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1 of 1 items                                CQ's WASHINGTON ALERT  01/31/94

    HR3315       Washington (D-TX)       10/19/93       (6746 lines)
                 Introduced in House

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

Special typefaces used in this bill version:
     //   \\    Italic
     !!   !!    Bold roman
Item Key: 8079
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103D CONGRESS
1ST SESSION

                                  H. R. 3315

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

                           =======================

                       IN THE HOUSE OF REPRESENTATIVES

                               October 19, 1993

Mr.  WASHINGTON(for himself, Mr.EDWARDS of California, Mr. CONYERS,
  Mr. SCOTT, Mr. WATT, Mr. TUCKER, Mr. RANGEL, Mr. PAYNE of New
  Jersey, Mrs. SCHROEDER, Mr. BECERRA, Mr. MFUME, Mr. SERRANO, Mr.
  HASTINGS, Mr. UNDERWOOD, Ms. NORTON, Ms. VELAZQUEZ, Mr. RUSH, Ms.
  WATERS, Ms. BROWN of Florida, Mr. WYNN, Ms. ROYBAL-ALLARD, Mr.
  STARK, Mr. REYNOLDS, and Mr. THOMPSON) introduced the following
  bill; which was referred jointly to the Committees on the
  Judiciary and Ways and Means

                           =======================

                                    A BILL

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

    //Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,\\

!!SECTION 1. SHORT TITLE.!!

    This Act may be cited as the "Crime Prevention and Criminal
Justice Reform Act ".

!!SEC. 2. FINDINGS.!!

    The Congress finds that--
        (1) the current national crime and drug strategy is
    failing;
        (2) one of the main failings of the policies of the past
    has been that too few resources are directed at the root of the
    problem before the tragedy of crime and violence occurs;
        (3) law enforcement bears an unfair and disproportionate
    share of the burden of addressing the problems caused by
    failings in our system of health in the prevention and treatment
    of drug and alcohol abuse and prevention and inadequate support
    systems for our families, and in particular at-risk youth and
    children;
        (4) law enforcement has been forced to bear this unfair
    burden without adequate resources, training, and equipment to
    help them provide directly for the safety of persons and
    property;
        (5) personal responsibility for criminal conduct is a
    central element of the concept of ordered liberty, and personal
    responsibility includes the obligation of offenders to change
    their lives through treatment and education so they can
    contribute to their families and communities;
        (6) many measures included in what is usually called a
    crime bill (more death penalties, more Federal crimes, longer
    prison sentences) do nothing to reduce crime and polarize and
    shift the focus and resources away from strategies that have
    proven to be more effective in addressing crime and violence;
        (7) law enforcement professionals agree that the solutions
    to the Nation's crime and drug problems will be found in crime
    prevention measures that include drug treatment, early childhood
    intervention programs, full funding for Head Start programs and
    the Women Infants and Children Program, rehabilitation and
    alternatives to incarceration, community policing, and family
    support programs, as well as in programs to rebuild communities
    through education, employment, and housing;
        (8) crime is an all encompassing problem and solving the
    problem necessitates a multi-disciplinary approach, including
    safe and drug free schools for children to get the most out of
    their learning environment, reduction and prevention of the
    incidence of crime among youth through grant programs that
    encourage counseling, prevention, intervention, and the
    rehabilitation of youth offenders, and reduction in the
    incidence of child abuse through education, prevention, and
    counseling;
        (9) there is a sense of distrust and a widespread
    perception in many communities, particularly among people of
    color, that the criminal justice system values victims
    differently and is at times fundamentally unfair to criminal
    defendants of color;
        (10) the perception and reality of racial bias in the
    workings of the criminal justice system is deeply corrosive of
    one of the most important institutions in our society and the
    perception of unfairness robs the criminal justice system of the
    respect and credibility it must have to achieve its goal of
    keeping the public safe and maintaining law and order;
        (11) reform of the criminal justice system is necessary to
    restore the credibility and respect that have been undermined by
    racism, excessive and disproportionate prison sentences, abusive
    police practices and civil forfeiture practices;
        (12) a highly trained professional police force sensitive
    to the needs of all members of the community is essential in
    returning respect to law enforcement personnel;
        (13) solutions to the crime and drug problem cannot be
    found at the Federal level and the Federal Government should
    facilitate and encourage community efforts to fight crime;
        (14) incentives for local communities to start community
    empowerment programs will make their communities safer; and
        (15) victims of violent crime have specific needs,
    including counseling and restitution and too few resources have
    been directed toward the support and encouragement of the
    victims and survivors of violent crime.

               !!TITLE I--STRATEGIES TO ASSIST STATE AND LOCAL
                GOVERNMENTS IN PROVIDING AN IMMEDIATE RESPONSE
                                  TO CRIME!!

               !!SUBTITLE A--GRANTS TO COMBAT VIOLENT CRIMES!!

!!SEC. 101. GRANTS TO COMBAT VIOLENT CRIMES.!!

    (a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by--
        (1) redesignating part Q as part R;
        (2) redesignating section 1701 as section 1801;
        and
        (3) adding after part P the following new part:

                !!"PART Q--GRANTS TO COMBAT VIOLENT CRIMES  !!

!!"SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS. !!

    "(a) GENERAL PROGRAM PURPOSE.--The purpose of this part is to
assist States and other eligible entities to develop effective law
enforcement and prosecution strategies to combat violent crimes.
Programs should place a particular emphasis on combating violent
crimes against women and people of color, crimes which historically
have not received adequate attention.

    "(b) PURPOSES FOR WHICH GRANTS MAY BE USED.--Grants under this
part shall provide additional personnel, training, technical
assistance, data collection and other equipment for the more
widespread apprehension, prosecution, and adjudication of persons
committing violent crimes  and specifically for the purposes of--
        "(1) training law enforcement officers and prosecutors to
    identify and respond more effectively to violent crimes,
    including crimes of sexual assault and domestic violence;
        "(2) developing, training, or expanding units of law
    enforcement officers and prosecutors that specifically target
    violent crimes, including the crimes of sexual assault and
    domestic violence;
        "(3) developing and implementing police and prosecution
    policies, protocols, or orders specifically devoted to the
    identification of and response to violent crimes against women,
    including the crimes of sexual assault and domestic violence;
        "(4) developing, installing, or expanding data collection
    systems, including computerized systems, linking police,
    prosecutors, and courts or identifying and tracking arrests,
    protection orders, prosecutions, and convictions for the crimes
    of sexual assault and domestic violence; and
        "(5) developing, enlarging, or strengthening victim
    services programs, including sexual assault and domestic
    violence programs, to increase reporting and reduce attrition
    rates for cases involving violent crimes against women,
    including crimes of sexual assault and domestic violence.

!!"SEC. 1702. STATE GRANTS. !!

    "(a) GENERAL GRANTS.--The Director is authorized to make grants
to States, for use by States, units of local government in the
States, and nonprofit nongovernmental victim services programs in
the States, for the purposes outlined in section 1701(b), and to
reduce the rate of violent crimes against women.

    "(b) APPLICATION REQUIREMENTS.--Applications shall include--
        "(1) documentation from prosecution, law enforcement, and
    victim services programs to be assisted that demonstrates--
            "(A) the need for grant funds;
            "(B) the intended use of grant funds; and
            "(C) the expected results; and
        "(2) proof that grantees are paying the full cost of
    forensic medical exams for victims of sexual assault.

    "(c) QUALIFICATION.--Upon satisfying the terms of subsection
(b), any State shall be eligible for funds provided under this part
by--
        "(1) certifying that funds received under this part shall
    be used to reduce the rate of violent crimes with special
    emphasis on violent crimes against women and for the purposes
    outlined in section 1701(b);
        "(2) certifying that grantees and subgrantees shall develop
    a plan, implement such plan, and otherwise consult and
    coordinate with nonprofit non-governmental domestic violence and
    sexual assault victim services programs, law enforcement
    officials, victim advocates, prosecutors, and defense attorneys;
        "(3) providing documentation from the individuals and
    groups listed under paragraph (2) regarding their participation
    in development of a plan and involvement in the application
    process, as well as how these individuals and groups will be
    involved in implementation of the plan;
        "(4) providing assurances that the plan developed under
    paragraph (2) shall meet the needs of racial, cultural, ethnic,
    and language minority populations in the community to be served
    by such plan;
        "(5) providing assurances that prosecution, law enforcement,
    and nonprofit nongovernmental services for victims shall each
    receive not less than 25 percent of any funds received under
    this part; and
        "(6) providing assurances that any 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.

    "(d) DISBURSEMENT OF FUNDS.--
        "(1) IN GENERAL.--Not later than 60 days after the receipt
    of an application under this part, the Director shall either
    disburse the appropriate sums provided for under this subpart or
    shall inform the applicant regarding why the application does
    not conform to the requirements of this section.
        "(2) RESPONSIBILITY OF DIRECTOR.--In disbursing funds under
    this part, the Director shall issue regulations--
            "(A) to distribute funds equitably on a geographic
        basis, including nonurban and rural areas of varying
        geographic size; and
            "(B) give priority to areas of varying geographic size
        with the greatest showing of need in the population and
        geographic area to be served in relation to the availability
        of such programs in other such populations and geographic
        areas.

    "(e) GRANTEE REPORTING.--Upon completion of the grant period
under this part, the State grantee shall file a performance report
with the Director explaining the activities carried out together
with an assessment of the effectiveness of such activities in
achieving the purposes of this part.

    "(f) SUSPENSION OF FUNDING.--The Director shall suspend funding
for an approved application if--
        "(1) an applicant fails to submit an annual performance
    report; or
        "(2) funds provided under this part are expended for
    purposes other than those set forth under this part.

!!"SEC. 1703. GENERAL GRANTS TO TRIBES.!!

    "(a) GENERAL GRANTS.--The Director is authorized to make grants
to Indian tribes, for use by tribes, tribal organizations or
nonprofit, nongovernmental domestic violence and sexual assault
victim services programs on Indian reservations, for the purposes
outlined in section 1701(b), and to reduce the rate of violent
crimes, including violent crimes against women in Indian country.

    "(b) AMOUNTS.--From amounts appropriated, the amount of grants
under subsection (a) shall be awarded on a competitive basis to
tribes, with minimum grants of $35,000 and maximum grants of
$300,000.

    "(c) QUALIFICATION.--Upon satisfying the terms of subsection
(d), any tribe shall be qualified for funds provided under this part
upon certification that the funds shall be used to reduce the rate
of violent crimes against women and for the purposes outlined in
section 1701(b).

    "(d) APPLICATION REQUIREMENTS.--
        "(1) IN GENERAL.--Applications shall be made directly to
    the Director and shall contain a description of the tribes' law
    enforcement responsibilities for the Indian country described in
    the application and a description of the tribes' system of
    courts, including whether the tribal government operates courts
    of Indian offenses as defined in section 201 of title II of
    Public Law 90-284 (25 U.S.C. 1301) or Code of Federal Regulation
    courts under 25 CFR 11 et seq.
        "(2) CONTENT.--Applications shall be in such form as the
    Director may reasonably require and shall specify the nature of
    the program proposed by the applicant tribe, the data and
    information on which the program is based, and the plans to use
    or incorporate existing domestic violence and sexual assault
    services available in the Indian country where the grant will be
    used.
        "(3) TERM OF GRANT.--The term of any grant shall be for a
    period of not less than 3 years.

    "(e) GRANTEE REPORTING.--At the end of the first 12 months of
the grant period and at the end of each subsequent year, the Indian
tribe grantee shall file a performance report with the Director
explaining the activities carried out together with an assessment of
the effectiveness of such activities in achieving the purposes of
this part. The Director shall not disperse additional funds if an
applicant fails to submit an annual performance report.

    "(f) DEFINITIONS.--For purposes of this section--
        "(1) the term `Indian tribe' means any Indian tribe, band,
    nation, or other organized group or community, including any
    Alaska Native village or regional or village corporation (as
    defined in, or established pursuant to, the Alaska Native Claims
    Settlement Act (43 U.S.C. 1601, et seq.)), which is recognized
    as eligible for the special services provided by the United
    States to Indians because of their status as Indians; and
        "(2) the term `Indian country' has the meaning given to
    such term by section 1151 of title 18, United States Code.

!!"SEC. 1704. GENERAL DEFINITIONS.!!

    "For purposes of this part--
        "(1) the term `domestic violence' means crimes of violence
    committed by a current or former spouse of the victim, an
    individual with whom the victim shares a child in common, an
    individual who is cohabiting with or has cohabited with the
    victim as a spouse, an individual similarly situated to a spouse,
    or any other individual who is protected under domestic or
    family violence laws of the jurisdiction that receives a grant
    under this part;
        "(2) the term `sexual assault' includes assaults committed
    by offenders who are strangers to the victim and assaults
    committed by offenders who are known or related by blood or
    marriage to the victim; and
        "(3) the term `victim services program' means any public or
    private, nonsectarian, nonprofit program that assists victims of
    violent crime, domestic violence or sexual assault victims,
    including nongovernmental nonprofit organizations such as rape
    crisis centers, battered women's shelters, and other sexual
    assault and domestic violence programs, including nonprofit
    nongovernmental organizations assisting domestic violence and
    sexual assault victims through the legal process.

!!"SEC. 1705. GENERAL TERMS AND CONDITIONS.!!

    "(a) NONMONETARY ASSISTANCE.--In addition to the assistance
provided under sections 1702 and 1703, the Director may request any
Federal agency, with or without reimbursement, to use its
authorities and the resources granted to it under Federal law
(including personnel, equipment, supplies, facilities, and
managerial, technical, and advisory services) to support State and
local assistance efforts under this part.

    "(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 State and Indian tribe--
        "(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
    sections 1702(f) and 1703(e).

    "(c) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to
be appropriated for each of the fiscal years 1995 and 1996,
$190,000,000 to carry out the purposes of section 1702 and
$10,000,000 to carry out the purposes of section 1703.".

    (b) CONFORMING AMENDMENT.--The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by striking the matter relating to part Q
and inserting the following:

            "PART Q--GRANT TO COMBAT VIOLENT CRIMES AGAINST WOMEN

"Sec. 1701. Purpose of the program and grants.
"Sec. 1702. State grants.
"Sec. 1703. General grants to tribes.
"Sec. 1704. General definitions.
"Sec. 1705. General terms and conditions.

                "PART R--TRANSITION; EFFECTIVE DATE; REPEALER

"Sec. 1801. Continuation of rules, authorities, and proceedings".

             !!SUBTITLE B--COMMUNITY POLICING; COP ON THE BEAT !!

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

    (a) IN GENERAL.--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 R as part S;
        (2) by redesignating section 1801 as section 1901; and
        (3) by inserting after part Q the following:

           !!"PART R--COMMUNITY POLICING; COP ON THE BEAT GRANTS!!

!!"SEC. 1801. GRANT AUTHORIZATION.!!

    "(a) GRANT PROJECTS.--The Director of the Bureau of Justice
Assistance may make grants to units of local government and to
community groups to establish or expand cooperative efforts between
police and a community for the purposes of increasing police
presence in the community, including--
        "(1) developing innovative neighborhood-oriented policing
    programs;
        "(2) providing new technologies to reduce the amount of
    time officers spend processing cases instead of patrolling the
    community;
        "(3) purchasing equipment to improve communications between
    officers and the community and to improve the collection,
    analysis, and use of information about crime-related community
    problems;
        "(4) developing policies that reorient police emphasis from
    reacting to crime to preventing crime;
        "(5) creating decentralized police substations throughout
    the community to encourage interaction and cooperation between
    the public and law enforcement personnel on a local level;
        "(6) providing training and problem solving for community
    crime problems;
        "(7) providing training in cultural differences for law
    enforcement officials;
        "(8) developing community-based crime prevention programs,
    such as safety programs for senior citizens, community anticrime
    groups, and other anticrime awareness programs;
        "(9) developing crime prevention programs in communities
    which have experienced a recent increase in gang-related
    violence; and
        "(10) developing projects following the model under
    subsection (b).

    "(b) MODEL PROJECT.--The Director shall develop a written model
that informs community members regarding--
        "(1) how to identify the existence of a drug or gang house;
        "(2) what civil remedies, such as public nuisance
    violations and civil suits in small claims court, are available;
    and
        "(3) what mediation techniques are available between
    community members and individuals who have established a drug or
    gang house in such community.

!!"SEC. 1802. APPLICATION.!!

    "(a) IN GENERAL.--(1) To be eligible to receive a grant under
this part, a chief executive of a unit of local government, a duly
authorized representative of a combination of local governments
within a geographic region, or a community group shall submit an
application to the Director in such form and containing such
information as the Director may reasonably require.

    "(2) In such application, one office, or agency (public,
private, or nonprofit) shall be designated as responsible for the
coordination, implementation, administration, accounting, and
evaluation of services described in the application.

    "(b) GENERAL CONTENTS.--Each application under subsection (a)
shall include--
        "(1) a request for funds available under this part for the
    purposes described in section 1801;
        "(2) a description of the areas and populations to be
    served by the grant; and
        "(3) 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.

    "(c) COMPREHENSIVE PLAN.--Each application shall include a
comprehensive plan which contains--
        "(1) a description of the crime problems within the areas
    targeted for assistance;
        "(2) a description of the projects to be developed;
        "(3) a description of the resources available in the
    community to implement the plan together with a description of
    the gaps in the plan that cannot be filled with existing
    resources;
        "(4) an explanation of how the requested grant shall be
    used to fill those gaps;
        "(5) a description of the system the applicant shall
    establish to prevent and reduce crime problems; and
        "(6) an evaluation component, including performance
    standards and quantifiable goals the applicant shall use to
    determine project progress, and the data the applicant shall
    collect to measure progress toward meeting project goals.

!!"SEC. 1803. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.!!

    "(a) ALLOCATION.--The Director shall allocate not less than 75
percent of the funds available under this part to units of local
government or combinations of such units and not more than 20
percent of the funds available under this part to community groups.

    "(b) ADMINISTRATIVE COST LIMITATION.--The Director shall use
not more than 5 percent of the funds available under this part for
the purposes of administration, technical assistance, and
evaluation.

    "(c) RENEWAL OF GRANTS.--A grant under this part may be renewed
for up to 2 additional years after the first fiscal year during
which the recipient receives its initial grant, subject to the
availability of funds, if the Director determines that the funds
made available to the recipient during the previous year were used
in a manner required under the approved application and if the
recipient can demonstrate significant progress toward achieving the
goals of the plan required under section 1802(c).

    "(d) FEDERAL SHARE.--The Federal share of a grant made under
this part may not exceed 75 percent of the total costs of the
projects described in the application submitted under section 1802
for the fiscal year for which the projects receive assistance under
this part.

!!"SEC. 1804. AWARD OF GRANTS.!!

    "(a) SELECTION OF RECIPIENTS.--The Director shall consider the
following factors in awarding grants to units of local government or
combinations of such units under this part:
        "(1) NEED AND ABILITY.--Demonstrated need and evidence of
    the ability to provide the services described in the plan
    required under section 1802(c).
        "(2) COMMUNITY-WIDE RESPONSE.--Evidence of the ability to
    coordinate community-wide response to crime.
        "(3) MAINTAIN PROGRAM.--The ability to maintain a program
    to control and prevent crime after funding under this part is no
    longer available.

    "(b) GEOGRAPHIC DISTRIBUTION.--The Director shall attempt, to
the extent practicable, to achieve an equitable geographic
distribution of grant awards.

!!"SEC. 1805. REPORTS.!!

    "(a) REPORT TO DIRECTOR.--Recipients who receive funds under
this part shall submit to the Director not later than March 1 of
each year a report that describes progress achieved in carrying out
the plan required under section 1802(c).

    "(b) REPORT TO CONGRESS.--The Director shall submit to the
Congress a report by October 1 of each year that shall contain a
detailed statement regarding grant awards, activities of grant
recipients, and an evaluation of projects established under this
part.

!!"SEC. 1806. DEFINITIONS.!!

    "For the purposes of this part--
        "(1) the term `community group' means a community-based
    nonprofit organization that has a primary purpose of crime
    prevention; and
        "(2) the term `Director' means the Director of the Bureau
    of Justice Assistance.".

    (b) CONFORMING AMENDMENT.--The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by striking the matter relating to part R
and inserting the following:

             "PART R--COMMUNITY POLICING; COP ON THE BEAT GRANTS

"Sec. 1801. Grant authorization.
"Sec. 1802. Application.
"Sec. 1803. Allocation of funds; limitation on grants.
"Sec. 1804. Award of grants.
"Sec. 1805. Reports.
"Sec. 1806. Definitions.

                "PART S--TRANSITION; EFFECTIVE DATE; REPEALER

"Sec. 1901. Continuation of rules, authorities, and proceedings.".

!!SEC. 112. 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) is amended by adding after
paragraph (11) the following:

    "(12) There are authorized to be appropriated $150,000,000 for
each of the fiscal years 1995, 1996, and 1997 to carry out the
projects under part R.".

                !!SUBTITLE C--LAW ENFORCEMENT FAMILY SUPPORT!!

!!SEC. 121. LAW ENFORCEMENT FAMILY SUPPORT.!!

    (a) LAW ENFORCEMENT FAMILY SUPPORT.--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 S as part T;
        (2) by redesignating section 1901 as 2001; and
        (3) by inserting after part R the following:

                         !!"PART S--FAMILY SUPPORT!!

!!"SEC. 1901. DUTIES OF DIRECTOR.!!

    "The Director shall--
        "(1) establish guidelines and oversee the implementation of
    family-friendly policies within law enforcement-related offices
    and divisions in the Department of Justice;
        "(2) study the effects of stress on law enforcement
    personnel and family well-being and disseminate the findings of
    such studies to Federal, State, and local law enforcement
    agencies, related organizations, and other interested parties;
        "(3) identify and evaluate model programs that provide
    support services to law enforcement personnel and families;
        "(4) provide technical assistance and training programs to
    develop stress reduction and family support to State and local
    law enforcement agencies;
        "(5) collect and disseminate information regarding family
    support, stress reduction, and psychological services to Federal,
    State, and local law enforcement agencies, law enforcement-
    related organizations, and other interested entities; and
        "(6) determine issues to be researched by the Bureau and by
    grant recipients.

!!"SEC. 1902. GENERAL AUTHORIZATION.!!

    "The Director is authorized to make grants to States and local
law enforcement agencies to provide family support services to law
enforcement personnel.

!!"SEC. 1903. USES OF FUNDS.!!

    "(a) IN GENERAL.--A State or local law enforcement agency that
receives a grant under this Act shall use amounts provided under the
grant to establish or improve training and support programs for law
enforcement personnel.

    "(b) REQUIRED ACTIVITIES.--A law enforcement agency that
receives funds under this Act shall provide at least one of the
following services:
        "(1) Counseling for law enforcement family members.
        "(2) Child care on a 24-hour basis.
        "(3) Marital and adolescent support groups.
        "(4) Stress reduction programs.
        "(5) Stress education for law enforcement recruits and
    families.

    "(c) OPTIONAL ACTIVITIES.--A law enforcement agency that
receives funds under this Act may provide the following services:
        "(1) Post-shooting debriefing for officers and their
    spouses.
        "(2) Group therapy.
        "(3) Hypertension clinics.
        "(4) Critical incident response on a 24-hour basis.
        "(5) Law enforcement family crisis telephone services on a
    24-hour basis.
        "(6) Counseling for law enforcement personnel exposed to
    the human immunodeficiency virus.
        "(7) Counseling for peers.
        "(8) Counseling for families of personnel killed in the
    line of duty.
        "(9) Seminars regarding alcohol, drug use, gambling, and
    overeating.

!!"SEC. 1904. APPLICATIONS.!!

    "A law enforcement agency desiring to receive a grant under
this part shall submit to the Director an application at such time,
in such manner, and containing or accompanied by such information as
the Director may reasonably require. Such application shall--
        "(1) certify that the law enforcement agency shall match
    all Federal funds with an equal amount of cash or in-kind goods
    or services from other non-Federal sources;
        "(2) include a statement from the highest ranking law
    enforcement official from the State or locality applying for the
    grant that attests to the need and intended use of services to
    be provided with grant funds; and
        "(3) assure that the Director or the Comptroller General of
    the United States shall have access to all records related to
    the receipt and use of grant funds received under this Act.

!!"SEC. 1905. AWARD OF GRANTS; LIMITATION.!!

    "(a) GRANT DISTRIBUTION.--In approving grants under this part,
the Director shall assure an equitable distribution of assistance
among the States, among urban and rural areas of the United States,
and among urban and rural areas of a State.

    "(b) DURATION.--The Director may award a grant each fiscal year,
not to exceed $100,000 to a State or local law enforcement agency
for a period not to exceed 5 years. In any application from a State
or local law enforcement agency for a grant to continue a program
for the second, third, fourth, or fifth fiscal year following the
first fiscal year in which a grant was awarded to such agency, the
Director shall review the progress made toward meeting the
objectives of the program. The Director may refuse to award a grant
if the Director finds sufficient progress has not been made toward
meeting such objectives, but only after affording the applicant
notice and an opportunity for reconsideration.

    "(c) LIMITATION.--Not more than 10 percent of grant funds
received by a State or a local law enforcement agency may be used
for administrative purposes.

!!"SEC. 1906. DISCRETIONARY RESEARCH GRANTS.!!

    "The Director may reserve 10 percent of funds to award research
grants to a State or local law enforcement agency to study issues of
importance in the law enforcement field as determined by the
Director.

!!"SEC. 1907. REPORTS.!!

    "(a) REPORT FROM GRANT RECIPIENTS.--A State or local law
enforcement agency that receives a grant under this Act shall submit
to the Director an annual report that includes--
        "(1) program descriptions;
        "(2) the number of staff employed to administer programs;
        "(3) the number of individuals who participated in programs;
    and
        "(4) an evaluation of the effectiveness of grant programs.

    "(b) REPORT FROM DIRECTOR.--(1) The Director shall submit to
the Congress a report not later than March 31 of each fiscal year.

    "(2) Such report shall contain--
        "(A) a description of the types of projects developed or
    improved through funds received under this Act;
        "(B) a description of exemplary projects and activities
    developed;
        "(C) a designation of the family relationship to the law
    enforcement personnel of individuals served; and
        "(D) the number of individuals served in each location and
    throughout the country.

!!"SEC. 1908. DEFINITIONS.!!

    "For purposes of this part--
        "(1) the term `family-friendly policy' means a policy to
    promote or improve the morale and well being of law enforcement
    personnel and their families; and
        "(2) the term `law enforcement personnel' means individuals
    employed by Federal, State, and local law enforcement
    agencies.".

    (b) CONFORMING AMENDMENT.--The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.), is amended by striking the matter relating to part S
and inserting the following:

                           "PART S--FAMILY SUPPORT

"Sec. 1901. Duties of director.
"Sec. 1902. General authorization.
"Sec. 1903. Uses of funds.
"Sec. 1904. Applications.
"Sec. 1905. Award of grants; limitation.
"Sec. 1906. Discretionary research grants.
"Sec. 1907. Reports.
"Sec. 1908. Definitions.

                 "PART T--TRANSITION; EFFECTIVE DATE; REPEALS

"Sec. 2001. Continuation of rules, authorities, and privileges.".

!!SEC. 122. AUTHORIZATION OF APPROPRIATIONS.!!

    Section 1001(a) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), is amended by adding after
paragraph (12) the following:

    "(13) There are authorized to be appropriated $5,000,000 for
each of the fiscal years 1995, 1996, 1997, 1998, and 1999. Not more
than 20 percent of such funds may be used to accomplish the duties
of the Director under section 1901 in part S of this Act, including
administrative costs, research, and training programs.".

                      !!SUBTITLE D--POLICE MISCONDUCT!!

!!SEC. 131. PATTERN OR PRACTICE CASES; CAUSE OF ACTION.!!

    (a) UNLAWFUL CONDUCT.--It shall be unlawful for any
governmental authority, or any agent thereof, or any person acting
on behalf of a governmental authority, to engage in a pattern or
practice of conduct by law enforcement officers that deprives
persons of rights, privileges, or immunities, secured or protected
by the Constitution or laws of the United States.

    (b) CIVIL ACTION BY ATTORNEY GENERAL.--Whenever the Attorney
General has reasonable cause to believe that a violation of
subsection (a) has occurred, the Attorney General, for or in the
name of the United States, may in a civil action obtain appropriate
equitable and declaratory relief to eliminate the pattern or
practice.

    (c) CIVIL ACTION BY INJURED PERSON.--Any person injured by a
violation of subsection (a) may in a civil action obtain appropriate
equitable and declaratory relief to eliminate the pattern or
practice. In any civil under this subsection, the court may allow
the prevailing plaintiff reasonable attorneys' fees and other
litigation fees and costs (including expert's fees). A governmental
body shall be liable for such fees and costs to the same extent as a
private individual.

    (d) DEFINITION.--As used in this subtitle, the term "law
enforcement officer" means an official empowered by law to conduct
investigations of, to make arrests for, or to detain individuals
suspected or convicted of, criminal offenses.

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

    (a) ATTORNEY GENERAL TO COLLECT.--The Attorney General shall,
through the victimization surveys conducted by the Bureau of Justice
Statistics, acquire data about the use of excessive force by law
enforcement officers.

    (b) LIMITATION ON USE OF DATA.--Data acquired under this
section shall be used only for research or statistical purposes and
may not contain any information that may reveal the identity of the
victim or any law enforcement officer.

    (c) ANNUAL SUMMARY.--The Attorney General shall publish an
annual summary of the data acquired under this section.

!!SEC. 133. CRIMINAL PENALTY.!!

    (a) IN GENERAL.--Chapter 13 (relating to civil rights) of title
18, United States Code, is amended by adding at the end the
following:

!!"S 248. Police brutality!!

    "(a) OFFENSE.--Whoever, being a law enforcement officer and
under color of law, subjects any person to force exceeding that
which is reasonably necessary to carry out a law enforcement duty,
shall be punished under subsection (b).

    "(b) PUNISHMENT.--(1) The punishment for an offense under this
section is a fine under this title, or imprisonment under paragraph
(2), or both.

    "(2) The imprisonment for an offense under this section shall--
        "(A) if death results, be for any term of years or for
    life;
        "(B) if bodily injury other than death results, be for not
    more than 10 years; and
        "(C) in any other case, not exceed one year.

    "(c) DEFINITION.--As used in this section, the term `law
enforcement officer' means an official empowered by law to conduct
investigations of, to make arrests for, or to detain individuals
suspected or convicted of, criminal offenses.".

    (b) CLERICAL AMENDMENT.--The table of sections at the beginning
of chapter 13 of title 18, United States Code, is amended by adding
at the end the following:

"248. Police brutality.".

!!SEC. 134. GOVERNMENTAL LIABILITY.!!

    (a) GENERALLY.--Any State, county, municipality, or other unit
of State or local government shall be liable in a civil action for
appropriate relief to the party injured, for the conduct of a law
enforcement officer of such unit that subjects or causes to be
subjected, under color of law, any individual to the deprivation of
any rights, privileges, or immunities secured by the Constitution or
laws of the United States.

    (b) NO "GOOD FAITH" EXCEPTION TO LIABILITY.--The liability
created by this section shall exist whether or not the law
enforcement officer had a reasonable good faith belief in the
lawfulness of the conduct.

    (c) STATUTE OF LIMITATIONS.--The statute of limitations
applicable to actions to enforce the liability created by this
section is the same as that applicable to an action under section
1979 of the Revised Statutes of the United States (42 U.S.C. 1983).

           !!SUBTITLE E--POLICE CORPS AND LAW ENFORCEMENT OFFICERS
                           TRAINING AND EDUCATION!!

!!SEC. 141. PURPOSES.!!

    The purposes of this subtitle are to--
        (1) address violent crime by increasing the number of
    police with advanced education and training on community patrol;
        (2) provide educational assistance to law enforcement
    personnel and to students who possess a sincere interest in
    public service in the form of law enforcement; and
        (3) assist State and local law enforcement efforts to
    enhance the educational status of law enforcement personnel both
    through increasing the educational level of existing officers
    and by recruiting more highly educated officers.

!!SEC. 142. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW
            ENFORCEMENT EDUCATION.!!

    (a) ESTABLISHMENT.--There is established in the Department of
Justice, under the general authority of the Attorney General, an
Office of the Police Corps and Law Enforcement Education.

    (b) APPOINTMENT OF DIRECTOR.--The Office of the Police Corps
and Law Enforcement Education shall be headed by a Director
(referred to in this title as the "Director") who shall be appointed
by the President, by and with the advice and consent of the Senate.

    (c) RESPONSIBILITIES OF DIRECTOR.--The Director shall be
responsible for the administration of the Police Corps program
established in chapter 1 and the Law Enforcement Scholarship program
established in chapter 2 and shall have authority to promulgate
regulations to implement this title.

!!SEC. 143. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE
            PLAN.!!

    (a) LEAD AGENCY.--A State that desires to participate in the
Police Corps program under chapter 1 or the Law Enforcement
Scholarship program under chapter 2 shall designate a lead agency
that will be responsible for--
        (1) submitting to the Director a State plan described in
    subsection (b); and
        (2) administering the program in the State.

    (b) STATE PLANS.--A State plan shall--
        (1) contain assurances that the lead agency shall work in
    cooperation with the local law enforcement liaisons,
    representatives of police labor organizations and police
    management organizations, and other appropriate State and local
    agencies to develop and implement interagency agreements
    designed to carry out the program;
        (2) contain assurances that the State shall advertise the
    assistance available under this title;
        (3) contain assurances that the State shall screen and
    select law enforcement personnel for participation in the
    program; and
        (4) meet the other applicable requirements of this
    subtitle.

                     !!CHAPTER 1--POLICE CORPS PROGRAM!!

!!SEC. 151. DEFINITIONS.!!

    For the purposes of this chapter--
        (1) the term "academic year" means a traditional academic
    year beginning in August or September and ending in the
    following May or June;
        (2) the term "dependent child" means a natural or adopted
    child or stepchild of a law enforcement officer who at the time
    of the officer's death--
            (A) was no more than 21 years old; or
            (B) if older than 21 years, was in fact dependent on
        the child's parents for at least one-half of the child's
        support (excluding educational expenses), as determined by
        the Director;
        (3) the term "educational expenses" means expenses that are
    directly attributable to--
            (A) a course of education leading to the award of the
        baccalaureate degree; or
            (B) a course of graduate study following award of a
        baccalaureate degree,
        including the cost of tuition, fees, books, supplies,
    transportation, room and board and miscellaneous expenses;
        (4) the term "participant" means a participant in the
    Police Corps program selected pursuant to section 153;
        (5) the term "State" means a State of the United States,
    the District of Columbia, the Commonwealth of Puerto Rico, the
    Virgin Islands, American Samoa, Guam, and the Commonwealth of
    the Northern Mariana Islands; and
        (6) the term "State Police Corps program" means a State
    police corps program approved under section 156.

!!SEC. 152. SCHOLARSHIP ASSISTANCE.!!

    (a) SCHOLARSHIPS AUTHORIZED.--(1) The Director is authorized to
award scholarships to participants who agree to work in a State or
local police force in accordance with agreements entered into
pursuant to subsection (d).

    (2)(A) Except as provided in subparagraph (B) each scholarship
payment made under this section for each academic year shall not
exceed--
        (i) $7,500; or
        (ii) the cost of the educational expenses related to
    attending an institution of higher education.

    (B) In the case of a participant who is pursuing a course of
educational study during substantially an entire calendar year, the
amount of scholarship payments made during such year shall not
exceed $10,000.

    (C) The total amount of scholarship assistance received by any
one student under this section shall not exceed $30,000.

    (3) Recipients of scholarship assistance under this section
shall continue to receive such scholarship payments only during such
periods as the Director finds that the recipient is maintaining
satisfactory progress as determined by the institution of higher
education the recipient is attending.

    (4)(A) The Director shall make scholarship payments under this
section directly to the institution of higher education that the
student is attending.

    (B) Each institution of higher education receiving a payment on
behalf of a participant pursuant to subparagraph (A) shall remit to
such student any funds in excess of the costs of tuition, fees, and
room and board payable to the institution.

    (b) REIMBURSEMENT AUTHORIZED.--(1) The Director is authorized
to make payments to a participant to reimburse such participant for
the costs of educational expenses if such student agrees to work in
a State or local police force in accordance with the agreement
entered into pursuant to subsection (d).

    (2)(A) Each payment made pursuant to paragraph (1) for each
academic year of study shall not exceed--
        (i) $7,500; or
        (ii) the cost of educational expenses related to attending
    an institution of higher education.

    (B) In the case of a participant who is pursuing a course of
educational study during substantially an entire calendar year, the
amount of scholarship payments made during such year shall not
exceed $10,000.

    (C) The total amount of payments made pursuant to subparagraph
(A) to any one student shall not exceed $30,000.

    (c) USE OF SCHOLARSHIP.--Scholarships awarded under this
subsection shall only be used to attend a 4-year institution of
higher education, except that--
        (1) scholarships may be used for graduate and professional
    study, and
        (2) where a participant has enrolled in the program upon or
    after transfer to a four-year institution of higher education,
    the Director may reimburse the participant for the participant's
    prior educational expenses.

    (d) AGREEMENT.--(1) Each participant receiving a scholarship or
a payment under this section shall enter into an agreement with the
Director. Each such agreement shall contain assurances that the
participant shall--
        (A) after successful completion of a baccalaureate program
    and training as prescribed in section 154, work for 4 years in a
    State or local police force without there having arisen
    sufficient cause for the participant's dismissal under the rules
    applicable to members of the police force of which the
    participant is a member;
        (B) complete satisfactorily--
            (i) an educational course of study and receipt of a
        baccalaureate degree (in the case of undergraduate study) or
        the reward of credit to the participant for having completed
        one or more graduate courses (in the case of graduate study);
        and
            (ii) Police Corps training and certification by the
        Director that the participant has met such performance
        standards as may be established pursuant to section 154; and
        (C) repay all of the scholarship or payment received plus
    interest at the rate of 10 percent in the event that the
    conditions of subparagraphs (A) and (B) are not complied with.

    (2)(A) A recipient of a scholarship or payment under this
section shall not be considered in violation of the agreement
entered into pursuant to paragraph (1) if the recipient--
        (i) dies; or
        (ii) becomes permanently and totally disabled as
    established by the sworn affidavit of a qualified physician.

    (B) In the event that a scholarship recipient is unable to
comply with the repayment provision set forth in subparagraph (B) of
paragraph (1) because of a physical or emotional disability or for
good cause as determined by the Director, the Director may
substitute community service in a form prescribed by the Director
for the required repayment.

    (C) The Director shall expeditiously seek repayment from
participants who violate the agreement described in paragraph (1).

    (e) DEPENDENT CHILD.--A dependent child of a law enforcement
officer--
        (1) who is a member of a State or local police force or is
    a Federal criminal investigator or uniformed police officer,
        (2) who is not a participant in the Police Corps program,
    but
        (3) who serves in a State for which the Director has
    approved a Police Corps plan, and
        (4) who is killed in the course of performing police
    duties,

    shall be entitled to the scholarship assistance authorized in
this section for any course of study in any accredited institution
of higher education. Such dependent child shall not incur any
repayment obligation in exchange for the scholarship assistance
provided in this section.

    (f) APPLICATION.--Each participant desiring a scholarship or
payment under this section shall submit an application as prescribed
by the Director in such manner and accompanied by such information
as the Director may reasonably require.

    (g) DEFINITION.--For the purposes of this section the term
"institution of higher education" has the meaning given that term in
the first sentence of section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).

!!SEC. 153. SELECTION OF PARTICIPANTS.!!

    (a) IN GENERAL.--Participants in State Police Corps programs
shall be selected on a competitive basis by each State under
regulations prescribed by the Director.

    (b) SELECTION CRITERIA AND QUALIFICATIONS.--(1) In order to
participate in a State Police Corps program, a participant must--
        (A) be a citizen of the United States or an alien lawfully
    admitted for permanent residence in the United States;
        (B) meet the requirements for admission as a trainee of the
    State or local police force to which the participant will be
    assigned pursuant to section 155(c)(5), including achievement of
    satisfactory scores on any applicable examination, except that
    failure to meet the age requirement for a trainee of the State
    or local police shall not disqualify the applicant if the
    applicant will be of sufficient age upon completing an
    undergraduate course of study;
        (C) possess the necessary mental and physical capabilities
    and emotional characteristics to discharge effectively the
    duties of a law enforcement officer;
        (D) demonstrate sincere motivation and dedication to law
    enforcement and public service;
        (E) in the case of an undergraduate, agree in writing that
    the participant will complete an educational course of study
    leading to the award of a baccalaureate degree and will then
    accept an appointment and complete 4 years of service as an
    officer in the State police or in a local police department
    within the State;
        (F) in the case of a participant desiring to undertake or
    continue graduate study, agree in writing that the participant
    will accept an appointment and complete 4 years of service as an
    officer in the State police or in a local police department
    within the State before undertaking or continuing graduate
    study;
        (G) contract, with the consent of the participant's parent
    or guardian if the participant is a minor, to serve for 4 years
    as an officer in the State police or in a local police
    department, if an appointment is offered; and
        (H) except as provided in paragraph (2), be without
    previous law enforcement experience.

    (2)(A) Until the date that is 5 years after the date of
enactment of this title, up to 10 percent of the applicants accepted
into the Police Corps program may be persons who--
        (i) have had some law enforcement experience; and
        (ii) have demonstrated special leadership potential and
    dedication to law enforcement.

    (B)(i) The prior period of law enforcement of a participant
selected pursuant to subparagraph (A) shall not be counted toward
satisfaction of the participant's 4-year service obligation under
section 155, and such a participant shall be subject to the same
benefits and obligations under this chapter as other participants,
including those stated in subsection (b)(1) (E) and (F).

    (ii) Clause (i) shall not be construed to preclude counting a
participant's previous period of law enforcement experience for
purposes other than satisfaction of the requirements of section 155,
such as for purposes of determining such a participant's pay and
other benefits, rank, and tenure.

    (3) It is the intent of this Act that there shall be no more
than 20,000 participants in each graduating class. The Director
shall approve State plans providing in the aggregate for such
enrollment of applicants as shall assure, as nearly as possible,
annual graduating classes of 20,000. In a year in which applications
are received in a number greater than that which will produce, in
the judgment of the Director, a graduating class of more than 20,000,
the Director shall, in deciding which applications to grant, give
preference to those who will be participating in State plans that
provide law enforcement personnel to areas of greatest need.

    (c) RECRUITMENT OF MINORITIES.--Each State participating in the
Police Corps program shall make special efforts to seek and recruit
applicants from among members of all racial, ethnic or gender groups.
This subsection does not authorize an exception from the competitive
standards for admission established pursuant to subsections (a) and
(b).

    (d) ENROLLMENT OF APPLICANT.--(1) An applicant shall be
accepted into a State Police Corps program on the condition that the
applicant will be matriculated in, or accepted for admission at, a 4-
year institution of higher education (as described in the first
sentence of section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)))--
        (A) as a full-time student in an undergraduate program; or
        (B) for purposes of taking a graduate course.

    (2) If the applicant is not matriculated or accepted as set
forth in paragraph (1), the applicant's acceptance in the program
shall be revoked.

    (e) LEAVE OF ABSENCE.--(1) A participant in a State Police
Corps program who requests a leave of absence from educational study,
training or service for a period not to exceed 1 year (or 18 months
in the aggregate in the event of multiple requests) due to temporary
physical or emotional disability shall be granted such leave of
absence by the State.

    (2) A participant who requests a leave of absence from
educational study, training or service for a period not to exceed 1
year (or 18 months in the aggregate in the event of multiple
requests) for any reason other than those listed in paragraph (1)
may be granted such leave of absence by the State.

    (3) A participant who requests a leave of absence from
educational study or training for a period not to exceed 30 months
to serve on an official church mission may be granted such leave of
absence.

    (f) ADMISSION OF APPLICANTS.--An applicant may be admitted into
a State Police Corps program either before commencement of or during
the applicant's course of educational study.

!!SEC. 154. POLICE CORPS TRAINING.!!

    (a) IN GENERAL.--(1) The Director shall establish programs of
training for Police Corps participants. Such programs may be carried
out at up to 3 training centers established for this purpose and
administered by the Director, or by contracting with existing State
training facilities. The Director shall contract with a State
training facility upon request of such facility if the Director
determines that such facility offers a course of training
substantially equivalent to the Police Corps training program
described in this chapter.

    (2) The Director is authorized to enter into contracts with
individuals, institutions of learning, and government agencies
(including State and local police forces), to obtain the services of
persons qualified to participate in and contribute to the training
process.

    (3) The Director is authorized to enter into agreements with
agencies of the Federal Government to utilize on a reimbursable
basis space in Federal buildings and other resources.

    (4) The Director may authorize such expenditures as are
necessary for the effective maintenance of the training centers,
including purchases of supplies, uniforms, and educational materials,
and the provision of subsistence, quarters, and medical care to
participants.

    (b) TRAINING SESSIONS.--A participant in a State Police Corps
program shall attend two 8-week training sessions at a training
center, one during the summer following completion of sophomore year
and one during the summer following completion of junior year. If a
participant enters the program after sophomore year, the participant
shall complete 16 weeks of training at times determined by the
Director.

    (c) FURTHER TRAINING.--The 16 weeks of Police Corps training
authorized in this section is intended to serve as basic law
enforcement training but not to exclude further training of
participants by the State and local authorities to which they will
be assigned. Each State plan approved by the Director under section
156 shall include assurances that following completion of a
participant's course of education each participant shall receive
appropriate additional training by the State or local authority to
which the participant is assigned. The time spent by a participant
in such additional training, but not the time spent in Police Corps
training, shall be counted toward fulfillment of the participant's 4-
year service obligation.

    (d) COURSE OF TRAINING.--The training sessions at training
centers established under this section shall be designed to provide
basic law enforcement training, including vigorous physical and
mental training to teach participants self-discipline and
organizational loyalty and to impart knowledge and understanding of
legal processes and law enforcement.

    (e) EVALUATION OF PARTICIPANTS.--A participant shall be
evaluated during training for mental, physical, and emotional
fitness, and shall be required to meet performance standards
prescribed by the Director at the conclusion of each training
session in order to remain in the Police Corps program.

    (f) STIPEND.--The Director shall pay participants in training
sessions a stipend of $250 a week during training.

!!SEC. 155. SERVICE OBLIGATION.!!

    (a) SWEARING IN.--Upon satisfactory completion of the
participant's course of education and training program established
in section 154 and meeting the requirements of the police force to
which the participant is assigned, a participant shall be sworn in
as a member of the police force to which the participant is assigned
pursuant to the State Police Corps plan, and shall serve for 4 years
as a member of that police force.

    (b) RIGHTS AND RESPONSIBILITIES.--A participant shall have all
of the rights and responsibilities of and shall be subject to all
rules and regulations applicable to other members of the police
force of which the participant is a member, including those
contained in applicable agreements with labor organizations and
those provided by State and local law.

    (c) DISCIPLINE.--If the police force of which the participant
is a member subjects the participant to discipline such as would
preclude the participant's completing 4 years of service, and result
in denial of educational assistance under section 152, the Director
may, upon a showing of good cause, permit the participant to
complete the service obligation in an equivalent alternative law
enforcement service and, if such service is satisfactorily completed,
section 152(d)(1)(C) shall not apply.

    (d) LAY-OFFS.--If the police force of which the participant is
a member lays off the participant such as would preclude the
participant's completing 4 years of service, and result in denial of
educational assistance under section 152, the Director may permit
the participant to complete the service obligation in an equivalent
alternative law enforcement service and, if such service is
satisfactorily completed, section 152(d)(1)(C) shall not apply.

!!SEC. 156. STATE PLAN REQUIREMENTS.!!

    A State Police Corps plan shall--
        (1) provide for the screening and selection of participants
    in accordance with the criteria set out in section 153;
        (2) state procedures governing the assignment of
    participants in the Police Corps program to State and local
    police forces (no more than 10 percent of all the participants
    assigned in each year by each State to be assigned to a
    statewide police force or forces);
        (3) provide that participants shall be assigned to those
    geographic areas in which--
            (A) there is the greatest need for additional law
        enforcement personnel; and
            (B) the participants will be used most effectively;
        (4) provide that to the extent consistent with paragraph
    (3), a participant shall be assigned to an area near the
    participant's home or such other place as the participant may
    request;
        (5) provide that to the extent feasible, a participant's
    assignment shall be made at the time the participant is accepted
    into the program, subject to change--
            (A) prior to commencement of a participant's fourth
        year of undergraduate study, under such circumstances as the
        plan may specify; and
            (B) from commencement of a participant's fourth year of
        undergraduate study until completion of 4 years of police
        service by participant, only for compelling reasons or to
        meet the needs of the State Police Corps program and only
        with the consent of the participant;
        (6) provide that no participant shall be assigned to serve
    with a local police force--
            (A) whose size has declined by more than 5 percent
        since June 21, 1989; or
            (B) which has members who have been laid off but not
        retired;
        (7) provide that participants shall be placed and to the
    extent feasible kept on community and preventive patrol;
        (8) assure that participants will receive effective
    training and leadership;
        (9) provide that the State may decline to offer a
    participant an appointment following completion of Federal
    training, or may remove a participant from the Police Corps
    program at any time, only for good cause (including failure to
    make satisfactory progress in a course of educational study) and
    after following reasonable review procedures stated in the plan;
    and
        (10) provide that a participant shall, while serving as a
    member of a police force, be compensated at the same rate of pay
    and benefits and enjoy the same rights under applicable
    agreements with labor organizations and under State and local
    law as other police officers of the same rank and tenure in the
    police force of which the participant is a member.

!!SEC. 157. AUTHORIZATION OF APPROPRIATIONS.!!

    There are authorized to be appropriated to carry out this
chapter $100,000,000 for each of fiscal years 1995 and 1996, and
$200,000,000 for each of fiscal years 1997, 1998, and 1999.

              !!CHAPTER 2--LAW ENFORCEMENT SCHOLARSHIP PROGRAM!!

!!SEC. 161. DEFINITIONS.!!

    As used in this chapter--
        (1) the term "Director" means the Director of the Bureau of
    Justice Assistance;
        (2) the term "educational expenses" means expenses that are
    directly attributable to--
            (A) a course of education leading to the award of an
        associate degree;
            (B) a course of education leading to the award of a
        baccalaureate degree; or
            (C) a course of graduate study following award of a
        baccalaureate degree;
        including the cost of tuition, fees, books, supplies, and
    related expenses;
        (3) the term "institution of higher education" has the same
    meaning given such term in section 1201(a) of the Higher
    Education Act of 1965;
        (4) the term "law enforcement position" means employment as
    an officer in a State or local police force, or correctional
    institution; and
        (5) the term "State" means a State of the United States,
    the District of Columbia, the Commonwealth of Puerto Rico, the
    Virgin Islands of the United States, American Samoa, Guam, and
    the Commonwealth of the Northern Mariana Islands.

!!SEC. 162. ALLOTMENT.!!

    From amounts appropriated pursuant to the authority of section
169, the Director shall allot--
        (1) 80 percent of such funds to States on the basis of the
    number of law enforcement officers in each State compared to the
    number of law enforcement officers in all States; and
        (2) 20 percent of such funds to States on the basis of the
    shortage of law enforcement personnel and the need for
    assistance under this chapter in the State compared to the
    shortage of law enforcement personnel and the need for
    assistance under this chapter in all States.

!!SEC. 163. PROGRAM ESTABLISHED.!!

    (a) USE OF ALLOTMENT.--
        (1) IN GENERAL.--Each State receiving an allotment pursuant
    to section 162 shall use such allotment to pay the Federal share
    of the costs of--
            (A) awarding scholarships to in-service law enforcement
        personnel to enable such personnel to seek further education;
        and
            (B) providing--
                (i) full-time employment in summer; or
                (ii) part-time (not to exceed 20 hours per week)
            employment during a period not to exceed one year.
        (2) EMPLOYMENT.--The employment described in subparagraph
    (B) of paragraph (1) shall be provided by State and local law
    enforcement agencies for students who are juniors or seniors in
    high school or are enrolled in an accredited institution of
    higher education and who demonstrate an interest in undertaking
    a career in law enforcement.  Such employment shall not be in a
    law enforcement position. Such employment shall consist of
    performing meaningful tasks that inform such students of the
    nature of the tasks performed by law enforcement agencies.

    (b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.--
        (1) PAYMENTS.--The Secretary shall pay to each State
    receiving an allotment under section 162 the Federal share of
S   the cost of the activities described in the application
    submitted pursuant to section 166.
        (2) FEDERAL SHAREtate receiving an allotment
under section 162 may reserve not more than 8 percent of such
allotment for administrative expenses.

    (f) SPECIAL RULE.--Each State receiving an allotment under
section 162 shall ensure that each scholarship recipient under this
chapter be compensated at the same rate of pay and benefits and
enjoy the same rights under applicable agreements with labor
organizations and under State and local law as other law enforcement
personnel of the same rank and tenure in the office of which the
scholarship recipient is a member.

    (g) SUPPLEMENTATION OF FUNDING.--Funds received under this
chapter shall only be used to supplement, and not to supplant,
Federal, State, or local efforts for recruitment and education of
law enforcement personnel.

!!SEC. 164. SCHOLARSHIPS.!!

    (a) PERIOD OF AWARD.--Scholarships awarded under this chapter
shall be for a period of one academic year.

    (b) USE OF SCHOLARSHIPS.--Each individual awarded a scholarship
under this chapter may use such scholarship for educational expenses
at any accredited institution of higher education.

!!SEC. 165. ELIGIBILITY.!!

    (a) SCHOLARSHIPS.--An individual shall be eligible to receive a
scholarship under this chapter if such individual has been employed
in law enforcement for the 2-year period immediately preceding the
date on which assistance is sought.

    (b) INELIGIBILITY FOR STUDENT EMPLOYMENT.--An individual who
has been employed as a law enforcement officer is ineligible to
participate in a student employment program carried out under this
chapter.

!!SEC. 166. STATE APPLICATION.!!

    Each State desiring an allotment under section 162 shall submit
an application to the Director at such time, in such manner, and
accompanied by such information as the Director may reasonably
require. Each such application shall--
        (1) describe the scholarship program and the student
    employment program for which assistance under this chapter is
    sought;
        (2) contain assurances that the lead agency will work in
    cooperation with the local law enforcement liaisons,
    representatives of police labor organizations and police
    management organizations, and other appropriate State and local
    agencies to develop and implement interagency agreements
    designed to carry out this chapter;
        (3) contain assurances that the State will advertise the
    scholarship assistance and student employment it will provide
    under this chapter and that the State will use such programs to
    enhance recruitment efforts;
        (4) contain assurances that the State will screen and
    select law enforcement personnel for participation in the
    scholarship program under this chapter;
        (5) contain assurances that under such student employment
    program the State will screen and select, for participation in
    such program, students who have an interest in undertaking a
    career in law enforcement;
        (6) contain assurances that under such scholarship program
    the State will make scholarship payments to institutions of
    higher education on behalf of individuals receiving scholarships
    under this chapter;
        (7) with respect to such student employment program,
    identify--
            (A) the employment tasks students will be assigned to
        perform;
            (B) the compensation students will be paid to perform
        such tasks; and
            (C) the training students will receive as part of their
        participation in such program;
        (8) identify model curriculum and existing programs
    designed to meet the educational and professional needs of law
    enforcement personnel; and
        (9) contain assurances that the State will promote
    cooperative agreements with educational and law enforcement
    agencies to enhance law enforcement personnel recruitment
    efforts in institutions of higher education.

!!SEC. 167. LOCAL APPLICATION.!!

    (a) IN GENERAL.--Each individual who desires a scholarship or
employment under this chapter shall submit an application to the
State at such time, in such manner, and accompanied by such
information as the State may reasonably require. Each such
application shall describe the academic courses for which a
scholarship is sought, or the location and duration of employment
sought, as appropriate.

    (b) PRIORITY.--In awarding scholarships and providing student
employment under this chapter, each State shall give priority to
applications from individuals who are--
        (1) members of racial, ethnic, or gender groups whose
    representation in the law enforcement agencies within the State
    is substantially less than in the population eligible for
    employment in law enforcement in the State;
        (2) pursuing an undergraduate degree; and
        (3) not receiving financial assistance under the Higher
    Education Act of 1965.

!!SEC. 168. SCHOLARSHIP AGREEMENT.!!

    (a) IN GENERAL.--Each individual who receives a scholarship
under this chapter shall enter into an agreement with the Director.

    (b) CONTENTS.--Each agreement described in subsection (a) shall-

        (1) provide assurances that the individual will work in a
    law enforcement position in the State which awarded such
    individual the scholarship in accordance with the service
    obligation described in subsection (c) after completion of such
    individual's academic courses leading to an associate, bachelor,
    or graduate degree;
        (2) provide assurances that the individual will repay the
    entire scholarship awarded under this chapter in accordance with
    such terms and conditions as the Director shall prescribe, in
    the event that the requirements of such agreement are not
    complied with unless the individual--
            (A) dies;
            (B) becomes physically or emotionally disabled, as
        established by the sworn affidavit of a qualified physician;
        or
            (C) has been discharged in bankruptcy; and
        (3) set forth the terms and conditions under which an
    individual receiving a scholarship under this chapter may seek
    employment in the field of law enforcement in a State other than
    the State which awarded such individual the scholarship under
    this chapter.

    (c) SERVICE OBLIGATION.--
        (1) IN GENERAL.-- Except as provided in paragraph (2), each
    individual awarded a scholarship under this chapter shall work
    in a law enforcement position in the State which awarded such
    individual the scholarship for a period of one month for each
    credit hour for which funds are received under such scholarship.
        (2) SPECIAL RULE.--For purposes of satisfying the
    requirement specified in paragraph (1), each individual awarded
    a scholarship under this chapter shall work in a law enforcement
    position in the State which awarded such individual the
    scholarship for not less than 6 months nor more than 2 years.

!!SEC. 169. AUTHORIZATION OF APPROPRIATIONS.!!

    (a) GENERAL AUTHORIZATION OF APPROPRIATIONS.--There are
authorized to be appropriated $30,000,000 for each of the fiscal
years 1995, 1996, 1997, 1998, and 1999 to carry out this chapter.

    (b) USES OF FUNDS.--Of the funds appropriated under subsection
(a) for any fiscal year--
        (1) 75 percent shall be available to provide scholarships
    described in section 163(a)(1)(A); and
        (2) 25 percent shall be available to provide employment
    described in sections 163(a)(1)(B) and 163(a)(2).

                           !!CHAPTER 3--REPORTS !!

!!SEC. 171. REPORTS TO CONGRESS.!!

    (a) ANNUAL REPORTS.--No later than April 1 of each fiscal year,
the Director shall submit a report to the Attorney General, the
President, the Speaker of the House of Representatives, and the
President of the Senate. Such report shall--
        (1) state the number of current and past participants in
    the Police Corps program authorized by chapter 1, broken down
    according to the levels of educational study in which they are
    engaged and years of service they have served on police forces
    (including service following completion of the 4-year service
    obligation);
        (2) describe the geographic, racial, and gender dispersion
    of participants in the Police Corps program;
        (3) state the number of present and past scholarship
    recipients under chapter 2, categorized according to the levels
    of educational study in which such recipients are engaged and
    the years of service such recipients have served in law
    enforcement;
        (4) describe the geographic, racial, and gender dispersion
    of scholarship recipients under chapter 2; and
        (5) describe the progress of the programs authorized by
    this title and make recommendations for changes in the programs.

    (b) SPECIAL REPORT.--Not later than 6 months after the date of
enactment of this Act, the Attorney General shall submit a report to
Congress containing a plan to expand the assistance to Federal law
enforcement officers. Such plan shall contain information of the
number and type of Federal law enforcement officers eligible for
such assistance.

                         !!TITLE II--CRIME VICTIMS!!

                        !!SUBTITLE A--CRIME VICTIMS!!

!!SEC. 201. AVAILABILITY OF FUNDS.!!

    Section 1402 of the Victims of Crime Act of 1984 is amended so
that subsection (c) reads as follows:

    "(c) AVAILABILITY OF FUNDS FOR EXPENDITURE; GRANT PROGRAM
PERCENTAGES.--
        "(1) Sums deposited in the Fund shall remain in the Fund
    and be available for expenditure under this subsection for
    grants under this chapter without fiscal year limitation.
        "(2) The Fund shall be available as follows:
            "(A) The first $6,200,000 deposited in the Fund in each
        of the fiscal years 1992 through 1995 and the first
        $3,000,000 in each fiscal year thereafter shall be available
        to the judicial branch for administrative costs to carry out
        the functions of the judicial branch under sections 3611 and
        3612 of title 18, United States Code.
            "(B) Of the first $100,000,000 deposited in the Fund in
        a particular fiscal year--
                "(i) 49.5 percent shall be available for grants
            under section 10602 of this title;
                "(ii) 45 percent shall be available for grants
            under section 10603(a) of this title;
                "(iii) 1 percent shall be available for grants
            under section 10603(c) of this title; and
                "(iv) 4.5 percent shall be available for grants as
            provided in section 10603a of this title.
            "(C) The next $5,500,000 deposited in the Fund in a
        particular fiscal year shall be available for grants as
        provided in section 10603a of this title.
            "(D) The next $4,500,000 deposited in the Fund in a
        particular fiscal year shall be available for grants under
        section 10603(a) of this title.
            "(E) Any deposits in the Fund in a particular fiscal
        year that remain after the funds are distributed under
        subparagraphs (A) through (D) shall be available as follows--

                "(i) 47.5 percent shall be available for grants
            under section 10602 of this title;
                "(ii) 47.5 percent shall be available for grants
            under section 10603(a) of this title; and
                "(iii) 5 percent shall be available for grants
            under section 10603(c) of this title.".

!!SEC. 202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN
            FEDERAL PROGRAMS.!!

    Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C.
10602) is amended by adding at the end the following:

    "(e) Notwithstanding any other provision of law, if the
compensation paid by an eligible crime victim compensation program
would cover costs that a Federal program, or a federally financed
State or local program, would otherwise pay, then--
        "(1) such crime victim compensation program shall not pay
    that compensation; and
        "(2) the other program shall make its payments without
    regard to the existence of the crime victim compensation
    program.".

!!SEC. 203. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.!!

    Rule 32 of the Federal Rules of Criminal Procedure is amended
by--
        (1) striking "and" following the semicolon in subsection
    (a)(1)(B);
        (2) striking the period at the end of subsection (a)(1)(C)
    and inserting in lieu thereof "; and";
        (3) inserting after subsection (a)(1)(C) the following:
            "(D) if sentence is to be imposed for a crime of
        violence or sexual abuse, address the victim personally if
        the victim is present at the sentencing hearing and
        determine if the victim wishes to make a statement and to
        present any information in relation to the sentence.";
        (4) in the second to last sentence of subsection (a)(1),
    striking "equivalent opportunity" and inserting in lieu thereof
    "opportunity equivalent to that of the defendant's counsel";
        (5) in the last sentence of subsection (a)(1) inserting
    "the victim," before "or the attorney for the Government."; and
        (6) adding at the end the following:

    "(f) DEFINITIONS.--For purposes of this rule--
        "(1) `victim' means any individual against whom an offense
    for which a sentence is to be imposed has been committed, but
    the right of allocution under subsection (a)(1)(D) may be
    exercised instead by--
            "(A) a parent or legal guardian in case the victim is
        below the age of 18 years or incompetent; or
            "(B) one or more family members or relatives designated
        by the court in case the victim is deceased or
        incapacitated;
        if such person or persons are present at the sentencing
    hearing, regardless of whether the victim is present; and
        "(2) `crime of violence or sexual abuse' means a crime that
    involved the use or attempted or threatened use of physical
    force against the person or property of another, or a crime
    under chapter 109A of title 18, United States Code.".

              !!SUBTITLE B--CONFIDENTIALITY FOR ABUSED PERSONS!!

!!SEC. 211. CONFIDENTIALITY FOR ABUSED PERSONS.!!

    No later than 90 days after the enactment of this Act, the
Postmaster General shall promulgate regulations to secure the
confidentiality of abused persons' addresses or otherwise prohibit
the disclosure of an abused person's address consistent with the
following:
        (1) Confidentiality shall be provided upon the presentation
    to an appropriate postal official of an existing and valid court
    order for the protection of an abused spouse, or upon an
    affidavit containing a statement that an address or organization
    is a domestic violence shelter or service provider and a letter
    from the State coalition for domestic violence in that State
    confirming such statement.
        (2) Disclosure of addresses to State or Federal agencies
    for legitimate law enforcement or other governmental purposes
    shall not be prohibited.
        (3) Compilations of addresses existing at the time the
    order is presented to an appropriate postal official shall be
    excluded from the scope of the proposed regulations.

                    !!SUBTITLE C--FULL FAITH AND CREDIT!!

!!SEC. 221. FULL FAITH AND CREDIT GIVEN TO PROTECTION ORDERS.!!

    (a) FULL FAITH AND CREDIT.--Any protection order issued
consistent with the terms of subsection (b) by the court of one
State (the issuing State) shall be accorded full faith and credit by
the court of another State (the enforcing State) and enforced as if
it were the order of the enforcing State.

    (b) PROTECTION ORDER.--A protection order issued by a State
court is consistent with the provisions of this section if--
        (1) such court has jurisdiction over the parties and matter
    under the law of such State; and
        (2) reasonable notice and opportunity to be heard is given
    to the person against whom the order is sought sufficient to
    protect that person's right to due process. In the case of ex
    parte orders, notice and opportunity to be heard must be
    provided within the time required by State law, and in any event
    within a reasonable time after the order is issued, sufficient
    to protect the respondent's due process rights.

    (c) CROSS OR COUNTER PETITION.--A protection order issued by a
State court against one who has petitioned, filed a complaint, or
otherwise filed a written pleading for protection against abuse by a
spouse or intimate partner is not entitled to full faith and credit
if--
        (1) no cross or counter petition, complaint, or other
    written pleading was filed seeking such a protection order; or
        (2) a cross or counter petition has been filed and the
    court did not make specific findings that each party was
    entitled to such an order.

    (d) DEFINITIONS.--As used in this subtitle--
        (1) the term "spouse or intimate partner" includes--
            (A) a spouse, a former spouse, a person who shares a
        child in common with the abuser, a person who cohabits or
        has cohabited with the abuser as a spouse, and any other
        person similarly submitted to a spouse; and
            (B) any other person, other than a minor child, who is
        protected by the domestic or family violence laws of the
        State in which the injury occurred or where the victim
        resides;
        (2) the term "protection order" includes any injunction or
    other order issued for the purpose of preventing violent or
    threatening acts by one spouse against his or her spouse, former
    spouse, or intimate partner, including temporary and final
    orders issued by civil and criminal courts (other than support
    or child custody orders) whether obtained by filing an
    independent action or as a pendente lite order in another
    proceeding so long as any civil order was issued in response to
    a complaint, petition or motion filed by or on behalf of an
    abused spouse or intimate partner;
        (3) the term "State" includes a State of the United States,
    the District of Columbia, and any Indian tribe, commonwealth,
    territory, or possession of the United States; and
        (4) the term "travel across State lines" does not include
    travel across State lines by an individual who is a member of an
    Indian tribe when such individual remains at all times in the
    territory of the Indian tribe of which the individual is a
    member.

                       !!TITLE III--CRIME PREVENTION!!

                         !!SUBTITLE A--SAFE SCHOOLS!!

!!SEC. 301. SAFE SCHOOLS.!!

    (a) IN GENERAL.--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 T as part U;
        (2) by redesignating section 2001 as section 2101; and
        (3) by inserting after part S the following:

                     !!"PART T--SAFE SCHOOLS ASSISTANCE!!

!!"SEC. 2001. GRANT AUTHORIZATION.!!

    "(a) IN GENERAL.--The Director of the Bureau of Justice
Assistance, in consultation with the Secretary of Education, may
make grants to local educational agencies for the purpose of
providing assistance to such agencies most directly affected by
crime and violence.

    "(b) MODEL PROJECT.--The Director, in consultation with the
Secretary of Education, shall develop a written safe schools model
in English and in Spanish in a timely fashion and make such model
available to any local educational agency that requests such
information.

!!"SEC. 2002. USE OF FUNDS.!!

    "Grants made by the Director under this part shall be used--
        "(1) to fund anticrime and safety measures and to develop
    education and training programs for the prevention of crime,
    violence, and illegal drugs and alcohol;
        "(2) for counseling programs for victims of crime within
    schools;
        "(3) for crime prevention equipment, including metal
    detectors and video-surveillance devices; and
        "(4) for the prevention and reduction of the participation
    of young individuals in organized crime and drug and gang-
    related activities in schools.

!!"SEC. 2003. APPLICATIONS.!!

    "(a) IN GENERAL.--In order to be eligible to receive a grant
under this part for any fiscal year, a local educational agency
shall submit an application to the Director in such form and
containing such information as the Director may reasonably require.

    "(b) REQUIREMENTS.--Each application under subsection (a) shall
include--
        "(1) a request for funds for the purposes described in
    section 2002;
        "(2) a description of the schools and communities to be
    served by the grant, including  the nature of the crime and
    violence problems within such schools;
        "(3) 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; and
        "(4) statistical information in such form and containing
    such information that the Director may require regarding crime
    within schools served by such local educational agency.

    "(c) COMPREHENSIVE PLAN.--Each application shall include a
comprehensive plan that shall contain--
        "(1) a description of the crime problems within the schools
    targeted for assistance;
        "(2) a description of the projects to be developed;
        "(3) a description of the resources available in the
    community to implement the plan together with a description of
    the gaps in the plan that cannot be filed with existing
    resources;
        "(4) an explanation of how the requested grant will be used
    to fill gaps;
        "(5) a description of the system the applicant will
    establish to prevent and reduce crime problems; and
        "(6) a description of educational materials to be developed
    in Spanish.

!!"SEC. 2004. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.!!

    "(a) ADMINISTRATIVE COST LIMITATION.--The Director shall use
not more than 5 percent of the funds available under this part for
the purposes of administration and technical assistance.

    "(b) RENEWAL OF GRANTS.--A grant under this part may be renewed
for up to 2 additional years after the first fiscal year during
which the recipient receives its initial grant under this part,
subject to the availability of funds, if--
        "(1) the Director determines that the funds made available
    to the recipient during the previous year were used in a manner
    required under the approved application; and
        "(2) the Director determines that an additional grant is
    necessary to implement the crime prevention program described in
    the comprehensive plan as required by section 2003(c).

!!"SEC. 2005. AWARD OF GRANTS.!!

    "(a) SELECTION OF RECIPIENTS.--The Director, in consultation
with the Secretary of Education, shall consider the following
factors in awarding grants to local educational agencies:
        "(1) CRIME PROBLEM.--The nature and scope of the crime
    problem in the targeted schools.
        "(2) NEED AND ABILITY.--Demonstrated need and evidence of
    the ability to provide the services described in the plan
    required under section 2003(c).
        "(3) POPULATION.--The number of students to be served by
    the plan required under section 2003(c).

    "(b) GEOGRAPHIC DISTRIBUTION.--The Director shall attempt, to
the extent practicable, to achieve an equitable geographic
distribution of grant awards.

!!"SEC. 2006. REPORTS.!!

    "(a) REPORT TO DIRECTOR.--Local educational agencies that
receive funds under this part shall submit to the Director a report
not later than March 1 of each year that describes progress achieved
in carrying out the plan required under section 2003(c).

    "(b) REPORT TO CONGRESS.--The Director shall submit to the
Committee on Education and Labor and the Committee on the Judiciary
a report by October 1 of each year in which grants are made
available under this part which shall contain a detailed statement
regarding grant awards, activities of grant recipients, a
compilation of statistical information submitted by applicants under
2003(b)(4), and an evaluation of programs established under this
part.

!!"SEC. 2007. DEFINITIONS.!!

    "For the purpose of this part--
        "(1) the term `Director' means the Director of the Bureau
    of Justice Assistance; and
        "(2) the term `local educational agency' means a public
    board of education or other public authority legally constituted
    within a State for either administrative control or direction of,
    or to perform a service function for, public elementary and
    secondary schools in a city, county, township, school district,
    or other political subdivision of a State, or such combination
    of school districts of counties as are recognized in a State as
    an administrative agency for its public elementary and secondary
    schools. Such term includes any other public institution or
    agency having administrative control and direction of a public
    elementary or secondary school.".

    (b) CONFORMING AMENDMENT.--The table of contents of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.), is amended by striking the matter relating to part S
and inserting the following:

                       "PART T--SAFE SCHOOLS ASSISTANCE

"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 Housing and Urban Development,
shall make grants, to the extent that amounts are approved in
appropriations Acts under subsection (m) to--
        (1) eligible entities to assist such entities in carrying
    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 operating
    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 federally-
        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 Attorney General may exempt an eligible advisory entity
    from the prohibition under this paragraph in extraordinary
    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 program, 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 assisted low-income
    housing.
        (3) The program shall be designed to serve primarily 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 sexually 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 counseling, training, and
    education  provided by the program, in accordance with criteria
    for  demonstrating need, which shall be established by the
    Attorney  General in consultation with the Secretary of Housing
    and Urban  Development and the Secretary of Labor, and with the
    Advisory  Committee.
        (6) Sports games of the league shall be held between 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 financial 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 Development and with the Advisory Committee.
        (9) Administrators or organizers of the program 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 Housing and Urban
    Development, may not make a grant under subsection (a)(1) to an
    eligible entity that applies for a grant under subsection (f)
    unless the applicant 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 organizations, public housing agencies, States, units
    of general local government, and Indian housing authorities,
    private contributions, any salary paid to staff (other than
    from grant amounts under subsection (a)(1)) to carry out the
    program of the eligible entity, in-kind contributions to carry
    out the program (as determined by the Attorney General, in
    consultation with the Secretary of Housing and Urban Development
    and with the Advisory Committee), the value of any  donated
    material, equipment, or building, 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 Development, 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 beginning on the  date that the
    entity is selected to receive 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 manner 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 training, 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 service providers;
        (3) letters of agreement providing for facilities for
    sports games and counseling, training, and educational  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 expressed interest in  sponsoring,
    or have made commitments to sponsor, a team in the  midnight
    sports league; and
        (5) evidence that the neighborhood or community served by
    the  program meets the requirements of subsection (d)(3).

    (g) SELECTION.--The Attorney General, in consultation with the
Secretary of Housing and Urban Development and with the Advisory
Committee, shall select eligible 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  Committee, 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 assistance 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 successful 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 operation of such
        programs.
        (2) Use.--Amounts received under technical assistance
    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)) regarding  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 pursuant to subsection (m)(2) in
    each year, the Attorney General, in consultation with the
    Secretary of Housing and Urban Development, shall make
    technical assistance grants under subsection (a)(2). In each
    fiscal year that such amounts are available the Attorney
    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 assist in providing grants under this
subsection.  The Advisory Committee shall be composed of not more
than 7 members, as follows:
        (1) Not fewer than 2 individuals who are involved 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, Department of Health
    and Human Services, who is involved in administering the grant
    program for prevention, treatment, and rehabilitation model
    projects for high risk youth under section 517 of the Public
    Health Service Act (42 U.), who shall be selected
    by the Secretary of Health and Human Services.
        (3) A representative of the Department of Education, 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
    Department 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 receiving 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 subsection.  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 submit 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 subsection (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 REDUCE SEXUAL
            ASSAULTS AGAINST WOMEN.!!

    The Director of the Bureau of Justice Assistance (referred 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 secondary 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 programs for
    professionals, including the development and dissemination of
    protocols for the routine identification, treatment, and
    appropriate referral of victims of sexual assault by hospital
    emergency personnel 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 prisons.
        (6) to prepare and disseminate informational materials
    designed to educate the community regarding sexual assault and
    prevention; and
        (7) to develop other projects to increase awareness and
    prevention of sexual assault, including efforts to increase
    awareness of sexual assault prevention among racial, ethnic,
    cultural and language minorities.

!!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 Director 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 funded under this subtitle.

    (c) REQUIRED PLAN.--Each application shall include a plan that
contains--
        (1) a description of the projects to be developed;
        (2) a description of how funds would be spent;
        (3) a statement of staff qualifications and demonstrated
    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 performance report with
the Director explaining the activities carried out together with an
assessment of the effectiveness 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
performance 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 requirement or limit on the
        amount of a reimbursement;
            (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 victims with limited or no
        English proficiency, regarding how to obtain reimbursement.

!!SEC. 325. DEFINITIONS.!!

    For purposes of this subtitle--
        (1) the term "eligible entity" means a non-profit,
    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 becoming separated
    from their primary caretaker parents due to the incarceration of
    such parents in prisons and jails.
        (2) This separation of children from their primary
    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 rehabilitative programs.
        (5) Maintaining strong family ties during imprisonment 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 incarceration 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 relationships, and
        (5) to reduce the cost of providing correctional services
    and maintaining traditional correctional facilities 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.
        (2) CHILD.--The term "child" means an individual 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 prisoners 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 relationship, including
            educating parents regarding--
                    (I) child development, and
                    (II) household management,
                (iv) alcoholism and drug addiction treatment for
            prisoners and age-appropriate substance abuse education
            for their children, and
                (v) programs and support services to help residents-

                    (I) to improve and maintain mental and physical
                health, including access to counseling and other
                community services,
                    (II) to obtain adequate housing upon release
                from State incarceration,
                    (III) to obtain suitable education, employment,
                or training for employment, 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 exceeding 180 days, and
            (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 exceeds 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 responsibility
            for the housing (including temporary placement in the
            home of a responsible adult), health, and safety of such
            parent's child, or
            (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 incarcerated.
        (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 appropriated
$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 Institute is
authorized to make grants, on a competitive basis, to States to
carry out in accordance with this chapter family unity demonstration
projects that enable eligible prisoners to live in community
correctional facilities with their children.

    (b) PREFERENCE.--For the purpose of making grants under
subsection (a), the Institute shall give preference to any eligible
State that includes in the application required by section 332
assurances that if such State receives such a grant--
        (1) both the State corrections agency and the State health
    and human services agency will participate substantially in, and
    cooperate closely in all aspects of, the development and
    operation of the family unity demonstration project for which
    such a grant is requested,
        (2) public and nonprofit private community-based
    organizations will be integrally involved in carrying out such
    project, both in an advisory capacity and as contractors,
        (3) boards made up of community residents, local businesses,
    corrections officials, former prisoners, child development
    professionals, educators, and maternal and child health
    professionals will be established to advise the State regarding
    the operation 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 not as an alternative to
    placement in halfway houses,
        (5) the State will target economically disadvantaged,
    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 during a 1-year period, and
        (8) for the purpose of selecting eligible prisoners 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 imprisonment 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 application, 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 applications,
            (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 caretaker, custodian, or guardian of the child of such
        prisoner written notice that--
                (i) the State will review such application,
                (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 application is approved, and
                (iii) the State will accept from the recipients of
            such notice comments with respect to such application,
            and
            (E) not more than 40 days after giving such notice--
                (i) approve or disapprove such application, and
                (ii) give such prisoner and such caretaker,
            custodian, or guardian written notice of, and a
            statement of the reasons for, the approval or
            disapproval of such application.

    (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 subsection (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 geographically 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 expended. Such report
shall be submitted not later than 90 days after the 1-year period in
which such grant is required to be expended. Such report shall--
        (1) specify the number of prisoners who submitted, 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 DEMONSTRATION PROJECT FOR
                             FEDERAL PRISONERS!!

!!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 to live in community
correctional facilities with their children.

!!SEC. 422. REQUIREMENTS.!!

    For the purpose of carrying out a family unity demonstration
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 operation of such project, and
        (3) submit to the National Institute of Corrections 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--
        (1) the term "residential substance abuse treatment" 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 problems of the
        prisoner;
            (B) intended to develop a prisoner's cognitive,
        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 treatment plans;
                (iii) opportunity for involvement in Alcoholics
            Anonymous, Narcotics Anonymous, or Cocaine Anonymous;
                (iv) parenting skills training, domestic violence
            counseling, and sexual abuse counseling, where
            appropriate;
                (v) HIV education, counseling and testing, when
            requested, and early intervention services for
            seropositive individuals;
                (vi) services that facilitate access to health and
            social services, where appropriate and to the extent
            available; and
                (vii) planning for and counseling to assist reentry
            into society, including referrals to appropriate
            educational, vocational, and other employment-related
            programs (to the extent available), referrals to
            appropriate outpatient or other drug or alcohol
            treatment, counseling, transitional housing, and
            assistance in obtaining suitable affordable housing and
            employment upon discharge.
        (2) the term "eligible prisoner" means a prisoner 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 minimum of one year
    involving sustained and frequent interaction between the program
    and with individuals who have successfully completed a program
    of residential substance abuse treatment, and shall include
    consistent personal interaction between the individual and a
    primary 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; and
        (4) the term "substance abuse" means the abuse of drugs or
    alcohol.

!!SEC. 433. IMPLEMENTATION OF SUBSTANCE ABUSE TREATMENT
            REQUIREMENT.!!

    (a) IN GENERAL.--In order to carry out the requirement 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 appropriate substance abuse treatment,
the Bureau of Prisons shall provide residential substance abuse
treatment--
        (1) for not less than 50 percent of eligible prisoners by
    the end of fiscal year 1993;
        (2) for not less than 75 percent of eligible prisoners by
    the end of fiscal year 1994; and
        (3) for all eligible prisoners by the end of fiscal year
    1995 and thereafter.

    (b) PREFERENCE FOR COMMUNITY-BASED PROGRAMS.--Residential
substance abuse treatment services shall be provided, to the
greatest extent possible, by community-based drug and alcohol
treatment programs.

    (c) INCENTIVE FOR PRISONERS' SUCCESSFUL COMPLETION 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 COMPLETION 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-incarceration 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 confinement
    include custody outside a correctional facility, 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 thereafter, a report. Such
report shall contain--
        (1) a detailed quantitative and qualitative description of
    each substance abuse treatment program, 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 requirements of this Act.

!!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 subtitle.

           !!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 for the purpose of developing and
implementing residential substance abuse treatment programs within
State correctional 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 correctional
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 programs.

    "(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 testing of individuals in correctional
residential substance abuse treatment programs. Such testing shall
include individuals released from residential substance abuse
treatment 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 participate in the
    substance abuse treatment program established or implemented
    with assistance provided under this part will be provided with
    aftercare services.
        "(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, parole supervision programs, half-way house programs,
    and participation in self-help and peer group programs, that may
    aid in the rehabilitation of individuals 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 organizations involved in substance abuse
    treatment or offender management, shall assist in placement of
    substance abuse treatment program participants with appropriate
    community substance abuse treatment 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, processing, progress, financial
    reporting, technical assistance, 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 determining that--
        "(1) the application is consistent with the requirements 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 accordance with this part.

    "(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 received 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 RECONSIDERATION.--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 appropriated under this
part in any fiscal year--
        "(1) 0.4 percent shall be allocated to each of the
    participating States; and
        "(2) of the total funds remaining after the allocation
    under paragraph (1), there shall be allocated to each of the
    participating States an amount which bears the same ratio to the
    amount of remaining funds described in this paragraph as the
    State prison population of such State bears to the total prison
    population of all the participating States.

    "(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 application 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 contents 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:
        "(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 problems of the
        prisoner;
            "(B) intended to develop the prisoner's cognitive,
        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 treatment plans;
                "(iii) opportunity for involvement in Alcoholics
            Anonymous, Narcotics Anonymous, or Cocaine Anonymous;
                "(iv) parenting skills training, domestic violence
            counseling, and sexual abuse counseling, where
            appropriate;
                "(v) HIV education, counseling and testing, when
            requested, and early intervention services for
            seropositive individuals;
                "(vi) services that facilitate access to health and
            social services, where appropriate and to the extent
            available; and
                "(vii) planning for and counseling to assist
            reentry into society, including referrals to appropriate
            educational, vocational, and other employment-related
            programs (to the extent available), referrals to
            appropriate outpatient or other drug or alcohol
            treatment, counseling, transitional housing, and
            assistance in obtaining suitable 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 minimum of one year
    involving sustained and frequent interaction between the program
    and with individuals who have participated in or successfully
    completed a program of residential substance abuse treatment,
    and shall include consistent personal interaction between the
    individual and a primary 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 section 302 of this Act, is amended by
adding after paragraph (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 government, court systems,
district attorneys, and private nonprofit organizations to establish
or expand, sentencing options in addition to existing incarceration
and probation programs for offenders who would otherwise be
sentenced to incarceration.

!!SEC. 452. USE OF FUNDS.!!

    (a) IN GENERAL.--Grants received under this chapter 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 incarceration,
    including treatment in a therapeutic community.

    (b) COURT SYSTEM.--Court systems may receive a grant to
establish and implement these systems and to train court personnel,
including judges and district attorneys, regarding how to best
utilize these programs.

    (c) NONPROFIT GROUPS.--Nonprofit groups may receive funds to
establish and implement community-based programs that reflect
community needs and draw on community resources and organizations.

!!SEC. 453. GRANT APPLICATION.!!

    (a) IN GENERAL.--Submit 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 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 defendants, who would otherwise be
    likely to receive sentences 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 receives 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 Director shall
consider the following factors in descending order of priority--
        (1) programs that make use of existing community 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 TREATMENT ALTERNATIVES TO
                               INCARCERATION!!

!!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, parolees, supervised releasees, or releasees with a
deferred prosecution.

    (b) PRIORITY.--In awarding grants under subsection (a), the
Director shall give priority to programs commensurate with the
extent to which such programs provide, directly or in conjunction
with other public or private nonprofit entities, one or more of the
following:
        (1) A continuum of offender management services 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 juvenile
    offenders.
        (3) Comprehensive treatment services for female offenders.
        (4) Comprehensive treatment services for individuals 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 treatment 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.
        (4) Parenting skills training, domestic violence counseling,
    and sexual abuse counseling, where appropriate.
        (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 reentry into
    society, including referrals to appropriate educational,
    vocational, and other employment-related programs (to the extent
    available), referrals to appropriate outpatient or other drug or
    alcohol treatment, counseling, transitional housing, and
    assistance 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;
        (3) a comprehensive plan that describes the project, and
    specifically, how a determination will be made regarding
    eligible defendants who would otherwise be likely to receive
    sentences of incarceration, and actions that will be taken to
    apprehend individuals 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 treatment programs
    that will provide the services are licensed by the single State
    authority in the State responsible 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.

              !!SUBTITLE E--VOTING RIGHTS FOR FORMER OFFENDERS!!

!!SEC. 461. RIGHTS OF CITIZENS.!!

    The right of a citizen of the United States, who otherwise 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 election.

!!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 established 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 facility" means
    any prison, penitentiary, jail, or other institution or facility
    for the confinement of individuals convicted of criminal
    offenses, except that such term does not include any residential
    community treatment center (or similar public or private
    facility);
        (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 selection of delegates to a national
    nominating convention of a political party, or (D) a primary
    election held for the expression of a preference for the
    nomination of persons for election to the office of President;
    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 United 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 who have
expertise in treating sex offenders, shall establish criteria and
develop training programs to assist--
        (1) prison, youth residential, and mental health
    institutional staff; and
        (2) probation and parole officers and other personnel who
    work with released sex offenders in the areas of--
            (A) relapse prevention (internal and external
        management);
            (B) supervision; and
            (C) case management.

    (b) TRAINING PROGRAMS.--The Director of the National Institute
of Justice shall attempt, to the extent practicable, to make
specialized training programs developed under subsection (a)
available in geographically diverse 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 regarding sex
offender treatment programs and ensure that information regarding
specialized community treatment programs in the community into which
a convicted sex offender is released is made available to--
        (1) each person serving a sentence of imprisonment in a
    penal or correctional institution for a commission 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 imprisonment in an
    institution other than a penal or correctional 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 TRAINING FOR JUDGES AND COURT
                         PERSONNEL 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.

!!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 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 similar issues;
        (9) the reasons why victims or rape, sexual assault,
    domestic violence, and incest may refuse to testify against a
    defendant;
        (10) the nature and incidence of domestic violence;
        (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 victims 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;
        (15) proper and improper interpretations of the defenses of
    self-defense and provocation, and the use of expert witness
    testimony on battered woman syndrome;
        (16) the likelihood of retaliation, recidivism, and
    escalation of violence by batterers, and the potential impact of
    incarceration and other meaningful sanctions for acts of
    domestic violence including violations of orders of protection;
        (17) economic, psychological, social and institutional
    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
    personnel, and the legitimate reasons why victims of domestic
    violence may refuse to testify against a defendant 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 violence cases; and
        (19) recognition of and response to gender-motivated crimes
    of violence other than rape, sexual assault and domestic
    violence, such as mass or serial murder motivated by the gender
    of the victims.

!!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 enforcement officials,
public and private nonprofit victim advocates, 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 TRAINING FOR JUDGES AND COURT
                        PERSONNEL IN FEDERAL COURTS!!

!!SEC. 491. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION 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--
        (1) the treatment of litigants, witnesses, attorneys,
    jurors, and judges in the courts, including before 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 incarceration,
    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 alternative 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 Judicial branch to act
as a clearinghouse to disseminate any 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 Center, in carrying
out section 620(b)(3) of title 28, United States Code, shall--
        (1) include in the educational programs it presents and
    prepares, including the training programs for newly appointed
    judges, information on issues related 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
    recommendations 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 appropriated--
        (1) $600,000 to the Salaries and Expenses Account 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 designated by the Judicial
    Conference under section 491(b); and
        (3) such sums as are necessary to the Administrative Office
    of the United States Courts to carry out any activities
    designated by the Judicial Conference 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 result 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 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 criminal 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.

!!SEC. 503. DUTIES.!!

    (a) IN GENERAL.--The Commission shall be responsible for the
following:
        (1) Reviewing the effectiveness of traditional criminal
    justice approaches in preventing and controlling 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 Federal immigration
    laws and policies and increased development and growth along
    United States international 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 section of criminal
    justice professionals, business leaders, elected officials,
    medical doctors, and other citizens that wish to participate.
        (7) Reviewing all segments of our criminal justice system,
    including the law enforcement, prosecution, defense, judicial,
    corrections components in developing the crime control plan.

    (b) EXAMINATION.--Matters examined by the Commission 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 providing more
    effective offender rehabilitation and victim assistance programs,
    including restitution to victims of crime;
        (4) an evaluation of the efficacy of existing Federal laws
    regarding the unlawful production, distribution, and use of
    controlled substances, including the efficacy of Federal minimum
    sentences for violations 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 controlled
    substances and of potential modifications of that policy,
    including an analysis of what proportion of the funds dedicated
    to combating the unlawful sale and use of controlled substances
    should be devoted to--
            (A) interdicting controlled substances entering 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 preventing the
        unlawful use of controlled substances; or
            (D) rehabilitating individuals who use controlled
        substances unlawfully.

!!SEC. 504. MEMBERSHIP.!!

    (a) NUMBER AND APPOINTMENT.--
        (1) IN GENERAL.--The Commission shall consist of 13 members,
    as follows:
            (A) PRESIDENT.--Three individuals appointed by the
        President.
            (B) SENATE.--Five individuals appointed jointly by the
        majority and minority leaders of the Senate. Not more than 3
        members appointed under this paragraph may be of the same
        political party. At least 1 member appointed under this
        paragraph shall be a recovering 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 member appointed under this
        paragraph shall be a recovering drug abuser.
        (2) GOALS IN MAKING APPOINTMENTS.--In appointing
    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 reflects 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 education, training, expertise,
        or experience in--
                (i) sociology,
                (ii) psychology,
                (iii) law,
                (iv) bio-medicine,
                (v) addiction, and
                (vi) ethnography and urban poverty, including
            health care, housing, education, and employment.

    (b) PROHIBITION AGAINST OFFICER OR EMPLOYEE.--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 Commission.

    (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 Chairperson and Vice Chairperson of the
Commission.

    (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 member 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 original appointment was made.

    (i) COMPENSATION.--
        (1) NO PAY, ALLOWANCE, OR BENEFIT.--Members of the
    Commission shall receive no additional pay, allowances, or
    benefits by reason of their service 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 director after
consultation with the members of the Commission, who shall be paid
the rate of basic pay for level V of the Executive Schedule.

    (b) STAFF.--With the approval of the Commission, the director
may appoint personnel as the director considers 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 subchapter III of chapter 53 of that
title relating to classification and General Schedule pay rates.

    (d) EXPERTS AND CONSULTANTS.--With the approval of the
Commission, the director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.

    (e) STAFF OF FEDERAL AGENCIES.--Upon the request 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 executive and legislative branches of
government. The Chairperson of the Commission shall make requests in
writing where necessary.

    (g) PHYSICAL FACILITIES.--The General Services Administration
shall find suitable office space for the operation of the Commission.
The facilities shall serve as the headquarters of the Commission and
shall include all necessary equipment and incidentals required for
proper functioning.

!!SEC. 506. POWERS OF COMMISSION.!!

    (a) HEARINGS.--The Commission may conduct public 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 Commission, take any action the
Commission is authorized to take by this section.

    (c) INFORMATION.--The Commission may secure directly from any
Federal agency information necessary to enable it to carry out this
Act. Upon request of the Chairperson 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 Commission may accept,
use, and dispose of gifts, bequests, or devices of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission. 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 conditions 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 termination of the Commission. The interim report
    shall contain a detailed statement of the findings and
    conclusions of the Commission, together with its recommendations
    for legislative and administrative action based on the
    Commission's activities to date. A strategy for disseminating
    the report to Federal, State, and local authorities shall be
    formulated and 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 findings, conclusions, and recommendations,
    including an assessment of the extent to which recommendations
    of the Commission included in the interim report under paragraph
    (1) have been implemented.

    (c) PRINTING AND PUBLIC DISTRIBUTION.--Upon receipt of each
report of the Commission under this section, 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.

             !!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 imposed in a pattern in
    which the likelihood of a death sentence is affected by the race
    of the perpetrator or of the victim;
        (5) the United States Supreme Court has concluded 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 discriminatory motives in the case of a particular
    defendant;
        (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, preventive measures not only to eliminate
    adjudicated instances of official race discrimination but also
    to eradicate wide-scale patterns and practices that entail an
    intolerable danger that persons of different races would be
    treated differently; and
        (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 guarantee 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 following new chapter:

               !!"CHAPTER 177--RACIALLY DISCRIMINATORY CAPITAL
                                 SENTENCING!!

"Sec.


"2921. Definitions.
"2922. Prohibition on the imposition or execution of the death
            penalty in a racially discriminatory pattern.
"2923. Data on death penalty cases.
"2924. Enforcement of the chapter.
"2925. Construction of chapter.

!!"S 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,
        and the greater frequency is not explained by pertinent
    nonracial circumstances;
        "(2) the term `death-eligible crime' means a crime for
    which death is a punishment that is authorized by law to be
    imposed under any circumstances upon a conviction of that crime;
        "(3) the term `case of death-eligible crime' means a case
    in which the complaint, indictment, information, or any other
    initial or subsequent charging 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 punishment for crime.

!!"S 2922. Prohibition on the imposition or execution of the death
            penalty in a racially discriminatory pattern!!

    "(a) PROHIBITION.--It is unlawful to impose or execute
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 pursuant to any law if that person's
death sentence furthers 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 discriminatory
    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 sentences 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
discriminatory pattern, a State or Federal entity must establish by
clear and convincing evidence that identifiable and pertinent
nonracial factors persuasively explain the observable racial
disparities comprising the pattern.

!!"S 2923. Data on death penalty cases!!

    "(a) DESIGNATION OF AGENCY.--Any State or Federal 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 prosecution 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 indexed file of
    all police and investigative reports 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 investigative
    reports to the counsel of record for any person charged with any
    death-eligible crime or sentenced to death who has made or
    intends to make a claim under section 2922 and it may also allow
    access to this file to other persons.

    "(c) RESPONSIBILITY OF LOCAL OFFICIAL.--(1) Each local official
responsible for the investigation or prosecution of death-eligible
crimes shall--
        "(A) complete the standard form developed pursuant to
    subsection (b)(2) on every case of death-eligible 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 dismissal 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 official or
agency shall transmit to the central agency one copy of all police
and investigative reports made in connection with each case of death-
eligible crime.

    "(d) PERTINENT DATA.--The pertinent data required in the
standard form shall be designated by the central agency but shall
include, at a minimum, the following information:
        "(1) Pertinent demographic information on all persons
    charged with the crime and all victims (including race, sex, age,
    and national origin).
        "(2) Information on the principal features of the crime.
        "(3) Information on the aggravating and mitigating factors
    of the crime, including the background and character of every
    person charged with the crime.
        "(4) A narrative summary of the crime.

!!"S 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 counsel; and
        "(2) the court shall furnish investigative, expert or other
    services necessary for the adequate development of the claim to
    any such person who is financially unable to obtain such
    services.

    "(b) DETERMINATION BY A STATE COURT.--Notwithstanding 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 proceeding 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 development of the claim which were substantially
    equivalent to those provided by subsection (a); and
        "(3) the determination is one which is otherwise entitled
    to be presumed to be correct under the criteria specified in
    section 2254.

!!"S 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 Code, is amended by adding at the
end thereof the following 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
adjudication 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 determined on the merits in
a Federal habeas corpus proceeding, 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 merits of that
claim, the law in effect at the time of the determination shall
apply.

    (b) DEFINITION.--As used in this subsection, the term "existing
race bias claim" means a claim of race discrimination, or bias on
the basis of race--
        (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 announced 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 Equitable
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).

!!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 GUIDELINES.!!

    Not later than 30 days after the date of the enactment of this
Act, the United States Sentencing Commission 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 Uniformity Act of
1993".

!!SEC. 642. AMENDMENTS TO ACHIEVE SENTENCING UNIFORMITY.!!

    (a) LAWS CODIFIED IN TITLE 2 OF THE UNITED STATES CODE.--
        (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 Elections 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,
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".

    (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 misdemeanor" 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 misdemeanor" 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 probation unless the defendant
is sentenced at the same time to a term of imprisonment for the same
or different offense.".
        (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";
            (D) by inserting "not more than" before "twenty years";
            (E) by striking "without release" and inserting "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 paragraph (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
            (C) by striking the last sentence of subsection (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 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 inserting "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 subsection (i) and inserting "fined
    under this title or imprisoned for not more than 5 years, or
    both.".
        (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 Revised 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 under title 18, United States Code, or
        imprisoned 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
        imprisoned not more than 3 years, or both.".
        (3) Section 401(b)(1) of the Controlled Substances 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 inserting "of any term of years or for";
                (ii) by striking "which may not be less than 20
            years and not more than life imprisonment" 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
                (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";
            (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 imprisonment" 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 imprisonment" 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 imprisonment" 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--
            (A) in subsection (b), by striking the last sentence;
            (B) in subsection (c), by striking the penultimate
        sentence; and
            (C) by striking subsection (e).
        (10) Section 1010(b) of the Controlled Substances 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 imprisonment" 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";
                (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 Revised 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, 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 conviction" 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 UNITED STATES CODE AND
ITS APPENDIX.--Section 806(b) 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 misdemeanor" 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
            (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 amended--
            (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 chapter 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 contribute to the
conviction or sentence. The admission into evidence 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 Constitution of the United States.

         !!TITLE VII--FISCAL IMPACT OF CRIMINAL JUSTICE SENTENCING!!

!!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 report that could increase or
decrease the number of persons incarcerated in State or Federal
penal institutions.

    (b) CONTENTS.--A criminal justice impact assessment shall
include--
        (1) an estimate of the costs which would be incurred in
    carrying out the bill, joint resolution, amendment, motion, or
    conference report in the current fiscal year and in each of the
    five succeeding fiscal years, including the costs associated
    with--
            (A) prison, probation, and post-prison supervision
        services;
            (B) the Department of Justice;
            (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 Office shall prepare
a statement--
        (1) not more than 7 days after a bill or conference report
    is reported out of committee; or
        (2) not more than 7 days after a bill, amendment, 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, including the
Administrative Office of the Courts, the Bureau of Prisons, the
United States Sentencing Commission, Office of Justice Programs, and,
where appropriate, non-governmental agencies.

!!SEC. 702. POINT OF ORDER.!!

    It shall not be in order in either the House of Representatives
or the Senate to consider any bill, joint resolution, 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 prepared 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 summary 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 calendar year.

                     !!TITLE VIII--HABEAS CORPUS REFORM!!

!!SEC. 801. SHORT TITLE.!!

    This title may be cited as the "Habeas Corpus Reform 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 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 unitary review of the
    conviction and sentence, if a petition 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 certiorari the Supreme
    Court grants the writ and disposes of the case in a manner that
    leaves the capital sentence undisturbed.

    "(2) The time requirements established by this section shall be
tolled--
        "(A) during any period in which the State has failed to
    provide counsel as required in section 2257 of this chapter;
        "(B) during the period from the date the applicant files an
    application for State postconviction relief 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 habeas 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 paragraph;
        (2) by inserting "(2)" before the second paragraph; 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 jurisdiction over an
application for habeas corpus under this chapter. The stay shall be
contingent upon reasonable diligence by the individual in pursuing
relief with respect to such sentence and shall expire if--
        "(1) the individual fails to apply for relief under this
    chapter within the time requirements established 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 certiorari 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 Supreme 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 consequences 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 following:

!!"S 2256. Law applicable!!

    "(a) Except as provided in subsection (b), in an action 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 proscribe or punish with the
    sanction imposed; or
        "(2) requires the observance of procedures without which
    the likelihood of an accurate conviction 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 reasonably 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.".

!!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:

!!"S 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 presume 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 manner 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 eligible for
    the appointment of counsel and did not waive such an appointment,
    the State actually appointed an attorney or attorneys to
    represent the applicant 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 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 unitary 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 authority, 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
        commitment to, the representation of criminal defendants in
        capital cases, and comprised of a balanced 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 negotiations and
            litigation in capital cases, the investigation of
            capital cases and the psychiatric 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 attorney who fails to meet
        qualification and performance standards; and
            "(C) appoint a defense team, which shall include at
        least 2 attorneys, to represent a client at the relevant
        stage of proceedings, within 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 attorney requested is able to provide
    the client with quality legal representation.
        "(5) No counsel appointed pursuant to this section 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 representation.
        "(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
    proceedings.
        "(7) Upon receipt of notice from the counsel authority that
    an individual entitled to the appointment of counsel under this
    section has declined to accept such an appointment, the court
    requesting the appointment shall conduct, or cause to be
    conducted, a hearing, at which the individual and counsel
    proposed to be appointed under this section shall be present, to
    determine the individual's competency to decline the appointment,
    and whether the individual has knowingly and intelligently
    declined it.
        "(8) Attorneys appointed pursuant to this section shall be
    compensated on an hourly basis pursuant to a schedule of hourly
    rates as periodically established by the counsel authority after
    consultation with the highest State court with jurisdiction over
    criminal matters. Appointed counsel shall be reimbursed for
    expenses reasonably incurred in representing 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.".

!!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 application under this chapter, shall
    be dismissed unless--
            "(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 Constitution 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 sentence 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 proceeding 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.
    However, 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
    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 violation 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:

!!"S 2258. Claims of innocence!!

    "(a) At any time, and notwithstanding any other provision 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 presented 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.

    "(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 issues 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 currently
entitled to pursue other available and effective remedies 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 subsection (c) shall remain in effect during such
a suspension.

    "(f) An application under this section may be consolidated with
any other pending application under this chapter, filed by the same
applicant.".

    (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 Supreme Court
    of the United States; and
        "(B) the applicant fails to show cause for the failure to
    raise the claim in State court and prejudice to the applicant's
    right to fair proceedings or to an accurate outcome resulting
    from the alleged violation of the Federal right asserted, or
    that failure to consider the claim would result in a miscarriage
    of justice.

    "(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 purposes. 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 Supreme 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 ineffective 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.--
        (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 section 923, unless--
        "(A) after the most recent proposal of such transfer by the
    transferee--
            "(i) the transferor has--
             s  "(I) received from the transferee a statement of
            the transferee containing the information described in
      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 receipt or possession of the handgun by the
        transferee would violate Federal, State, or local law;
        "(B) the transferee has presented to the transferor a
    written statement, issued by the chief law enforcement officer
    of the place of residence of the transferee during the 10-day
    period ending on the date of the most recent proposal of such
    transfer by the transferee, stating that the transferee requires
    access to a handgun because of a threat to the life of the
    transferee or of any member of the household of the transferee;
        "(C)(i) the transferee has presented to the transferor a
    permit that--
            "(I) allows the transferee to possess a handgun; 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 government official has
    verified that the information available to such official does
    not indicate that possession of a handgun by the transferee
    would be in violation of the law;
        "(D) the law of the State requires that, before any
    licensed importer, licensed manufacturer, or licensed dealer
    completes the transfer of a handgun to an individual who is not
    licensed under section 923, an authorized government official
    verify that the information available to such official does not
    indicate that possession of a handgun by the transferee would be
    in violation of law, except that this subparagraph 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 established
    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 Secretary has
    certified that compliance with subparagraph (A)(i)(III) is
    impracticable because--
            "(i) the ratio of the number of law enforcement
        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 transferor at which
        the transfer is to occur are extremely remote in relation to
        the chief law enforcement officer; and
            "(iii) there is an absence of telecommunications
        facilities in the geographical area in which the business
        premises are located.

    "(2) A chief law enforcement officer to whom a transferor 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 criminal 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 Attorney
General.

    "(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
        "(A) the name, address, and date of birth appearing on a
    valid identification document (as defined in section 1028(d)(1))
    of the transferee containing a photograph of the transferee and
    a description 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 punishable 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 section 102 of the
        Controlled Substances Act);
            "(iv) has not been adjudicated as a mental defective or
        been committed to a mental institution;
            "(v) is not an alien who is illegally or unlawfully 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 obtain 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.

    "(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 otherwise
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
        "(iii) the information contained in the statement 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 information
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 possession 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 ensure that
the provisions of this subsection are published and disseminated to
licensed dealers, law enforcement officials, and the public.".
        (2) HANDGUN DEFINED.--Section 921(a) of such title is
    amended by adding at the end the following:

    "(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 assembled.".

    (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 following:

    "(t)(1) Beginning on 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), a licensed importer,
licensed manufacturer, or licensed 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 background 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 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 government official has
    verified that the information available to such official does
    not indicate that possession of a firearm by such other person
    would be in violation of law;
        "(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 Secretary has
    certified that compliance with paragraph (1)(A) is impracticable
    because--
            "(i) the ratio of the number of law enforcement
        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 telecommunications
        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 receipt of a firearm by such other
person would violate subsection (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.

    "(4) In addition to the authority provided under section 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 transfer and, at the time such other person most
recently proposed the transfer, the national instant criminal
background 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 government, 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 possession 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.".

    (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, imprisoned 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 instant criminal background
check system that any licensee may contact for information on
whether receipt of a firearm by a prospective transferee thereof
would violate subsection (g) or (n) of section 922 of title 18,
United States Code, or any State or local law.

    (b) EXPEDITED ACTION BY THE ATTORNEY GENERAL.--The Attorney
General shall expedite--
        (1) the upgrading and indexing of State criminal history
    records in the Federal criminal records system maintained by the
    Federal Bureau of Investigation;
        (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 identification.

    (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 national 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 criminal records on an on line
    capacity basis to the national system;
        (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 computerized 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 timetable
    established pursuant to subsection (c),

    and, if so, shall certify that the national system is
established.

    (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 section, section
922(s) of title 18, United States Code, shall remain in effect in
such State and section 922(t) of such title shall not apply to the
State. The Attorney General shall certify if a State subject to the
provisions of section 922(s) under the preceding sentence achieves
compliance with its timetable after the date of certification in
paragraph (1) of this subsection, and section 922(t) of such title
shall apply to the State.

    (3) Six years after the date of enactment of this Act, the
Attorney General shall certify whether or not a State is in
compliance with subsection (c)(2) of this section and if the State
is not in compliance, section 922(s) of title 18, United States Code,
shall apply to the State and section 922(t) of such title shall not
apply to the State. The Attorney General shall certify if a State
subject to the provisions of section 922(s) under the preceding
sentence achieves compliance with the standards in subsection (c)(2)
of this section, and section 922(s) of title 18, United States Code,
shall not apply to the State and section 922(t) of such title shall
apply to the State.

    (e) NOTIFICATION OF LICENSEES.--On establishment of the system
under this section, the Attorney General shall notify each licensee
and the chief law enforcement officer of each State of the existence
and purpose of the system and the means to be used to contact the
system.

    (f) ADMINISTRATIVE PROVISIONS.--
        (1) AUTHORITY TO OBTAIN OFFICIAL INFORMATION.--
    Notwithstanding any other law, the Attorney General may secure
    directly from any department or agency of the United States such
    information on persons for whom receipt of a firearm would
    violate subsection (g) or (n) of section 922 of title 18, United
    States Code, or any State or local law, as is necessary to
    enable the system to operate in accordance with this section. On
    request of the Attorney General, the head of such department or
    agency shall furnish such information to the system.
        (2) OTHER AUTHORITY.--The Attorney General shall develop
    such computer software, design and obtain such
    telecommunications and computer hardware, and employ such
    personnel, as are necessary to establish and operate the system
    in accordance with this section.

    (g) CORRECTION OF ERRONEOUS SYSTEM INFORMATION.--If the system
established under this section informs an individual contacting the
system that receipt of a firearm by a prospective transferee would
violate subsection (g) or (n) of section 922 of title 18, United
States Code, or any State or local law, the prospective transferee
may request the Attorney General to provide the prospective
transferee with the reasons therefore. Upon receipt of such a
request, the Attorney General shall immediately comply with the
request. The prospective transferee may submit to the Attorney
General information that to correct, clarify, or supplement records
of the system with respect to the prospective transferee. After
receipt of such information, the Attorney General shall immediately
consider the information, investigate the matter further, and
correct all erroneous Federal records relating to the prospective
transferee and give notice of the error to any Federal department or
agency or any State that was the source of such erroneous records.

    (h) REGULATIONS.--After 90 days notice to the public and an
opportunity for hearing by interested parties, the Attorney General
shall prescribe regulations to ensure the privacy and security of
the information of the system established under this section.

    (i) PROHIBITIONS RELATING TO ESTABLISHMENT OF REGISTRATION
SYSTEMS WITH RESPECT TO FIREARMS.--No department, agency, officer,
or employee of the United States may--
        (1) require that any record or portion thereof maintained
    by the system established under this section be recorded at or
    transferred to a facility owned, managed, or controlled by the
    United States or any State or political subdivision thereof; or
        (2) use the system established under this section to
    establish any system for the registration of firearms, firearm
    owners, or firearm transactions or dispositions, except with
    respect to persons prohibited by section 922(g) or (n) of title
    18, United States Code, from receiving a firearm.

    (j) DEFINITIONS.--As used in this section:
        (1) LICENSEE.--The term "licensee" means a licensed
    importer, licensed manufacturer, or licensed dealer under
    section 923 of title 18, United States Code.
        (2) OTHER TERMS.--The terms "firearm", "licensed importer",
    "licensed manufacturer", and "licensed dealer" have the meanings
    stated in section 921(a) (3), (9), (10), and (11), respectively,
    of title 18, United States Code.

!!SEC. 903. FUNDING FOR IMPROVEMENT OF CRIMINAL RECORDS.!!

    (a) IMPROVEMENTS IN STATE RECORDS.--
        (1) USE OF FORMULA GRANTS.--Section 509(b) of title I of
    the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
    3759(b)) is amended--
            (A) in paragraph (2) by striking "and" after the
        semicolon;
            (B) in paragraph (3) by striking the period and
        inserting "; and"; and
            (C) by adding at the end the following new paragraph:
        "(4) the improvement of State record systems and the
    sharing with the Attorney General of all of the records
    described in paragraphs (1), (2), and (3) of this subsection and
    the records required by the Attorney General under section 902
    of the Crime Prevention and Criminal Justice Reform Act, for the
    purpose of implementing such Act.".
        (2) ADDITIONAL FUNDING.--
            (A) GRANTS FOR THE IMPROVEMENT OF CRIMINAL RECORDS.--
        The Attorney General, through the Bureau of Justice
        Statistics, shall, subject to appropriations and with
        preference to States that as of the date of enactment of
        this Act have the lowest percent currency of case
        dispositions in computerized criminal history files, make a
        grant to each State to be used--
                (i) for the creation of a computerized criminal
            history record system or improvement of an existing
            system;
                (ii) to improve accessibility to the national
            instant criminal background system; and
                (iii) upon establishment of the national system, to
            assist the State in the transmittal of criminal records
            to the national system.
            (B) AUTHORIZATION OF APPROPRIATIONS.--There are
        authorized to be appropriated for grants under subparagraph
        (A) a total of $100,000,000 for fiscal year 1995 and all
        fiscal years thereafter.

    (b) WITHHOLDING STATE FUNDS.--Effective on the date of
enactment of this Act the Attorney General may reduce by up to 50
percent the allocation to a State for a fiscal year under title I of
the Omnibus Crime Control and Safe Streets Act of 1968 of a State
that is not in compliance with the timetable established for such
State under section 902(c) of this Act.

    (c) WITHHOLDING OF DEPARTMENT OF JUSTICE FUNDS.--If the
Attorney General does not certify the national instant criminal
background check system pursuant to section 902(d)(1) by--
        (1) 30 months after the date of enactment of this Act the
    general administrative funds appropriated to the Department of
    Justice for the fiscal year beginning in the calendar year in
    which the date that is 30 months after the date of enactment of
    this Act falls shall be reduced by 5 percent on a monthly basis;
    and
        (2) 42 months after the date of enactment of this Act the
    general administrative funds appropriated to the Department of
    Justice for the fiscal year beginning in the calendar year in
    which the date that is 42 months after the date of enactment of
    this Act falls shall be reduced by 10 percent on a monthly
    basis.

                !!SUBTITLE B--SEMIAUTOMATIC ASSAULT WEAPONS!!

!!SEC. 911. SHORT TITLE. !!

    This subtitle may be cited as the "Semiautomatic Assault Weapon
Violence Prevention Act of 1993".

!!SEC. 912. PROHIBITION OF SEMIAUTOMATIC ASSAULT WEAPONS.!!

    (a) DEFINITIONS.--Section 921(a) of title 18, United States
Code, is amended--
        (1) in paragraph (28) by striking " `semiautomatic rifle'
    means any repeating rifle" and inserting " `semiautomatic
    firearm' means a repeating firearm"; and
        (2) by adding at the end the following new paragraph:

    "(29) The term `semiautomatic assault weapon'--
        "(A) means--
            "(i) any of the semiautomatic firearms known as--
                "(I) A.A. Arms AP-9;
                "(II) Auto-Ordnance Thompson;
                "(III) Barrett Light-Fifty;
                "(IV) Beretta AR-70;
                "(V) Bushmaster Auto Rifle;
                "(VI) Calico M-900 and M-950;
                "(VII) Cobray, Ingram and RPB MAC-10 and MAC-11;
                "(VIII) Colt AR-15 and Sporter;
                "(IX) Encom MP-9 and MP-45;
                "(X) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
                "(XI) Feather AT-9;
                "(XII) Federal XP900 and XP450;
                "(XIII) Franchi SPAS-12;
                "(XIV) Intratec TEC-9 and TEC-22;
                "(XV) Israeli Military Industries UZI and Galil;
                "(XVI) Iver Johnson Enforcer 3000;
                "(XVII) Norinco, Mitchell and Poly Technologies
            Avtomat Kalashnikovs;
                "(XVIII) Steyr AUG; or
                "(XIX) USAS-12;
            "(ii) a revolving-cylinder shotgun such as or similar
        to the Street Sweeper or Striker 12; and
            "(iii) a semiautomatic firearm designated by the
        Secretary as a semiautomatic assault weapon under section
        931; and
        "(B) does not include (among other firearms)--
            "(i) any of the firearms known as--
                "(I) Remington Model 1100 shotgun;
                "(II) Remington Model 7400 rifle;
                "(III) Mossberg Model 5500 shotgun;
                "(IV) HK Model 300 rifle;
                "(V) Marlin Model 9 camp carbine;
                "(VI) Browning High-Power rifle; or
                "(VII) Remington Nylon 66 auto loading rifle;
            "(ii) a firearm that is a manually operated bolt action
        firearm;
            "(iii) a lever action firearm;
            "(iv) a slide action firearm; or
            "(v) a firearm that has been rendered permanently
        inoperable.".

    (b) PROHIBITION.--Section 922 of title 18, United States Code,
is amended by adding at the end the following new subsection:

    "(s)(1) Except as provided in paragraph (2), it shall be
unlawful for a person to transfer or possess a semiautomatic assault
weapon.

    "(2) This subsection does not apply with respect to--
        "(A) a transfer to or by, or possession by or under the
    authority of the United States or a department or agency of the
    United States or a State or a department, agency, or political
    subdivision of a State;
        "(B) a lawful transfer or lawful possession of a
    semiautomatic assault weapon that was lawfully possessed before
    the effective date of this subsection or, in the case of a
    semiautomatic firearm that the Secretary designates as a
    semiautomatic assault weapon pursuant to section 931, before the
    date on which the designation is made; or
        "(C) the transfer or possession of a semiautomatic assault
    weapon by a licensed manufacturer or licensed importer for the
    purposes of testing or experimentation authorized by the
    Secretary.".

    (c) DESIGNATION OF SEMIAUTOMATIC ASSAULT WEAPONS.--
        (1) IN GENERAL.--Chapter 44 of title 18, United States Code,
    is amended by adding at the end the following  new section:

!!"S 931. Designation of semiautomatic assault weapons !!

    "(a) IN GENERAL.--Not later than 180 days after the date of
enactment of this section, and annually thereafter, the Secretary,
in consultation with the Attorney General, shall determine whether
any other semiautomatic firearm (other than a firearm described in
section 921(a)(29)(B)) should be designated as a semiautomatic
assault weapon in addition to those previously designated by section
921(a)(29)(A) or by the Secretary under this section.

    "(b) CRITERIA.--(1) The Secretary shall by regulation designate
as a semiautomatic assault weapon a rifle, pistol, or shotgun that
is a semiautomatic firearm and that is described in paragraph (2),
(3), (4), or (5).

    "(2) A replica or duplicate in any caliber of a semiautomatic
firearm described in section 921(a)(29)(A)(i) is a semiautomatic
assault weapon.

    "(3) A rifle that is a semiautomatic firearm is a semiautomatic
assault weapon if it--
        "(A) is not generally recognized as being particularly
    suitable for or readily adaptable to sporting purposes;
        "(B) has an ability to accept a detachable magazine; and
        "(C) has at least 2 of the following characteristics:
            "(i) A folding or telescoping stock.
            "(ii) A pistol grip that protrudes conspicuously
        beneath the action of the weapon.
            "(iii) A bayonet mount.
            "(iv) A flash suppressor or threaded barrel designed to
        accommodate a flash suppressor.
            "(v) A grenade launcher.

    "(4) A pistol that is a semiautomatic firearm is a
semiautomatic assault weapon if it--
        "(A) is not generally recognized as being particularly
    suitable for or adaptable to sporting purposes; and
        "(B) has an ability to accept a detachable magazine; and
        "(C) has at least 2 of the following characteristics:
            "(i) An ammunition magazine that attaches to the pistol
        outside of the pistol grip.
            "(ii) A threaded barrel capable of accepting a barrel
        extender, flash suppressor, forward hand grip, or silencer.
            "(iii) A shroud that is attached to or partially or
        completely encircles the barrel and that permits the shooter
        to hold the firearm with the second hand without being
        burned.
            "(iv) A manufactured weight of 50 ounces or more when
        the pistol is unloaded.
            "(v) A semiautomatic version of an automatic firearm.

    "(5) A shotgun that is a semiautomatic firearm is a
semiautomatic assault weapon if it--
        "(A) is not generally recognized as being particularly
    suitable for or adaptable to sporting purposes; and
        "(B) has at least 2 of the following characteristics:
            "(i) A folding or telescoping stock.
            "(ii) A pistol grip that protrudes conspicuously
        beneath the action of the weapon.
            "(iii) A fixed magazine capacity in excess of 6 rounds.
            "(iv) An ability to accept a detachable magazine.".
        (2) TECHNICAL AMENDMENT.--The chapter analysis for chapter
    44 of title 18, United States Code, is amended by adding at the
    end the following new item:

"931. Designation of semiautomatic assault weapons.".

    (d) PENALTIES.--Section 924(a)(1)(B) of title 18, United States
Code, is amended by striking "or 922(q)" and inserting "922 (q), (r),
or (s)".

    (e) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS.--
Section 923(i) of title 18, United States Code, is amended by adding
at the end the following new sentence: "The serial number of a
semiautomatic assault weapon shall clearly show if the weapon was
manufactured or imported after the effective date of this
sentence.".

!!SEC. 913. PROHIBITION OF LARGE CAPACITY AMMUNITION FEEDING
            DEVICES. !!

    (a) PROHIBITION.--Section 922 of title 18, United States Code,
as amended by section 902 of this Act, is amended by adding at the
end the following new subsection:

    "(t)(1) Except as provided in paragraph (2), it shall be
unlawful for a person to transfer or possess a large capacity
ammunition feeding device.

    "(2) This subsection does not apply with respect to--
        "(A) a transfer to or by, or possession by or under the
    authority of, the United States or any department or agency of
    the United States or a State, or a department, agency, or
    political subdivision of a State;
        "(B) a lawful transfer or lawful possession of a large
    capacity ammunition feeding device that was lawfully possessed
    before the effective date of this subsection other than a
    transfer by a licensed dealer; or
        "(C) the transfer or possession of a large capacity
    ammunition feeding device by a licensed manufacturer or licensed
    importer for the purposes of testing or experimentation
    authorized by the Secretary.".

    (b) LARGE CAPACITY AMMUNITION FEEDING DEVICE DEFINED.--Section
921(a) of title 18, United States Code, as amended by section 902 of
this Act, is amended by adding at the end the following new
paragraph:

    "(30) The term `large capacity ammunition feeding device'--
        "(A) means--
            "(i) a magazine, belt, drum, feed strip, or similar
        device that has a capacity of, or that can be readily
        restored or converted to accept, more than 10 rounds of
        ammunition; and
            "(ii) any combination of parts from which a device
        described in clause (i) can be assembled, but
        "(B) does not include an attached tubular device designed
    to accept and capable of operating only with .22 caliber rimfire
    ammunition.".

    (c) LARGE CAPACITY AMMUNITION FEEDING DEVICES DEFINED AND
TREATED AS FIREARMS.--Section 921(a)(3) of title 18, United States
Code, is amended in the first sentence--
        (1) by striking "or"; and
        (2) by striking "device." and inserting ", or (E) any large
    capacity ammunition feeding device.".

    (d) PENALTY.--Section 924(a)(1)(B) of title 18, United States
Code, as amended by section 912(d) of this Act, is amended by
striking "or (s)" and inserting "(s), or (t)".

    (e) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION
FEEDING DEVICES.--Section 923(i) of title 18, United States Code, is
amended by adding at the end the following new sentence: "A large
capacity ammunition feeding device shall be identified by a serial
number that clearly shows the device was manufactured or imported
after the effective date of this subsection, and such other
identification as the Secretary may by regulations prescribe.".

                    !!SUBTITLE C--GUN VIOLENCE LIABILITY!!

!!SEC. 921. SHORT TITLE.!!

    This subtitle may be cited as the "Gun Violence Economic Equity
Act of 1993".

!!SEC. 922. CAUSE OF ACTION; FEDERAL JURISDICTION.!!

    (a) IN GENERAL.--Any person suffering bodily injury or death as
a result of the discharge of a handgun or an assault weapon may
bring an action in any United States district court against any
permissible defendant for damages and such other relief as the court
deems appropriate.

    (b) PERMISSIBLE DEFENDANTS.--The following persons are
permissible defendants in an action brought under subsection (a)
with respect to a handgun or an assault weapon:
        (1) Any manufacturer of the handgun or assault weapon.
        (2) Any importer of the handgun or assault weapon.
        (3) Any dealer who transferred the handgun or assault
    weapon.

!!SEC. 923. STRICT LIABILITY.!!

    (a) IN GENERAL.--Each defendant in an action brought under
section 922(a) shall be held strictly liable in tort, without regard
to fault or proof of defect, for all direct and consequential
damages that arise from bodily injury or death proximately resulting
from the discharge of the handgun or assault weapon with respect to
which the defendant is a permissible defendant, except as provided
in subsection (b) of this section.

    (b) DEFENSES.--
        (1) INJURY WHILE COMMITTING A FELONY.--There shall be no
    liability under subsection (a) if it is established by a
    preponderance of the evidence that the plaintiff suffered the
    injury while committing a crime punishable by imprisonment for a
    term exceeding 1 year.
        (2) SELF-INFLICTED INJURY.--There shall be no liability
    under subsection (a) if it is established by a preponderance of
    the evidence that the plaintiff's injury was self-inflicted.
        (3) INJURY BY LAW ENFORCEMENT OFFICER.--There shall be no
    liability under subsection (a) if it is established by a
    preponderance of the evidence that the injury was suffered as a
    result of the discharge, by a law enforcement officer in the
    performance of official duties, of a handgun or assault weapon
    issued by the United States or any department or agency thereof,
    or any State or any department, agency, or political subdivision
    thereof.
        (4) INJURY BY MEMBER OF THE UNITED STATES ARMED FORCES.--
    There shall be no liability under subsection (a) if it is
    established by a preponderance of the evidence that the injury
    was suffered as a result of the discharge, by a member of the
    Armed Forces of the United States in the performance of military
    duties, of a handgun or assault weapon issued by the United
    States or any department or agency thereof.

    (c) AUTHORITY TO AWARD A REASONABLE ATTORNEY'S FEE.--In an
action brought under section 2(a), the court may, in its discretion,
allow the prevailing party a reasonable attorney's fee as part of
the costs.

!!SEC. 924. STATUTE OF LIMITATIONS.!!

    An action may not be brought under section 922(a) after the 2-
year period that begins with the date the injury described therein
is discovered.

!!SEC. 925. APPLICABILITY.!!

    This Act shall apply only to handguns and assault weapons
manufactured in, imported into, or transferred in the United States,
after the effective date of this Act.

!!SEC. 926. NO EFFECT ON OTHER CAUSES OF ACTION.!!

    This Act shall not be construed to limit the scope of any other
cause of action available to a person injured as a result of the
discharge of a handgun or an assault weapon.

!!SEC. 927. DEFINITIONS.!!

    As used in this subtitle:
        (1) HANDGUN.--The term "handgun" means a firearm which, at
    the time of manufacture, had a barrel of less than 12 inches in
    length.
        (2) ASSAULT WEAPON.--The term "assault weapon" means--
            (A) a firearm--
                (i) which--
                    (I) has a barrel of 12 or more inches in length;
                and
                    (II) is capable of receiving ammunition
                directly from a large capacity ammunition magazine;
                or
                (ii) which is--
                    (I) a semiautomatic firearm; and
                    (II) not generally recognized as particularly
                suitable for, or readily adaptable to, sporting
                purposes; or
            (B) a firearm which is substantially functionally
        equivalent to a firearm described by clause (i) or (ii) of
        subparagraph (A).
        (3) LARGE CAPACITY AMMUNITION MAGAZINE.--The term "large
    capacity ammunition magazine" means a detachable magazine, belt,
    drum, feed strip, or similar device which has, or which can be
    readily restored or converted to have, a capacity of 15 or more
    rounds of ammunition.
        (4) SEMIAUTOMATIC FIREARM.--The term "semiautomatic
    firearm" means any repeating firearm which utilizes a portion of
    the energy of a firing cartridge to extract the fired cartridge
    case and chamber the next round, and which requires a separate
    pull of the trigger to fire each cartridge.
        (5) LAW ENFORCEMENT OFFICER.--The term "law enforcement
    officer" means any officer, agent, or employee of the United
    States, or of a State or political subdivision thereof, who is
    authorized by law to engage in or supervise the prevention,
    detection, investigation, or prosecution of any violation of
    law.
        (6) OTHER TERMS.--The terms "firearm", "importer",
    "manufacturer", and "dealer" shall have the meanings given such
    terms, respectively, in paragraphs (3), (9), (10), and (11) of
    section 921(a) of title 18, United States Code.

!!SEC. 928. EFFECTIVE DATE.!!

    This subtitle shall apply to conduct occurring after the end of
the 20-day period that begins with the date of the enactment of this
Act.

                          !!SUBTITLE D--AMMUNITION!!

!!SEC. 931. RECORDS OF DISPOSITION OF AMMUNITION.!!

    (a) AMENDMENT OF TITLE 18, UNITED STATES CODE.--Section 923(g)
of title 18, United States Code, is amended--
        (1) in paragraph (1)(A) by inserting after the second
    sentence "Each licensed importer and manufacturer of ammunition
    shall maintain such records of importation, production, shipment,
    sale, or other disposition of ammunition at his place of
    business for such period and in such form as the Secretary may
    by regulations prescribe. Such records shall include the amount,
    caliber, and type of ammunition."; and
        (2) by adding at the end thereof the following new
    paragraph:

    "(6) Each licensed importer or manufacturer of ammunition shall
annually prepare a summary report of imports, production, shipments,
sales, and other dispositions during the preceding year. The report
shall be prepared on a form specified by the Secretary, shall
include the amounts, calibers, and types of ammunition that were
disposed of, and  shall be forwarded to the office specified thereon
not later than the close of business on the date specified by the
Secretary.".

    (b) STUDY OF CRIMINAL USE AND REGULATION OF AMMUNITION.--The
Secretary of the Treasury shall request the National Academy of
Sciences to--
        (1) prepare, in consultation with the Secretary, a study of
    the criminal use and regulation of ammunition; and
        (2) to submit to Congress, not later than July 31, 1996, a
    report with recommendations on the potential for preventing
    crime by regulating or restricting the availability of
    ammunition.

!!SEC. 932. INCREASE IN TAX ON CERTAIN BULLETS.!!

    (a) IN GENERAL.--Section 4181 of the Internal Revenue Code of
1986 (relating to the imposition of tax on firearms, etc.) is
amended by adding at the end the following new flush sentence:

    "In the case of 9 millimeter, .25 caliber, or .32 caliber
ammunition, the rate of tax under this section shall be 89
percent.".

    (b) EXEMPTION FOR LAW ENFORCEMENT PURPOSES.--Section 4182 of
the Internal Revenue Code of 1986 (relating to exemptions) is
amended by adding at the end the following new subsection:

    "(d) LAW ENFORCEMENT.--The last sentence of section 4181 shall
not apply to any sale (not otherwise exempted) to, or for the use of,
the United States (or any department, agency, or instrumentality
thereof) or a State or political subdivision thereof (or any
department, agency, or instrumentality thereof).".

    (c) EFFECTIVE DATE.--The amendments made by this section shall
apply to sales after October 1, 1994.

!!SEC. 933. TRANSFER OF ADDITIONAL REVENUES TO TRAUMA CENTER TRUST
            FUND.!!

    (a) IN GENERAL.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to Trust Fund Code) is amended by
adding at the end thereof the following new section:

!!"SEC. 9512. TRAUMA CENTER TRUST FUND.!!

    "(a) CREATION OF TRUST FUND.--There is established in the
Treasury of the United States a trust fund to be known as the
`Trauma Center Trust Fund' (hereinafter in this section referred to
as the `Trust Fund'), consisting of such amounts as may be
appropriated or credited to the Trust Fund as provided in this
section or section 9602(b).

    "(b) TRANSFERS TO TRUST FUND.--
        "(1) IN GENERAL.--There are hereby appropriated to the
    Trust Fund amounts equivalent to the amounts received in the
    Treasury from the taxes imposed by section 4181 on bullets
    referred to in the last sentence thereof.
        "(2) COORDINATION WITH WILDLIFE RESTORATION FUND.--The
    taxes referred to in paragraph (1) shall not be covered into the
    Federal aid to wildlife restoration fund in the Treasury.

    "(c) EXPENDITURES FROM TRUST FUND.--Amounts in the Trust Fund
shall be available, as provided in appropriation Acts, for purposes
of making grants for the operating expenses of trauma centers that
have incurred substantial uncompensated costs in providing trauma
care in geographic areas with significant incidence of violence due
to crime."

    (b) CLERICAL AMENDMENT.--The table of sections for such
subchapter A is amended by adding at the end thereof the following
new item:

    "Sec. 9512. Trauma Center Trust Fund."

                  !!SUBTITLE E--MULTIPLE HANDGUN TRANSFERS!!

!!SEC. 941. SHORT TITLE.!!

    This subtitle may be cited as the "Multiple Handgun Transfer
Prohibition Act of 1993".

!!SEC. 942. MULTIPLE HANDGUN TRANSFER PROHIBITION.!!

    (a) IN GENERAL.--Section 922 of title 18, United States Code,
is amended by adding at the end the following:

    "(s)(1)(A)(i) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer--
        "(I) during any 30-day period, to transfer 2 or more
    handguns to an individual who is not licensed under section 923;
    or
        "(II) to transfer a handgun to an individual who is not
    licensed under section 923 and who received a handgun during the
    30-day period ending on the date of the transfer.

    "(ii) It shall be unlawful for any individual who is not
licensed under section 923 to receive 2 or more handguns during any
30-day period.

    "(iii) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to transfer a handgun to an
individual who is not licensed under section 923, unless, after the
most recent proposal of the transfer by the individual, the
transferor has--
        "(I) received from the individual a statement of the
    individual containing the information described in paragraph
    (3);
        "(II) verified the identification of the individual by
    examining the identification document presented; and
        "(III) within 1 day after the individual furnishes the
    statement, provided a copy of the statement to the chief law
    enforcement officer of the place of residence of the individual.

    "(B) Subparagraph (A) shall not apply to the transfer of a
handgun to, or the receipt of a handgun by, an individual who has
presented to the transferor a written statement, issued by the chief
law enforcement officer of the place of residence of the individual
during the 10-day period ending on the date of the transfer or
receipt, which states that the individual requires access to a
handgun because of a threat to the life of the individual or of any
member of the household of the individual.

    "(2) Paragraph (1) shall not be interpreted to require any
action by a chief law enforcement officer which is not otherwise
required.

    "(3) The statement referred to in paragraph (1)(A)(iii)(I)
shall contain only--
        "(A) the name, address, and date of birth appearing on a
    valid identification document (as defined in section 1028(d)(1))
    of the individual containing a photograph of the individual and
    a description of the identification used;
        "(B) a statement that the individual--
            "(i) is not under indictment for, and has not been
        convicted in any court of, a crime punishable by
        imprisonment for a term exceeding one year;
            "(ii) is not a fugitive from justice;
            "(iii) is not an unlawful user of or addicted to any
        controlled substance (as defined in section 102 of the
        Controlled Substances Act);
            "(iv) has not been adjudicated as a mental defective or
        been committed to a mental institution;
            "(v) is not an alien who is illegally or unlawfully in
        the United States;
            "(vi) has not been discharged from the Armed Forces
        under dishonorable conditions;
            "(vii) is not a person who, having been a citizen of
        the United States, has renounced such citizenship; and
            "(viii) has not received a handgun during the 30-day
        period ending on the date of the statement;
        "(C) the date the statement is made; and
        "(D) notice that the individual intends to obtain a handgun
    from the transferor.

    "(4) Any transferor of a handgun who, after the 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.

    "(5) Any transferor who receives information, not otherwise
available to the public, with respect to an individual in a report
under this subsection shall not disclose such information except to
the individual, to law enforcement authorities, or pursuant to the
direction of a court of law.

    "(6) In the case of a handgun transfer to which paragraph
(1)(A) applies--
        "(A) the transferor shall retain--
            "(i) the copy of the statement of the transferee with
        respect to the transfer; and
            "(ii) evidence that the transferor has complied with
        paragraph (1)(A)(iii)(III) with respect to the statement;
        and
        "(B) the chief law enforcement officer to whom a copy of a
    statement is sent pursuant to paragraph (1)(A)(iii)(III) shall
    retain the copy for at least 30 calendar days after the date the
    statement was made.

    "(7) 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.

    "(8) This subsection shall not apply to the sale of a firearm
in the circumstances described in subsection (c).

    "(9) The Secretary shall take necessary actions to assure that
the provisions of this subsection are published and disseminated to
dealers and to the public.".

    (b) HANDGUN DEFINED.--Section 921(a) of such title is amended
by adding at the end the following:

    "(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 assembled.".

    (c) PENALTY.--Section 924(a) of such title 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 section 922(s) shall be fined
not more than $1,000, imprisoned for not more than one year, or
both.".

    (d) EFFECTIVE DATE.--The amendments made by this subtitle shall
apply to conduct engaged in 90 or more days after the date of the
enactment of this Act.

                          !!SUBTITLE F--LICENSING!!

!!SEC. 951. IDENTIFICATION OF RECIPIENT OF FIREARM.!!

    Section 922(e) of title 18, United States Code, is amended--
        (1) by inserting "(1)" after "(e)"; and
        (2) in paragraph (1), as designated by paragraph (1), by
    striking ", to persons other than licensed importers, licensed
    manufacturers, licensed dealers, or licensed collectors,"; and
        (3) by adding at the end the following new paragraph:

    "(2) It shall be unlawful for a common or contract carrier
knowingly to deliver in interstate or foreign commerce a firearm to
a licensed importer, licensed manufacturer, licensed dealer, or
licensed collector unless the carrier or other person identifies the
person to whom the firearm is delivered and makes and maintains a
record of the identity of the person in such a manner as the
Secretary may prescribe by regulation.".

!!SEC. 952. SALE OF FIRARMS OR AMMUNITION HAVING REASONABLE CAUSE
            TO BELIEVE THAT IT WILL BE USED TO KILL A PERSON.!!

    Section 922 of title 18, United States Code, is amended by
adding at the end the following new subsection:

    "(s) It shall be unlawful for a person to sell or otherwise
dispose of a firearm or ammunition to another person if the person
who sells or otherwise disposes of it has reasonable cause to
believe that the person is acquiring the firearm or ammunition with
the intent that it will be used by that person  or any other person
to commit a crime of violence (as defined in section 924(c)(3).".

!!SEC. 953. LICENSE APPLICATION FEES FOR DEALERS IN FIREARMS.!!

    Section 923(a)(3) of title 18, United States Code, is amended--
        (1) in subparagraph (B) by striking "$25" and inserting
    "$750"; and
        (2) in subparagraph (C) by striking "$10" and inserting
    "$750".

!!SEC. 954. ACTION ON APPLICATION FOR LICENSE.!!

    Section 923(d) of title 18, United States Code, is amended--
        (1) by striking "(1)" after "(d)";
        (2) by redesignating subparagraphs (A), (B), (C), (D), and
    (E) as paragraphs (1), (2), (3), (4), and (5), respectively; and
        (3) by striking paragraph (2).

!!SEC. 955. COMPLIANCE WITH STATE AND LOCAL LAW AS CONDITION TO
            LICENSE.!!

    Section 923(d) of title 18, United States Code, as amended by
section 4, is amended--
        (1) by striking "and" at the end of paragraph (4);
        (2) by striking the period at the end of paragraph (5) and
    inserting "; and"; and
        (3) by adding at the end the following new paragraph:

    "(6)(A) the business to be conducted under the license is not
prohibited by State or local law in the place where the licensed
premises is located; and

    "(B) the applicant has complied with all requirements of State
and local law applicable to the conduct of such a business.".

!!SEC. 956. INSPECTIONS OF FIREARMS LICENSEES.!!

    Section 923(g)(1) of title 18, United States Code, is amended--
        (1) in subparagraph (B)(ii) by striking "not more than once
    during any twelve-month period";
        (2) in subparagraph (C)(i) by striking "not more than once
    during any twelve-month period"; and
        (3) in subparagraph (D) by striking "the annual inspection
    of records and inventory permitted under this paragraph" and
    inserting "an inspection under subparagraph (C)(i)".

!!SEC. 957. REPORTS OF THEFT OR LOSS OF FIREARMS.!!

    Section 923(g) of title 18, United States Code, is amended by
adding at the end the following new paragraph:

    "(6) Each licensee shall report the theft or loss of a firearm
from the licensee's inventory or collection, within 24 hours after
the theft or loss is discovered, to the Secretary and to appropriate
local authorities.".

!!SEC. 958. RESPONSES TO REQUESTS FOR INFORMATION.!!

    Section 923(g) of title 18, United States Code, as amended by
section 7, is amended by adding at the end the following new
paragraph:

    "(7) Each licensee shall respond immediately to, and in no
event later than 24 hours after receipt of, a request by the
Secretary for information contained in the records required to be
kept by this chapter as may be required for determining the
disposition of one or more firearms. The requested information shall
be provided orally or in writing, as the Secretary may require.".

!!SEC. 959. REGISTRATION TO REQUIRE A PHOTOGRAPH AND
            FINGERPRINTS.!!

    Section 5802 of the Internal Revenue Code of 1986 is amended by
inserting after the first sentence the following: "An individual
required to register under this section shall include a photograph
and fingerprints of the individual with the initial application.".

                   !!SUBTITLE G--SATURDAY NIGHT SPECIALS!!

!!SEC. 961. PROHIBITION AGAINST POSSESSION OR TRANSFER OF NON-
            SPORTING HANDGUNS.!!

    (a) IN GENERAL.--Section 922 of title 18, United States Code,
is amended by adding at the end the following:

    "(s)(1) It shall be unlawful for any person to possess or
transfer a non-sporting handgun.

    "(2) Paragraph (1) shall not apply to the continuous and
otherwise lawful possession of a non-sporting handgun by a person
during any period that began before the effective date of this
subsection.".

    (b) NON-SPORTING HANDGUN DEFINED.--Section 921(a) of such title
is amended by adding at the end the following:

    "(29)(A) The term `non-sporting handgun' means a firearm which--

        "(i)(I) is designed to be fired by the use of a single hand;
    and
        "(II) is not a sporting handgun; and
        "(ii) any combination of parts from which a firearm
    described in clause (i) can be assembled.

    "(B) The term `sporting handgun' means a firearm which--
        "(i) is designed to be fired by the use of a single hand;
    and
        "(ii) the Secretary has determined, using the criteria
    applied in making determinations under section 925(d)(3), to be
    of a type generally recognized as particularly suitable for or
    readily adaptable to sporting purposes.".

    (c) PENALTY.--Section 924(a)(1)(B) of such title is amended by
striking "or (q)" and inserting "(r), or (s)".

                        !!TITLE X--ASSET FORFEITURE!!

!!SEC. 1001. SHORT TITLE.!!

    This subtitle may be cited as the "Asset Forfeiture Reform Act
of 1993".

!!SEC. 1002. REQUIRE CONVICTION FIRST.!!

    (a) TARIFF ACT OF 1930.--Section 604 of the Tariff Act of 1930
(19 U.S.C. 1604) is amended by adding at the end the following new
sentence: "Proceedings for the forfeiture of property, other than of
merchandise upon which the duties have not been paid or which has
been otherwise brought into the United States unlawfully, shall be
conducted only upon conviction of the owner of such property for the
crime upon which the forfeiture is based.".

    (b) TITLE 18, UNITED STATES CODE.--Subsection (c) of section
1082 of title 18, United States Code, is amended to read as follows:

    "(c) Whoever, being (1) the owner of an American vessel, or (2)
the owner of any vessel under or within the jurisdiction of the
United States, or (3) the owner of any vessel and being an American
citizen, uses, or knowingly permits the use of, such vessel in
violation of this section shall upon conviction, in addition to any
other penalties provided by this chapter, forfeit such vessel,
together with her tackle, apparel, and furniture, to the United
States.".

!!SEC. 1003. NOTICE REQUIREMENT.!!

    Section 607(a) of the Tariff Act of 1930 (19 U.S.C. 1607(a)) is
amended by adding at the end the following new sentence: "Such
notice shall be sent not later than 60 days after the seizure to any
possessor, owner, or other interested party (including any
lienholder).".

!!SEC. 1004. RAISE STANDARD OF PROOF.!!

    Section 615 of the Tariff Act of 1930 (19 U.S.C. 1615) is
amended to read as follows:

!!"SEC. 615. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.!!

    "In--
        "(1) all suits or actions (other than those arising under
    section 592) brought for forfeiture of any vessel, vehicle,
    aircraft, merchandise, or baggage seized under the provisions of
    any law relating to the collection of duties on imports or
    tonnage; and
        "(2) in all suits or actions brought for the recovery of
    the value of any vessel, vehicle, aircraft, merchandise, or
    baggage, because of violation of any such law;

    the burden of proof is on the United States Government to
establish, by clear and convincing evidence, that the property was
subject to forfeiture.".

!!SEC. 1005. REQUIRE A PRELIMINARY HEARING PRIOR TO SEIZURE.!!

    (a) CONTROLLED SUBSTANCES ACT.--Section 511(b) of the
Controlled Substances Act (21 U.S.C. 881(b)) is amended to read as
follows:

    "(b)(1) Any property subject to civil forfeiture to the United
States under this section may be seized by the Attorney General upon
order of the District Court of the United States in which the
property is located or the owner of such property is found.

    "(2) The court may issue an order under subsection (a)(1) if it
determines, after notice to persons appearing to have an interest in
the property and opportunity for hearing, that--
        "(A) there is a substantial probability that the United
    States will prevail on the issue of forfeiture and that failure
    to enter the order will result in the property being destroyed,
    removed from the jurisdiction of the court, or otherwise made
    unavailable for forfeiture; and
        "(B) the need to preserve the availability of the property
    through the entry of the requested order outweighs the hardship
    to any party of interest.

    "(3) A seizure without such order may be made when--
        "(A) the seizure is incident to an arrest or a search under
    a search warrant or an inspection under an administrative
    inspection warrant;
        "(B) the property subject to seizure has been the subject
    of a prior judgment in favor of the United States in a criminal
    injunction or forfeiture proceeding under this subchapter;
        "(C) there is probable cause to believe that the property
    is directly or indirectly dangerous to health or safety; or
        "(D) there is probable cause to believe that the delay
    occasioned by the need to secure an order will frustrate the
    seizure. Any officer having made a seizure under the authority
    of this subparagraph shall, as practicable thereafter, apply for
    an order under subsection (b)(1); the property must be released
    to the owner of such property immediately if the order is
    denied.".

    (b) TITLE 18, UNITED STATES CODE.--Section 981 of title 18,
United States Code, is amended to read as follows:

    "(b)(1) Any property subject to civil forfeiture to the United
States under subsection (a)(2) may be seized by the Attorney General
upon order of the District Court of the United States in which the
property is located or the owner of such property is found.

    "(2) The court may issue an order under subsection (b)(1) if it
determines, after notice to persons appearing to have an interest in
the property and opportunity for hearing, that--
        "(A) there is a substantial probability that the United
    States will prevail on the issue of forfeiture and that failure
    to enter the order will result in the property being destroyed,
    removed from the jurisdiction of the court, or otherwise made
    unavailable for forfeiture; and
        "(B) the need to preserve the availability of the property
    through the entry of the requested order outweighs the hardship
    to any party of interest.

    "(3) A seizure without such order may be made when--
        "(A) the seizure is incident to an arrest or a search under
    a search warrant or an inspection under an administrative
    inspection warrant;
        "(B) the property subject to seizure has been the subject
    of a prior judgment in favor of the United States in a criminal
    injunction or forfeiture proceeding under this subchapter;
        "(C) there is probable cause to believe that the property
    is directly or indirectly dangerous to health or safety; or
        "(D) there is probable cause to believe that the delay
    occasioned by the need to secure an order will frustrate the
    seizure. Any officer having made a seizure under the authority
    of this subparagraph shall, as practicable thereafter, apply for
    an order under subsection (b)(1); the property must be released
    to the owner of such property immediately if the order is
    denied.".

    (c) TARIFF ACT OF 1930.--(1) Section 603(a) of the Tariff Act
of 1930 (19 U.S.C. 1603(a)) is amended to read as follows:

    "(a) PROCESS FOR SEIZURE.--
        "(1) IN GENERAL.--Any property which is subject to
    forfeiture to the United States for violations of the customs
    law and which is not subject to search and seizure in accordance
    with provisions of section 595, may be seized by the appropriate
    officer or person upon process issued under paragraph (2).
        "(2) PROCEDURES.--
            "(A) SEIZURE UNDER ORDER.--Any property subject to
        forfeiture under the customs laws of the United States may
        be seized by the Attorney General upon order of the District
        Court of the United States in which the property is located
        or the owner of such property is found.
            "(B) DETERMINATIONS.--The court may issue an order
        under paragraph (1) if it determines, after notice to
        persons appearing to have an interest in the property and
        opportunity for hearing, that--
                "(i) there is a substantial probability that the
            United States will prevail on the issue of forfeiture
            and that failure to enter the order will result in the
            property being destroyed, removed from the jurisdiction
            of the court, or otherwise made unavailable for
            forfeiture; and
                "(ii) the need to preserve the availability of the
            property through the entry of the requested order
            outweighs the hardship to any party of interest.
            "(C) SEIZURE WITHOUT ORDER.--A seizure without such
        order may be made when--
                "(i) the seizure is incident to an arrest or a
            search under a search warrant or an inspection under an
            administrative inspection warrant;
                "(ii) the property subject to seizure has been the
            subject of a prior judgment in favor of the United
            States in a criminal injunction or forfeiture proceeding
            under this subchapter;
                "(iii) there is probable cause to believe that the
            property is directly or indirectly dangerous to health
            or safety; or
                "(iv) there is probable cause to believe that the
            delay occasioned by the need to secure an order will
            frustrate the seizure.
            Any officer having made a seizure under the authority
        of this subparagraph shall, as practicable thereafter, apply
        for an order under paragraph (1). Any property so seized
        must be released to the owner of such property immediately
        if the order is denied.".

    (2) Section 595(a)(1) of the Tariff Act of 1930 (19 U.S.C.
1595(a)(1)) is amended by adding at the end the following: "Any
seizure of property described in paragraph (1)(B) of this section
must be authorized under section 603(a).

!!SEC. 1006. ELIMINATE THE BOND REQUIREMENT.!!

    Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is
amended to read as follows:

!!"SEC. 608. SEIZURE; CLAIMS.!!

    "(a) Any person claiming such vessel, vehicle, aircraft,
merchandise, or baggage may at any time within 60 days from the date
of the first publication of the notice of seizure, file with the
appropriate customs officer a claim stating his interest therein.
Upon the filing of such claim, the customs officer shall transmit
such claim, with a duplicate list and description of the articles
seized, to the United States attorney for the district in which
seizure was made, who shall proceed to a condemnation of the
merchandise or other property in the manner prescribed by law.

    "(b) If the person filing a claim under subsection (a), or a
claim regarding seized property under any other provision of law
that incorporates by reference the seizure, forfeiture, and
condemnation procedures of the customs laws, is financially unable
to obtain representation of counsel, the court may appoint
appropriate counsel to represent that person with respect to the
claim. The court shall set the compensation for that representation,
which shall--
        "(1) be equivalent to that provided for court-appointed
    representation under section 3006A of title 18, United State
    Code, and
        "(2) be paid from the Justice Assets Forfeiture Fund
    established under section 524 of title 28, United States Code.".

!!SEC. 1007. ALLOW ADMINISTRATIVE SEIZURES ONLY IN UNCONTESTED
            CASES.!!

    Section 610 of the Tariff Act of 1930 (19 U.S.C. 1610(a)) is
amended to read as follows:

!!"SEC. 610. SEIZURE; JUDICIAL FORFEITURE PROCEEDINGS; TIMELINESS;
            RIGHT TO JURY TRIALS.!!

    "(a) If any vessel, vehicle, aircraft, merchandise, or baggage
is not subject to section 607, or in any case upon the filing of a
claim pursuant to section 608 of this Act, the appropriate customs
officer shall transmit a report of the case, with the names of
available witnesses, to the United States Attorney for the district
in which the seizure was made, or in which the property is located
or the owner of such property is found, for the institution of the
proper proceedings for the condemnation of such property.

    "(b) No action to forfeit property shall be brought more than 1
year from the date of the offense that is the basis for the
forfeiture, or when a stay has been granted during the pendency of
criminal proceedings, from the date of the completion of such
proceedings.

    "(c) In the proceedings in such cases, either party may demand
trial by jury of any issue of fact joined in the case.".

!!SEC. 1008. ALLOW FOR ADEQUATE REPRESENTATION.!!

    (a) TITLE 18, UNITED STATES CODE.--(1) Section 981(a)(2) of
title 18, United States Code, is amended to read as follows:

    "(2) No property shall be forfeited under this section to the
extent of the interest of an owner or lienholder by reason of any
act or omission established by that owner or lienholder to have been
committed without the knowledge of that owner or lienholder; nor
shall any property which has been paid or pledged as bona fide
attorneys' fees be forfeited under this section.".

    (2) Section 1963(c) of title 18, United States Code, is amended
by--
        (A) striking the period at the end and inserting a comma;
    and
        (B) add at the end the following: "or that he received or
    has been pledged the property as bona fide attorneys' fees."

    Section 1963(l)(6)(B) of title 18, United States Code, is
amended by adding at the end the following: "or the petitioner
received or has been pledged the property as bona fide attorneys'
fees;".

    (b) CONTROLLED SUBSTANCES ACT.--
        (1) Section 413(c) of the Controlled Substances Act (21
    U.S.C. 853(c)) is amended by--
            (A) striking the period at the end and inserting a
        comma; and
            (B) adding at the end the following: "or that he
        received or has been pledged the property as bona fide
        attorneys' fees."
        (2) Section 413(n)(6)(B) of the Controlled Substances Act
    (21 U.S.C. 853(n)(6)(B)) is amended by adding at the end the
    following: "or the petitioner received or has been pledged the
    property as bona fide attorneys' fees;".
        (3) Section 511(a) of the Controlled Substances Act (21
    U.S.C. 881(a)) is amended by adding at the end the following:
    "No property received or pledged as bona fide attorneys' fees
    shall be forfeited under this section.".

!!SEC. 1009. MAKE CIVIL FORFEITURE PROCEEDINGS IN PERSONAM.!!

    Section 1082(c) of title 18, United States Code, is amended to
read as follows:

    "(c) Whoever, being (1) the owner of an American vessel, or (2)
the owner of any vessel under or within the jurisdiction of the
United States, or (3) the owner of any vessel and being an American
citizen, shall use, or knowingly permit the use of, such vessel in
violation of any provision of this section shall upon conviction, in
addition to any other penalties provided by this chapter, forfeit
such vessel, together with her tackle, apparel, and furniture, to
the United States. The Attorney General may institute proceedings
against the owner to recover such vessel and her tackle, apparel,
and furniture in the United States District Court for the district
in which the owner is or in which the vessel is located.".

!!SEC. 1010. LENGTHEN THE FILING DEADLINES FOR CLAIMANTS.!!

    Paragraph (6) of Rule C of the Supplemental Rules for Certain
Admiralty and Maritime Claims to the Federal Rules of Civil
Procedures (28 U.S.C. Appendix) is amended by striking out "10 days"
and inserting "60 days".

!!SEC. 1011. MAKE FORFEITURES PROPORTIONAL.!!

    (a) CIVIL FORFEITURES UNDER THE CONTROLLED SUBSTANCES ACT.--
Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a))
is amended by striking "The" and inserting: "Except that the value
of the property forfeited under this section may not exceed the
pecuniary gain derived from the offense or the pecuniary loss caused
by the offense, the".

    (b) CRIMINAL FORFEITURES UNDER THE CONTROLLED SUBSTANCES ACT.--
Section 413(a) of the Controlled Substance Act (21 U.S.C. 853(a)) is
amended by striking the last sentence and inserting the following:
"The value of the property forfeited under this section may not
exceed the pecuniary gain derived from the offense or the pecuniary
loss caused by the offense."

!!SEC. 1012. ELIMINATE THE RELATION-BACK DOCTRINE OR CREATE A
            STRICTER DEFINITION.!!

    (a) GENERAL TITLE 18, CIVIL FORFEITURE.--Section 981(f) of
title 18, United States Code, is amended to read as follows:

    "(f) All right, title, and interest in property described in
subsection (a) of this section shall vest in the United States upon
administrative or judicial declaration of forfeiture."

    (b) RICO FORFEITURES.--Section 1963(c) of title 18, United
States Code, is amended to read as follows:

    "(c) All right, title, and interest in property described in
subsection (a) of this section shall vest in the United States upon
return of a special verdict of forfeiture.".

    (c) CONTROLLED SUBSTANCES ACT.--(1) Section 413(c) of the
Controlled Substances Act (21 U.S.C. 853(c)) is amended to read as
follows:

    "(c) VESTING OF TITLE IN THE UNITED STATES.--All right, title,
and interest in property described in subsection (c) of this section
vests in the United States upon return of a special verdict of
forfeiture."

    (2) Section 511(h) of the Controlled Substances Act (21 U.S.C.
881(h)) is amended to read as follows:

    "(h) VESTING OF TITLE IN THE UNITED STATES.--All right, title,
and interest in property described in subsection (a) of this section
shall vest in the United States upon administrative or judicial
declaration of forfeiture.".

!!SEC. 1013. LIMIT KINDS OF PROPERTY THAT ARE SUBJECT TO
            FORFEITURE.!!

    (a) CRIMINAL FORFEITURE UNDER CONTROLLED SUBSTANCES ACT.--
Section 413(a)(2) of the Controlled Substances Act (21 U.S.C.
853(a)(2)) is amended to read as follows:
        "(2) any of the person's property primarily used to commit
    such violation;".

    (b) CIVIL FORFEITURE UNDER CONTROLLED SUBSTANCES ACT.--Section
511(a) of the Controlled Substance Act (21 U.S.C. 881(a)) is amended
to read as follows:

    "(a) PROPERTY SUBJECT.--The following shall be subject to
forfeiture to the United States upon conviction of the owner of such
property of a violation of this title and no property right shall
exist in them:
        "(1) All controlled substances which have been manufactured,
    distributed, dispensed, or acquired in violation of this title.
        "(2) All raw materials, products, and equipment of any kind
    which are used, or intended for use, in manufacturing,
    compounding, processing, delivering, importing, or exporting any
    controlled substance in violation of this title.
        "(3) All property which is used, or intended for use, as a
    container for property described in paragraph (1).
        "(4) All conveyances, including aircraft, vehicles, or
    vessels, which are used primarily to transport or concealment of
    property described in paragraph (1), except that--
            "(A) no conveyance used by any person as a common
        carrier in the transaction of business as a common carrier
        shall be forfeited under the provisions of this section
        unless it shall appear that the owner or other person in
        charge of such conveyance was a consenting party or privy to
        a violation of this title or title II.
            "(B) no conveyance shall be forfeited under the
        provisions of this section by reason of any act or omission
        established by the owner thereof to have been committed or
        omitted by any person other than such owner while such
        conveyance was unlawfully in the possession of a person
        other than the owner in violation of the criminal laws of
        the United States, or of any State; and
            "(C) no conveyance shall be forfeited under this
        paragraph to the extent of an interest of an owner, by
        reason of any act or omission established by that owner to
        have been committed or omitted without the knowledge,
        consent, or willful blindness of the owner.
        "(5) All books, records, and research, including formulas,
    microfilm, tapes, and data which are used, or intended for use,
    in violation of this title.
        "(6) All moneys, negotiable instruments, securities, or
    other things of value furnished or intended to be furnished by
    any person in exchange for a controlled substance in violation
    of this title, and all proceeds traceable to such exchange,
    except that no property shall be forfeited under this paragraph,
    to the extent of the interest of an owner, by reason of any act
    or omission established by that owner to have been committed or
    omitted without the knowledge or consent of that owner.
        "(7) All parts of real property used primarily to commit a
    violation of this title punishable by more than 1 year's
    imprisonment, except that no property shall be forfeited under
    this paragraph, to the extent of an interest of an owner, by
    reason of any act or omission established by that owner to have
    been committed or omitted without the knowledge or consent of
    that owner.
        "(8) All controlled substances which have been possessed in
    violation of this title.
        "(9) All listed chemicals, all drug manufacturing equipment,
    all tableting machines, all encapsulating machines, and all
    gelatin capsules, which have been imported, exported,
    manufactured, possessed, distributed, or intended to be
    distributed, imported, or exported, in violation of a felony
    provision of this title or title II.
        "(10) Any drug paraphernalia (as defined in section 1822 of
    the Anti-Drug Abuse Act of 1986 (21 U.S.C. 863)).
        "(11) Any firearm (as defined in section 921 of title 18)
    used or intended to be used to facilitate the transportation,
    sale, receipt, possession, or concealment of property described
    in paragraph (1) or (2) and any proceeds traceable to such
    property.".

!!SEC. 1014. FORFEITURE PROCEEDS SHOULD GO DIRECTLY TO STATE.!!

    (a) TARIFF ACT OF 1930.--Section 616a(c)(1)(B)(ii) of the
Tariff Act of 1930 (19 U.S.C. 1616a(c)(1)(B)(ii) is amended to read
as follows:
                "(ii) any State or local law enforcement agency
            that participated directly or indirectly in the seizure
            or forfeiture of the property for disposition according
            to State law.".

    (b) TITLE 18, UNITED STATES CODE.--Section 981(e)(2) of title
18, United States Code, is amended to read as follows:
        "(2) to any State or local enforcement agency, which
    participated directly in any of the acts which lead to the
    seizure or forfeiture of the property, for disposition according
    to State law.".

    (c) CONTROLLED SUBSTANCES ACT.--Section 511(e)(1)(A) of the
Controlled Substances Act (21 U.S.C. 881(e)(1)(A)) is amended to
read as follows:
            "(A) retain the property for official use or, in the
        manner provided with respect to transfers under section 616a
        of the Tariff Act of 1930 (19 U.S.C. 1616a), transfer the
        property to any Federal agency, or to any State or local law
        enforcement agency which participated directly in the
        seizure or forfeiture of the property for disposition
        according to State law.".

!!SEC. 1015. EXPAND USES OF FORFEITURE PROCEEDS.!!

    Section 524(c) of title 28, United States Code, is amended by
adding at the end the following new paragraph:
        "(12)(A) In addition to the purposes under paragraph (1),
    the fund shall be available to the Attorney General for
    community-based crime control programs (including private,
    nonprofit programs) for drug education, prevention, and
    treatment, with amounts for such programs to be distributed, in
    accordance with criteria determined by the State, with priority
    given to the communities in which the assets involved are
    seized.
        "(B) Not less than 50 percent of the total of the amounts
    disbursed for all purposes under this section in a fiscal year
    shall be for programs referred to in subparagraph (A). Not more
    than 10 percent of the total disbursed for such programs may be
    used for administrative costs.".

!!SEC. 1016. PAYMENT OF INFORMANTS.!!

    (a) TARIFF ACT OF 1930.--(1) Section 619(c) of the Tariff Act
of 1930 (19 U.S.C. 1619(c)) is amended to read as follows:

    "(c) DOLLAR LIMITATION.--No person may be awarded or paid more
than $250,000 in any year under this section.".

    (2) Section 413(i)(3) of the Tariff Act of 1930 (21 U.S.C.
853(i)(3)), is amended by adding at the end the following: " except
that, no person may be awarded or paid more than $250,000 in any
year under this section.".

    (b) TITLE 18, UNITED STATES CODE.--Section 1963(g)(3) of title
18, United States Code, is amended by inserting after "section" the
following: ", except that no person may be awarded or paid more than
$250,000 in any year under this section, or any other law of the
United States providing for moieties or awards of compensation to
informers in cases involving forfeiture.".

    (c) TITLE 28, UNITED STATES CODE.--Section 524(c)(2) of title
28, United States Code, is amended to read as follows: "Any award
paid from the Fund for information, as provided in paragraph (1)(B)
or (C), shall be paid at the discretion of the Attorney General or
his delegate, under existing departmental delegation policies for
the payment of awards, except that no person may be awarded or paid
more than $250,000 in any year under this section. The Attorney
General shall publish data annually regarding amounts of awards paid
by the United States.".

    (d) TITLE 31, UNITED STATES CODE.--Section 9703(b) of title 31,
United States Code, is amended by adding following new subsection:
        "(6) No person may be awarded or paid more than $250,000 in
    any year under subsection (a)(1)(C) or (a)(2)(A), or any law of
    the United States providing for moieties or awards of
    compensation to informers in criminal cases.".

!!SEC. 1017. CHANGE ADOPTIVE SEIZURE REGULATIONS.!!

    (a) CONTROLLED SUBSTANCES ACT.--Section 511(e)(3) of the
Controlled Substances Act (21 U.S.C 881(e)(3)) is amended--
        (1) by striking "and" at the end of subparagraph (A);
        (2) by striking the period and inserting a semicolon at the
    end of subparagraph (B);
        (3) by inserting at the end of subparagraph (B) the
    following:
            "(C) is not so transferred to circumvent any
        requirement of State law that prohibits forfeiture or limits
        use or disposal of property forfeited to State or local
        agencies.".

    (b) TITLE 31, UNITED STATES CODE.--Subsection 9703(b)(4) of
title 31, United States Code, is amended--
        (1) by striking "and" at the end of subpargraph (A);
        (2) by striking the period and inserting a semicolon at the
    end of subparagraph (B);
        (3) by inserting at the end of subparagraph (B) the
    following:
            "(C) is not so transferred to circumvent any
        requirement of State law that prohibits forfeiture or limits
        use or disposal or property forfeited to State or local
        agencies.".

!!SEC. 1018. REPORTING REQUIREMENTS.!!

    Section 616a(c) of the Tariff Act of 1930 (19 U.S.C. 1616a(c))
is amended by adding at the end of section 616a(c) the following:

    "(4) The Secretary shall maintain individual records concerning
property transferred under paragraph (1)(B)(ii) demonstrating, with
particularity--
        "(A) the circumstances of the investigation and seizure of
    the forfeiture, including the race, national origin, gender, and
    age of those with an interest in the property prior to seizure;
    and
        "(B) the disposition of the property after transfer by each
    State.".

!!SEC. 1019. PROVIDE FOR MAINTENANCE OF SEIZED PROPERTY.!!

    (a) IN GENERAL.--Section 2465 of title 28, United States Code,
is amended to read as follows:

!!"S 2465. Return of property to claimant!!

    "Upon the entry of judgment for the claimant in any proceeding
to condemn or forfeit property seized under this Act of Congress or
one year after the seizure of such property if no such proceeding
has been initiated, such property shall be returned forthwith to the
claimant or his agent. At such time, interest shall be paid on any
seized coins, currency or negotiable obligations at a rate equal to
the greater of 6 percent or the prevailing market rate. Compensation
for any other injury to property, caused by or occurring subsequent
to its seizure, shall also be paid.".

    (b) CLERICAL AMENDMENT.--The item relating to section 2465 in
the table of sections at the beginning of chapter 163 of title 28,
United States Code, is amended to read as follows:

"2465. Return of property to claimant.".

!!SEC. 1020. LIMITATION ON ADMINISTRATIVE AND CONTRACTING
            EXPENSES.!!

    Section 524(c) of title 28, United States Code, as amended in
section 1, is further amended by adding at the end the following:
        "(13) The total of amounts paid from the Fund with respect
    to a fiscal year for administrative and contracting expenses
    under paragraph (1)(A) may not exceed 10 percent of the total of
    amounts paid from the Fund for all purposes with respect to such
    fiscal year.".

!!SEC. 1021. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING
            EXPENSES.!!

    Section 524(c)(6) of title 28, United States Code, is amended--
        (1) by striking "and" at the end of subparagraph (B);
        (2) by striking the period at the end of subparagraph (C)
    and inserting "; and"; and
        (3) by adding at the end the following:
            "(D) a report for such fiscal year containing a
        description of the administrative and contracting expenses
        paid from the Fund under paragraph (1)(A).".

!!SEC. 1022. NOMINAL CONSIDERATION SALES OF LOW VALUE REAL PROPERTY
            TO CERTAIN TAX-EXEMPT ORGANIZATIONS.!!

    Section 511(e) of the Controlled Substances Act (21 U.S.C.
881(e)) is amended--
        (1) by striking "(4)" and inserting "(4) or (5)"; and
        (2) by adding at the end the following:
        "(5)(A) If any property referred to in paragraph (1)(B) is
    low value real property located in a metropolitan statistical
    area, the Attorney General shall offer such property for sale,
    for nominal consideration to tax-exempt organizations that
    provide direct services furthering community-based crime control,
    housing, or education efforts in such area.
        "(B) As used in this paragraph--
            "(i) the term `low value real property' means, with
        respect to a metropolitan statistical area, real property
        that is appraised at less than 40 percent of the median
        value of comparable real property in the metropolitan
        statistical area;
            "(ii) the term `tax-exempt organization' means an
        organization described in section 501(c)(3) of the Internal
        Revenue Code of 1986, and exempt from tax under section
        501(a) of such Code; and
            "(iii) the term `nominal consideration' means minimal
        recompense not to exceed 1.5 percent of the value of the
        property, and shall not include, directly or indirectly,
        equitable sharing or any other cost, expense or payment
        associated with the seizure, forfeiture, care or maintenance
        of the property, or with the administration of any fund or
        program, other than the costs of the sale to the extent that
        such sales costs do not exceed 1.5 percent of the value of
        the property.".

!!SEC. 1023. LIMITATION ON CUSTOMS AND TAX EXEMPTION UNDER THE TORT
            CLAIMS.!!

    Section 2680(c) of title 28, United States Code, is amended by
inserting before the period the following: "except that this chapter
and section 1346(b) of this title shall apply to any claim based--
        "(1) on the negligent destruction, injury, or loss of goods
    or merchandise (including real property) while in the possession
    of any officer of customs or excise or any other law enforcement
    officer, or
        "(2) on the destruction, injury, or loss of goods or
    merchandise (including real property) caused by the misfeasance,
    malfeasance, or nonfeasance of any customs or excise or any
    other law enforcement officer while in the possession of such
    officer.".

                    !!TITLE XI--MISCELLANEOUS PROVISIONS!!

          !!SUBTITLE A--AMENDMENTS TO OMNIBUS CRIME CONTROL AND SAFE
                                STREETS ACT!!

!!SEC. 1101. DISCRETIONARY GRANT AUTHORIZATION.!!

    Section 511 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by striking "$50,000,000," and
inserting `$100,000,000,".

         !!SUBTITLE B--JUVENILE JUSTICE AND DELINQUENCY PREVENTION!!

!!SEC. 1111. JUVENILE JUSTICE AND PREVENTION OF JUVENILE
            DELINQUENCY.!!

    (a) AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY
PREVENTION ACT OF1974.--Section 299(a)(1) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42  U.S.C. 5671(a)(1)) is
amended by striking "$15,000,000 for" and inserting "$230,000,000
for each of the".

    (b) DUTIES OF ATTORNEY GENERAL.--(1) The Attorney General of
the United States shall--
        (A) evaluate the effectiveness, and improve the
    coordination, of the operation of all Federal programs relating
    to juvenile justice and to juvenile delinquency prevention, in
    order to maximize the effectiveness of such programs, to reduce
    duplication of effort, and to develop a unified strategy for
    addressing juvenile delinquency, and
        (B) submit to the Speaker of the House of Representatives
    and the President pro tempore of the Senate, an annual report
    describing the results of carrying out subparagraph (A) and
    containing a 5-year plan for the coordinated operation of such
    programs.

    (2) For purposes of carrying out paragraph (1), the Attorney
General shall consult with the Secretary of Education, the Secretary
of Health and Human Services, the Secretary of Housing and Urban
Development, and the heads of other Federal entities that carry out
such programs.

     There are no more items to read.

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* TEXT OF BILLS -- 103rd CONGRESS -- database updated 01/27/94 *

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