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read bill:: HR3315 Please Wait... 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 --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 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. 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