received a
grant under such subsection, except that the Attor-
ney General may exempt an eligible advisory entity
from the prohibition under this paragraph in ex-
traordinary circumstances.
(c) USE OF GRANT AMOUNTS.—Any eligible entity
that receives a grant under subsection (a)(1) may use the
grant only—
(1) to establish or carry out a midnight sports
league program under subsection (d);
(2) for salaries for administrators and staff of
the program;
(3) for other administrative costs of the pro-
gram, except that not more than 5 percent of the
grant may be used for such administrative costs;
and
(4) for costs of training and assistance provided
under subsection (d)(9).
(d) PROGRAM REQUIREMENTS.—Each eligible entity
receiving a grant under subsection (a)(1) shall establish
a midnight sports league program as follows:
(1) The program shall establish a sports league
of not less than 8 teams having 10 players each.
(2) Not less than 50 percent of the players in
the sports league shall be residents of federally as-
sisted low-income housing.
(3) The program shall be designed to serve pri-
marily youths and young adults from a neighborhood
or community whose population has not less than 2
of the following characteristics (in comparison with
national averages):
(A) A substantial problem regarding use or
sale of illegal drugs.
(B) A high incidence of crimes committed
by youths or young adults.
(C) A high incidence of persons infected
with the human immunodeficiency virus or sex-
ually transmitted diseases.
(D) A high incidence of pregnancy, or a
high birth rate, among adolescents.
(E) A high unemployment rate for youths
and young adults.
(F) A high rate of high school drop-outs.
(4) The program shall require each player in
the league to attend employment counseling, job
training, and other educational classes provided
under the program, which shall be held immediately
following the conclusion of league sports games at or
near the site of the games.
(5) The program shall serve only youths and
young adults who demonstrate a need for such coun-
seling, training, and education provided by the pro-
gram, in accordance with criteria for demonstrating
need, which shall be established by the Attorney
General in consultation with the Secretary of Hous-
ing and Urban Development and the Secretary of
Labor, and with the Advisory Committee.
(6) Sports games of the league shall be held be-
tween the hours of 10:00 p.m. and 2:00 a.m. at a
location in the neighborhood or community served by
the program.
(7) The program shall obtain sponsors for each
team in the sports league. Sponsors shall be private
individuals or businesses in the neighborhood or
community served by the program who make finan-
cial contributions to the program and participate in
or supplement the employment, job training, and
educational services provided to the players under
the program with additional training or educational
opportunities.
(8) The program shall comply with any criteria
established by the Attorney General in consultation
with the Secretary of Housing and Urban Develop-
ment and with the Advisory Committee.
(9) Administrators or organizers of the pro-
gram shall receive training and technical assistance
provided by eligible advisory entities receiving grants
under subsection (h).
(e) GRANT AMOUNT LIMITATIONS.—
(1) PRIVATE
CONTRIBUTIONS.—The Attorney
General, in consultation with the Secretary of Hous-
ing and Urban Development, may not make a grant
under subsection (a)(1) to an eligible entity that ap-
plies for a grant under subsection (f) unless the ap-
plicant entity certifies to the Attorney General and
the Secretary that the entity will supplement the
grant amounts with amounts of funds from non-
Federal sources, as follows:
(A) In each of the first 2 years that
amounts from the grant are disbursed (under
paragraph (5)), an amount sufficient to provide
not less than 35 percent of the cost of carrying
out the midnight sports league program.
(B) In each of the last 3 years that
amounts from the grant are disbursed, an
amount sufficient to provide not less than 50
percent of the cost of carrying out the midnight
sports league program.
(2) NON-FEDERAL
FUNDS.—For purposes of
this subsection, the term ‘‘funds from non-Federal
sources’’ includes amounts from nonprofit organiza-
tions, public housing agencies, States, units of gen-
eral local government, and Indian housing authori-
ties, private contributions, any salary paid to staff
(other than from grant amounts under subsection
(a)(1)) to carry out the program of the eligible en-
tity, in-kind contributions to carry out the program
(as determined by the Attorney General, in consulta-
tion with the Secretary of Housing and Urban De-
velopment and with the Advisory Committee), the
value of any donated material, equipment, or build-
ing, the value of any lease on a building, the value
of any utilities provided, and the value of any time
and services contributed by volunteers to carry out
the program of the eligible entity.
(3) 
PROHIBITION
ON
SUBSTITUTION
OF
FUNDS.—Grants made under subsection (a)(1), and
amounts provided by States and units of general
local government to supplement the grants, may not
be used to replace other public funds previously
used, or designated for use, under this section.
(4) 
MAXIMUM
AND
MINIMUM
GRANT
AMOUNTS.—The Attorney General, in consultation
with the Secretary of Housing and Urban Develop-
ment, may not make a grant under subsection (a)(1)
to any single eligible entity in an amount less than
$50,000 or exceeding $125,000.
(5) DISBURSEMENT.— Each grant made under
subsection (a)(1) shall be disbursed to the eligible
entity receiving the grant over the 5-year period be-
ginning on the date that the entity is selected to re-
ceive the grant, as follows:
(A) In each of the first 2 years of such 5-
year period, 23 percent of the total grant
amount shall be disbursed to the entity.
(B) In each of the last 3 years of such 5-
year period, 18 percent of the total grant
amount shall be disbursed to the entity.
(f) APPLICATIONS.—To be eligible to receive a grant
under subsection (a)(1), an eligible entity shall submit to
the Attorney General an application in the form and man-
ner required by the Attorney General (after consultation
with the Secretary of Housing and Urban Development
and with the Advisory Committee), which shall include—
(1) a description of the midnight sports league
program to be carried out by the entity, including a
description of the employment counseling, job train-
ing, and other educational services to be provided;
(2) letters of agreement from service providers
to provide training and counseling services required
under subsection (d) and a description of such serv-
ice providers;
(3) letters of agreement providing for facilities
for sports games and counseling, training, and edu-
cational services required under subsection (d) and
a description of the facilities;
(4) a list of persons and businesses from the
community served by the program who have ex-
pressed interest in sponsoring, or have made com-
mitments to sponsor, a team in the midnight sports
league; and
(5) evidence that the neighborhood or commu-
nity served by the program meets the requirements
of subsection (d)(3).
(g) SELECTION.—The Attorney General, in consulta-
tion with the Secretary of Housing and Urban Develop-
ment and with the Advisory Committee, shall select eligi-
ble entities that submit applications under subsection (f)
to receive grants under subsection (a)(1). The Attorney
General, in consultation with the Secretary of Housing
and Urban Development and with the Advisory Commit-
tee, shall establish criteria for selection of applicants to
receive such grants. The criteria shall include a preference
for selection of eligible entities carrying out midnight
sports league programs in suburban and rural areas.
(h) TECHNICAL ASSISTANCE GRANTS.—Technical as-
sistance under subsection (a)(2) shall be made as follows:
(1) ELIGIBLE ADVISORY ENTITIES.—Technical
assistance grants may be made only to entities
that—
(A) are experienced and have expertise in
establishing, operating, or administering suc-
cessful and effective programs for—
(i) midnight sports; and
(ii) employment, job training, and
educational services;
similar to the programs under subsection (d);
and
(B) have provided technical assistance to
other entities regarding establishment and oper-
ation of such programs.
(2) Use.—Amounts received under technical as-
sistance grants shall be used to establish centers for
providing technical assistance to entities receiving
grants under subsection (a)(1) of this section and
section 520(a) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 11903a(a)) re-
garding establishment, operation, and administration
of effective and successful midnight sports league
programs under this subsection.
(3) NUMBER AND AMOUNT.—To the extent that
amounts are provided in appropriations Acts pursu-
ant to subsection (m)(2) in each year, the Attorney
General, in consultation with the Secretary of Hous-
ing and Urban Development, shall make technical
assistance grants under subsection (a)(2). In each
fiscal year that such amounts are available the At-
torney General, in consultation with the Secretary of
Housing and Urban Development, shall make 2 such
grants, as follows:
(A) One grant shall be made to an eligible
advisory entity for development of midnight
sports league programs in public housing
projects.
(B) One grant shall be made to an eligible
advisory entity for development of midnight
sports league programs in suburban or rural
areas.
Each grant shall be in an amount not exceeding
$50,000.
(i) ADVISORY COMMITTEE.—The Attorney General,
in consultation with the Secretary of Housing and Urban
Development, shall appoint an Advisory Committee to as-
sist in providing grants under this subsection. The Advi-
sory Committee shall be composed of not more than 7
members, as follows:
(1) Not fewer than 2 individuals who are in-
volved in managing or administering midnight sports
programs that the Attorney General determines have
been successful and effective. Such individuals may
not be involved in a program assisted under this
subsection or a member or employee of an eligible
advisory entity that receives a technical assistance
grant under subsection (a)(2).
(2) A representative of the Office for Substance
Abuse Prevention of the Public Health Service, De-
partment of Health and Human Services, who is in-
volved in administering the grant program for pre-
vention, treatment, and rehabilitation model projects
for high risk youth under section 517 of the Public
Health Service Act (42 U.S.C. 290bb-23), who shall
be selected by the Secretary of Health and Human
Services.
(3) A representative of the Department of Edu-
cation, who shall be selected by the Secretary of
Education.
(4) A representative of the Department of
Health and Human Services, who shall be selected
by the Secretary of Health and Human Services
from among officers and employees of the Depart-
ment involved in issues relating to high-risk youth.
(5) A representative of the Department of
Labor, who shall be selected by the Secretary of
Labor.
(j) REPORTS.—The Attorney General, in consultation
with the Secretary of Housing and Urban Development,
shall require each eligible entity receiving a grant under
subsection (a)(1) and each eligible advisory entity receiv-
ing a grant under subsection (a)(2) to submit for each
year in which grant amounts are received by the entity,
a report describing the activities carried out with such
amounts.
(k) STUDY.—To the extent amounts are provided
under appropriation Acts pursuant to subsection (m)(3),
the Attorney General, in consultation with the Secretary
of Housing and Urban Development, shall make a grant
to one entity qualified to carry out a study under this sub-
section. The entity shall use such grant to carry out a
scientific study of the effectiveness of midnight sports
league programs under subsection (d) of eligible entities
receiving grants under subsection (a)(1). The Attorney
General, in consultation with the Secretary of Housing
and Urban Development, shall require such entity to sub-
mit a report describing the study and any conclusions and
recommendations resulting from the study to the Congress
and the Attorney General and the Secretary not later than
the expiration of the 2-year period beginning on the date
that the grant under this subsection is made.
(l) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Advisory Committee’’ means the
Advisory Committee established under subsection (i);
(2) the term ‘‘eligible advisory entity’’ means an
entity meeting the requirements under subsection
(h)(1);
(3) the term ‘‘eligible entity’’ means an entity
described under subsection (b)(1); and
(4) the term ‘‘federally assisted low-income
housing’’ has the meaning given the term in section
5126 of the Public and Assisted Housing Drug
Elimination Act of 1990.
(m) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated—
(1) 
for 
grants 
under 
subsection 
(a)(1),
$2,500,000 in each of fiscal years 1995 and 1996;
(2) for technical assistance grants under sub-
section (a)(2), $100,000 in each of fiscal years 1995
and 1996; and
(3) for a study grant under subsection (k),
$250,000 in fiscal year 1995.
Subtitle C—Rape Prevention
SEC. 321. EDUCATION AND PREVENTION GRANTS TO RE-
DUCE SEXUAL ASSAULTS AGAINST WOMEN.
The Director of the Bureau of Justice Assistance (re-
ferred to in this subtitle as the ‘‘Director’’) is authorized
to make grants—
(1) to provide educational seminars, particularly
developed with emphasis on seminars for elementary
and secondary school age children, designed to
change attitudes regarding rape and develop an
awareness of what acts may meet the legal definition
of rape;
(2) to provide programs for elementary and sec-
ondary school age children that teach nonviolent
conflict resolution, self defense or other relevant
skills;
(3) to operate telephone hotlines for callers with
questions regarding sexual assault and rape;
(4) to design and disseminate training pro-
grams for professionals, including the development
and dissemination of protocols for the routine identi-
fication, treatment, and appropriate referral of vic-
tims of sexual assault by hospital emergency person-
nel and other professionals;
(5) to develop treatment programs for convicted
sex offenders and make such programs available in
the local community and in Federal and State pris-
ons.
(6) to prepare and disseminate informational
materials designed to educate the community regard-
ing sexual assault and prevention; and
(7) to develop other projects to increase aware-
ness and prevention of sexual assault, including ef-
forts to increase awareness of sexual assault preven-
tion among racial, ethnic, cultural and language mi-
norities.
SEC. 322. APPLICATIONS.
(a) IN GENERAL.—To be eligible to receive a grant
under this subtitle, a duly authorized representative of an
eligible entity shall submit an application to the Director
in such form and containing such information as the Di-
rector may reasonably require.
(b) ASSURANCES.—Each application must contain an
assurance that Federal funds received under this subtitle
shall be used to supplement, not supplant, non-Federal
funds that would otherwise be available for activities fund-
ed under this subtitle.
(c) REQUIRED PLAN.—Each application shall include
a plan that contains—
(1) a description of the projects to be devel-
oped;
(2) a description of how funds would be spent;
(3) a statement of staff qualifications and dem-
onstrated expertise in the field of rape prevention
and education; and
(4) a statement regarding the ability to serve
community needs and language minority populations
in providing ethnically and culturally appropriate
programs where necessary.
SEC. 323. REPORTS.
(a) GRANTEE REPORTING.—Upon completion of the
grant period under this part, each grantee shall file a per-
formance report with the Director explaining the activities
carried out together with an assessment of the effective-
ness of such activities in achieving the purposes of this
part. The Director shall suspend funding for an approved
application if an applicant fails to submit an annual per-
formance report.
(b) BUREAU REPORTING.—Not later than 180 days
after the end of each fiscal year for which grants are made
under this part, the Director shall submit to the Congress
a report that includes, for each grantee—
(1) the amount of grants made under this part;
(2) a summary of the purposes for which grants
were provided and an evaluation of progress; and
(3) a copy of each grantee report filed pursuant
to subsection (a).
SEC. 324. RAPE EXAM PAYMENTS.
(a) RESTRICTION OF FUNDS.—No State is entitled
to funds under this Act unless the State or other grantee
incurs the full cost of forensic medical exams for victims
of sexual assault.
(b) MEDICAL COSTS.—A State shall be deemed to
incur the full medical cost of forensic medical exams for
victims of sexual assault if such State—
(1) provides such exams to victims free of
charge to the victim;
(2) arranges for victims to obtain such exams
free of charge to the victim; or
(3) reimburses victims for the cost of such
exams, if—
(A) the reimbursement covers the full cost
of such exams, without any deductible require-
ment or limit on the amount of a reimburse-
ment;
(B) the State permits victims to apply for
reimbursement for at least one year from the
date of the exam;
(C) the State provides reimbursement not
later than 90 days after written notification of
the victim’s expense; and
(D) the State provides information at the
time of the exam to all victims, including vic-
tims with limited or no English proficiency, re-
garding how to obtain reimbursement.
SEC. 325. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘eligible entity’’ means a non-prof-
it, nongovernmental organization that directly serves
or provides advocacy on behalf of victims of rape or
sexual assault; and
(2) the term ‘‘sexual assault prevention and
education’’ means education and prevention efforts
directed at reducing the number of sexual assaults.
SEC. 326. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
the purposes of this subtitle, $60,000,000 for fiscal year
1995, 
$75,000,000 
for 
fiscal 
year 
1996, 
and
$100,000,000 for fiscal year 1997.
TITLE IV—STRATEGIES TO
COMBAT RECIDIVISM
Subtitle A—Family Unity
Demonstration Project
CHAPTER 1—GENERAL PROVISIONS
SEC. 401. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) An increasing number of children are be-
coming separated from their primary caretaker par-
ents due to the incarceration of such parents in pris-
ons and jails.
(2) This separation of children from their pri-
mary caretaker parents can cause irreparable harm
to the children’s psychological well-being and hinder
their growth and development.
(3) A significant number of children are born
shortly before or during the incarceration of their
mothers and are then quickly separated from their
mothers, preventing the parent-child bonding that is
crucial to developing in children a sense of security
and trust.
(4) Maintaining close relationships with their
children provides a powerful incentive for prisoners
to participate in and successfully benefit from reha-
bilitative programs.
100
(5) Maintaining strong family ties during im-
prisonment has been shown to decrease recidivism,
thereby reducing prison costs.
(b) PURPOSES.—The purposes of this subtitle are—
(1) to create demonstration projects designed to
alleviate the harm to children and primary caretaker
parents caused by separation due to the incarcer-
ation of such parents,
(2) to promote development of policies to assign
prisoners whenever possible to correctional facilities
for which they qualify closest to their family homes,
(3) to reduce prison populations,
(4) to reduce recidivism rates of prisoners by
encouraging strong and supportive family relation-
ships, and
(5) to reduce the cost of providing correctional
services and maintaining traditional correctional fa-
cilities by decreasing recidivism and maintaining
community correctional facilities at lower cost.
SEC. 402. DEFINITIONS.
For purposes of this subtitle:
(1) ATTORNEY GENERAL.—The term ‘‘Attorney
General’’ means the Attorney General of the United
States.
101
(2) CHILD.—The term ‘‘child’’ means an indi-
vidual who is less than 6 years of age.
(3) COMMUNITY
CORRECTIONAL
FACILITY.—
The term ‘‘community correctional facility’’ means a
residential facility that—
(A) is used only for eligible prisoners and
their children,
(B) is neither physically part of, nor in the
vicinity of, a jail or prison,
(C) is located in a nonrural area,
(D) has a maximum capacity of 25 pris-
oners in addition to their children, and
(E) provides to residents—
(i) a safe, wholesome, stable, caring,
and stimulating environment for children,
under the supervision of child development
professionals,
(ii) pediatric and adult medical care
consistent with medical standards,
(iii) culturally sensitive programs to
improve the stability of the parent-child re-
lationship, including educating parents re-
garding—
(I) child development, and
(II) household management,
102
(iv) alcoholism and drug addiction
treatment for prisoners and age-appro-
priate substance abuse education for their
children, and
(v) programs and support services to
help residents—
(I) to improve and maintain men-
tal and physical health, including ac-
cess to counseling and other commu-
nity services,
(II) to obtain adequate housing
upon release from State incarceration,
(III) to obtain suitable education,
employment, or training for employ-
ment, and
(IV) to obtain suitable child care.
(4) ELIGIBLE PRISONER.—The term ‘‘eligible
prisoner’’ means a primary caretaker parent who—
(A) is sentenced to a term of imprisonment
of not more than 10 years,
(B) is incarcerated currently to serve such
sentence,
(C) is not eligible currently for probation
or parole until the expiration of a period ex-
ceeding 180 days, and
103
(D) has never been convicted of—
(i) homicide,
(ii) inflicting, or threatening to inflict,
serious bodily injury on another individual,
for which the term of imprisonment ex-
ceeds 1 year,
(iii) kidnapping,
(iv) child neglect or mental, physical,
or sexual abuse of a child,
(v) forcible rape, or
(vi) sodomy or oral copulation, by
force.
(5) INSTITUTE.—The term ‘‘Institute’’ means
the National Institute of Corrections.
(6) PRIMARY CARETAKER PARENT.—The term
‘‘primary caretaker parent’’ means—
(A) a parent who—
(i) has exclusive legal custody of a
child, and
(ii) before incarceration, assumed re-
sponsibility for the housing (including tem-
porary placement in the home of a respon-
sible adult), health, and safety of such par-
ent’s child, or
104
(B) a woman who gives birth to a child
during, or in the 1-year period preceding, the
term for which such woman is currently incar-
cerated.
(7) STATE.—The term ‘‘State’’ means any of
the several States or the District of Columbia.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—There is authorized to be ap-
propriated $8,000,000 for each of the fiscal years 1995,
1996, 1997, 1998, and 1999 to carry out this subtitle.
(b) AVAILABILITY
OF APPROPRIATIONS.—Of the
amount appropriated under subsection (a) for any fiscal
year—
(1) 80 percent shall be available to carry out
chapter 2, and
(2) 20 percent shall be available to carry out
chapter 3.
CHAPTER 2—GRANTS TO STATES
SEC. 411. AUTHORITY TO MAKE GRANTS.
(a) GENERAL AUTHORITY.—The Director of the In-
stitute is authorized to make grants, on a competitive
basis, to States to carry out in accordance with this chap-
ter family unity demonstration projects that enable eligible
prisoners to live in community correctional facilities with
their children.
105
(b) PREFERENCE.—For the purpose of making
grants under subsection (a), the Institute shall give pref-
erence to any eligible State that includes in the application
required by section 332 assurances that if such State re-
ceives such a grant—
(1) both the State corrections agency and the
State health and human services agency will partici-
pate substantially in, and cooperate closely in all as-
pects of, the development and operation of the fam-
ily unity demonstration project for which such a
grant is requested,
(2) public and nonprofit private community-
based organizations will be integrally involved in car-
rying out such project, both in an advisory capacity
and as contractors,
(3) boards made up of community residents,
local businesses, corrections officials, former pris-
oners, child development professionals, educators,
and maternal and child health professionals will be
established to advise the State regarding the oper-
ation of such project,
(4) the State will show a commitment to using
community placement as an alternative to traditional
incarceration, to decrease the prison population and
106
not as an alternative to placement in halfway
houses,
(5) the State will target economically disadvan-
taged, incarcerated prisoners and their children for
participation in such project,
(6) the State has in effect a policy that provides
for the placement of all prisoners, whenever possible,
in correctional facilities for which they qualify that
are located closest to their respective family homes,
(7) the State will implement such project not
later than 180 days after receiving a grant under
subsection (a) and will expend all of such grant dur-
ing a 1-year period, and
(8) for the purpose of selecting eligible pris-
oners to participate in such project, the State will—
(A) give written notice to a prisoner, not
later than 30 days after the State first receives
a grant under subsection (a) or 30 days after
such prisoner is sentenced to a term of impris-
onment of not more than 10 years (whichever
is later), of the proposed or current operation
of such project, as the case may be,
(B) accept at any time such project is in
operation an application by such prisoner to
participate in such project if, at the time of ap-
107
plication, the remainder of the sentence of such
prisoner exceeds 180 days,
(C) review applications by prisoners in the
sequence in which the State receives such appli-
cations,
(D) not less than 10 days before reviewing
a particular application to participate in such
project, the State will give to the prisoner who
submitted such application and to each care-
taker, custodian, or guardian of the child of
such prisoner written notice that—
(i) the State will review such applica-
tion,
(ii) for the purpose of such review,
there is a rebuttable presumption that it is
in the best interest of such child to resume
living with such prisoner if such applica-
tion is approved, and
(iii) the State will accept from the re-
cipients of such notice comments with re-
spect to such application, and
(E) not more than 40 days after giving
such notice—
(i) approve or disapprove such appli-
cation, and
108
(ii) give such prisoner and such care-
taker, custodian, or guardian written no-
tice of, and a statement of the reasons for,
the approval or disapproval of such appli-
cation.
(c) SELECTION OF GRANTEES.—The Institute shall
make grants under subsection (a) on a competitive basis,
based on such criteria as the Institute shall issue by rule
and taking into account the preference required by sub-
section (b).
(d) NUMBER OF GRANTS.—In any fiscal year for
which funds are available to carry out this chapter, the
Institute shall make grants to 5 eligible States geographi-
cally dispersed throughout all regions of the United
States.
SEC. 412. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 421(a),
a State shall submit to the Institute an application at such
time, in such form, and containing such information, as
the Institute reasonably may require by rule.
SEC. 413. REPORT.
Each State that receives a grant under this chapter
shall submit a report to the Institute regarding the family
unity demonstration project for which such grant is ex-
pended. Such report shall be submitted not later than 90
109
days after the 1-year period in which such grant is re-
quired to be expended. Such report shall—
(1) specify the number of prisoners who submit-
ted, in such 1-year period, applications to participate
in such project and the number of prisoners who
were placed in such project,
(2) specify, with respect to prisoners placed in
such project, the number of prisoners who returned
from such project to prison or jail,
(3) give a description of the nature and scope
of educational and training activities provided to
prisoners participating in such project, and
(4) specify the number, and describe the scope
of, contracts made with public and nonprofit private
community-based organizations to carry out such
project.
CHAPTER 3—FAMILY UNITY DEMONSTRA-
TION PROJECT FOR FEDERAL PRIS-
ONERS
SEC. 421. AUTHORITY OF THE ATTORNEY GENERAL.
With funds available to carry out this chapter for the
benefit of federal prisoners and acting through the Bureau
of Prisons, the Attorney General shall carry out a family
unity demonstration project that enables eligible prisoners
110
to live in community correctional facilities with their chil-
dren.
SEC. 422. REQUIREMENTS.
For the purpose of carrying out a family unity dem-
onstration project under section 421, the Attorney General
shall—
(1) comply with the requirements specified in
paragraphs (2), (3), (4), (5), (7), and (8) of section
411(b) to the extent a recipient of a grant under
section 421(a) is required to comply with such
requirements,
(2) consult with the Secretary of Health and
Human Services regarding the development and op-
eration of such project, and
(3) submit to the National Institute of Correc-
tions a report of the kind described, and at the time
specified, in section 413 regarding the operation of
such project.
Subtitle B—Drug Rehabilitation for
Federal Prisoners
SEC. 431. SHORT TITLE.
This subtitle may be cited as the ‘‘Drug Treatment
in Federal Prisons Act of 1993’’.
SEC. 432. DEFINITIONS.
As used in this subtitle—
111
(1) the term ‘‘residential substance abuse treat-
ment’’ means a course of individual and group ac-
tivities, lasting between 9 and 12 months, in residen-
tial treatment facilities set apart from the general
prison population—
(A) directed at the substance abuse prob-
lems of the prisoner;
(B) intended to develop a prisoner’s cog-
nitive, behavioral, social, vocational, and other
skills so as to solve the prisoner’s substance
abuse and related problems; and
(C) shall include—
(i) addiction education;
(ii) individual, group, and family
counseling pursuant to individualized treat-
ment plans;
(iii) opportunity for involvement in Al-
coholics Anonymous, Narcotics Anony-
mous, or Cocaine Anonymous;
(iv) parenting skills training, domestic
violence counseling, and sexual abuse coun-
seling, where appropriate;
(v) HIV education, counseling and
testing, when requested, and early inter-
112
vention services for seropositive individ-
uals;
(vi) services that facilitate access to
health and social services, where appro-
priate and to the extent available; and
(vii) planning for and counseling to
assist reentry into society, including refer-
rals to appropriate educational, vocational,
and other employment-related programs
(to the extent available), referrals to ap-
propriate outpatient or other drug or alco-
hol 
treatment, 
counseling, 
transitional
housing, and assistance in obtaining suit-
able affordable housing and employment
upon discharge.
(2) the term ‘‘eligible prisoner’’ means a pris-
oner who is—
(A) determined by the Bureau of Prisons
to have a substance abuse problem; and
(B) willing to participate in a residential
abuse treatment program;
(3) the term ‘‘aftercare services’’ means a
course of individual and group treatment for a mini-
mum of one year involving sustained and frequent
interaction between the program and with individ-
113
uals who have successfully completed a program of
residential substance abuse treatment, and shall in-
clude consistent personal interaction between the in-
dividual and a primary counselor or case manager,
participation in group and individual counseling ses-
sions, social activities targeted toward a recovering
substance abuser, and, where appropriate, more in-
tensive intervention; and
(4) the term ‘‘substance abuse’’ means the
abuse of drugs or alcohol.
SEC. 433. IMPLEMENTATION OF SUBSTANCE ABUSE TREAT-
MENT REQUIREMENT.
(a) IN GENERAL.—In order to carry out the require-
ment of the last sentence of section 3621(b) of title 18,
United States Code, that every prisoner with a substance
abuse problem have the opportunity to participate in ap-
propriate substance abuse treatment, the Bureau of Pris-
ons shall provide residential substance abuse treatment—
(1) for not less than 50 percent of eligible pris-
oners by the end of fiscal year 1993;
(2) for not less than 75 percent of eligible pris-
oners by the end of fiscal year 1994; and
(3) for all eligible prisoners by the end of fiscal
year 1995 and thereafter.
114
(b) PREFERENCE
FOR
COMMUNITY-BASED
PRO-
GRAMS.—Residential substance abuse treatment services
shall be provided, to the greatest extent possible, by com-
munity-based drug and alcohol treatment programs.
(c) INCENTIVE FOR PRISONERS’ SUCCESSFUL COM-
PLETION OF TREATMENT PROGRAM.—Section 3621 of
title 18, United States Code, is amended by adding at the
end the following:
‘‘(e) INCENTIVE FOR PRISONERS’ SUCCESSFUL COM-
PLETION OF TREATMENT PROGRAM.—
‘‘(1) IN GENERAL.—Any prisoner who, in the
judgment of the Director of the Bureau of Prisons,
can benefit by aftercare services or other post-incar-
ceration programs shall remain in the custody of the
Bureau for such time (as limited by paragraph (2)
of this subsection) and under such conditions, as the
Bureau deems appropriate.
‘‘(2) PERIOD
OF
CUSTODY.—The period the
prisoner remains in custody pursuant to paragraph
(1) of this subsection shall not exceed the prison
term the law would otherwise require such prisoner
to serve, but may not be less than such term minus
one year.
‘‘(3) DRUG TESTING.—If the conditions of con-
finement include custody outside a correctional facil-
115
ity, the Bureau shall, in the case of those prisoners
identified as having a substance abuse problem, and
may, in the case of other prisoners, periodically test
the prisoner for substance abuse and discontinue
such conditions on determining that substance abuse
has occurred.
‘‘(4) AFTERCARE
SERVICES.—The Bureau of
Prisons shall provide appropriate aftercare services
for those prisoners who have successfully completed
a program of residential substance abuse treatment
provided under subsection (b) of this section.’’.
SEC. 434. REPORT.
The Bureau of Prisons shall transmit to the Congress
on January 1, 1996, and on January 1 of each year there-
after, a report. Such report shall contain—
(1) a detailed quantitative and qualitative de-
scription of each substance abuse treatment pro-
gram, residential or not, operated by the Bureau;
(2) a full explanation of how eligibility for such
programs is determined, with complete information
on what proportion of prisoners with substance
abuse problems are eligible; and
(3) a complete statement of to what extent the
Bureau has achieved compliance with the require-
ments of this Act.
116
SEC. 435. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal
year 1995 and each fiscal year thereafter such sums as
may be necessary to carry out the provisions of this sub-
title.
Subtitle C—Drug Rehabilitation for
State Prisoners
SEC. 441. SHORT TITLE.
This subtitle may be cited as the ‘‘Substance Abuse
Treatment in State Prisons Act of 1993’’.
SEC. 442. RESIDENTIAL SUBSTANCE ABUSE TREATMENT
FOR PRISONERS.
(a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT
FOR PRISONERS.—Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended—
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section
2201; and
(3) by inserting after part T the following:
‘‘PART U—RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FOR PRISONERS
‘‘SEC. 2101. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice Assistance
(referred to in this part as the ‘Director’) may make
grants under this part to States, for the use by States
117
for the purpose of developing and implementing residential
substance abuse treatment programs within State correc-
tional facilities.
‘‘SEC. 2102. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request a grant under
this part the chief executive of a State shall submit an
application to the Director in such form and containing
such information as the Director may reasonably require.
‘‘(2) Such application shall include assurances that
Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this part.
‘‘(3) Such application shall coordinate the design and
implementation of treatment programs between State cor-
rectional representatives and the State Alcohol and Drug
Abuse agency.
‘‘(4) Such application shall include assurances that
residential substance abuse treatment services shall be
provided, to the greatest extent possible, through contracts
with community-based drug and alcohol treatment pro-
grams.
‘‘(b) DRUG TESTING REQUIREMENT.—To be eligible
to receive funds under this part, a State must agree to
implement or continue to require urinalysis or similar test-
ing of individuals in correctional residential substance
118
abuse treatment programs. Such testing shall include indi-
viduals released from residential substance abuse treat-
ment programs who remain in the custody of the State.
‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER
CARE COMPONENT.—
‘‘(1) To be eligible for a preference under this
part, a State must ensure that individuals who par-
ticipate in the substance abuse treatment program
established or implemented with assistance provided
under this part will be provided with aftercare serv-
ices.
‘‘(2) State aftercare services must involve the
coordination of the prison treatment program with
other human service and rehabilitation programs,
such as educational and job training programs, pa-
role supervision programs, half-way house programs,
and participation in self-help and peer group pro-
grams, that may aid in the rehabilitation of individ-
uals in the substance abuse treatment program.
‘‘(3) To qualify as an aftercare program, the
head of the substance abuse treatment program, in
conjunction with State and local authorities and or-
ganizations involved in substance abuse treatment or
offender management, shall assist in placement of
substance abuse treatment program participants
119
with appropriate community substance abuse treat-
ment facilities when such individuals leave prison at
the end of a sentence or on parole.
‘‘(d) STATE OFFICE.—The office designated under
section 507 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3757)—
‘‘(1) shall prepare the application as required
under section 2102; and
‘‘(2) shall administer grant funds received
under this part, including, review of spending, proc-
essing, progress, financial reporting, technical assist-
ance, grant adjustments, accounting, auditing, and
fund disbursement.
‘‘SEC. 2103. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Bureau shall make a grant
under section 1901 to carry out the projects described in
the application submitted under section 2102 upon deter-
mining that—
‘‘(1) the application is consistent with the re-
quirements of this part; and
‘‘(2) before the approval of the application the
Bureau has made an affirmative finding in writing
that the proposed project has been reviewed in ac-
cordance with this part.
120
‘‘(b) APPROVAL.—Each application submitted under
section 1902 shall be considered approved, in whole or in
part, by the Bureau not later than 45 days after first re-
ceived unless the Bureau informs the applicant of specific
reasons for disapproval.
‘‘(c) RESTRICTION.—Grant funds received under this
part shall not be used for land acquisition or construction
projects.
‘‘(d) DISAPPROVAL
NOTICE
AND
RECONSIDER-
ATION.—The Bureau shall not disapprove any application
without first affording the applicant reasonable notice and
an opportunity for reconsideration.
‘‘SEC. 2104. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) ALLOCATION.—Of the total amount appro-
priated under this part in any fiscal year—
‘‘(1) 0.4 percent shall be allocated to each of
the participating States; and
‘‘(2) of the total funds remaining after the allo-
cation under paragraph (1), there shall be allocated
to each of the participating States an amount which
bears the same ratio to the amount of remaining
funds described in this paragraph as the State pris-
on population of such State bears to the total prison
population of all the participating States.
121
‘‘(b) FEDERAL SHARE.—The Federal share of a
grant made under this part may not exceed 75 percent
of the total costs of the projects described in the applica-
tion submitted under section 2102 for the fiscal year for
which the projects receive assistance under this part.
‘‘SEC. 2105. EVALUATION.
‘‘Each State that receives a grant under this part
shall submit to the Director an evaluation not later than
March 1 of each year in such form and containing such
information as the Director may reasonably require.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by striking the matter relating to part U and inserting
the following:
‘‘PART U—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS
‘‘Sec. 2101. Grant authorization.
‘‘Sec. 2102. State applications.
‘‘Sec. 2103. Review of State applications.
‘‘Sec. 2104. Allocation and distribution of funds.
‘‘Sec. 2105. Evaluation.
‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2201. Continuation of rules, authorities, and proceedings.’’.
(c) DEFINITIONS.—Section 901(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3791(a)) is amended by adding after paragraph (25) the
following:
122
‘‘(26) The term ‘residential substance abuse
treatment program’ means a course of individual
and group activities, lasting between 9 and 12
months, in residential treatment facilities set apart
from the general prison population—
‘‘(A) directed at the substance abuse prob-
lems of the prisoner;
‘‘(B) intended to develop the prisoner’s
cognitive, behavioral, social, vocational, and
other skills so as to solve the prisoner’s sub-
stance abuse and related problems; and
‘‘(C) shall include—
‘‘(i) addiction education;
‘‘(ii) individual, group, and family
counseling pursuant to individualized treat-
ment plans;
‘‘(iii) opportunity for involvement in
Alcoholics Anonymous, Narcotics Anony-
mous, or Cocaine Anonymous;
‘‘(iv) parenting skills training, domes-
tic violence counseling, and sexual abuse
counseling, where appropriate;
‘‘(v) HIV education, counseling and
testing, when requested, and early inter-
123
vention services for seropositive individ-
uals;
‘‘(vi) services that facilitate access to
health and social services, where appro-
priate and to the extent available; and
‘‘(vii) planning for and counseling to
assist reentry into society, including refer-
rals to appropriate educational, vocational,
and other employment-related programs
(to the extent available), referrals to ap-
propriate outpatient or other drug or alco-
hol 
treatment, 
counseling, 
transitional
housing, and assistance in obtaining suit-
able affordable housing and employment
upon discharge.
‘‘(27) The term ‘substance abuse’ means the
abuse of drugs or alcohol.
‘‘(28) The term ‘aftercare services’ means a
course of individual and group treatment for a mini-
mum of one year involving sustained and frequent
interaction between the program and with individ-
uals who have participated in or successfully com-
pleted a program of residential substance abuse
treatment, and shall include consistent personal
interaction between the individual and a primary
124
counselor or case manager, participation in group
and individual counseling sessions, social activities
targeted toward a recovering substance abuser, and
where appropriate, more intensive intervention.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793), as amended by sec-
tion 302 of this Act, is amended by adding after para-
graph (14) the following:
‘‘(15) There are authorized to be appropriated
$100,000,000 for each of the fiscal years 1995, 1996, and
1997 to carry out the projects under part U.’’.
Subtitle D—Alternatives to
Incarceration
CHAPTER 1—GRANTS
SEC. 451. GRANT AUTHORIZATION.
The Director of the Bureau of Justice Assistance is
authorized to make grants to States, units of local govern-
ment, court systems, district attorneys, and private non-
profit organizations to establish or expand, sentencing op-
tions in addition to existing incarceration and probation
programs for offenders who would otherwise be sentenced
to incarceration.
125
SEC. 452. USE OF FUNDS.
(a) IN GENERAL.—Grants received under this chap-
ter may be used to develop sentencing option projects that
may include the following programs—
(1) day fines;
(2) house arrest;
(3) electronic monitoring;
(4) intensive probation supervision;
(5) defense-based sentencing;
(6) day reporting centers;
(7) victim-offender reconciliation;
(8) shock incarceration; and
(9) substance abuse treatment in lieu of incar-
ceration, including treatment in a therapeutic com-
munity.
(b) COURT SYSTEM.—Court systems may receive a
grant to establish and implement these systems and to
train court personnel, including judges and district attor-
neys, regarding how to best utilize these programs.
(c) NONPROFIT GROUPS.—Nonprofit groups may re-
ceive funds to establish and implement community-based
programs that reflect community needs and draw on com-
munity resources and organizations.
126
SEC. 453. GRANT APPLICATION.
(a) IN GENERAL.—Submit application in such form
and containing such information as the Director may rea-
sonably require.
(b) CONTENTS.—Each application shall contain—
(1) a request for funds;
(2) a description of areas and populations to be
served;
(3) a comprehensive plan that describes the
project and available resources, specifically, how a
determination will be made regarding eligible defend-
ants, who would otherwise be likely to receive sen-
tences of incarceration; and
(4) an evaluation component.
SEC. 454. GRANT TERMS.
(a) RENEWAL.—Grants may be renewed for up to 2
additional years after the first fiscal year a recipient re-
ceives an initial grant.
(b) FEDERAL SHARE.—Federal Share of a grant
made under this chapter not to exceed 75 percent of the
total costs.
SEC. 455. AWARD OF GRANTS.
In selecting applicants under this chapter, the Direc-
tor shall consider the following factors in descending order
of priority—
127
(1) programs that make use of existing commu-
nity recourses;
(2) the need for the program and ability of an
applicant to provide elements of a program; and
(3) the geographical distribution with urban
settings represented.
SEC. 456. AUTHORIZATION OF APPROPRIATIONS.
There 
are 
authorized 
to 
be 
appropriated
$150,000,000 to carry out the projects under this chapter
for each of the fiscal years 1994, 1995, and 1996.
CHAPTER 2—SUBSTANCE ABUSE TREAT-
MENT ALTERNATIVES TO INCARCER-
ATION
SEC. 457. GRANT AUTHORIZATION.
(a) IN GENERAL.—The Director of the Bureau of
Justice Assistance is authorized to make grants to public
and nonprofit private entities to provide substance abuse
treatment to individuals who are not incarcerated, but are
under criminal justice supervision because of their status
as pretrial releasees, post-trial releasees, probationers, pa-
rolees, supervised releasees, or releasees with a deferred
prosecution.
(b) PRIORITY.—In awarding grants under subsection
(a), the Director shall give priority to programs commen-
surate with the extent to which such programs provide,
128
directly or in conjunction with other public or private non-
profit entities, one or more of the following:
(1) A continuum of offender management serv-
ices as individuals enter, proceed through, and leave
the criminal justice system, including identification
and assessment, substance abuse treatment, and
continuing or aftercare services.
(2) Comprehensive treatment services for juve-
nile offenders.
(3) Comprehensive treatment services for fe-
male offenders.
(4) Comprehensive treatment services for indi-
viduals who have not been convicted previously of a
violent felony offense and would serve a mandatory
minimum sentence but for diversion into a substance
abuse treatment program.
(c) SUBSTANCE ABUSE TREATMENT SERVICES.—A
grantee shall provide the following substance abuse treat-
ment services:
(1) Addiction education.
(2) Individual, group, and family counseling
pursuant to individualized treatment plans.
(3) Opportunity for involvement in Alcoholics
Anonymous, Narcotics Anonymous, or Cocaine
Anonymous.
129
(4) Parenting skills training, domestic violence
counseling, and sexual abuse counseling, where ap-
propriate.
(5) HIV education, counseling and testing,
when requested, and early intervention services for
seropositive individuals.
(6) Services that facilitate access to health and
social services, where appropriate and to the extent
available.
(7) Planning for and counseling to assist re-
entry into society, including referrals to appropriate
educational, vocational, and other employment-relat-
ed programs (to the extent available), referrals to
appropriate outpatient or other drug or alcohol
treatment, counseling, transitional housing, and as-
sistance in obtaining suitable affordable housing and
employment upon discharge.
SEC. 458. GRANT APPLICATION.
(a) IN GENERAL.—To request a grant, an applicant
must submit an application in such form and containing
such information as the Director may reasonably require.
(b) CONTENTS.—Each application shall contain—
(1) a request for funds;
(2) a description of populations to be served;
130
(3) a comprehensive plan that describes the
project, and specifically, how a determination will be
made regarding eligible defendants who would other-
wise be likely to receive sentences of incarceration,
and actions that will be taken to apprehend individ-
uals who have violated the conditions for release by
not completing or complying with the substance
abuse treatment program;
(4) assurances that the Federal funds received
under this part shall be used to supplement, not
supplant, non-Federal funds that would otherwise be
available for activities funded under this subtitle;
(5) assurance that the substance abuse treat-
ment programs that will provide the services are li-
censed by the single State authority in the State re-
sponsible for drug and alcohol treatment services;
and
(6) an evaluation component.
SEC. 459. AUTHORIZATION OF APPROPRIATIONS.
There 
are 
authorized 
to 
be 
appropriated
$300,000,000 to carry out the projects under this chapter
for each of the fiscal years 1995, 1996, and 1997.
131
Subtitle E—Voting Rights for
Former Offenders
SEC. 461. RIGHTS OF CITIZENS.
The right of a citizen of the United States, who other-
wise is qualified, to vote in any election for Federal office
shall not be denied or abridged because he has committed
a criminal offense unless such citizen is imprisoned in a
correctional institution or facility at the time of such elec-
tion.
SEC. 462. STATE REQUIREMENTS.
Nothing in this subtitle shall be construed to prohibit
the States from establishing requirements for the holding
of State or local elective office; nor from enacting any
State law which affords the right to vote in any election
for Federal office on terms less restrictive than those es-
tablished by this subtitle.
SEC. 463. FINES.
Whoever shall intentionally deny or attempt to deny
any person any right secured by this subtitle shall be fined
not more than $500, or imprisoned not more than one
year, or both.
SEC. 464. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘correctional institution or facil-
ity’’ means any prison, penitentiary, jail, or other in-
132
stitution or facility for the confinement of individ-
uals convicted of criminal offenses, except that such
term does not include any residential community
treatment center (or similar public or private facil-
ity);
(2) the term ‘‘election’’ means (A) a general,
special, primary, or runoff election, (B) a convention
or caucus of a political party held to nominate a
candidate, (C) a primary election held for the selec-
tion of delegates to a national nominating conven-
tion of a political party, or (D) a primary election
held for the expression of a preference for the nomi-
nation of persons for election to the office of Presi-
dent; and
(3) the term ‘‘Federal office’’ means the office
of President or Vice President of the United States,
or of Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress of the Unit-
ed States.
Subtitle F—Sex Offender
Treatment Programs
SEC. 471. NATIONAL INSTITUTE OF JUSTICE TRAINING
PROGRAMS.
(a) IN GENERAL.—The National Institute of Justice,
after consultation with victim advocates and individuals
133
who have expertise in treating sex offenders, shall estab-
lish criteria and develop training programs to assist—
(1) prison, youth residential, and mental health
institutional staff; and
(2) probation and parole officers and other per-
sonnel who work with released sex offenders in the
areas of—
(A) relapse prevention (internal and exter-
nal management);
(B) supervision; and
(C) case management.
(b) TRAINING PROGRAMS.—The Director of the Na-
tional Institute of Justice shall attempt, to the extent
practicable, to make specialized training programs devel-
oped under subsection (a) available in geographically di-
verse locations throughout the country.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $1,000,000 for each of the
fiscal years 1994 and 1995 to carry out the provisions
of this section.
SEC. 472. INFORMATION PROGRAMS.
The Attorney General shall compile information re-
garding sex offender treatment programs and ensure that
information regarding specialized community treatment
134
programs in the community into which a convicted sex of-
fender is released is made available to—
(1) each person serving a sentence of imprison-
ment in a penal or correctional institution for a com-
mission of an offense under chapter 109A of title 18
of the United States Code or for the commission of
a similar offense; and
(2) each person serving a sentence of imprison-
ment in an institution other than a penal or correc-
tional institution for a commission of an offense
under chapter 109A of title 18 of the United States
Code or for the commission for a similar offense.
Subtitle G—Education and Train-
ing for Judges and Court Per-
sonnel in State Courts
SEC. 481. GRANTS AUTHORIZED.
The State Justice Institute is authorized to award
grants for the purpose of developing, testing presenting,
and disseminating model programs to be used by States
in training judges and court personnel in the laws of the
States on rape, sexual assault, domestic violence, and
other crimes of violence motivated by the victim’s gender.
135
SEC. 482. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under
this subtitle may include current information, existing
studies, or current data on—
(1) the nature and incidence of rape and sexual
assault by strangers and nonstrangers, marital rape,
and incest;
(2) the underreporting of rape, sexual assault,
and child sexual abuse;
(3) the physical, psychological, and economic
impact of rape and sexual assault on the victim, the
costs to society, and the implications for sentencing;
(4) the psychology of sex offenders, their rate
of recidivism, and the implications for sentencing;
(5) the historical evolution of laws and attitudes
on rape and sexual assault;
(6) sex stereotyping of female and male victims
of rape and sexual assault, racial stereotyping of
rape victims and defendants, and the impact of such
stereotypes on credibility of witnesses, sentencing,
and other aspects of the administration of justice;
(7) application of rape shield laws and other
limits on introduction of evidence that may subject
victims to improper sex stereotyping and harassment
in both rape and nonrape cases, including the need
136
for sua sponte judicial intervention in inappropriate
cross-examination;
(8) the use of expert witness testimony on rape
trauma syndrome, child sexual abuse accommodation
syndrome, post-traumatic stress syndrome, and simi-
lar issues;
(9) the reasons why victims or rape, sexual as-
sault, domestic violence, and incest may refuse to
testify against a defendant;
(10) the nature and incidence of domestic vio-
lence;
(11) the physical, psychological, and economic
impact of domestic violence on the victim, the costs
to society, and the implications for court procedures
and sentencing;
(12) the psychology and self-presentation of
batterers and victims and the negative implications
for court proceedings and credibility of witnesses;
(13) sex stereotyping of female and male vic-
tims of domestic violence, myths about presence or
absence of domestic violence in certain racial, ethnic,
religious, or socioeconomic groups, and their impact
on the administration of justice;
(14) historical evolution of laws and attitudes
on domestic violence;
137
(15) proper and improper interpretations of the
defenses of self-defense and provocation, and the use
of expert witness testimony on battered woman syn-
drome;
(16) the likelihood of retaliation, recidivism,
and escalation of violence by batterers, and the po-
tential impact of incarceration and other meaningful
sanctions for acts of domestic violence including vio-
lations of orders of protection;
(17) economic, psychological, social and institu-
tional reasons for victims’ inability to leave the
batterer, to report domestic violence or to follow
through on complaints, including the influence of
lack of support from police, judges, and court per-
sonnel, and the legitimate reasons why victims of do-
mestic violence may refuse to testify against a de-
fendant and should not be held in contempt;
(18) the need for orders of protection, and the
negative implications of mutual orders of protection,
dual arrest policies, and mediation in domestic vio-
lence cases; and
(19) recognition of and response to gender-mo-
tivated crimes of violence other than rape, sexual as-
sault and domestic violence, such as mass or serial
murder motivated by the gender of the victims.
138
SEC. 483. COOPERATION IN DEVELOPING PROGRAMS.
The State Justice Institute shall ensure that model
programs carried out pursuant to grants made under this
subtitle are developed with the participation of law en-
forcement officials, public and private nonprofit victim ad-
vocates, legal experts, prosecutors, defense attorneys, and
recognized experts on gender bias in the courts.
SEC. 484. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year
1995, $600,000 to carry out the purposes of this subtitle.
Of amounts appropriated under this section, the State
Justice Institute shall expend no less than 40 percent on
model programs regarding domestic violence and no less
than 40 percent on model programs regarding rape and
sexual assault.
Subtitle H—Education and Train-
ing for Judges and Court Per-
sonnel in Federal Courts
SEC. 491. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU-
CATION AND TRAINING GRANTS.
(a) STUDY.—In order to gain a better understanding
of the nature and the extent of gender bias in the Federal
courts, the circuit judicial councils shall conduct studies
of the instances of gender bias in their respective circuits.
The studies may include an examination of the effects of
gender on—
139
(1) the treatment of litigants, witnesses, attor-
neys, jurors, and judges in the courts, including be-
fore magistrate and bankruptcy judges;
(2) the interpretation and application of the
law, both civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes;
(5) sentencing;
(6) sentencing alternatives, facilities for incar-
ceration, and the nature of supervision of probation
and parole;
(7) appointments to committees of the Judicial
Conference and the courts;
(8) case management and court sponsored al-
ternative dispute resolution programs;
(9) the selection, retention, promotion, and
treatment of employees;
(10) appointment of arbitrators, experts, and
special masters; and
(11) the aspects of the topics listed in section
403 that pertain to issues within the jurisdiction of
the Federal courts.
(b) CLEARINGHOUSE.—The Judicial Conference of
the United States shall designate an entity within the Ju-
dicial branch to act as a clearinghouse to disseminate any
140
reports and materials issued by the gender bias task forces
under subsection (a) and to respond to requests for such
reports and materials. The gender bias task forces shall
provide this entity with their reports and related material.
(c) MODEL PROGRAMS.—The Federal Judicial Cen-
ter, in carrying out section 620(b)(3) of title 28, United
States Code, shall—
(1) include in the educational programs it pre-
sents and prepares, including the training programs
for newly appointed judges, information on issues re-
lated to gender bias in the courts including such
areas as are listed in subsection (a) along with such
other topics as the Federal Judicial Center deems
appropriate;
(2) prepare materials necessary to implement
this subsection; and
(3) take into consideration the findings and rec-
ommendations of the studies conducted pursuant to
subsection (a), and to consult with individuals and
groups with relevant expertise in gender bias issues
as it prepares or revises such materials.
SEC. 492. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated—
141
(1) $600,000 to the Salaries and Expenses Ac-
count of the Courts of Appeals, District Courts, and
other Judicial Services, to carry out section 491(a),
to be available until expended through fiscal year
1995;
(2) $100,000 to the Federal Judicial Center to
carry out section 491(c) and any activities des-
ignated by the Judicial Conference under section
491(b); and
(3) such sums as are necessary to the Adminis-
trative Office of the United States Courts to carry
out any activities designated by the Judicial Con-
ference under section 491(b).
(b) THE JUDICIAL CONFERENCE OF THE UNITED
STATES.—(1) The Judicial Conference of the United
States Courts shall allocate funds to Federal circuit courts
under this subtitle that—
(A) undertake studies in their own circuits; or
(B) implement reforms recommended as a re-
sult of such studies in their own or other circuits,
including education and training.
(2) Funds shall be allocated to Federal circuits under
this subtitle on a first come first serve basis in an amount
not to exceed $100,000 on the first application. If within
6 months after the date on which funds authorized under
142
this Act become available, funds are still available, circuits
that have received funds may reapply for additional funds,
with not more than $200,000 going to any one circuit.
TITLE V—COMMISSION ON
CRIME, DRUGS, AND VIOLENCE
SEC. 501. ESTABLISHMENT OF COMMISSION ON CRIME,
DRUGS, AND VIOLENCE.
There is established a commission to be known as the
‘‘National Commission on Crime, Drugs, and Violence in
America’’ (referred to in this title as ‘‘Commission’’).
SEC. 502. PURPOSE.
The purposes of the Commission are to examine—
(1) the impact of criminal justice policy on the
African-American, Hispanic, Asian, and Native
American communities, and criticism that the crimi-
nal justice system functions in a racially disparate
manner;
(2) the root causes of violent crime and make
recommendation for the creation of a national public
education strategy on violence; and
(3) the root causes of the demand for drugs in
the United States, and an evaluation of the efficacy
of current Federal drug policy.
143
SEC. 503. DUTIES.
(a) IN GENERAL.—The Commission shall be respon-
sible for the following:
(1) Reviewing the effectiveness of traditional
criminal justice approaches in preventing and con-
trolling crime and violence.
(2) Examining the impact that changes to State
and Federal law have had in controlling crime and
violence.
(3) Examining the impact of changes in Fed-
eral immigration laws and policies and increased de-
velopment and growth along United States inter-
national borders on crime and violence in the United
States, particularly among our Nation’s youth.
(4) Examining the problem of youth gangs and
provide recommendations as to how to reduce youth
involvement in violent crime.
(5) Examining the extent to which assault
weapons and high power firearms have contributed
to violence and murder in America.
(6) Convening field hearings in various regions
of the country to receive testimony from a cross sec-
tion of criminal justice professionals, business lead-
ers, elected officials, medical doctors, and other citi-
zens that wish to participate.
144
(7) Reviewing all segments of our criminal jus-
tice system, including the law enforcement, prosecu-
tion, defense, judicial, corrections components in de-
veloping the crime control plan.
(b) EXAMINATION.—Matters examined by the Com-
mission under this section shall include—
(1) the characteristics of potential illicit drug
users and abusers or drug traffickers, including age
and social, economic, and educational backgrounds;
(2) the environmental factors that contribute to
illicit drug use and abuse, including the correlation
between unemployment, poverty, and homelessness
on drug experimentation and abuse;
(3) the current status of, and models for pro-
viding more effective offender rehabilitation and vic-
tim assistance programs, including restitution to vic-
tims of crime;
(4) an evaluation of the efficacy of existing
Federal laws regarding the unlawful production, dis-
tribution, and use of controlled substances, including
the efficacy of Federal minimum sentences for viola-
tions of the laws regarding the unlawful sale and use
of controlled substances; and
(5) an analysis of the costs, benefits, risks, and
advantages of the present national policy regarding
145
controlled substances and of potential modifications
of that policy, including an analysis of what propor-
tion of the funds dedicated to combating the unlaw-
ful sale and use of controlled substances should be
devoted to—
(A) interdicting controlled substances en-
tering the United States unlawfully;
(B) enforcing Federal laws relating to the
unlawful production, distribution, and use of
controlled substances;
(C) education and other forms of prevent-
ing the unlawful use of controlled substances;
or
(D) rehabilitating individuals who use con-
trolled substances unlawfully.
SEC. 504. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—
(1) IN GENERAL.—The Commission shall con-
sist of 13 members, as follows:
(A) PRESIDENT.—Three individuals ap-
pointed by the President.
(B) SENATE.—Five individuals appointed
jointly by the majority and minority leaders of
the Senate. Not more than 3 members ap-
pointed under this paragraph may be of the
146
same political party. At least 1 member ap-
pointed under this paragraph shall be a recover-
ing drug user.
(C) HOUSE OF REPRESENTATIVES.—Five
individuals appointed jointly by the Speaker,
majority leader, and minority leader of the
House of Representatives. Not more than 3
members appointed under this paragraph may
be of the same political party. At least 1 mem-
ber appointed under this paragraph shall be a
recovering drug abuser.
(2) GOALS IN MAKING APPOINTMENTS.—In ap-
pointing individuals as members of the Commission,
the President and the majority and minority leaders
of the House of Representatives and the Senate shall
seek to ensure that—
(A) the membership of the Commission re-
flects the racial, ethnic, and gender diversity of
the United States; and
(B) members are specially qualified to
serve on the Commission by reason of their edu-
cation, training, expertise, or experience in—
(i) sociology,
(ii) psychology,
(iii) law,
147
(iv) bio-medicine,
(v) addiction, and
(vi) ethnography and urban poverty,
including health care, housing, education,
and employment.
(b) PROHIBITION
AGAINST
OFFICER
OR
EM-
PLOYEE.—Each individual appointed under subsection (a)
shall not be an officer or employee of any government and
shall be qualified to serve the Commission by virtue of
education, training, or experience.
(c) DEADLINE FOR APPOINTMENT.—Members of the
Commission shall be appointed within 60 days after the
date of the enactment of this Act for the life of the Com-
mission.
(d) MEETINGS.—The Commission shall have its
headquarters in the District of Columbia, and shall meet
at least once each month for a business session that shall
be conducted by the Chairperson.
(e) QUORUM.—Seven members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(f) CHAIRPERSON
AND VICE CHAIRPERSON.—No
later than 15 days after the members of the Commission
are appointed, such members shall designate a Chair-
person and Vice Chairperson of the Commission.
148
(g) CONTINUATION OF MEMBERSHIP.—If a member
of the Commission later becomes an officer or employee
of any government, the individual may continue as a mem-
ber until a successor is appointed.
(h) VACANCIES.—A vacancy in the Commission shall
be filled not later than 30 days after the Commission is
informed of the vacancy in the manner in which the origi-
nal appointment was made.
(i) COMPENSATION.—
(1) NO PAY, ALLOWANCE, OR BENEFIT.—Mem-
bers of the Commission shall receive no additional
pay, allowances, or benefits by reason of their serv-
ice on the Commission.
(2) TRAVEL EXPENSES.—Each member of the
Commission shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States
Code.
SEC. 505. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.—The Chairperson shall appoint a di-
rector after consultation with the members of the Commis-
sion, who shall be paid the rate of basic pay for level V
of the Executive Schedule.
149
(b) STAFF.—With the approval of the Commission,
the director may appoint personnel as the director consid-
ers appropriate.
(c) APPLICABILITY OF CIVIL SERVICE LAWS.—The
staff of the Commission shall be appointed without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid
without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to classifica-
tion and General Schedule pay rates.
(d) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Commission, the director may procure tem-
porary and intermittent services under section 3109(b) of
title 5, United States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon the re-
quest of the Commission, the head of any Federal agency
may detail, on a reimbursable basis, any of the personnel
of that agency to the Commission to assist in carrying out
its duties under this Act.
(f) OTHER RESOURCES.—The Commission shall have
reasonable access to materials, resources, statistical data,
and other information from the Library of Congress, as
well as agencies and elected representatives of the execu-
tive and legislative branches of government. The Chair-
150
person of the Commission shall make requests in writing
where necessary.
(g) PHYSICAL FACILITIES.—The General Services
Administration shall find suitable office space for the op-
eration of the Commission. The facilities shall serve as the
headquarters of the Commission and shall include all nec-
essary equipment and incidentals required for proper func-
tioning.
SEC. 506. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may conduct pub-
lic hearings or forums at its discretion, at any time and
place it is able to secure facilities and witnesses, for the
purpose of carrying out its duties.
(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Com-
mission, take any action the Commission is authorized to
take by this section.
(c) INFORMATION.—The Commission may secure di-
rectly from any Federal agency information necessary to
enable it to carry out this Act. Upon request of the Chair-
person or Vice Chairperson of the Commission, the head
of a Federal agency shall furnish the information to the
Commission to the extent permitted by law.
(d) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or
151
devices of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the Com-
mission. Gifts, bequests, or devises of money and proceeds
from sales of other property received as gifts, bequests,
or devices shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
SEC. 507. REPORTS.
(a) MONTHLY REPORTS.—The Commission shall
submit monthly activity reports to the President and the
Congress.
(b) REPORTS.—
(1) INTERIM REPORT.—The Commission shall
submit an interim report to the President and the
Congress not later than 1 year before the termi-
nation of the Commission. The interim report shall
contain a detailed statement of the findings and con-
clusions of the Commission, together with its rec-
ommendations for legislative and administrative ac-
tion based on the Commission’s activities to date. A
strategy for disseminating the report to Federal,
State, and local authorities shall be formulated and
152
submitted with the formal presentation of the report
to the President and the Congress.
(2) FINAL REPORT.—Not later than the date of
the termination of the Commission, the Commission
shall submit to the Congress and the President a
final report with a detailed statement of final find-
ings, conclusions, and recommendations, including
an assessment of the extent to which recommenda-
tions of the Commission included in the interim re-
port under paragraph (1) have been implemented.
(c) PRINTING AND PUBLIC DISTRIBUTION.—Upon
receipt of each report of the Commission under this sec-
tion, the President shall—
(1) order the report to be printed; and
(2) make the report available to the public upon
request.
SEC. 508. TERMINATION.
The Commission shall terminate on the date which
is 2 years after the Members of the Commission have met
and designated a Chairperson and Vice Chairperson.
153
TITLE VI—CONFIDENCE IN
CRIMINAL JUSTICE SYSTEM
Subtitle A—Racial Justice Act
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ‘‘Racial Justice Act
of 1993’’.
SEC. 602. FINDINGS.
The Congress finds that—
(1) section 5 of the fourteenth amendment of
the United States Constitution calls upon Congress
to enforce the Constitution’s promise of equality
under law;
(2) equality under law is tested most profoundly
by whether a legal system tolerates race playing a
role in the determination of whether and when to
administer the ultimate penalty of death;
(3) the death penalty is being administered in
a pattern that evidences a significant risk that the
race of the defendant, or the race of the victim
against whom the crime was committed, influences
the likelihood that the defendant will be sentenced to
death;
(4) the Constitution’s guarantee of equal justice
for all is jeopardized when the death penalty is im-
posed in a pattern in which the likelihood of a death
154
sentence is affected by the race of the perpetrator or
of the victim;
(5) the United States Supreme Court has con-
cluded that the Federal judiciary is institutionally
unable to eliminate this jeopardy to equal justice in
the absence of proof that a legislature, prosecutor,
judge, or jury acted with racially invidious and dis-
criminatory motives in the case of a particular de-
fendant;
(6) the interest in ensuring equal justice under
law may be harmed, not only by decisions motivated
by explicit racial bias, but also by government rules,
policies, and practices that operate to reinforce the
subordinate status to which racial minorities were
relegated in our society;
(7) the institutional need of courts to identify
invidiously motivated perpetrators is not shared by
Congress, which is empowered by section 5 of the
fourteenth amendment to take system-wide, preven-
tive measures not only to eliminate adjudicated in-
stances of official race discrimination but also to
eradicate wide-scale patterns and practices that en-
tail an intolerable danger that persons of different
races would be treated differently; and
155
(8) the persistent racial problems pervading the
implementation of the death penalty in many parts
of this Nation require the Government of the United
States to counteract the lingering effects of racial
prejudice in order to enforce the constitutional guar-
antee of equal justice for all Americans.
SEC. 603. AMENDMENT TO TITLE 28.
(a) PROCEDURE.—Part VI of title 28, United States
Code, is amended by adding at the end thereof the follow-
ing new chapter:
‘‘CHAPTER 177—RACIALLY DISCRIMINATORY
CAPITAL SENTENCING
‘‘Sec.
‘‘2921. Definitions.
‘‘2922. Prohibition on the imposition or execution of the death penalty in a ra-
cially discriminatory pattern.
‘‘2923. Data on death penalty cases.
‘‘2924. Enforcement of the chapter.
‘‘2925. Construction of chapter.
‘‘§ 2921. Definitions
‘‘For purposes of this chapter—
‘‘(1) the term ‘a racially discriminatory pattern’
means a situation in which sentences of death are
imposed more frequently—
‘‘(A) upon persons of one race than upon
persons of another race; or
‘‘(B) as punishment for crimes against
persons of one race than as punishment for
crimes against persons of another race,
156
and the greater frequency is not explained by perti-
nent nonracial circumstances;
‘‘(2) the term ‘death-eligible crime’ means a
crime for which death is a punishment that is au-
thorized by law to be imposed under any cir-
cumstances upon a conviction of that crime;
‘‘(3) the term ‘case of death-eligible crime’
means a case in which the complaint, indictment, in-
formation, or any other initial or subsequent charg-
ing paper charges any person with a death-eligible
crime; and
‘‘(4) the term ‘Federal or State entity’ means
any State, the District of Columbia, the United
States, any territory thereof, and any subdivision or
authority of any of these entities that is empowered
to provide by law that death be imposed as punish-
ment for crime.
‘‘§ 2922. Prohibition on the imposition or execution of
the death penalty in a racially discrimi-
natory pattern
‘‘(a) PROHIBITION.—It is unlawful to impose or exe-
cute sentences of death under color of State or Federal
law in a racially discriminatory pattern. No person shall
be put to death in the execution of a sentence imposed
157
pursuant to any law if that person’s death sentence fur-
thers a racially discriminatory pattern.
‘‘(b) ESTABLISHMENT OF A PATTERN.—To establish
that a racially discriminatory pattern exists for purposes
of this chapter—
‘‘(1) ordinary methods of statistical proof shall
suffice; and
‘‘(2) it shall not be necessary to show discrimi-
natory motive, intent, or purpose on the part of any
individual or institution.
‘‘(c) PRIMA FACIE SHOWING.—(1) To establish a
prima facie showing of a racially discriminatory pattern
for purposes of this chapter, it shall suffice that death sen-
tences are being imposed or executed—
‘‘(A) upon persons of one race with a frequency
that is disproportionate to their representation
among the numbers of persons arrested for, charged
with, or convicted of, death-eligible crimes; or
‘‘(B) as punishment for crimes against persons
of one race with a frequency that is disproportionate
to their representation among persons against whom
death-eligible crimes have been committed.
‘‘(2) To rebut a prima facie showing of a racially dis-
criminatory pattern, a State or Federal entity must estab-
lish by clear and convincing evidence that identifiable and
158
pertinent nonracial factors persuasively explain the observ-
able racial disparities comprising the pattern.
‘‘§ 2923. Data on death penalty cases
‘‘(a) DESIGNATION OF AGENCY.—Any State or Fed-
eral entity that provides by law for death to be imposed
as a punishment for any crime shall designate a central
agency to collect and maintain pertinent data on the
charging, disposition, and sentencing patterns for all cases
of death-eligible crimes.
‘‘(b) RESPONSIBILITIES
OF CENTRAL AGENCY.—
Each central agency designated pursuant to subsection (a)
shall—
‘‘(1) affirmatively monitor compliance with this
chapter by local officials and agencies;
‘‘(2) devise and distribute to every local official
or agency responsible for the investigation or pros-
ecution of death-eligible crimes a standard form to
collect pertinent data;
‘‘(3) maintain all standard forms, compile and
index all information contained in the forms, and
make both the forms and the compiled information
publicly available;
‘‘(4) maintain a centralized, alphabetically in-
dexed file of all police and investigative reports
159
transmitted to it by local officials or agencies in
every case of death-eligible crime; and
‘‘(5) allow access to its file of police and inves-
tigative reports to the counsel of record for any per-
son charged with any death-eligible crime or sen-
tenced to death who has made or intends to make
a claim under section 2922 and it may also allow ac-
cess to this file to other persons.
‘‘(c) RESPONSIBILITY
OF LOCAL OFFICIAL.—(1)
Each local official responsible for the investigation or pros-
ecution of death-eligible crimes shall—
‘‘(A) complete the standard form developed pur-
suant to subsection (b)(2) on every case of death-eli-
gible crime; and
‘‘(B) transmit the standard form to the central
agency no later than 3 months after the disposition
of each such case whether that disposition is by dis-
missal of charges, reduction of charges, acceptance
of a plea of guilty to the death-eligible crime or to
another crime, acquittal, conviction, or any decision
not to proceed with prosecution.
‘‘(2) In addition to the standard form, the local offi-
cial or agency shall transmit to the central agency one
copy of all police and investigative reports made in connec-
tion with each case of death-eligible crime.
160
‘‘(d) PERTINENT DATA.—The pertinent data re-
quired in the standard form shall be designated by the
central agency but shall include, at a minimum, the follow-
ing information:
‘‘(1) Pertinent demographic information on all
persons charged with the crime and all victims (in-
cluding race, sex, age, and national origin).
‘‘(2) Information on the principal features of
the crime.
‘‘(3) Information on the aggravating and miti-
gating factors of the crime, including the back-
ground and character of every person charged with
the crime.
‘‘(4) A narrative summary of the crime.
‘‘§ 2924. Enforcement of the chapter
‘‘(a) ACTION UNDER SECTIONS 2241, 2254, OR 2255
OF THIS TITLE.—In any action brought in a court of the
United States within the jurisdiction conferred by sections
2241, 2254, or 2255, in which any person raises a claim
under section 2922—
‘‘(1) the court shall appoint counsel for any
such person who is financially unable to retain coun-
sel; and
‘‘(2) the court shall furnish investigative, expert
or other services necessary for the adequate develop-
161
ment of the claim to any such person who is finan-
cially unable to obtain such services.
‘‘(b) DETERMINATION BY A STATE COURT.—Not-
withstanding section 2254, no determination on the merits
of a factual issue made by a State court pertinent to any
claim under section 2922 shall be presumed to be correct
unless—
‘‘(1) the State is in compliance with section
2923;
‘‘(2) the determination was made in a proceed-
ing in a State court in which the person asserting
the claim was afforded rights to the appointment of
counsel and to the furnishing of investigative, expert
and other services necessary for the adequate devel-
opment of the claim which were substantially equiva-
lent to those provided by subsection (a); and
‘‘(3) the determination is one which is otherwise
entitled to be presumed to be correct under the cri-
teria specified in section 2254.
‘‘§ 2925. Construction of this chapter
‘‘Nothing contained in this chapter shall be construed
to affect in one way or the other the lawfulness of any
sentence of death that does not violate section 2922.’’.
(b) AMENDMENT TO TABLE OF CHAPTERS.—The
table of chapters of part VI of title 28, United States
162
Code, is amended by adding at the end thereof the follow-
ing new item:
‘‘177. Racially Discriminatory Capital Sentencing ............... 2921.’’.
SEC. 604. ACTIONS PRIOR TO THE DATE OF ENACTMENT.
No person shall be barred from raising any claim
under section 2922 of title 28, United States Code, as
added by this subtitle, on the ground of having failed to
raise or to prosecute the same or a similar claim before
the enactment of the Act, nor by reason of any adjudica-
tion rendered before that enactment.
Subtitle B—Racial Bias
SEC. 611. SPECIAL RULE FOR CERTAIN HABEAS CORPUS
PETITIONS RELATING TO DEATH SENTENCES.
(a) IN GENERAL.—Any existing race bias claim,
whether or not previously raised or determined, unless de-
termined on the merits in a Federal habeas corpus pro-
ceeding, may be raised in a proceeding commenced under
chapter 153 of title 28, United States Code, not later than
1 year after the date of the enactment of this Act and
shall be determined on the merits. In determining the mer-
its of that claim, the law in effect at the time of the deter-
mination shall apply.
(b) DEFINITION.—As used in this subsection, the
term ‘‘existing race bias claim’’ means a claim of race dis-
crimination, or bias on the basis of race—
163
(1) made by a person seeking relief with respect
to a sentence of death imposed before the date of
the enactment of this Act; and
(2) based on a Supreme court decision an-
nounced before such date of enactment.
Subtitle C—Minimum Sentencing
SEC. 621. MINIMUM SENTENCING.
Section 3553(e) of title 18, United States Code, is
amended to read as follows:
‘‘(e) AUTHORITY TO IMPOSE A SENTENCE BELOW A
STATUTORY MINIMUM.—Notwithstanding any statutory
minimum term of imprisonment, the court shall impose
a sentence in accordance with this section.
Subtitle D—Crack-Cocaine
Equitable Sentencing
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ‘‘Crack-Cocaine Eq-
uitable Sentencing Act of 1993’’.
SEC. 632. TRAFFICKING AMENDMENTS.
(a) 50 GRAM PENALTY.—Section 401(b)(1)(A) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) is
amended by striking clause (iii).
(b) 5 GRAM PENALTY.—Section 401(b)(1)(B) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(B)) is
amended by striking clause (iii).
164
SEC. 633. POSSESSION AMENDMENT.
Section 404(a) of the Controlled Substances Act (21
U.S.C. 844(a)) is amended by striking the sentence that
begins ‘‘Notwithstanding the preceding sentence’’.
SEC. 634. IMPORTATION AMENDMENTS.
(a) 50 GRAM PENALTY.—Section 1010(b)(1) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)) is amended by striking out subparagraph (C).
(b) 5 GRAM PENALTY.—Section 1010(b)(2) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)(2)) is amended by striking out subparagraph (C).
SEC. 635. SENTENCING COMMISSION TO AMEND GUIDE-
LINES.
Not later than 30 days after the date of the enact-
ment of this Act, the United States Sentencing Commis-
sion shall promulgate such amendments to the Sentencing
Guidelines as are necessary to conform those Guidelines
to the amendments made by this subtitle.
Subtitle E—Sentencing Uniformity
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ‘‘Sentencing Uni-
formity Act of 1993’’.
SEC. 642. AMENDMENTS TO ACHIEVE SENTENCING UNI-
FORMITY.
(a) LAWS CODIFIED IN TITLE 2 OF THE UNITED
STATES CODE.—
165
(1) Section 102 of the Revised Statutes of the
United States (2 U.S.C. 192) is amended by striking
‘‘deemed guilty’’ and all that follows through the end
of such section and inserting ‘‘fined under title 18,
United States Code, or imprisoned not more than
one year, or both.’’.
(2) Section 11 of the Federal Contested Elec-
tions Act (2 U.S.C. 390) is amended by striking
‘‘deemed guilty’’ and all that follows through the end
of such section and inserting ‘‘fined under title 18,
United States Code, or imprisoned not more than
one year, or both.’’.
(b) LAWS CODIFIED IN TITLE 7 OF THE UNITED
STATES CODE.—
(1) Section 6b of the Commodity Exchange Act
(7 U.S.C. 13a) is amended by striking ‘‘shall be
fined not more than $100,000, or imprisoned for not
less than six months nor’’ and inserting ‘‘shall be
fined under title 18, United States Code, or impris-
oned not’’.
(2) Section 6(c) of the Commodity Exchange
Act (7 U.S.C. 13b) is amended by striking ‘‘shall be
fined’’ and all that follows through ‘‘not less than
six months nor’’ and inserting ‘‘shall be fined under
title 18, United States Code, or imprisoned not’’.
166
(3) Section 205(3) of the Packers and Stock-
yards Act, 1921 (7 U.S.C. 195) is amended by strik-
ing ‘‘on conviction’’ and all that follows through
‘‘five years’’ and inserting ‘‘be fined under title 18,
United States Code, or imprisoned not more than 5
years’’.
(4) Section 15(b)(1) of the Food Stamp Act of
1977 (7 U.S.C. 2024(b)(1)) is amended by striking
‘‘less than six months nor’’.
(5) Section 15(c) of the Food Stamp Act of
1977 (7 U.S.C. 2024(c)) is amended by striking
‘‘less than one year nor’’.
(c) LAWS CODIFIED IN TITLE 12 OF THE UNITED
STATES CODE.—Section 25A of the Federal Reserve Act
(12 U.S.C. 617 and 630) is amended—
(1) by striking ‘‘liable to a fine’’ and all that
follows through ‘‘five years, or both, in the discretion
of the court’’ and inserting ‘‘fined under title 18,
United States Code, or imprisoned not more than 5
years, or both’’; and
(2) by striking ‘‘upon conviction thereof’’ and
all that follows through ‘‘$5,000, in the discretion of
the court’’ and inserting ‘‘be fined under title 18,
United States Code, or imprisoned not more than 10
years, or both’’.
167
(d) LAWS CODIFIED IN TITLE 15 OF THE UNITED
STATES CODE.—
(1) Section 73 of the Wilson Tariff Act (15
U.S.C. 8) is amended by striking ‘‘is guilty of a mis-
demeanor’’ and all that follows through ‘‘twelve
months’’ and inserting ‘‘shall be fined under title 18,
United States Code, or imprisoned not more than
one year, or both’’.
(2) Section 7(b) of the Act of August 12, 1958
(15 U.S.C. 1245(b)) is amended by striking ‘‘not
less than five years and’’.
(e) LAWS CODIFIED IN TITLE 16 OF THE UNITED
STATES CODE.—Section 2 of the Act of March 3, 1897
(16 U.S.C. 414) is amended by striking ‘‘guilty of a mis-
demeanor’’ and all that follows through the end of such
section and inserting ‘‘fined under title 18, United States
Code, or imprisoned not more than 30 days, or both.’’.
(f) AMENDMENTS TO TITLE 18 OF THE UNITED
STATES CODE.—
(1) Section 3561(a) of title 18, United States
Code, is amended to read as follows:
‘‘(a) IN GENERAL.—A defendant who has been found
guilty of an offense may be sentenced to a term of proba-
tion unless the defendant is sentenced at the same time
168
to a term of imprisonment for the same or different of-
fense.’’.
(2) Section 225(a) of title 18, United States
Code, is amended by striking ‘‘for a term’’ and all
that follows through ‘‘life’’ and inserting ‘‘for any
term or years or for life, or both’’.
(3) Section 844(h) of title 18, United States
Code, is amended—
(A) by inserting ‘‘not more than’’ before
‘‘five years’’;
(B) by inserting ‘‘not more than’’ before
‘‘ten years’’; and
(C) by striking ‘‘the court shall not place’’
and all that follows through ‘‘imposed under
this subsection’’ and inserting ‘‘a term imposed
under this subsection shall not’’.
(4) Section 924(c)(1) of title 18, United States
Code, is amended—
(A) by inserting ‘‘not more than’’ before
‘‘five years’’;
(B) by inserting ‘‘not more than’’ before
‘‘ten years’’;
(C) by inserting ‘‘not more than’’ before
‘‘thirty years’’;
169
(D) by inserting ‘‘not more than’’ before
‘‘twenty years’’;
(E) by striking ‘‘without release’’ and in-
serting ‘‘or to imprisonment for any term of
years’’;
(F) by striking ‘‘the court shall not place’’
and all that follows through ‘‘imposed under
this subsection’’ and inserting ‘‘a term imposed
under this subsection shall not’’; and
(G) by striking the last sentence.
(5) Section 924(e)(1) of title 18, United States
Code, is amended by striking ‘‘not less than fifteen
years’’ and all that follows through the end of para-
graph (1) and inserting ‘‘any term of years.’’
(6) Section 929 of title 18, United States Code,
is amended—
(A) in subsection (a)(1), by striking ‘‘not
less than five years’’ and inserting ‘‘any term of
years’’;
(B) in subsection (b), by striking ‘‘the
court shall not’’ and all that follows through
‘‘the terms of imprisonment’’ and inserting ‘‘a
term of imprisonment under this section shall
not’’; and
170
(C) by striking the last sentence of sub-
section (b).
(7) Section 1091(b)(1) of title 18, United
States Code, is amended by inserting ‘‘any term of
years or for’’ before ‘‘life’’.
(8) Section 1111(b) of title 18, United States
Code, is amended by inserting ‘‘any term of years or
for’’ before ‘‘life’’ the first place it appears.
(9) Section 1116(a) of title 18, United States
Code, is amended by inserting ‘‘any term of years or
for’’ before ‘‘life’’.
(10) Section 1651 of title 18, United States
Code, is amended by inserting ‘‘any term of years or
for’’ before ‘‘life’’.
(11) Section 1652 of title 18, United States
Code, is amended by inserting ‘‘any term of years or
for’’ before ‘‘life’’.
(12) Section 1653 of title 18, United States
Code, is amended by inserting ‘‘any term of years or
for’’ before ‘‘life’’.
(13) Section 1655 of title 18, United States
Code, is amended by inserting ‘‘any term of years or
for’’ before ‘‘life’’.
(14) Section 1658 of title 18, United States
Code, is amended by striking ‘‘not less than ten
171
years and may be imprisoned’’ and inserting ‘‘for
any term or years or’’.
(15) Section 1661 of title 18, United States
Code, is amended by striking ‘‘, for each offense’’
and all that follows through ‘‘days nor’’ and insert-
ing ‘‘be fined under this title, or imprisoned not’’.
(16) Section 2113(e) of title 18, United States
Code, is amended by striking ‘‘not less than ten
years’’ and inserting ‘‘for any term or years or for
life’’.
(17) Section 2251(d) of title 18, United States
Code, is amended by striking ‘‘less than five years
nor’’.
(18) Section 2251A of title 18, United States
Code, is amended by striking ‘‘not less than 20
years’’ each place it appears and inserting ‘‘any
term of years’’.
(19) Section 2252(b)(1) of title 18, United
States Code, is amended by striking ‘‘less than five
years nor’’.
(20) Section 2257(i) of title 18, United States
Code, is amended by striking ‘‘imprisoned for any
period’’ and all that follows through the end of sub-
section (i) and inserting ‘‘fined under this title or
imprisoned for not more than 5 years, or both.’’.
172
(21) Section 2381 of title 18, United States
Code, is amended—
(A) by striking ‘‘not less than $10,000’’
and inserting ‘‘under this title’’; and
(B) by striking ‘‘not less than five years’’
and inserting ‘‘for life or for any term of
years’’.
(g) AMENDMENT TO LAW CODIFIED IN TITLE 19 OF
THE UNITED STATES CODE.—Section 3113 of the Re-
vised Statutes of the United States (19 U.S.C. 283) is
amended by striking ‘‘not less than three months, and’’.
(h) AMENDMENTS TO LAWS CODIFIED IN TITLE 21
OF THE UNITED STATES CODE.—
(1) Section 11 of the Act of March 3, 1915 (21
U.S.C. 212) is amended by striking ‘‘deemed guilty
of a misdemeanor’’ and all that follows through
‘‘discretion of the court’’ and inserting ‘‘fined under
title 18, United States Code, or imprisoned not more
than 60 days, or both’’.
(2) Section 22 of the Federal Meat Inspection
Act (21 U.S.C. 622) is amended—
(A) by striking ‘‘deemed guilty of a felony’’
the first place it appears and all that follows
through ‘‘three years’’ and inserting ‘‘fined
173
under title 18, United States Code, or impris-
oned not more than 3 years, or both’’; and
(B) by striking ‘‘deemed guilty of a felony’’
the second place it appears and all that follows
through the end of the section, and inserting
‘‘summarily discharged from office and shall be
fined under title 18, United States Code, or im-
prisoned not more than 3 years, or both.’’.
(3) Section 401(b)(1) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1) is amended—
(A) in subparagraph (A)—
(i) by striking ‘‘which may not be less
than 10 years or’’ and all that follows
through ‘‘20 years or more than’’ and in-
serting ‘‘of any term of years or for’’;
(ii) by striking ‘‘which may not be less
than 20 years and not more than life im-
prisonment’’ and inserting ‘‘of any term of
years or for life’’;
(iii) by striking ‘‘and if death’’ the
second place it appears and all that follows
through ‘‘life imprisonment,’’ and inserting
a comma;
(iv) by striking ‘‘without release’’ and
inserting ‘‘or for any term of years’’; and
174
(v) by striking the last two sentences;
(B) in subparagraph (B)—
(i) by striking ‘‘less than 5 years and
not’’;
(ii) by striking ‘‘not less than 20
years or more than life’’ and inserting ‘‘for
life or any term of years’’;
(iii) by striking ‘‘less than 10 years
and not’’;
(iv) by striking ‘‘life imprisonment, a
fine’’ and inserting ‘‘imprisonment for life
or any term of years, a fine’’; and
(v) by striking the last two sentences;
and
(C) in subparagraph (C), by striking ‘‘less
than twenty years or’’.
(4) Section 404 of the Controlled Substances
Act (21 U.S.C. 844) is amended—
(A) by striking ‘‘not less than 15 days
but’’;
(B) by striking ‘‘a minimum of $2,500’’
and inserting ‘‘under this title’’;
(C) by striking ‘‘not less than 90 days
but’’;
175
(D) by striking ‘‘a minimum of $5,000’’
and inserting ‘‘under this title’’;
(E) by striking ‘‘not less than 5 years
and’’;
(F) by striking ‘‘a minimum of $1,000’’
each place it appears and inserting ‘‘under this
title’’; and
(G) by striking the sentence beginning
‘‘The imposition’’;
(5) Section 408 of the Controlled Substances
Act (21 U.S.C. 848) is amended—
(A) in subsection (a), by striking ‘‘which
may not be less’’ and all that follows through
‘‘up to’’ each place they appear and inserting
‘‘for any term of years or to’’;
(B) in subsection (b), by inserting ‘‘any
term of years or for’’ before ‘‘life’’ and
(C) by striking subsection (d).
(6) Section 408(e) of the Controlled Substances
Act (21 U.S.C. 848(e)) is amended—
(A) by striking out ‘‘any term of imprison-
ment’’ each place it appears and inserting ‘‘a
term of imprisonment’’; and
(B) by striking ‘‘which shall not be less’’
and all that follows through ‘‘up to life impris-
176
onment’’ each place they appear and inserting
‘‘for life or any term of years’’.
(7) Section 418 of the Controlled Substances
Act (21 U.S.C. 859) is amended—
(A) by striking each sentence beginning
with ‘‘Except to the extent’’; and
(B) by striking the sentence at the end of
subsection (a) that begins with ‘‘The mandatory
minimum’’.
(8) Section 419 of the Controlled Substances
Act (21 U.S.C. 860) is amended—
(A) in each of subsections (a) and (b), by
striking the sentence beginning with ‘‘Except to
the extent’’; and
(B) by striking the sentence at the end of
subsection (a) that begins with ‘‘The mandatory
minimum’’;
(C) in subsection (b), by striking ‘‘of not
less than three years and not more than life im-
prisonment’’ and inserting ‘‘for life or any term
or years’’; and
(D) by striking subsection (c).
(9) Section 420 of the Controlled Substances
Act (21 U.S.C. 861) is amended—
177
(A) in subsection (b), by striking the last
sentence;
(B) in subsection (c), by striking the pe-
nultimate sentence; and
(C) by striking subsection (e).
(10) Section 1010(b) of the Controlled Sub-
stances Act (21 U.S.C. 960(b) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘of not less than 10
years and’’ and all that follows through
‘‘20 years and not more than life,’’ the
first place it appears and inserting ‘‘for life
or any term of years,’’;
(ii) by striking ‘‘of not less than 20
years and not more than life imprison-
ment’’ and inserting ‘‘for life or any term
of years’’;
(iii) by striking ‘‘and if death’’ and all
that follows through ‘‘life imprisonment,’’
and inserting a comma; and
(iv) by striking the last two sentences;
(B) in paragraph (2)—
(i) by striking ‘‘not less than 5 years
and’’;
178
(ii) by striking ‘‘not less than twenty
years and’’;
(iii) by striking ‘‘not less than 10
years and’’; and
(iv) by striking the last sentence; and
(C) in paragraph (3), by striking ‘‘not less
than twenty years and’’.
(i) AMENDMENT TO LAW CODIFIED IN TITLE 22 OF
THE UNITED STATES CODE.—Section 1750 of the Re-
vised Statutes of the United States (22 U.S.C. 4221) is
amended by striking ‘‘nor less than one year’’.
(j) AMENDMENTS TO LAWS CODIFIED IN TITLE 33
OF THE UNITED STATES CODE.—
(1) Section 2 of the Act of May 9, 1900 (33
U.S.C. 410) is amended by striking ‘‘any violation
thereof’’ and all that follows through ‘‘committed
against the United States’’ and inserting ‘‘whoever
violates any such rule or regulation shall be fined
under title 18, United States Code, or imprisoned
not more than one year, or both’’.
(2) Section 16 of the Act of March 3, 1899 (33
U.S.C. 411) is amended by striking ‘‘shall be guilty’’
and all that follows through ‘‘discretion of the
court’’ and inserting ‘‘shall be fined under title 18,
179
United States Code, or imprisoned not more than
one year, or both’’.
(3) Section 1 of the Act of June 29, 1888 (33
U.S.C. 441) is amended—
(A) by striking ‘‘and every such act is
made a misdemeanor,’’; and
(B) by striking ‘‘, upon conviction’’ and all
that follows through ‘‘obtained shall decide’’
and inserting ‘‘be fined under title 18, United
States Code, or imprisoned not more than one
year, or both’’.
(4) Section 3 of the Act of June 29, 1888 (33
U.S.C. 447) is amended by striking ‘‘, on convic-
tion’’ and all that follows through ‘‘one year’’ and
inserting ‘‘be fined under title 18, United States
Code, or imprisoned not more than one year, or
both’’.
(k) AMENDMENT TO LAW CODIFIED IN TITLE 45 OF
THE UNITED STATES CODE.—Section 15 of the Act of
July 2, 1864 (45 U.S.C. 83) is amended by striking
‘‘deemed guilty’’ and all that follows through ‘‘six months’’
and inserting ‘‘fined under title 18, United States Code,
or imprisoned not more than 6 months, or both’’.
(l) AMENDMENT TO LAW IN TITLE 46 OF THE UNIT-
ED STATES CODE AND ITS APPENDIX.—Section 806(b)
180
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1228)
is amended by striking ‘‘less than one year or’’.
(m) AMENDMENTS TO LAWS CODIFIED IN TITLE 47
OF THE UNITED STATES CODE.—
(1) Section 5 of the Act of August 7, 1888 (47
U.S.C. 13) is amended by striking ‘‘guilty of a mis-
demeanor’’ and all that follows through ‘‘less than
six months’’ and inserting ‘‘fined under title 18,
United States Code, or imprisoned not more than 6
months, or both’’.
(2) Section 220(e) of the Communications Act
of 1934 (47 U.S.C. 220(e)) is amended by striking
‘‘deemed guilty’’ and all that follows through ‘‘That
the’’ and inserting ‘‘fined under title 18, United
States Code, or imprisoned not more than 3 years,
or both. However, the’’.
(n) AMENDMENTS TO LAWS IN TITLE 49 OF THE
UNITED STATES CODE AND ITS APPENDIX.—
(1) Section 11911 of title 49, United States
Code, is amended—
(A) in subsection (a)—
(i) by striking ‘‘at least $1,000 but’’;
and
(ii) by striking ‘‘at least one year
but’’; and
181
(B) in subsection (b)—
(i) by striking ‘‘at least $1,000 but’’;
and
(ii) by striking ‘‘at least one year
but’’.
(2) Section 902(i)(1) of the Federal Aviation
Act of 1958 (49 U.S.C. App. 1472(i)(1)) is amend-
ed—
(A) by striking ‘‘not less than 20 years’’
and inserting ‘‘any term of years’’; and
(B) by inserting ‘‘or for any term of years’’
after ‘‘imprisonment for life’’.
Subtitle F—Coerced Confessions
and Harmless Error
SEC. 651. COERCED CONFESSIONS AND HARMLESS ERROR.
If, on direct or collateral review of a Federal or State
criminal judgment, including an action pursuant to chap-
ter 153, title 28, United States Code, any court of the
United States determines that a Federal or State criminal
conviction or sentence was obtained in violation of the
United States Constitution, the court shall award relief
unless, in the case of a violation that can be harmless,
the Federal Government or the State concerned proves,
beyond a reasonable doubt, that the error did not contrib-
ute to the conviction or sentence. The admission into evi-
182
dence of a coerced confession shall not be considered
harmless error. For purposes of this section, a confession
is coerced if it is elicited involuntarily in violation of the
fifth or fourteenth articles of amendment to the Constitu-
tion of the United States.
TITLE VII—FISCAL IMPACT OF
CRIMINAL JUSTICE SENTENC-
ING
SEC. 701. CRIMINAL JUSTICE IMPACT STATEMENT.
(a) IN GENERAL.—The Congressional Budget Office
shall prepare a criminal justice impact assessment for any
bill, joint resolution, amendment, motion, or conference re-
port that could increase or decrease the number of persons
incarcerated in State or Federal penal institutions.
(b) CONTENTS.—A criminal justice impact assess-
ment shall include—
(1) an estimate of the costs which would be in-
curred in carrying out the bill, joint resolution,
amendment, motion, or conference report in the cur-
rent fiscal year and in each of the five succeeding
fiscal years, including the costs associated with—
(A) prison, probation, and post-prison su-
pervision services;
(B) the Department of Justice;
183
(C) the judiciary, including the expense of
additional panel attorneys and jurors; and
(D) any other significant factor affecting
the cost of the measure and its impact on the
operations of components of the criminal justice
system; and
(2) a description of the methodologies, sources,
and assumptions utilized in estimating each of these
categories.
(c) PREPARATION.—The Congressional Budget Of-
fice shall prepare a statement—
(1) not more than 7 days after a bill or con-
ference report is reported out of committee; or
(2) not more than 7 days after a bill, amend-
ment, or motion is submitted to the Congressional
Budget Office for evaluation by the sponsor.
In preparing a statement, the Congressional Budget Office
shall draw upon all relevant sources of information, includ-
ing the Administrative Office of the Courts, the Bureau
of Prisons, the United States Sentencing Commission, Of-
fice of Justice Programs, and, where appropriate, non-gov-
ernmental agencies.
SEC. 702. POINT OF ORDER.
It shall not be in order in either the House of Rep-
resentatives or the Senate to consider any bill, joint resolu-
184
tion, amendment, motion, or conference report that would
increase or decrease the number of persons incarcerated
in State or Federal penal institutions unless such bill,
joint resolution, amendment, motion, or conference report
is accompanied by a criminal justice impact statement pre-
pared by the Congressional Budget Office.
SEC. 703. REPORT.
The Congressional Budget Office shall prepare and
transmit to the Congress, by March 1 of each year, a sum-
mary report reflecting the cumulative fiscal effect of all
relevant changes in the law that will increase or decrease
the number of persons incarcerated in State or Federal
penal institutions taking effect during the preceding cal-
endar year.
TITLE VIII—HABEAS CORPUS
REFORM
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Habeas Corpus Re-
form Act of 1993’’.
SEC. 802. STATUTE OF LIMITATIONS.
Section 2254 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(g)(1) In the case of an applicant under sentence
of death, any application for habeas corpus relief under
185
this section must be filed in the appropriate district court
not later than 1 year after—
‘‘(A) the date of denial of a writ of certiorari,
if a petition for a writ of certiorari to the highest
court of the State on direct appeal or unitary review
of the conviction and sentence is filed, within the
time limits established by law, in the Supreme
Court;
‘‘(B) the date of issuance of the mandate of the
highest court of the State on direct appeal or uni-
tary review of the conviction and sentence, if a peti-
tion for a writ of certiorari is not filed, within the
time limits established by law, in the Supreme
Court; or
‘‘(C) the date of issuance of the mandate of the
Supreme Court, if on a petition for a writ of certio-
rari the Supreme Court grants the writ and disposes
of the case in a manner that leaves the capital sen-
tence undisturbed.
‘‘(2) The time requirements established by this sec-
tion shall be tolled—
‘‘(A) during any period in which the State has
failed to provide counsel as required in section 2257
of this chapter;
186
‘‘(B) during the period from the date the appli-
cant files an application for State postconviction re-
lief until final disposition of the application by the
State appellate courts, if all filing deadlines are met;
and
‘‘(C) during an additional period not to exceed
90 days, if counsel moves for an extension in the
district court that would have jurisdiction of a ha-
beas corpus application and makes a showing of
good cause.’’.
SEC. 803. STAYS OF EXECUTION IN CAPITAL CASES.
Section 2251 of title 28, United States Code, is
amended—
(1) by inserting ‘‘(a)(1)’’ before the first para-
graph;
(2) by inserting ‘‘(2)’’ before the second para-
graph; and
(3) by adding at the end the following:
‘‘(b) In the case of an individual under sentence of
death, a warrant or order setting an execution shall be
stayed upon application to any court that would have ju-
risdiction over an application for habeas corpus under this
chapter. The stay shall be contingent upon reasonable dili-
gence by the individual in pursuing relief with respect to
such sentence and shall expire if—
187
‘‘(1) the individual fails to apply for relief
under this chapter within the time requirements es-
tablished by section 2254(g) of this chapter;
‘‘(2) upon completion of district court and court
of appeals review under section 2254 of this chapter,
the application is denied and—
‘‘(A) the time for filing a petition for a
writ of certiorari expires before a petition is
filed;
‘‘(B) a timely petition for a writ of certio-
rari is filed and the Supreme Court denies the
petition; or
‘‘(C) a timely petition for certiorari is filed
and, upon consideration of the case, the Su-
preme Court disposes of it in a manner that
leaves the capital sentence undisturbed; or
‘‘(3) before a court of competent jurisdiction, in
the presence of counsel qualified under section 2257
of this chapter and after being advised of the con-
sequences of the decision, an individual waives the
right to pursue relief under this chapter.’’.
SEC. 804. LAW APPLICABLE.
(a) IN GENERAL.—Chapter 153 of title 28, United
States Code, is amended by adding at the end the follow-
ing:
188
‘‘§ 2256. Law applicable
‘‘(a) Except as provided in subsection (b), in an ac-
tion under this chapter, the court shall not apply a new
rule.
‘‘(b) A court shall apply a new rule, if the new rule—
‘‘(1) places the claimant’s conduct beyond the
power of the criminal law-making authority to pro-
scribe or punish with the sanction imposed; or
‘‘(2) requires the observance of procedures
without which the likelihood of an accurate convic-
tion or valid capital sentence is seriously diminished.
‘‘(c) As used in this section, the term ‘new rule’
means a clear break from precedent, announced by the
Supreme Court of the United States, that could not rea-
sonably have been anticipated at the time the claimant’s
sentence became final in State court. A rule is not ‘new’
merely because it was not dictated or compelled by the
precedents existing at that time or because, at that time,
it was susceptible to debate among reasonable minds.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 153 of title 28, United States
Code, is amended by adding at the end the following:
‘‘2256. Law applicable.’’.
189
SEC. 805. COUNSEL IN CAPITAL CASES; STATE COURT.
(a) IN GENERAL.—Chapter 153 of title 28, United
States Code, is amended by adding after the provision
added by section 804 of this subtitle the following:
‘‘§ 2257. Counsel in capital cases; State court
‘‘(a) Notwithstanding section 2254(d) of this chapter,
the court in an action under this chapter shall neither pre-
sume a finding of fact made in a State court proceeding
specified in subsection (b)(1) of this section to be correct
nor decline to consider a claim on the ground that it was
not raised in such a proceeding at the time or in the man-
ner prescribed by State law, unless—
‘‘(1) the relevant State maintains a mechanism
for providing legal services to indigents in capital
cases that meets the specifications in subsection (b)
of this section;
‘‘(2) if the applicant in the instant case was eli-
gible for the appointment of counsel and did not
waive such an appointment, the State actually ap-
pointed an attorney or attorneys to represent the ap-
plicant in the State proceeding in which the finding
of fact was made or the default occurred; and
‘‘(3) the attorney or attorneys so appointed
substantially met both the qualification standards
specified in subsection (b)(3)(A) or (b)(4) of this
190
section and the performance standards established
by the appointing authority.
‘‘(b) A mechanism for providing legal services to
indigents within the meaning of subsection (a)(1) of this
section shall include the following elements:
‘‘(1) The State shall provide legal services to—
‘‘(A) indigents charged with offenses for
which capital punishment is sought;
‘‘(B) indigents who have been sentenced to
death and who seek appellate, collateral, or uni-
tary review in State court; and
‘‘(C) indigents who have been sentenced to
death and who seek certiorari review of State
court judgments in the United States Supreme
Court.
‘‘(2) The State shall establish a counsel author-
ity, which shall be—
‘‘(A) a statewide defender organization;
‘‘(B) a resource center; or
‘‘(C) a counsel authority appointed by the
highest State court having jurisdiction over
criminal matters, consisting of members of the
bar with substantial experience in, or commit-
ment to, the representation of criminal defend-
ants in capital cases, and comprised of a bal-
191
anced representation from each segment of the
State’s criminal defense bar.
‘‘(3) The counsel authority shall—
‘‘(A) publish a roster of attorneys qualified
to be appointed in capital cases, procedures by
which attorneys are appointed, and standards
governing qualifications and performance of
counsel, which shall include—
‘‘(i) knowledge and understanding of
pertinent legal authorities regarding issues
in capital cases; and
‘‘(ii) skills in the conduct of negotia-
tions and litigation in capital cases, the in-
vestigation of capital cases and the psy-
chiatric history and current condition of
capital clients, and the preparation and
writing of legal papers in capital cases;
‘‘(B) monitor the performance of attorneys
appointed and delete from the roster any attor-
ney who fails to meet qualification and perform-
ance standards; and
‘‘(C) appoint a defense team, which shall
include at least 2 attorneys, to represent a cli-
ent at the relevant stage of proceedings, within
192
30 days after receiving notice of the need for
the appointment from the relevant State court.
‘‘(4) An attorney who is not listed on the roster
shall be appointed only on the request of the client
concerned and in circumstances in which the attor-
ney requested is able to provide the client with qual-
ity legal representation.
‘‘(5) No counsel appointed pursuant to this sec-
tion to represent a prisoner in State postconviction
proceedings shall have previously represented the
prisoner at trial or on direct appeal in the case for
which the appointment is made, unless the prisoner
and counsel expressly request continued representa-
tion.
‘‘(6) The ineffectiveness or incompetence of
counsel appointed pursuant to this section during
State or Federal postconviction proceedings shall not
be a ground for relief in a proceeding arising under
section 2254 of this title. This limitation shall not
preclude the appointment of different counsel at any
phase of State or Federal postconviction proceed-
ings.
‘‘(7) Upon receipt of notice from the counsel
authority that an individual entitled to the appoint-
ment of counsel under this section has declined to
193
accept such an appointment, the court requesting
the appointment shall conduct, or cause to be con-
ducted, a hearing, at which the individual and coun-
sel proposed to be appointed under this section shall
be present, to determine the individual’s competency
to decline the appointment, and whether the individ-
ual has knowingly and intelligently declined it.
‘‘(8) Attorneys appointed pursuant to this sec-
tion shall be compensated on an hourly basis pursu-
ant to a schedule of hourly rates as periodically es-
tablished by the counsel authority after consultation
with the highest State court with jurisdiction over
criminal matters. Appointed counsel shall be reim-
bursed for expenses reasonably incurred in rep-
resenting the client, including the costs of law clerks,
paralegals, investigators, experts, or other support
services.
‘‘(9) Support services for staff attorneys of a
defender organization or resource center shall be
equal to the services listed in paragraph (8).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 153 of title 28, United States
Code, is amended by adding after the provision added by
section 804 the following:
‘‘2257. Counsel in capital cases; State court.’’.
194
SEC. 806. SUCCESSIVE FEDERAL PETITIONS.
Section 2244(b) of title 28, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by inserting ‘‘, in the case of an applicant
not under sentence of death,’’ after ‘‘When’’; and
(3) by adding at the end the following:
‘‘(2) In the case of an applicant under sentence
of death, a claim presented in a second or successive
application, that was not presented in a prior appli-
cation under this chapter, shall be dismissed un-
less—
‘‘(A) the applicant shows that—
‘‘(i) the basis of the claim could not
have been discovered by the exercise of
reasonable diligence before the applicant
filed the prior application; or
‘‘(ii) the failure to raise the claim in
the prior application was due to action by
State officials in violation of the Constitu-
tion of the United States; and
‘‘(B) the facts underlying the claim would
be sufficient, if proven, to undermine the
court’s confidence in the applicant’s guilt of the
offense or offenses for which the capital sen-
195
tence was imposed, or in the validity of that
sentence under Federal law.’’.
SEC. 807. CERTIFICATES OF PROBABLE CAUSE.
The third paragraph of section 2253, of title 28,
United States Code, is amended to read as follows:
‘‘An appeal may not be taken to the court of
appeals from the final order in a habeas corpus pro-
ceeding where the detention complained of arises out
of process issued by a State court, unless the justice
or judge who rendered the order or a circuit justice
or judge issues a certificate of probable cause. How-
ever, an applicant under sentence of death shall have
a right of appeal without a certification of probable
cause, except after denial of a second or successive
application.’’.
SEC. 808. DUTIES OF THE DISTRICT COURT.
Section 2254(a) of title 28, United States Code, is
amended by adding at the end the following:
‘‘In adjudicating the merits of any such ground,
the court shall exercise independent judgment in
ascertaining the pertinent Federal legal standards
and in applying those standards to the facts and
shall not defer to a previous State court judgment
regarding a Federal legal standard or its application.
Upon request, the court shall permit the parties to
196
present evidence regarding material facts that were
not adequately developed in State court. The court
shall award relief with respect to any meritorious
constitutional ground, unless, in the case of a viola-
tion that can be harmless, the respondent shows that
the error was harmless beyond a reasonable doubt.’’.
SEC. 809. CLAIMS OF INNOCENCE.
(a) IN GENERAL.—Chapter 153 of title 28, United
States Code, is amended by adding after the provision
added by section 805 of this subtitle the following:
‘‘§ 2258. Claims of innocence
‘‘(a) At any time, and notwithstanding any other pro-
vision of law, a district court shall issue habeas corpus
relief on behalf of an applicant under sentence of death,
imposed either in Federal or in State court, who offers
credible newly discovered evidence which, had it been pre-
sented to the trier of fact or sentencing authority at trial,
would probably have resulted in—
‘‘(1) an acquittal of the offense for which the
death sentence was imposed; or
‘‘(2) a sentence other than death.
‘‘(b) An application filed pursuant to subsection (a)
shall offer substantial evidence which, if credible, would
establish one of the standards in subsection (a)(1) or (2).
An application that fails to do so may be dismissed.
197
‘‘(c) If the court concludes that an application meets
the requirements in subsection (b), the court shall—
‘‘(1) order the respondent to file an answer;
‘‘(2) permit the parties to conduct reasonable
discovery;
‘‘(3) conduct a hearing to resolve disputed is-
sues of fact; and
‘‘(4) upon request, issue a stay of execution
pending further proceedings in the district court and
on direct review of the district court’s judgment.
‘‘(d) If the court concludes that the applicant meets
the standards established by subsection (a)(1) or (2), the
court shall order his or her release, unless a new trial or,
in an appropriate case, a new sentencing proceeding, is
conducted within a reasonable time.
‘‘(e) If the court determines that the applicant is cur-
rently entitled to pursue other available and effective rem-
edies in either State or Federal court, the court may, at
the request of either party, suspend its consideration of
the application under this section until the applicant has
exhausted those remedies. A stay issued pursuant to sub-
section (c) shall remain in effect during such a suspension.
‘‘(f) An application under this section may be consoli-
dated with any other pending application under this chap-
ter, filed by the same applicant.’’.
198
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 153 of title 28, United States
Code, is amended by adding after the provision added by
section 805 of this subtitle the following:
‘‘2258. Claims of innocence.’’.
SEC. 810. PROCEDURAL DEFAULT IN STATE COURT.
Section 2254 of title 28, United States Code, is
amended by adding the following:
‘‘(h)(1) A district court shall decline to consider a
claim under this section if—
‘‘(A) the applicant previously failed to raise the
claim in State court at the time and in the manner
prescribed by State law; the State courts, for that
reason, refused or would refuse to entertain the
claim; such refusal would constitute an adequate and
independent State law ground that would foreclose
direct review of the State court judgment in the Su-
preme Court of the United States; and
‘‘(B) the applicant fails to show cause for the
failure to raise the claim in State court and preju-
dice to the applicant’s right to fair proceedings or to
an accurate outcome resulting from the alleged viola-
tion of the Federal right asserted, or that failure to
consider the claim would result in a miscarriage of
justice.
199
‘‘(2) The court shall not find cause in any case in
which it appears that the applicant or counsel deliberately
withheld a claim from the State courts for strategic pur-
poses. An applicant may establish cause by showing that—
‘‘(A) the factual basis of the claim could not
have been discovered by the exercise of reasonable
diligence before the applicant could have raised the
claim in State court;
‘‘(B) the claim relies on a decision of the Su-
preme Court of the United States, announced after
the applicant might have raised the claim in State
court; or
‘‘(C) the failure to raise the claim in State
court was due to interference by State officials,
counsel’s ignorance or neglect, or counsel’s ineffec-
tive assistance in violation of the Constitution.’’.
TITLE IX—GUN CONTROL
Subtitle A—Firearms
SEC. 901. FEDERAL FIREARMS LICENSEE REQUIRED TO
CONDUCT CRIMINAL BACKGROUND CHECK
BEFORE 
TRANSFER 
OF 
FIREARM 
TO
NONLICENSEE.
(a) INTERIM PROVISION.—
200
(1) IN
GENERAL.—Section 922 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘(s)(1) Beginning on the date that is 90 days after
the date of enactment of this subsection and ending on
the day before the date that the Attorney General certifies
under section 902(d)(1) of the Crime Prevention and
Criminal Justice Reform Act that the national instant
criminal background check system is established (except
as provided in paragraphs (2) and (3) of such section),
it shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
a handgun to an individual who is not licensed under sec-
tion 923, unless—
‘‘(A) after the most recent proposal of such
transfer by the transferee—
‘‘(i) the transferor has—
‘‘(I) received from the transferee a
statement of the transferee containing the
information described in paragraph (3);
‘‘(II) verified the identity of the trans-
feree by examining the identification docu-
ment presented;
‘‘(III) within 1 day after the trans-
feree furnishes the statement, provided no-
201
tice of the contents of the statement to the
chief law enforcement officer of the place
of residence of the transferee; and
‘‘(IV) within 1 day after the trans-
feree furnishes the statement, transmitted
a copy of the statement to the chief law
enforcement officer of the place of resi-
dence of the transferee; and
‘‘(ii)(I) 7 business days (as defined by days
in which State offices are open) have elapsed
from the date the transferor furnished notice of
the contents of the statement to the chief law
enforcement officer, during which period the
transferor has not received information from
the chief law enforcement officer that receipt or
possession of the handgun by the transferee
would be in violation of Federal, State, or local
law; or
‘‘(II) the transferor has received notice
from the chief law enforcement officer that the
officer has no information indicating that re-
ceipt or possession of the handgun by the trans-
feree would violate Federal, State, or local law;
‘‘(B) the transferee has presented to the trans-
feror a written statement, issued by the chief law en-
203
formation available to such official does not indicate
that possession of a handgun by the transferee
would be in violation of law, except that this sub-
paragraph shall not apply to a State that, on the
date of certification pursuant to section 902(d) of
the Crime Prevention and Criminal Justice Reform
Act, is not in compliance with the timetable estab-
lished pursuant to section 902(c) of such Act;
‘‘(E) the Secretary has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
‘‘(F) on application of the transferor, the Sec-
retary has certified that compliance with subpara-
graph (A)(i)(III) is impracticable because—
‘‘(i) the ratio of the number of law enforce-
ment officers of the State in which the transfer
is to occur to the number of square miles of
land area of the State does not exceed 0.0025;
‘‘(ii) the business premises of the trans-
feror at which the transfer is to occur are ex-
tremely remote in relation to the chief law en-
forcement officer; and
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in
which the business premises are located.
204
‘‘(2) A chief law enforcement officer to whom a trans-
feror has provided notice pursuant to paragraph
(1)(A)(i)(III) shall make a reasonable effort to ascertain
within 5 business days whether the transferee has a crimi-
nal record or whether there is any other legal impediment
to the transferee’s receiving a handgun, including research
in whatever State and local recordkeeping systems are
available and in a national system designated by the Attor-
ney General.
‘‘(3) The statement referred to in paragraph
(1)(A)(i)(I) shall contain only—
‘‘(A) the name, address, and date of birth ap-
pearing on a valid identification document (as de-
fined in section 1028(d)(1)) of the transferee con-
taining a photograph of the transferee and a de-
scription of the identification used;
‘‘(B) a statement that transferee—
‘‘(i) is not under indictment for, and has
not been convicted in any court of, a crime pun-
ishable by imprisonment for a term exceeding 1
year;
‘‘(ii) is not a fugitive from justice;
‘‘(iii) is not an unlawful user of or addicted
to any controlled substance (as defined in sec-
tion 102 of the Controlled Substances Act);
205
‘‘(iv) has not been adjudicated as a mental
defective or been committed to a mental institu-
tion;
‘‘(v) is not an alien who is illegally or un-
lawfully in the United States;
‘‘(vi) has not been discharged from the
Armed Forces under dishonorable conditions;
and
‘‘(vii) is not a person who, having been a
citizen of the United States, has renounced
such citizenship;
‘‘(C) the date the statement is made; and
‘‘(D) notice that the transferee intends to ob-
tain a handgun from the transferor.
‘‘(4) Any transferor of a handgun who, after such
transfer, receives a report from a chief law enforcement
officer containing information that receipt or possession
of the handgun by the transferee violates Federal, State,
or local law shall immediately communicate all information
the transferor has about the transfer and the transferee
to—
‘‘(A) the chief law enforcement officer of the
place of business of the transferor; and
‘‘(B) the chief law enforcement officer of the
place of residence of the transferee.
206
‘‘(5) Any transferor who receives information, not
otherwise available to the public, in a report under this
subsection shall not disclose such information except to
the transferee, to law enforcement authorities, or pursuant
to the direction of a court of law.
‘‘(6)(A) Any transferor who sells, delivers, or other-
wise transfers a handgun to a transferee shall retain the
copy of the statement of the transferee with respect to
the handgun transaction, and shall retain evidence that
the transferor has complied with subclauses (III) and (IV)
of paragraph (1)(A)(i) with respect to the statement.
‘‘(B) Unless the chief law enforcement officer to
whom a statement is transmitted under paragraph
(1)(A)(i)(IV) determines that a transaction would violate
Federal, State, or local law—
‘‘(i) the officer shall, within 20 business days
after the date the transferee made the statement on
the basis of which the notice was provided, destroy
the statement and any record containing information
derived from the statement;
‘‘(ii) the information contained in the statement
shall not be conveyed to any person except a person
who has a need to know in order to carry out this
subsection; and
207
‘‘(iii) the information contained in the state-
ment shall not be used for any purpose other than
to carry out this subsection.
‘‘(7) A chief law enforcement officer or other person
responsible for providing criminal history background in-
formation pursuant to this subsection shall not be liable
in an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer
of a handgun to a person whose receipt or posses-
sion of the handgun is unlawful under this section;
or
‘‘(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess a
handgun.
‘‘(8) For purposes of this subsection, the term ‘chief
law enforcement officer’ means the chief of police, the
sheriff, or an equivalent officer or the designee of any such
individual.
‘‘(9) The Secretary shall take necessary actions to en-
sure that the provisions of this subsection are published
and disseminated to licensed dealers, law enforcement offi-
cials, and the public.’’.
(2) HANDGUN
DEFINED.—Section 921(a) of
such title is amended by adding at the end the fol-
lowing:
208
‘‘(29) The term ‘handgun’ means—
‘‘(A) a firearm which has a short stock and is
designed to be held and fired by the use of a single
hand; and
‘‘(B) any combination of parts from which a
firearm described in subparagraph (A) can be as-
sembled.’’.
(b) PERMANENT PROVISION.—Section 922 of title
18, United States Code, as amended by subsection (a)(1)
of this section, is amended by adding at the end the follow-
ing:
‘‘(t)(1) Beginning on the date that the Attorney Gen-
eral certifies under section 902(d)(1) of the Crime Preven-
tion and Criminal Justice Reform Act that the national
instant criminal background check system is established
(except as provided in paragraphs (2) and (3) of such sec-
tion), a licensed importer, licensed manufacturer, or li-
censed dealer shall not transfer a firearm to any other
person who is not such a licensee, unless—
‘‘(A) before the completion of the transfer, the
licensee contacts the national instant criminal back-
ground check system established under section 903
of such Act;
‘‘(B) the system notifies the licensee that the
system has not located any record that demonstrates
209
that the receipt of a firearm by such other person
would violate subsection (g) or (n) of this section or
any State or local law; and
‘‘(C) the transferor has verified the identity of
the transferee by examining a valid identification
document (as defined in section 1028(d)(1) of this
title) of the transferee containing a photograph of
the transferee.
‘‘(2) Paragraph (1) shall not apply to a firearm
transfer between a licensee and another person if—
‘‘(A)(i) such other person has presented to the
licensee a permit that—
‘‘(I) allows such other person to possess a
firearm; and
‘‘(II) was issued not more than 5 years
earlier by the State in which the transfer is to
take place; and
‘‘(ii) the law of the State provides that such a
permit is to be issued only after an authorized gov-
ernment official has verified that the information
available to such official does not indicate that pos-
session of a firearm by such other person would be
in violation of law;
210
‘‘(B) the Secretary has approved the transfer
under section 5812 of the Internal Revenue Code of
1986; or
‘‘(C) on application of the transferor, the Sec-
retary has certified that compliance with paragraph
(1)(A) is impracticable because—
‘‘(i) the ratio of the number of law enforce-
ment officers of the State in which the transfer
is to occur to the number of square miles of
land area of the State does not exceed 0.0025;
‘‘(ii) the business premises of the licensee
at which the transfer is to occur are extremely
remote in relation to the chief law enforcement
officer (as defined in subsection (s)(8)); and
‘‘(iii) there is an absence of telecommuni-
cations facilities in the geographical area in
which the business premises are located.
‘‘(3) If the national instant criminal background
check system notifies the licensee that the information
available to the system does not demonstrate that the re-
ceipt of a firearm by such other person would violate sub-
section (g) or (n), and the licensee transfers a firearm to
such other person, the licensee shall include in the record
of the transfer the unique identification number provided
by the system with respect to the transfer.
211
‘‘(4) In addition to the authority provided under sec-
tion 923(e), if the licensee knowingly transfers a firearm
to such other person and knowingly fails to comply with
paragraph (1) of this subsection with respect to the trans-
fer and, at the time such other person most recently pro-
posed the transfer, the national instant criminal back-
ground check system was operating and information was
available to the system demonstrating that receipt of a
firearm by such other person would violate subsection (g)
or (n) of this section, the Secretary may, after notice and
opportunity for a hearing, suspend for not more than 6
months or revoke any license issued to the licensee under
section 923, and may impose on the licensee a civil fine
of not more than $5,000.
‘‘(5) Neither a local government nor an employee of
the Federal Government or of any State or local govern-
ment, responsible for providing information to the national
instant criminal background check system shall be liable
in an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer
of a handgun to a person whose receipt or posses-
sion of the handgun is unlawful under this section;
or
212
‘‘(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess a
handgun.’’.
(c) PENALTY.—Section 924(a) of title 18, United
States Code, is amended—
(1) in paragraph (1), by striking ‘‘paragraph
(2) or (3) of’’; and
(2) by adding at the end the following:
‘‘(5) Whoever knowingly violates subsection (s) or (t)
of section 922 shall be fined not more than $1,000, impris-
oned for not more than 1 year, or both.’’.
SEC. 902. NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
(a) ESTABLISHMENT
OF SYSTEM.—The Attorney
General of the United States shall establish a national in-
stant criminal background check system that any licensee
may contact for information on whether receipt of a fire-
arm by a prospective transferee thereof would violate sub-
section (g) or (n) of section 922 of title 18, United States
Code, or any State or local law.
(b) EXPEDITED ACTION BY THE ATTORNEY GEN-
ERAL.—The Attorney General shall expedite—
(1) the upgrading and indexing of State crimi-
nal history records in the Federal criminal records
213
system maintained by the Federal Bureau of Inves-
tigation;
(2) the development of hardware and software
systems to link State criminal history check systems
into the national instant criminal background check
system established by the Attorney General pursuant
to this section; and
(3) the current revitalization initiatives by the
Federal Bureau of Investigation for technologically
advanced fingerprint and criminal records identifica-
tion.
(c) PROVISION OF STATE CRIMINAL RECORDS TO
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM.—(1) Not later than 6 months after the date of
enactment of this Act, the Attorney General shall—
(A) determine the type of computer hardware
and software that will be used to operate the na-
tional instant criminal background check system and
the means by which State criminal records systems
will communicate with the national system;
(B) investigate the criminal records system of
each State and determine for each State a timetable
by which the State should be able to provide crimi-
nal records on an on line capacity basis to the na-
tional system;
214
(C) notify each State of the determinations
made pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of
the State timetable that the State achieve, by the end of
5 years after the date of enactment of this Act, at least
80 percent currency of case dispositions in computerized
criminal history files for all cases in which there has been
an event of activity within the last 5 years and continue
to maintain such a system.
(d) NATIONAL SYSTEM CERTIFICATION.—(1) On the
date that is 30 months after the date of enactment of this
Act, and at any time thereafter, the Attorney General shall
determine whether—
(A) the national system has achieved at least
80 percent currency of case dispositions in comput-
erized criminal history files for all cases in which
there has been an event of activity within the last
5 years on a national average basis; and
(B) the States are in compliance with the time-
table established pursuant to subsection (c),
and, if so, shall certify that the national system is estab-
lished.
(2) If, on the date of certification in paragraph (1)
of this subsection, a State is not in compliance with the
timetable established pursuant to subsection (c) of this