[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3315 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3315

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 1993

 Mr.  Washington (for himself, Mr. Edwards of California, Mr. Conyers, 
 Mr. Scott, Mr. Watt, Mr. Tucker, Mr. Rangel, Mr. Payne of New Jersey, 
Mrs. Schroeder, Mr. Becerra, Mr. Mfume, Mr. Serrano, Mr. Hastings, Mr. 
 Underwood, Ms. Norton, Ms. 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

                             March 7, 1994

 Additional sponsors: Mrs. Meek, Mr. Stokes, Mr. Jefferson, Mr. Clay, 
          Mr. Dellums, Mr. McDermott, and Mr. Lewis of Georgia

_______________________________________________________________________

                                 A BILL


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

    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:
``Sec. 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 
        the cost of the activities described in the application 
        submitted pursuant to section 166.
            (2) Federal share.--The Federal share shall not exceed 60 
        percent.
            (3) Non-federal share.--The non-Federal share of the cost 
        of scholarships and student employment provided under this 
        chapter shall be supplied from sources other than the Federal 
        Government.
    (c) Lead Agency.--Each State receiving an allotment under section 
162 shall designate an appropriate State agency to serve as the lead 
agency to conduct a scholarship program, a student employment program, 
or both in the State in accordance with this chapter.
    (d) Responsibilities of Director.--The Director shall be 
responsible for the administration of the programs conducted pursuant 
to this chapter and shall, in consultation with the Assistant Secretary 
for Postsecondary Education, issue rules to implement this chapter.
    (e) Administrative Expenses.--Each State 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.S.C. 290bb-23), 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.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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, 
        or imprisoned for not less than six months nor'' and inserting 
        ``shall be fined under title 18, United States Code, or 
        imprisoned not''.
            (2) Section 6(c) of the Commodity Exchange Act (7 U.S.C. 
        13b) is amended by striking ``shall be fined'' and all that 
        follows through ``not less than six months nor'' and inserting 
        ``shall be fined under title 18, United States Code, or 
        imprisoned not''.
            (3) Section 205(3) of the Packers and Stockyards Act, 1921 
        (7 U.S.C. 195) is amended by striking ``on conviction'' and all 
        that follows through ``five years'' and inserting ``be fined 
        under title 18, United States Code, or imprisoned not more than 
        5 years''.
            (4) Section 15(b)(1) of the Food Stamp Act of 1977 (7 
        U.S.C. 2024(b)(1)) is amended by striking ``less than six 
        months nor''.
            (5) Section 15(c) of the Food Stamp Act of 1977 (7 U.S.C. 
        2024(c)) is amended by striking ``less than one year nor''.
    (c) Laws Codified in Title 12 of the United States Code.--Section 
25A of the Federal Reserve Act (12 U.S.C. 617 and 630) is amended--
            (1) by striking ``liable to a fine'' and all that follows 
        through ``five years, or both, in the discretion of the court'' 
        and inserting ``fined under title 18, United States Code, or 
        imprisoned not more than 5 years, or both''; and
            (2) by striking ``upon conviction thereof'' and all that 
        follows through ``$5,000, in the discretion of the court'' and 
        inserting ``be fined under title 18, United States Code, or 
        imprisoned not more than 10 years, or both''.
    (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:
``Sec. 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:
``Sec. 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:
``Sec. 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--
                            ``(I) received from the transferee a 
                        statement of the transferee containing the 
                        information described in paragraph (3);
                            ``(II) verified the identity of the 
                        transferee by examining the identification 
                        document presented;
                            ``(III) within 1 day after the transferee 
                        furnishes the statement, provided notice of the 
                        contents of the statement to the chief law 
                        enforcement officer of the place of residence 
                        of the transferee; and
                            ``(IV) within 1 day after the transferee 
                        furnishes the statement, transmitted a copy of 
                        the statement to the chief law enforcement 
                        officer of the place of residence of the 
                        transferee; and
                    ``(ii)(I) 7 business days (as defined by days in 
                which State offices are open) have elapsed from the 
                date the transferor furnished notice of the contents of 
                the statement to the chief law enforcement officer, 
                during which period the transferor has not received 
                information from the chief law enforcement officer that 
                receipt or possession of the handgun by the transferee 
                would be in violation of Federal, State, or local law; 
                or
                    ``(II) the transferor has received notice from the 
                chief law enforcement officer that the officer has no 
                information indicating that 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:
``Sec. 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:
``Sec. 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 of 1974.--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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