[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 816 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 816

  To provide equal protection for victims of crime, to facilitate the 
 exchange of information between Federal and State law enforcement and 
  investigation entities, to reform criminal procedure, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 17 (legislative day, May 15), 1995

Mr. DeWine (for himself, Mr. Stevens, Mr. Ashcroft, Mr. Hatch, and Mr. 
  Thurmond) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide equal protection for victims of crime, to facilitate the 
 exchange of information between Federal and State law enforcement and 
  investigation entities, to reform criminal procedure, and for other 
                               purposes.
    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 ``Local Law Enforcement Enhancement 
Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                            TITLE I--PRISONS

Sec. 101. Truth-in-sentencing.
Sec. 102. Stopping abusive prisoner lawsuits.
Sec. 103. Appropriate remedies for prison conditions.
                       TITLE II--POLICE OFFICERS

Sec. 201. Cops on the beat.
                       TITLE III--LAW ENFORCEMENT

Sec. 301. Block grant program.
                          TITLE IV--TECHNOLOGY

Sec. 401. Funding for DNA identification.
Sec. 402. State compatibility with Federal Bureau of Investigation 
                            systems.
Sec. 403. Funding for Drugfire.
Sec. 404. Funding for the FBI DNA system covering Federal crimes and 
                            crime committed in the District of 
                            Columbia.
                          TITLE V--TRIGGERLOCK

Sec. 501. Congressional oversight.
Sec. 502. Pretrial detention for possession of firearms or explosives 
                            by convicted felons.
Sec. 503. Conforming scienter change for transferring a firearm to 
                            commit a crime of violence.
Sec. 504. Firearms possession by violent felons and serious drug 
                            offenders.
                 TITLE VI--EQUAL PROTECTION FOR VICTIMS

Sec. 601. Right of victims to restitution.
Sec. 602. Right of victim to an impartial jury.
Sec. 603. Rebuttal of attacks on the victim's character.
Sec. 604. Rules of procedure and evidence; method of prescribing.
Sec. 605. HIV testing of defendants in sexual assault cases.
Sec. 606. Clarifying amendment to extraterritorial child pornography 
                            offense.
                          TITLE VII--MILITARY

Sec. 701. Prohibition on accrual of pay and allowances by members of 
                            the Armed Forces who are confined pending 
                            dishonorable discharge.
Sec. 702. Criminal offenses committed outside the United States by 
                            persons accompanying the Armed Forces.
                     TITLE VIII--EXCLUSIONARY RULE

Sec. 801. Admissibility of certain evidence.
                     TITLE IX--HABEAS CORPUS REFORM

Sec. 901. Filing deadlines.
Sec. 902. Appeal.
Sec. 903. Amendment of Federal Rules of Appellate Procedure.
Sec. 904. Section 2254 amendments.
Sec. 905. Section 2255 amendments.
Sec. 906. Limits on second or successive applications.
Sec. 907. Death penalty litigation procedures.
Sec. 908. Technical amendment.
Sec. 909. Severability.
                            TITLE I--PRISONS

SEC. 101. TRUTH-IN-SENTENCING.

    (a) Truth-in-Sentencing Grant Program.--Title V of the Violent 
Crime Control and Law Enforcement Act of 1994 is amended to read as 
follows:

                 ``TITLE V--TRUTH-IN-SENTENCING GRANTS

``SEC. 50001. AUTHORIZATION OF GRANTS.

    ``(a) In General.--The Attorney General is authorized to provide 
grants to eligible States and to eligible States organized as a 
regional compact--
            ``(1) to build or expand correctional facilities to 
        increase the prison bed capacity for the confinement of persons 
        convicted of a serious violent felony; and
            ``(2) to build, expand, and operate temporary or permanent 
        correctional facilities, including facilities on military bases 
        and boot camps, for the confinement of convicted nonviolent 
        offenders and criminal aliens for the purpose of freeing 
        suitable existing prison space for the confinement of persons 
        convicted of a serious violent felony.
    ``(b) Limitation.--An eligible State or eligible States organized 
as a regional compact may receive either a general grant under section 
50002 or a truth-in-sentencing incentive grant under section 50003.

``SEC. 50002. GENERAL GRANTS.

    ``(a) Distribution.--50 percent of the total amount of funds made 
available pursuant to section 50007 for each of the fiscal years 1995 
through 2000 shall be made available for general eligibility grants for 
each State or States organized as a regional compact that meets the 
requirements of subsection (b).
    ``(b) Eligibility.--To be eligible to receive funds under 
subsection (a), a State or States organized as a regional compact shall 
submit an application to the Attorney General that provides assurances 
that such State or States have, since 1990--
            ``(1) increased the percentage of convicted violent 
        offenders sentenced to prison;
            ``(2) increased the average prison time actually to be 
        served in prison by convicted violent offenders sentenced to 
        prison; and
            ``(3) increased the percentage of sentence to be actually 
        served in prison by violent offenders sentenced to prison.

``SEC. 50003. TRUTH-IN-SENTENCING GRANTS.

    ``(a) Truth-in-Sentencing Incentive Grants.--50 percent of the 
total amount of funds made available pursuant to section 50007 for each 
of the fiscal years 1995 through 2000 shall be made available for 
truth-in-sentencing incentive grants to each State or States organized 
as a regional compact that meet the requirements of subsection (b).
    ``(b) Eligibility.--To be eligible to receive funds under 
subsection (a), a State or States organized as a regional compact shall 
submit an application to the Attorney General that provides assurances 
that each State applying has--
            ``(1)(A) enacted truth-in-sentencing laws that require 
        persons convicted of a serious violent felony to serve not less 
        than 85 percent of the sentence imposed, or 85 percent of the 
        court-ordered maximum sentence for States that practice 
        indeterminate sentencing; or
            ``(B) enacted truth-in-sentencing laws that have been 
        enacted, but not yet implemented, that require such State, not 
        later than 3 years after such State submits an application to 
        the Attorney General, to provide that persons convicted of a 
        serious violent felony serve not less than 85 percent of the 
        sentence imposed, or 85 percent of the court-ordered maximum 
        sentence for States that practice indeterminate sentencing; and
            ``(2) enacted laws requiring that the sentencing or 
        releasing authorities notify and allow the victims of the 
        defendant or the family of such victims the opportunity to be 
        heard regarding the issue of sentencing and any postconviction 
        release.

``SEC. 50004. SPECIAL RULES.

    ``(a) Additional Requirements.--To be eligible to receive a grant 
under section 50002 or 50003, a State or States organized as a regional 
compact shall provide an assurance to the Attorney General that--
            ``(1) to the extent practicable, inmate labor will be used 
        to build and expand correctional facilities;
            ``(2) each State will involve counties and other units of 
        local government, when appropriate, in the construction, 
        development, expansion, modification, operation, or improvement 
        of correctional facilities designed to ensure the incarceration 
        of offenders;
            ``(3) each State will share funds received under this title 
        with any county or other unit of local government that is 
        housing State prisoners, taking into account the burden placed 
        on such county or unit of local government in confining 
        prisoners due to overcrowding in State prison facilities in 
        furtherance of the purposes of this Act; and
            ``(4) the State has implemented or will implement, not 
        later than 18 months after the date of the enactment of the 
        Local Law Enforcement Enhancement Act of 1995, policies to 
        determine the veteran status of inmates and to ensure that 
        incarcerated veterans receive the veterans benefits to which 
        they are entitled.
    ``(b) Indeterminate Sentencing Exception.--Notwithstanding section 
50002(b)(3), a State shall be eligible for grants under this title if 
the State, not later than the date of the enactment of this title--
            ``(1) practices indeterminate sentencing; and
            ``(2) the average time served in such State for the 
        offenses of murder, rape, robbery, and assault exceed, by 10 
        percent or more, the national average of time served for such 
        offenses.
    ``(c) Exception.--Notwithstanding section 50002(b), a State may 
provide that the Governor of the State may allow for earlier release of 
a geriatric prisoner or a prisoner whose medical condition precludes 
the prisoner from posing a threat to the public after a public hearing 
in which representatives of the public and the prisoner's victims have 
an opportunity to be heard regarding a proposed release.

``SEC. 50005. FORMULA FOR GRANTS.

    ``To determine the amount of funds that each eligible State or 
eligible States organized as a regional compact may receive to carry 
out programs under section 50002 or 50003, the Attorney General shall 
apply the following formula:
            ``(1) $500,000 or 0.40 percent, whichever is greater, shall 
        be allocated to each participating State or compact, as the 
        case may be.
            ``(2) Of the total amount of funds remaining after the 
        allocation under paragraph (1), there shall be allocated to 
        each State or compact, as the case may be, an amount which 
        bears the same ratio to the amount of remaining funds described 
        in this paragraph as the population of such State or compact, 
        as the case may be, bears to the population of all the States.

``SEC. 50006. ACCOUNTABILITY.

    ``(a) Fiscal Requirements.--A State or States organized as a 
regional compact that receives funds under this title shall use 
accounting, audit, and fiscal procedures that conform to guidelines 
prescribed by the Attorney General.
    ``(b) Reporting.--Beginning on January 1, 1996, and each January 1 
thereafter, each State that receives funds under this title shall 
submit an annual report to
 the Congress regarding compliance with the requirements of this title.
    ``(c) Administrative Provisions.--The administrative provisions of 
sections 801 and 802 of the Omnibus Crime Control and Safe Streets Act 
of 1968 shall apply to the Attorney General in the same manner as such 
provisions apply to the officials listed in such sections.

``SEC. 50007. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated from the 
Violent Crime Reduction Trust Fund to carry out this title--
            ``(1) $900,000,000 for fiscal year 1996;
            ``(2) $1,150,000,000 for fiscal year 1997;
            ``(3) $2,200,000,000 for fiscal year 1998;
            ``(4) $2,300,000,000 for fiscal year 1999; and
            ``(5) $2,400,000,000 for fiscal year 2000.
    ``(b) Limitations on Funds.--
            ``(1) Uses of funds.--Funds made available under this title 
        shall be used only to carry out the purposes stated in section 
        50001(a).
            ``(2) Nonsupplanting requirement.--Funds made available 
        pursuant to this section shall not be used to supplant State 
        funds, but shall be used to increase the amount of funds that 
        would, in the absence of Federal funds, be made available from 
        State sources.
            ``(3) Administrative costs.--Not more than 3 percent of the 
        funds made available pursuant to this section shall be used for 
        administrative costs.
            ``(4) Matching funds.--The Federal share of a grant 
        received under this title shall not exceed 75 percent of the 
        costs of a proposal as described in an application approved 
        under this title.
            ``(5) Carry over of appropriations.--Any funds appropriated 
        but not expended as provided by this section during any fiscal 
        year shall remain available until expended.

``SEC. 50008. DEFINITIONS.

    ``As used in this title--
            ``(1) the term `indeterminate sentencing' means a system by 
        which--
                    ``(A) the court has discretion with respect to the 
                actual length of the sentence imposed, up to the 
                statutory maximum; and
                    ``(B) an administrative agency, generally the 
                parole board, controls release between court ordered 
                minimum and maximum sentences;
            ``(2) the term `serious violent felony' means--
                    ``(A) an offense that is a felony and has as an 
                element the use, attempted use, or threatened use of 
                physical force against the person or property of 
                another and has a maximum term of imprisonment of 10 
                years or more;
                    ``(B) any other offense that is a felony and that, 
                by its nature, involves a substantial risk that 
                physical force against the person or property of 
                another may be used in the course of committing the 
                offense and has a maximum term of imprisonment of 10 
                years or more; or
                    ``(C) murder, assault with intent to commit murder, 
                arson, armed burglary, rape, assault with intent to 
                commit rape, kidnapping, and armed robbery; and
            ``(3) the term `State' means a State of the United States, 
        the District of Columbia, or any commonwealth, territory, or 
        possession of the United States.''.
    (b) Conforming Amendments.--
            (1) Omnibus crime control and safe streets act of 1968.--
                    (A) Part v.--Part V of title I of the Omnibus Crime 
                Control and Safe Streets Act of 1968 is repealed.
                    (B) Funding.--(A) Section 1001(a) of the Omnibus 
                Crime Control and Safe Streets Act of 1968 is amended 
                by striking paragraph (20).
                    (C) Notwithstanding subparagraph (A), any funds 
                that remain available to an applicant under paragraph 
                (20) of title I of the Omnibus Crime Control and Safe 
                Streets Act of 1968 on the date of enactment of this 
                Act shall be used in accordance with part V of such Act 
                as such Act was in effect on the day preceding the date 
                of enactment of this Act.
            (2) Violent crime control and law enforcement act of 
        1994.--
                    (A) Repeal.--(i) Subtitle A of title II of the 
                Violent Crime Control and Law Enforcement Act of 1994 
                is repealed.
                    (ii) The table of contents of the Violent Crime 
                Control and Law Enforcement Act of 1994 is amended by 
                striking the matter relating to subtitle A of title II.
                    (B) Compliance.--Notwithstanding the provisions of 
                subparagraph (A), any funds that remain available to an 
                applicant under subtitle A of title II of the Violent 
                Crime Control and Law Enforcement Act of 1994 on the 
                date of enactment of this Act shall be used in 
                accordance with such subtitle as such subtitle was in 
                effect on the day preceding the date of enactment of 
                this Act.
                    (C) Truth-in-sentencing.--The table of contents of 
                the Violent Crime Control and Law Enforcement Act of 
                1994 is amended by striking the matter relating to 
                title V and inserting the following:
                 ``TITLE V--TRUTH-IN-SENTENCING GRANTS

``Sec. 50001. Authorization of grants.
``Sec. 50002. General grants.
``Sec. 50003. Truth-in-sentencing grants.
``Sec. 50004. Special rules.
``Sec. 50005. Formula for grants.
``Sec. 50006. Accountability.
``Sec. 50007. Authorization of appropriations.
``Sec. 50008. Definitions.''.
SEC. 102. STOPPING ABUSIVE PRISONER LAWSUITS.

    (a) Exhaustion Requirement.--Section 7(a)(1) of the Civil Rights of 
Institutionalized Persons Act (42 U.S.C. 1997e) is amended--
            (1) by striking ``in any action brought'' and inserting 
        ``no action shall be brought'';
            (2) by striking ``the court shall'' and all that follows 
        through ``require exhaustion of'' and insert ``until''; and
            (3) by inserting ``are exhausted'' after ``available''.
    (b) Frivolous Actions.--Section 7(a) of the Civil Rights of 
Institutionalized Persons Act (42 U.S.C. 1997e(a)) is amended by adding 
at the end the following:
    ``(3) The court shall on its own motion or on motion of a party 
dismiss any action brought pursuant to section 1979 of the Revised 
Statutes of the United States by an adult convicted of a crime and 
confined in any jail, prison, or other correctional facility, if the 
court is satisfied that the action fails to state a claim upon which 
relief can be granted or is frivolous or malicious.''.
    (c) Modification of Requirement Minimum Standards.--Section 7(b)(2) 
of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 
1997e(b)(2)) is amended by striking subparagraph (A) and redesignating 
subparagraphs (B) through (E) as subparagraphs (A) through (D), 
respectively.
    (d) Proceedings In Forma Pauperis.--
            (1) Dismissal.--Section 1915(d) of title 28, United States 
        Code, is amended--
                    (A) by inserting ``at any time'' after ``counsel 
                and may'';
                    (B) by striking ``and may'' and inserting ``and 
                shall'';
                    (C) by inserting ``fails to state a claim upon 
                which relief may be granted or'' after ``that the 
                action''; and
                    (D) by inserting ``, even if partial filing fees 
                have been imposed by the court'' before the period.
            (2) Prisoner's statement of assets.--Section 1915 of title 
        28, United States Code, is amended by adding at the end the 
        following new subsection:
    ``(f) If a prisoner in a correctional institution files an 
affidavit in accordance with subsection (a), such prisoner shall 
include in that affidavit a statement of all assets such prisoner 
possesses. The court shall make inquiry of the correctional institution 
in which the prisoner is incarcerated for information available to that 
institution relating to the extent of the prisoner's assets. The court 
shall require full or partial payment of filing fees according to the 
prisoner's ability to pay.''.

SEC. 103. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

    (a) In General.--Section 3626 of title 18, United States Code (as 
added by section 20409 of the Violent Crime Control and Law Enforcement 
Act of 1994), is amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
    ``(a) Requirements for Relief.--
            ``(1) Limitations on prospective relief.--Prospective 
        relief in a civil action with respect to prison conditions 
        shall extend no further than necessary to remove the conditions 
        that are causing the deprivation of the Federal rights of 
        individual plaintiffs in the civil action. The court shall not 
        grant or approve any prospective relief unless the court finds 
        that such relief is narrowly drawn and the least intrusive 
        means to remedy the violation of the Federal right. In 
        determining the intrusiveness of the relief, the court shall 
        give substantial weight to any adverse impact on public safety 
        or the operation of a criminal justice system caused by the 
        relief.
            ``(2) Prison population reduction relief.--In any civil 
        action with respect to prison conditions, the court shall not 
        grant or approve any relief the purpose or effect of which is 
        to reduce or limit the prison population, unless the plaintiff 
        proves that crowding is the primary cause of the deprivation of 
        the Federal right and no other relief will remedy that 
        deprivation.
    ``(b) Termination of Relief.--
            ``(1) Automatic termination of prospective relief after 2-
        year period.--In any civil action with respect to prison 
        conditions, any prospective relief shall automatically 
        terminate 2 years after the later of--
                    ``(A) the date the court issued the judgment 
                finding a violation of a Federal right that was the 
                basis for the relief; or
                    ``(B) the date of the enactment of the Local Law 
                Enforcement Enhancement Act of 1995.
            ``(2) Immediate termination of prospective relief.--In any 
        civil action with respect to prison conditions, a defendant or 
        intervenor shall be entitled to the immediate termination of 
        any prospective relief if that relief was approved or granted 
        in the absence of a finding by the court that prison conditions 
        violated a Federal right.
    ``(c) Procedure for Motions Affecting Prospective Relief.--
            ``(1) Generally.--The court shall promptly rule on any 
        motion to modify or terminate prospective relief in a civil 
        action with respect to prison conditions.
            ``(2) Automatic stay.--Any prospective relief subject to a 
        pending motion shall be automatically stayed during the 
        period--
                    ``(A) beginning on the 30th day after such motion 
                is filed, in the case of a motion made under subsection 
                (b); or
                    ``(B) beginning on the 180th day after such motion 
                is filed, in the case of a motion made under any other 
                law;
        and ending on the date the court enters a final order ruling on 
        that motion.
    ``(d) Standing.--Any Federal, State, or local government whose 
jurisdiction or function includes the prosecution or custody of persons 
in a prison subject to any relief whose purpose or effect is to reduce 
or limit the prison population shall have standing to oppose the 
imposition or continuation in effect of that relief and may intervene 
in any proceeding relating to that relief. Standing shall be liberally 
conferred under this subsection so as to effectuate the remedial 
purposes of this section.
    ``(e) Special Masters.--In any civil action in a Federal court with 
respect to prison conditions, any special master or monitor shall be a 
United States magistrate and shall make proposed findings on the record 
on complicated factual issues submitted to the special master or 
monitor by the court, but shall have no other function. The parties may 
not by consent extend the function of a special master beyond the 
function permitted under this subsection.
    ``(f) Attorney's Fees.--No attorney's fee under section 722 of the 
Revised Statutes of the United States (42 U.S.C. 1988) may be granted 
to a plaintiff in a civil action with respect to prison conditions 
except to the extent such fee is--
            ``(1) directly and reasonably incurred in proving an actual 
        violation of the plaintiff's Federal rights; and
            ``(2) proportionally related to the extent the plaintiff 
        obtains court ordered relief for that violation.
    ``(g) Definitions.--As used in this section--
            ``(1) the term `prison' means any Federal, State, or local 
        facility that incarcerates or detains juveniles or adults 
        accused of, convicted of, sentenced for, or adjudicated 
        delinquent for, violations of criminal law;
            ``(2) the term `relief' means all relief in any form which 
        may be granted or approved by the court, and includes consent 
        decrees and settlement agreements; and
            ``(3) the term `prospective relief' means all relief other 
        than compensatory monetary damages.''.
    (b) Application of Amendment.--Section 3626 of title 18, United 
States Code, as amended by this section, shall apply with respect to 
all relief (as defined in such section) whether such relief was 
originally granted or approved before, on, or after the date of the 
enactment of this Act.
    (c) Clerical Amendment.--The item relating to section 3626 in the 
table of sections at the beginning of subchapter C of chapter 229 of 
title 18, United States Code, is amended by striking ``crowding'' and 
inserting ``conditions''.
                       TITLE II--POLICE OFFICERS

SEC. 201. COPS ON THE BEAT.

    (a) In General.--Part Q of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended to read 
as follows:

    ``PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; COPS ON THE BEAT

``SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING 
              GRANTS.

    ``(a) Grant Authorization.--The Attorney General may make grants to 
cities to increase police presence, to expand and improve cooperative 
efforts between law enforcement agencies and members of the community 
to address crime and disorder problems, and otherwise to enhance public 
safety.
    ``(b) Rehiring, Hiring, and Initial Redeployment Grant Projects.--
            ``(1) In general.--Grants made under subsection (a) may be 
        used for programs, projects, and other activities to--
                    ``(A) rehire law enforcement officers who have been 
                laid off as a result of State and local budget 
                reductions for deployment in community-oriented 
                policing;
                    ``(B) hire and train new, additional career law 
                enforcement officers for deployment in community-
                oriented policing across the Nation; and
                    ``(C) procure equipment, technology, or support 
                systems, or pay overtime, if the applicant for such a 
                grant demonstrates to the satisfaction of the Attorney 
                General that expenditures for such purposes would 
                result in an increase in the number of officers 
                deployed in community-oriented policing equal to or 
                greater than the increase in the number of officers 
                that would result from a grant for a like amount for
                 the purposes specified in subparagraph (A) or (B).
            ``(2) Grants for equipment, technology, and support 
        systems.--Grants pursuant to paragraph (1)(C)--
                    ``(A) may not exceed--
                            ``(i) 20 percent of the funds available for 
                        grants pursuant to this subsection in fiscal 
                        year 1995;
                            ``(ii) 20 percent of the funds available 
                        for grants pursuant to this subsection in 
                        fiscal year 1996; or
                            ``(iii) 10 percent of the funds available 
                        for grants pursuant to this subsection in 
                        fiscal years 1997, 1998, 1999, and 2000; and
                    ``(B) may not be awarded in fiscal years 1998, 
                1999, or 2000 unless the Attorney General has certified 
                that grants awarded in fiscal years 1995, 1996, and 
                1997 pursuant to subparagraph (1)(C) have resulted in 
                an increase in the number of officers deployed in 
                community-oriented policing equal to or greater than 
                the increase in the number of officers that have 
                resulted from the grants in like amounts awarded in 
                fiscal years 1995, 1996, and 1997 pursuant to paragraph 
                (1) (A) and (B).
    ``(c) Troops-to-Cops Programs.--
            ``(1) In general.--Grants made under subsection (a) may be 
        used to hire former members of the Armed Forces to serve as 
        career law enforcement officers for deployment in community-
        oriented policing, particularly in communities that are 
        adversely affected by a recent military base closing.
            ``(2) Definition.--In this subsection, `former member of 
        the Armed Forces' means a member of the Armed Forces of the 
        United States who is involuntarily separated from the Armed 
        Forces within the meaning of section 1141 of title 10, United 
        States Code.
    ``(d) Technical Assistance.--
            ``(1) In general.--The Attorney General may provide 
        technical assistance to cities in furtherance of the purposes 
        of the Public Safety Partnership and Community Policing Act of 
        1994.
            ``(2) Model.--The technical assistance provided by the 
        Attorney General may include the development of a flexible 
        model that will define for State and local governments, and 
        other public and private entities, definitions and strategies 
        associated with community or problem-oriented policing and 
        methodologies for its implementation.
            ``(3) Training centers and facilities.--The technical 
        assistance provided by the Attorney General may include the 
        establishment and operation of training centers or facilities, 
        either directly or by contracting or cooperative arrangements. 
        The functions of the centers or facilities established under 
        this paragraph may include instruction and seminars for police 
        executives, managers, trainers, supervisors, and such others as 
        the Attorney General considers to be appropriate concerning 
        community or problem-oriented policing and improvements in 
        police-community interaction and cooperation that further the 
        purposes of the Public Safety Partnership and Community 
        Policing Act of 1994.
    ``(e) Utilization of Components.--The Attorney General may utilize 
any component or components of the Department of Justice in carrying 
out this part.
    ``(f) Allocation of Funds.--The funds available under this part 
shall be allocated as provided in section 1703.
    ``(g) Termination of Grants for Hiring Officers.--The authority 
under subsection (a) of this section to make grants for the hiring and 
rehiring of additional career law enforcement officers shall lapse at 
the conclusion of 6 years from the date of enactment of this part. 
Prior to the expiration of this grant authority, the Attorney General 
shall submit a report to Congress concerning the experience with and 
effects of such grants. The report may include any recommendations the 
Attorney General may have for amendments to this part and related 
provisions of law in light of the termination of the authority to make 
grants for the hiring and rehiring of additional career law enforcement 
officers.

``SEC. 1702. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated from the Violent Crime 
Reduction Trust Fund to carry out this part, $1,000,000,000 in each of 
the fiscal years 1995 through 2000, to remain available until expended.

``SEC. 1703. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``The Attorney General shall allocate funds made available pursuant 
to this part shall be allocated using the following formula:
            ``(1) For each city reporting part 1 violent crimes to the 
        Federal Bureau of Investigation, the Attorney General shall 
        multiply the population of the city by the number of part 1 
        violent crimes reported in the previous year to calculate the 
        crime weighted population.
            ``(2) The Attorney General shall allocate funds to each of 
        the 250 cities with the highest crime weighted populations 
        under paragraph (1) an amount bearing the same ratio as the 
        crime weighted population of such city bears to the total crime 
        weighted population of such 250 cities.

``SEC. 1704. RENEWAL OF GRANTS.

    ``(a) In General.--Except for grants made for hiring or rehiring 
additional career law enforcement officers, a grant under this part may 
be renewed for up to 4 additional years after the first fiscal year 
during which a recipient receives its initial grant, if the Attorney 
General determines that the funds made available to the recipient were 
used in a manner required under an approved application and if the 
recipient can demonstrate significant progress in achieving the 
objectives of the initial application.
    ``(b) Grants for Hiring.--Grants made for hiring or rehiring 
additional career law enforcement officers may be renewed for up to 4 
years, subject to the requirements of subsection (a), but 
notwithstanding the limitation in that subsection concerning the number 
of years for which grants may be renewed.
    ``(c) Multiyear Grants.--A grant for a period exceeding 1 year may 
be renewed as provided in this section, except that the total duration 
of such a grant including any renewals may not exceed 5 years.

``SEC. 1705. LIMITATION ON USE OF FUNDS.

    ``Funds made available under this part to cities shall not be used 
to supplant State or local funds, but shall be used to increase the 
amount of funds that would, in the absence of Federal funds received 
under this part, be made available from State or local sources.

``SEC. 1706. PERFORMANCE EVALUATION.

    ``(a) Monitoring Components.--Each program, project, or activity 
funded under this part shall contain a monitoring component, developed 
pursuant to guidelines established by the Attorney General. The 
monitoring required by this subsection shall include systematic 
identification and collection of data about activities, 
accomplishments, and programs throughout the life of the program, 
project, or activity and presentation of such data in a usable form.
    ``(b) Evaluation Components.--Selected grant recipients shall be 
evaluated on the local level or as part of a national evaluation, 
pursuant to guidelines established by the Attorney General. Such 
evaluations may include assessments of individual program 
implementations. In selected jurisdictions that are able to support 
outcome evaluations, the effectiveness of funded programs, projects, 
and activities may be required. Outcome measures may include crime and 
victimization indicators, quality of life measures, community 
perceptions, and police perceptions of their own work.
    ``(c) Periodic Review and Reports.--The Attorney General may 
require a grant recipient to submit to the Attorney General the results 
of the monitoring and evaluations required under subsections (a) and 
(b) and such other data and information as the Attorney General deems 
reasonably necessary.

``SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.

    ``If the Attorney General determines, as a result of the reviews 
required by section 1706, or otherwise, that a grant recipient under 
this part is not in substantial compliance with the terms and 
requirements of an approved grant application submitted under section 
1702, the Attorney General may revoke or suspend funding of that grant, 
in whole or in part.

``SEC. 1708. ACCESS TO DOCUMENTS.

    ``(a) By the Attorney General.--The Attorney General shall have 
access for the purpose of audit and examination to any pertinent books, 
documents, papers, or records of a grant recipient under this part and 
to the pertinent books, documents, papers, or records of State and 
local governments, persons, businesses, and other entities that are 
involved in programs, projects, or activities for which assistance is 
provided under this part.
    ``(b) By the Comptroller General.--Subsection (a) shall apply with 
respect to audits and examinations conducted by the Comptroller General 
of the United States or by an authorized representative of the 
Comptroller General.

``SEC. 1709. GENERAL REGULATORY AUTHORITY.

    ``The Attorney General may promulgate regulations and guidelines to 
carry out this part.

``SEC. 1710. DEFINITION.

    ``In this part, the term `career law enforcement officer' means a 
person hired on a permanent basis who is authorized by law or by a 
State or local public agency to engage in or supervise the prevention, 
detection, or investigation of violations of criminal laws.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of contents.--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 item relating 
        to part Q and inserting the following:
   ``Part Q--Public Safety and Community Policing; Cops and the Beat

        ``Sec. 1701. Authority to make public safety and community 
                            policing grants.
        ``Sec. 1702. Authorization of appropriations.
        ``Sec. 1703. Allocation and distribution of funds.
        ``Sec. 1704. Renewal of grants.
        ``Sec. 1705. Limitation on use of funds.
        ``Sec. 1706. Performance evaluation.
        ``Sec. 1707. Revocation or suspending of funding.
        ``Sec. 1708. Access to documents.
        ``Sec. 1709. General regulatory authority.
        ``Sec. 1710. Definitions.''.
            (2) Conforming amendments.--Section 1001(a) of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3793) is amended--
                    (A) in paragraph (3) by striking ``O, P, and Q'' 
                and inserting ``O, and P''; and
                    (B) by striking paragraph (11).

                       TITLE III--LAW ENFORCEMENT

SEC. 301. BLOCK GRANT PROGRAM.

    (a) Block Grant Program.--Title I of the Violent Crime Control and 
Law Enforcement Act of 1994 is amended to read as follows:

                ``TITLE I--LAW ENFORCEMENT BLOCK GRANTS

``SEC. 101. PAYMENTS TO LOCAL GOVERNMENTS.

    ``(a) Payment and Use.--
            ``(1) Payment.--The Director of the Bureau of Justice 
        Assistance shall pay to each unit of local government that 
        qualifies for a payment under this title an amount equal to the 
        sum of any amounts allocated to such unit under this title for 
        each payment period. The Director shall pay such amount from 
        amounts appropriated to carry out this title.
            ``(2) Use.--Amounts paid to a unit of local government 
        under this section shall be used by the unit of local 
        government for reducing crime and improving public safety, 
        including 1 or more of the following purposes:
                    ``(A)(i) Hiring, training, and employing on a 
                continuing basis new law enforcement officers and 
                necessary support personnel.
                    ``(ii) Paying overtime to presently employed law 
                enforcement officers and necessary support personnel 
                for the purpose of increasing the number of hours 
                worked by such personnel.
                    ``(iii) Procuring equipment, technology, and other 
                material directly related to basic law enforcement 
                functions.
                    ``(B) Enhancing school security measures by--
                            ``(i) providing increased law enforcement 
                        patrols in and around schools, whether through 
                        the hiring of additional law enforcement 
                        officers or paying overtime to presently 
                        employed officers;
                            ``(ii) purchasing law enforcement equipment 
                        necessary to carry out normal law enforcement 
                        functions in and around schools;
                            ``(iii) equipping schools with metal 
                        detectors, fences, closed circuit cameras, and 
                        other physical safety measures;
                            ``(iv) establishing gun hotlines designed 
                        to facilitate the reporting of weapons 
                        possession by students and other individuals in 
                        and around schools; and
                            ``(v) preventing and suppressing violent 
                        youth gang activity.
                    ``(C) Establishing crime prevention programs that 
                may involve law enforcement officials and that are 
                intended to discourage, disrupt, or interfere with the 
                commission of criminal activity, including neighborhood 
                watch and citizen patrol programs, sexual assault and 
                domestic violence programs, and programs intended to 
                prevent juvenile crime.
                    ``(D) Establishing or supporting drug courts.
                    ``(E) Establishing early intervention and 
                prevention programs for juveniles to reduce or 
                eliminate crime.
                    ``(F) Enhancing the adjudication process of cases 
                involving violent offenders, including the adjudication 
                process of cases involving violent juvenile offenders.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) the term `violent offender' means a person 
                charged with committing a part I violent crime; and
                    ``(B) the term `drug courts' means a program that 
                involves--
                            ``(i) continuing judicial supervision of 
                        offenders with substance abuse problems who are 
                        not violent offenders; and
                            ``(ii) the integrated administration of 
                        other sanctions and services, including--
                                    ``(I) mandatory periodic testing 
                                for the use of controlled substances or 
                                other addictive substances during any 
                                period of supervised release or 
                                probation for each participant;
                                    ``(II) substance abuse treatment 
                                for each participant;
                                    ``(III) probation, or other 
                                supervised release involving the 
                                possibility of prosecution, 
                                confinement, or incarceration based on 
                                noncompliance with program requirements 
                                or failure to show satisfactory 
                                progress; and
                                    ``(IV) programmatic, offender 
                                management, and aftercare services such 
                                as relapse prevention, vocational job 
                                training, job placement, and housing 
                                placement.
    ``(b) Prohibited Uses.--Notwithstanding any other provision of this 
Act, a unit of local government may not expend any of the funds 
provided under this title to purchase, lease, rent, or otherwise 
acquire--
            ``(1) tanks or armored personnel carriers;
            ``(2) fixed wing aircraft;
            ``(3) limousines;
            ``(4) real estate; or
            ``(5) yachts,
unless the Attorney General certifies that extraordinary and exigent 
circumstances exist that make the use of funds for such purposes 
essential to the maintenance of public safety and good order in such 
unit of local government.
    ``(c) Timing of Payments.--The Director shall pay each unit of 
local government that has submitted an application under this title not 
later than--
            ``(1) 90 days after the date that the amount is available; 
        or
            ``(2) the first day of the payment period if the unit of 
        local government has provided the Director with the assurances 
        required by section 103(d),
whichever is later.
    ``(d) Adjustments.--
            ``(1) In general.--Subject to paragraph (2), the Director 
        shall adjust a payment under this title to a unit of local 
        government to the extent that a prior payment to the unit of 
        local government was more or less than the amount required to 
        be paid.
            ``(2) Considerations.--The Director may increase or 
        decrease a payment to a unit of local government only if the 
        Director determines the need for the increase or decrease, or 
        if the unit requests the increase or decrease, not later than 1 
        year after the end of the payment period for which a payment 
        was made.
    ``(e) Reservation for Adjustment.--The Director may reserve a 
percentage of not more than 2 percent of the amount under this section 
for a payment period for all units of local government in a State if 
the Director considers the reserve is necessary to ensure the 
availability of sufficient amounts to pay adjustments after the final 
allocation of amounts among the units of local government in the State.
    ``(f) Repayment of Unexpended Amounts.--
            ``(1) Repayment required.--A unit of local government shall 
        repay to the Director, by not later than 27 months after 
        receipt of funds from the Director, any amount that is--
                    ``(A) paid to the unit from amounts appropriated 
                under the authority of this section; and
                    ``(B) not expended by the unit within 2 years after 
                receipt of such funds from the Director.
            ``(2) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Director shall reduce payment 
        in future payment periods accordingly.
            ``(3) Deposit of amounts repaid.--Amounts received by the 
        Director as repayments under this subsection shall be deposited 
        in a designated fund for future payments to units of local 
        government.
    ``(g) Nonsupplanting Requirement.--Funds made available under this 
title to units of local government shall not be used to supplant State 
or local funds, but shall be used to increase the amount of funds that 
would, in the absence of funds made available under this title, be made 
available from State or local sources.

``SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund to carry out 
this title $1,130,000,000 for each of the fiscal years 1996, 1997, 
1998, 1999, and 2000, to remain available until expended.
    ``(b) Administrative Costs.--Not more than 2.5 percent of the 
amount authorized to be appropriated under subsection (a) for each of 
the fiscal years 1996 through 2000 shall be available to the Director 
for administrative costs to carry out this title. Such sums shall 
remain available until expended.

``SEC. 103. QUALIFICATION FOR PAYMENT.

    ``(a) In General.--The Director shall issue regulations 
establishing procedures under which a unit of local government is 
required to provide notice to the Director regarding the proposed use 
of funds made available under this title.
    ``(b) Program Review.--The Director shall establish a process for 
the ongoing evaluation of projects developed with funds made available 
under this title.
    ``(c) General Requirements for Qualification.--A unit of local 
government qualifies for a payment under this title for a payment 
period only if the unit of local government submits an application to 
the Director and establishes, to the satisfaction of the Director, 
that--
            ``(1) the unit of local government has established a local 
        advisory board that--
                    ``(A) includes a representative from--
                            ``(i) the local police department or local 
                        sheriff's department;
                            ``(ii) the local prosecutor's office;
                            ``(iii) the local court system;
                            ``(iv) the local public school system; and
                            ``(v) a local nonprofit, educational, 
                        religious, or community group active in crime 
                        prevention or drug use prevention or treatment;
                    ``(B) has reviewed the application; and
                    ``(C) is designated to make nonbinding 
                recommendations to the unit of local government for the 
                use of funds received under this title;
            ``(2) the chief executive officer of the State has had not 
        less than 45 days to review and comment on the application 
        prior to submission to the Director;
            ``(3) the unit of local government will establish a trust 
        fund in which the government will deposit all payments received 
        under this title;
            ``(4) the unit of local government will use amounts in the 
        trust fund (including interest) during a period not to exceed 2 
        years from the date the first grant payment is made to the unit 
        of local government;
            ``(5) the unit of local government will expend the payments 
        received in accordance with the laws and procedures that are 
        applicable to the expenditure of revenues of the unit of local 
        government;
            ``(6) the unit of local government will use accounting, 
        audit, and fiscal procedures that conform to guidelines which 
        shall be prescribed by the Director after consultation with the 
        Comptroller General and as applicable, amounts received under 
        this title shall be audited in compliance with the Single Audit 
        Act of 1984;
            ``(7) after reasonable notice from the Director or the 
        Comptroller General to the unit of local government, the unit 
        of local government will make available to the Director and the 
        Comptroller General, with the right to inspect, records that 
        the Director reasonably requires to review compliance with this 
        title or that the Comptroller General reasonably requires to 
        review compliance and operation;
            ``(8) a designated official of the unit of local government 
        shall make reports the Director reasonably requires, in 
        addition to the annual reports required under this title; and
            ``(9) the unit of local government will spend the funds 
        made available under this title only for the purposes set forth 
        in section 101(a)(2).
    ``(d) Sanctions for Noncompliance.--
            ``(1) In general.--If the Director determines that a unit 
        of local government has not complied substantially with the 
        requirements or regulations prescribed under subsections (a) 
        and (c), the Director shall notify the unit of local government 
        that if the unit of local government does not take corrective 
        action within 60 days of such notice, the Director will 
        withhold additional payments to the unit of local government 
        for the current and future payment periods until the Director 
        is satisfied that the unit of local government--
                    ``(A) has taken the appropriate corrective action; 
                and
                    ``(B) will comply with the requirements and 
                regulations prescribed under subsections (a) and (c).
            ``(2) Notice.--Before giving notice under paragraph (1), 
        the Director shall give the chief executive officer of the unit 
        of local government reasonable notice and an opportunity for 
        comment.

``SEC. 104. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Set-Aside.--
            ``(1) In general.--Of the total amounts appropriated for 
        this title for each payment period, the Director shall allocate 
        for units of local government in each State an amount that 
        bears the same ratio to such total as the average annual number 
        of part 1 violent crimes reported by such State to the Federal 
        Bureau of Investigation for the 3 most recent calendar years 
        for which such data is available, bears to the number of part 1 
        violent crimes reported by all States to the Federal Bureau of 
        Investigation for such years.
            ``(2) Minimum requirement.--Each State shall receive not 
        less than .25 percent of the total amounts appropriated under 
        section 102 under this subsection for each payment period.
            ``(3) Proportional reduction.--If amounts available to 
        carry out paragraph (2) for any payment period are insufficient 
        to pay in full the total payment that any State is otherwise 
        eligible to receive under paragraph (1) for such period, then 
        the Director shall reduce payments under paragraph (1) for such 
        payment period to the extent of such insufficiency. Reductions 
        under the preceding sentence shall be allocated among the 
        States (other than States whose payment is determined under 
        paragraph (2)) in the same proportions as amounts would be 
        allocated under paragraph (1) without regard to paragraph (2).
    ``(b) Local Distribution.--
            ``(1) In general.--From the amount reserved for each State 
        under subsection (a), the Director shall allocate--
                    ``(A) among reporting units of local government the 
                reporting units' share of such reserved amount; and
                    ``(B) among nonreporting units of local government 
                the nonreporting units' share of the reserved amount.
            ``(2) Amounts.--
                    ``(A) The reporting units' share of the reserved 
                amount is the amount equal to the product of such 
                reserved amount multiplied by the percentage which the 
                population living in reporting units of local 
                government in the State bears to the population of all 
                units of local government in the State.
                    ``(B) The nonreporting units' share of the reserved 
                amount is the reserved amount reduced by the reporting 
                units' share of the reserved amount.
            ``(3) Allocation to each reporting unit.--From the 
        reporting units' share of the reserved amount for each State 
        under subsection (a), the Director shall allocate to each 
        reporting unit of local government an amount which bears the 
        same ratio to such share as the average annual number of part 1 
        violent crimes reported by such unit to the Federal Bureau of 
        Investigation for the 3 most recent calendar years for which 
        such data is available bears to the number of part 1 violent 
        crimes reported by all units of local government in the State 
        in which the unit is located to the Federal Bureau of 
        Investigation for such years.
            ``(4) Allocation to each nonreporting unit.--From the 
        nonreporting units' share of the reserved amount for each State 
        under subsection (a), the Director shall allocate to each 
        nonreporting unit of local government an amount which bears the 
        same ratio to such share as the average number of part 1 
        violent crimes of like governmental units in the same 
        population class as such unit bears to the average annual 
        imputed number of part 1 violent crimes of all nonreporting 
        units in the State for the 3 most recent calendar years.
            ``(5) Limitation on allocations.--A unit of local 
        government shall not receive an allocation which exceeds 100 
        percent of such unit's expenditures on law enforcement services 
        as reported by the Bureau of the Census for the most recent 
        fiscal year. Any amount in excess of 100 percent of such unit's 
        expenditures on law enforcement services shall be distributed 
        proportionally among units of local government whose allocation 
        does not exceed 100 percent of expenditures on law enforcement 
        services.
            ``(6) Definitions.--For purposes of this subsection--
                    ``(A) The term `reporting unit of local government' 
                means any unit of local government that reported part 1 
                violent crimes to the Federal Bureau of Investigation 
                for the 3 most recent calendar years for which such 
                data is available.
                    ``(B) The term `nonreporting unit of local 
                government' means any unit of local government that is 
                not a reporting unit of local government.
                    ``(C)(i) The term `like governmental units' means 
                any like unit of local government as defined by the 
                Secretary of Commerce for general statistical purposes, 
                and means--
                            ``(I) all counties are treated as like 
                        governmental units;
                            ``(II) all cities are treated as like 
                        governmental units;
                            ``(III) all townships are treated as like 
                        governmental units.
                    ``(ii) Similar rules shall apply to other types of 
                governmental units.
                    ``(D) The term `same population class' means a like 
                unit within the same population category as another 
                like unit with the categories determined as follows:
                            ``(i) 0 through 9,999.
                            ``(ii) 10,000 through 49,999.
                            ``(iii) 50,000 through 149,999.
                            ``(iv) 150,000 through 299,999.
                            ``(v) 300,000 or more.
            ``(7) Local governments with allocations of less than 
        $10,000.--If under paragraph (3) or (4) a unit of local 
        government is allotted less than $10,000 for the payment 
        period, the amount allotted shall be transferred to the chief 
        executive officer of the State who shall distribute such funds 
        among units of local government whose allotment is less than 
        such amount in a manner which reduces crime and improves public 
        safety.
            ``(8) Special rules.--
                    ``(A) If a unit of local government in a State that 
                has been incorporated since the date of the collection 
                of the data used by the Director in making allocations 
                pursuant to this section, such unit shall be treated as 
                a nonreporting unit of local government for purposes of 
                this subsection.
                    ``(B) If a unit of local government in the State 
                has been annexed since the date of the collection of 
                the data used by the Director in making allocations 
                pursuant to this section, the Director shall pay the 
                amount that would have been allocated to such unit of 
                local government to the unit of local government that 
                annexed it.
    ``(c) Unavailability of Information.--For purposes of this section, 
if data regarding part 1 violent crimes in any State for the 3 most 
recent calendar years is unavailable or substantially inaccurate, the 
Director shall utilize the best available comparable data regarding the 
number of violent crimes for such years for such State for the purposes 
of allocation of any funds under this title.

``SEC. 105. UTILIZATION OF PRIVATE SECTOR.

    ``Funds or a portion of funds allocated under this title may be 
utilized to contract with private, nonprofit entities or community-
based organizations to carry out the purposes specified under section 
101(a)(2).

``SEC. 106. PUBLIC PARTICIPATION.

    ``(a) In General.--A unit of local government expending payments 
under this title shall hold not less than 1 public hearing on the 
proposed use of the payment from the Director in relation to its entire 
budget.
    ``(b) Views.--At the hearing, persons shall be given an opportunity 
to provide written and oral views to the unit of local government 
authority responsible for enacting the budget and to ask questions 
about the entire budget and the relation of the payment from the 
Director to the entire budget.
    ``(c) Time and Place.--The unit of local government shall hold the 
hearing at a time and place that allows and encourages public 
attendance and participation.

``SEC. 107. ADMINISTRATIVE PROVISIONS.

    ``The administrative provisions of part H of the Omnibus Crime 
Control and Safe Streets Act of 1968, shall apply to this title and for 
purposes of this section any reference in such provisions to title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 shall be deemed 
to be a reference to this title.

``SEC. 108. DEFINITIONS.

    ``For the purposes of this title:
            ``(1) The term `unit of local government' means--
                    ``(A) a county, township, city, or political 
                subdivision of a county, township, or city, that is a 
                unit of local government as determined by
                 the Secretary of Commerce for general statistical 
purposes; and
                    ``(B) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaska Native 
                village that carries out substantial governmental 
                duties and powers.
            ``(2) The term `payment period' means each 1-year period 
        beginning on October 1 of any year in which a grant under this 
        title is awarded.
            ``(3) The term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, except that American Samoa, Guam, and 
        the Northern Mariana Islands shall be considered as 1 State and 
        that, for purposes of section 104(a), 33 percent of the amounts 
        allocated shall be allocated to American Samoa, 50 percent to 
        Guam, and 17 percent to the Northern Mariana Islands.
            ``(4) The term `juvenile' means an individual who is 17 
        years of age or younger.
            ``(5) The term `part 1 violent crimes' means murder and 
        nonnegligent manslaughter, forcible rape, robbery, and 
        aggravated assault as reported to the Federal Bureau of 
        Investigation for purposes of the Uniform Crime Reports.
            ``(6) The term `Director' means the Director of the Bureau 
        of Justice Assistance.''.
    (b) Conforming Amendments.--
            (1) Ounce of prevention council.--
                    (A) In general.--Subtitle A of title III of the 
                Violent Crime Control and Law Enforcement Act of 1994 
                is repealed.
                    (B) Funding.--Notwithstanding subparagraph (A), any 
                funds that remain available to an applicant under 
                subtitle A of title III of the Violent Crime Control 
                and Law Enforcement Act of 1994 on the date of 
                enactment of this Act shall be used in accordance with 
                such subtitle as in effect on the day preceding the 
                date of enactment of this Act.
            (2) Local crime prevention block grant program.--Subtitle B 
        of title III of the Violent Crime Control and Law Enforcement 
        Act of 1994 is repealed.
            (3) Model intensive block grant programs.--Subtitle C of 
        title III of the Violent Crime Control and Law Enforcement Act 
        of 1994 is repealed.
            (4) Family and community endeavor schools grant program.--
                    (A) In general.--Subtitle D of title III of the 
                Violent Crime Control and Law Enforcement Act of 1994 
                is repealed.
                    (B) Funding.--Notwithstanding subparagraph (A), any 
                funds that remain available to an applicant under 
                subtitle D of title III of the Violent Crime Control 
                and Law Enforcement Act of 1994 on the date of 
                enactment of this Act shall be used in accordance with 
                such subtitle as in effect on the day preceding the 
                date of enactment of this Act.
            (5) Assistance for delinquent and at-risk youth.--Subtitle 
        G of title III of the Violent Crime Control and Law Enforcement 
        Act of 1994 is repealed.
            (6) Police retirement.--Subtitle H of title III of the 
        Violent Crime Control and Law Enforcement Act of 1994 is 
        repealed.
            (7) Local partnership act.--
                    (A) Subtitle j.--Subtitle J of title III of the 
                Violent Crime Control and Law Enforcement Act of 1994 
                is repealed.
                    (B) Federal payments.--Chapter 67 of title 31, 
                United States Code is repealed.
                    (C) Table of chapters.--The table of chapters at 
                the beginning of subtitle V of title 31, United States 
                Code, is amended by striking the matter relating to 
                chapter 67.
                    (D) Funding.--Notwithstanding subparagraph (B), any 
                funds that remain available to an applicant under 
                chapter 67 of title 31, United States Code, on the date 
                of enactment of this Act shall be used in accordance 
                with such chapter as in effect on the day preceding the 
                date of enactment of this Act.
            (8) National community economic partnership.--Subtitle K of 
        title III of the Violent Crime Control and Law Enforcement Act 
        of 1994 is repealed.
            (9) Urban recreation and at-risk youth.--
                    (A) Recreation.--Subtitle O of title III of the 
                Violent Crime Control and Law Enforcement Act of 1994 
                is repealed.
                    (B) Urban park and recreation recovery.--The Urban 
                Park and Recreation Recovery Act of 1978 (16 U.S.C. 
                2501 et seq.) is amended--
                            (i) in section 1004--
                                    (I) by striking subsection (d); and
                                    (II) by redesignating subsections 
                                (e) through (k) as subsection (d) 
                                through (j), respectively;
                            (ii) in section 1005(c)--
                                    (I) by inserting ``and'' at the end 
                                of paragraph (6);
                                    (II) in paragraph (7), by striking 
                                ``; and'' and inserting a period; and
                                    (III) by striking paragraph (8);
                            (iii) in section 1007(b), by striking the 
                        last 2 sentences; and
                            (iv) in section 1013--
                                    (I) by striking ``(a) In General.--
                                ''; and
                                    (II) by striking subsection (b).
    (c) Community-Based Justice Grants for Prosecutors.--Subtitle Q of 
title III of the Violent Crime Control and Law Enforcement Act of 1994 
is repealed.
    (d) Family Unity Demonstration Project.--Subtitle S of title III of 
the Violent Crime Control and Law Enforcement Act of 1994 is repealed.
    (e) Gang Resistance and Education Training.--(1) Subtitle X of 
title III of the Violent Crime Control and Law Enforcement Act of 1994 
is repealed.
    (2) Notwithstanding paragraph (1), any funds that remain available 
to an applicant under subtitle X of title III of the Violent Crime 
Control and Law Enforcement Act of 1994 on the date of enactment of 
this Act shall be used in accordance with such subtitle as in effect on 
the day preceding the date of enactment of this Act.
    (f) Clerical Amendments.--
            (1) The matter relating to title I in the table of contents 
        of the Violent Crime Control and Law Enforcement Act of 1994 is 
        amended to read as follows:
                ``TITLE I--LAW ENFORCEMENT BLOCK GRANTS

``Sec. 101. Payments to local governments.
``Sec. 102. Authorization of appropriations.
``Sec. 103. Qualification for payment.
``Sec. 104. Allocation and distribution of funds.
``Sec. 105. Utilization of private sector.
``Sec. 106. Public participation.
``Sec. 107. Administrative provisions.
``Sec. 108. Definitions.''.
            (2) The table of contents of the Violent Crime Control and 
        Law Enforcement Act of 1994 is amended by striking the matter 
        relating to subtitles A, B, C, D, G, H, J, K, O, Q, S, and X of 
        title III.
                          TITLE IV--TECHNOLOGY

SEC. 401. FUNDING FOR DNA IDENTIFICATION.

    Section 1001(a)(22) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3793(a)(22)) is amended to read as follows:
    ``(22) There are authorized to be appropriated to carry out part 
X--
            ``(A) $8,000,000 for fiscal year 1996;
            ``(B) $12,000,000 for fiscal year 1997;
            ``(C) $10,000,000 for fiscal year 1998;
            ``(D) $6,000,000 for fiscal year 1999; and
            ``(E) $4,000,000 for fiscal year 2000.''.

SEC. 402. STATE COMPATIBILITY WITH FEDERAL BUREAU OF INVESTIGATION 
              SYSTEMS.

    (a) Grant Authorization.--
            (1) In general.--The Attorney General shall make funds 
        available to the chief executive officer of each State to carry 
        out the activities described in paragraph (2).
            (2) Uses.--The executive officer of each State shall use 
        the funds made available under this section in conjunction with 
        units of local government, other States, or combinations 
        thereof, to carry out all or part of a program to establish, 
        develop, update, or upgrade--
                    (A) computerized identification systems that are 
                compatible and integrated with the databases of the 
                National Crime Information Center of the Federal Bureau 
                of Investigation;
                    (B) ballistics identification programs that are 
                compatible and integrated with the Drugfire Program of 
                the Federal Bureau of Investigation;
                    (C) the capability to analyze deoxyribonucleic acid 
                (DNA) in a forensic laboratory in ways that are 
                compatible and integrated with the combined DNA 
                Identification System (CODIS) of the Federal Bureau of 
                Investigation; and
                    (D) automated fingerprint identification systems 
                that are compatible and integrated with the Integrated 
                Automated Fingerprint Identification System (IAFIS) of 
                the Federal Bureau of Investigation.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a State shall require that each person convicted of a felony 
of a sexual nature shall provide a sample of blood, saliva, or other 
specimen necessary to conduct a DNA analysis consistent with the 
standards established for DNA testing by the Director of the Federal 
Bureau of Investigation.
    (c) Interstate Compacts.--A State may enter into a compact or 
compacts with another State or States to carry out this section.
    (d) Allocation.--The Attorney General shall allocate the funds made 
available pursuant to subsection (d) to each State based on the 
population of the State as reported in the most recent decennial census 
of the population.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund to carry out 
this section--
            (1) $200,000,000 in fiscal year 1996;
            (2) $200,000,000 in fiscal year 1997;
            (3) $250,000,000 in fiscal year 1998;
            (4) $250,000,000 in fiscal year 1999; and
            (5) $100,000,000 in fiscal year 2000.

SEC. 403. FUNDING FOR DRUGFIRE.

    There are authorized to be appropriated $2,050,000 for fiscal year 
1995 to carry out the Drugfire Program of the Federal Bureau of 
Investigation established under section 210501(a)(2)(D) of the Violent 
Crime Control and Law Enforcement Act of 1994.
SEC. 404. FUNDING FOR THE FBI DNA SYSTEM COVERING FEDERAL CRIMES AND 
              CRIME COMMITTED IN THE DISTRICT OF COLUMBIA.

    (a) Expansion of System.--The Director of the Federal Bureau of 
Investigation shall expand the Combined DNA Identification System 
(CODIS) to include Federal crimes and crimes committed in the District 
of Columbia.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund to carry out 
this section--
            (1) $8,500,000 for fiscal year 1996;
            (2) $1,600,000 for fiscal year 1997;
            (3) $1,600,000 for fiscal year 1998;
            (4) $1,600,000 for fiscal year 1999; and
            (5) $1,600,000 for fiscal year 2000.

                          TITLE V--TRIGGERLOCK

SEC. 501. CONGRESSIONAL OVERSIGHT.

    (a) Report to Attorney General.--Not later than 90 days after the 
date of the enactment of this Act, the Attorney General shall require 
each United States Attorney to--
            (1) establish an armed violent criminal apprehension task 
        force comprised of appropriate law enforcement representatives 
        which shall be responsible for developing strategies for 
        removing armed violent criminals from the streets; and
            (2) not less frequently than monthly, report to the 
        Attorney General on the number of defendants charged with, or 
        convicted of, violating section 922(g) or 924 of title 18, 
        United States Code, in the district for which the United States 
        Attorney is appointed.
    (b) Report to Congress.--The Attorney General shall prepare and 
submit a report to Congress every 6 months detailing the contents of 
the reports submitted pursuant to subsection (a).

SEC. 502. PRETRIAL DETENTION FOR POSSESSION OF FIREARMS OR EXPLOSIVES 
              BY CONVICTED FELONS.

    Section 3156(a)(4) of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by adding after subparagraph (C) the following new 
        subparagraph:
                    ``(D) an offense that is a violation of section 
                842(i) or 922(g) (relating to possession of explosives 
                or firearms by convicted felons).''.

SEC. 503. CONFORMING SCIENTER CHANGE FOR TRANSFERRING A FIREARM TO 
              COMMIT A CRIME OF VIOLENCE.

    Section 924(h) of title 18, United States Code, is amended by 
inserting ``or having reasonable cause to believe'' after ``knowing''.

SEC. 504. FIREARMS POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG 
              OFFENDERS.

    Section 924(a)(2) of title 18, United States Code, is amended--
            (1) by striking ``(2) Whoever'' and inserting ``(2)(A) 
        Subject to subparagraphs (B) and (C), whoever'';
    (2) by adding at the end the following:
    ``(B) If the violation is of section 922(g)(1) by a person who has 
a previous conviction for a violent felony (as defined in subsection 
(e)(2)(B)) or a serious drug offense (as defined in subsection 
(a)(2)(A)), a sentence imposed under this paragraph shall include a 
term of imprisonment of not less than 5 years.
    ``(C)(i) Notwithstanding subparagraph (B), if the violation is of 
section 922(g)(1) by a person who has more
 than 1 previous conviction for a violent felony or a serious drug 
offense, committed under different circumstances, such person shall be 
fined under this title, imprisoned not less than 10 years and not more 
than 20 years, or both.
    ``(ii) Notwithstanding any other provision of law, the court shall 
not grant a probationary sentence to a person described in clause (i) 
with respect to the conviction under section 922(g).''.

                 TITLE VI--EQUAL PROTECTION FOR VICTIMS

SEC. 601. RIGHT OF VICTIMS TO RESTITUTION.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``may order, in addition to 
                        or, in the case of a misdemeanor, in lieu of 
                        any other penalty authorized by law,'' and 
                        inserting ``shall order''; and
                            (ii) by adding at the end the following: 
                        ``This paragraph does not affect the power of 
                        the court to impose any other penalty 
                        authorized by law. In the case of a 
                        misdemeanor, the court may impose restitution 
                        in lieu of any other penalty authorized by 
                        law.'';
                    (B) by adding at the end the following new 
                paragraph:
    ``(4) In addition to ordering restitution to the victim of the 
offense for which a defendant is convicted, a court may order 
restitution to any person who, as shown by a preponderance of evidence, 
was harmed physically, emotionally, or pecuniarily, by unlawful conduct 
of the defendant during--
            ``(A) the criminal episode during which the offense 
        occurred;
            ``(B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(B) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (c) by striking ``If the court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (5) by striking subsections (d), (e), (f), (g), and (h);
            (6) by redesignating subsection (i) as subsection (m); and
            (7) by inserting after subsection (c) the following:
    ``(d)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner in 
which and the schedule according to which the restitution is to be 
paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        offender;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restitution order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender. A 
restitution order shall direct the offender to give appropriate notice
 to victims and other persons in cases where there are multiple victims 
or other persons who may receive restitution, and where the identity of 
such victims and other persons can be reasonably determined.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(f) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution to each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(g)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution to victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(h) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful; and
                    ``(B) notify the court and the interested parties 
                when an offender is 30 days in arrears in meeting those 
                obligations; and
            ``(3) the offender shall advise the entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(j) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, hold the defendant in contempt of court, 
enter a restraining order or injunction, order the sale of property of 
the defendant, accept a performance bond, or take any other action 
necessary to obtain compliance with the restitution order. In 
determining what action to take, the court shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness in failing to comply with the restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(k) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter B of chapter 229 of this 
                title; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(l) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d), respectively;
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end the following new subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.''.

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

    Rule 24(b) of the Federal Rules of Criminal Procedure is amended by 
striking ``the government is entitled to 6 peremptory challenges and 
the defendant or defendants jointly to 10 peremptory challenges'' and 
inserting ``each side is entitled to 6 peremptory challenges''.

SEC. 603. REBUTTAL OF ATTACKS ON THE VICTIM'S CHARACTER.

    Rule 404(a)(1) of the Federal Rules of Evidence is amended by 
inserting before the semicolon the following: ``, or, if an accused 
offers evidence of a pertinent trait of character of the victim of the 
crime, evidence of a pertinent trait of character of the accused 
offered by the prosecution.''.
SEC. 604. RULES OF PROCEDURE AND EVIDENCE; METHOD OF PRESCRIBING.

    Section 2073 of title 28, United States Code, is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following: ``On each such committee that makes recommendations 
        concerning rules that affect criminal cases, including the 
        Federal Rules of Criminal Procedure, the Federal Rules of 
        Evidence, the Federal Rules of Appellate Procedure, the Rules 
        Governing Section 2254 Cases, and the Rules Governing Section 
        2255 Cases, the number of members who represent or supervise 
        the representation of defendants in the trial, direct review, 
        or collateral review of criminal cases shall not exceed the 
        number of members who represent or supervise the representation 
        of the Government or a State in the trial, direct review, or 
        collateral review of criminal cases.''; and
            (2) in subsection (b), by adding at the end the following: 
        ``The number of members of the standing committee who represent 
        or supervise the representation of defendants in the trial, 
        direct review, or collateral review of criminal cases shall not 
        exceed the number of members who represent or supervise the 
        representation of the Government or a State in the trial, 
        direct review, or collateral review of criminal cases.''.

SEC. 605. HIV TESTING OF DEFENDANTS IN SEXUAL ASSAULT CASES.

    (a) In General.--Chapter 109A of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2249. Testing for human immunodeficiency virus; disclosure of 
              test results to victim; effect on penalty
    ``(a) Testing at Time of Pretrial Release Determination.--In a case 
in which a person is charged with an offense under this chapter, a 
judicial officer issuing an order pursuant to section 3142(a) shall 
include in the order a requirement that a test for the human 
immunodeficiency virus be performed upon the person, and that followup 
tests for the virus be performed 6 months and 12 months following the 
date of the initial test, unless the judicial officer determines that 
the conduct of the person created no risk of transmission of the virus 
to the victim, and so states in the order. The order shall direct that 
the initial test be performed within 24 hours, or as soon thereafter as 
feasible after the order is issued. The person shall not be released 
from custody until the test is performed.
    ``(b) Testing at Later Time.--If a person charged with an offense 
under this chapter was not tested for the human immunodeficiency virus 
pursuant to subsection (a), the court may at a later time direct that 
such a test be performed upon the person, and that followup tests be 
performed 6 months and 12 months following the date of the initial 
test, if it appears to the court that the conduct of the person may 
have risked transmission of the virus to the victim. A testing 
requirement under this subsection may be imposed at any time while the 
charge is pending, or following conviction at any time prior to the 
person's completion of service of the sentence.
    ``(c) Termination of Testing Requirement.--A requirement of 
followup testing imposed under this section shall be canceled if any 
test is positive for the virus or the person obtains an acquittal on, 
or dismissal of, all charges under this chapter.
    ``(d) Disclosure of Test Results.--The results of any test for the 
human immunodeficiency virus performed pursuant to an order under this 
section shall be provided to the judicial officer or court. The 
judicial officer or court shall ensure that the results are disclosed 
to the victim (or to the victim's parent or legal guardian, as 
appropriate), the attorney for the government, and the person tested.
    ``(e) Effect on Penalty.--The United States Sentencing Commission 
shall amend existing guidelines for sentences for offenses under this 
chapter to enhance the sentence if the offender knew or had reason to 
know that the offender was infected with the human immunodeficiency 
virus, except where the offender did not engage or attempt to engage in 
conduct creating a risk of transmission of the virus to the victim.''.
    (b) Clerical Amendment.--The table of sections for chapter 109A of 
title 18, United States Code, is amended by inserting at the end the 
following new item:

``2249. Testing for human immunodeficiency virus; disclosure of test 
                            results to victim; effect on penalty.''.
    (c) Repeal of Superseded Provisions.--Subsection (b) of section 
40503 of the Violent Crime Control and Law Enforcement Act of 1994 is 
repealed.

SEC. 606. CLARIFYING AMENDMENT TO EXTRATERRI- TORIAL CHILD PORNOGRAPHY 
              OFFENSE.

    Subsections (a) and (b) of section 2258 of title 18, United States 
Code, are each amended by inserting ``by any means, including by 
computer or mails,'' after ``imported''.
                          TITLE VII--MILITARY

SEC. 701. PROHIBITION ON ACCRUAL OF PAY AND ALLOWANCES BY MEMBERS OF 
              THE ARMED FORCES WHO ARE CONFINED PENDING DISHONORABLE 
              DISCHARGE.

    (a) Revision of Prohibition.--
            (1) In general.--Section 804 of title 37, United States 
        Code, is amended to read as follows:
``Sec. 804. Prohibition of accrual of pay and allowances during 
              confinement pending dishonorable discharge
    ``(a) Pay and Allowances Not To Accrue.--A member of the Armed 
Forces sentenced by a court-martial to a dishonorable discharge is not 
entitled to pay and allowances for any period during which the member 
is in confinement after the adjournment of the court-martial that 
adjudged the sentence.
    ``(b) Restoration of Entitlement.--If a sentence of a member of the 
Armed Forces to dishonorable discharge is disapproved, mitigated, 
changed, or set aside by an official authorized to do so, the 
prohibition in subsection (a) shall cease to apply to the member on the 
basis of that sentence. In such cases, the member shall be entitled to 
receive the pay and allowances retroactive to the date of the 
sentence.''.
            (2) Clerical amendment.--The item relating to section 804 
        in the table of sections at the beginning of chapter 15 of such 
        title is amended to read as follows:

``804. Prohibition of accrual of pay and allowances during confinement 
                            pending dishonorable discharge.''.
    (b) Prospective Applicability.--The amendment made by subsection 
(a)(1) shall not apply to pay periods beginning before the date of the 
enactment of this Act.

SEC. 702. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY 
              PERSONS ACCOM- PANYING THE ARMED FORCES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 211 the following new chapter:

  ``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES

``Sec.
``3261. Criminal offenses committed by persons formerly serving with, 
                            or presently employed by or accompanying, 
                            the armed forces outside the United States.
``3262. Delivery to authorities of foreign countries.
``3263. Regulations.
``3264. Definitions for chapter.
``Sec. 3261. Criminal offenses committed by persons formerly serving 
              with, or presently employed by or accompanying, the Armed 
              Forces outside the United States
    ``(a) Whoever, while serving with, employed by, or accompanying the 
Armed Forces outside the United States, engages in conduct that would 
constitute an offense punishable by imprisonment for more than 1 year 
if the conduct had been engaged in within the special maritime and 
territorial jurisdiction of the United States, shall be guilty of a 
like offense and subject to a like punishment.
    ``(b) Nothing contained in this chapter deprives courts-martial, 
military commissions, provost courts, or other military tribunals of 
concurrent jurisdiction with respect to offenders or offenses that by 
statute or by the law of war may be tried by courts-martial, military 
commissions, provost courts, or other military tribunals.
    ``(c) No prosecution may be commenced under this section if a 
foreign government, in accordance with jurisdiction recognized by the 
United States, has prosecuted or is prosecuting such person for the 
conduct constituting such offense, except upon the approval of the 
Attorney General of the United States or the Deputy Attorney General of 
the United States (or a person acting in either such capacity), which 
function of approval shall not be delegated.
    ``(d)(1) The Secretary of Defense may designate and authorize any 
person serving in a law enforcement position in the Department of 
Defense to arrest outside the United States any person described in 
subsection (a) who there is probable cause to believe engaged in 
conduct which constitutes a criminal offense under such subsection.
    ``(2) A person arrested under paragraph (1) shall be released to 
the custody of civilian law enforcement authorities of the United 
States for removal to the United States for judicial proceedings in 
relation to conduct referred to in such paragraph unless--
            ``(A) such person is delivered to authorities of a foreign 
        country under section 3262; or
            ``(B) such person has had charges brought against him or 
        her under chapter 47 of title 10 for such conduct.
``Sec. 3262. Delivery to authorities of foreign countries
    ``(a) Any person designated and authorized under section 3261(d) 
may deliver a person described in section 3261(a) to the appropriate 
authorities of a foreign country in which the person is alleged to have 
engaged in conduct described in subsection (a) if--
            ``(1) the appropriate authorities of that country request 
        the delivery of the person to such country
         for trial for such conduct as an offense under the laws of 
that country; and
            ``(2) the delivery of such person to that country is 
        authorized by a treaty or other international agreement to 
        which the United States is a party.
    ``(b) The Secretary of Defense shall determine which officials of a 
foreign country constitute appropriate authorities for the purpose of 
this section.
``Sec. 3263. Regulations
    ``The Secretary of Defense shall issue regulations governing the 
apprehension, detention, and removal of persons under this chapter. 
Such regulations shall be uniform throughout the Department of Defense.
``Sec. 3264. Definitions for chapter
    ``As used in this chapter--
            ``(1) a person is `employed by the Armed Forces outside the 
        United States'--
                    ``(A) if the person is employed as a civilian 
                employee of a military department or of the Department 
                of Defense, as a Department of Defense contractor, or 
                as an employee of a Department of Defense contractor;
                    ``(B) is present or residing outside the United 
                States in connection with such employment; and
                    ``(C) is not a national of the host nation;
            ``(2) a person is `accompanying the Armed Forces outside 
        the United States' if the person--
                    ``(A) is a dependent of a member of the Armed 
                Forces;
                    ``(B) is a dependent of a civilian employee of a 
                military department or of the Department of Defense; 
                and
                    ``(C) is residing with the member or civilian 
                employee outside the United States.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part II of title 18, United States Code, is amended by inserting after 
the item relating to chapter 211 the following:

``212. Criminal Offenses Committed Outside the United States    3261''.
                     TITLE VIII--EXCLUSIONARY RULE

SEC. 801. ADMISSIBILITY OF CERTAIN EVIDENCE.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 3510. Admissibility of evidence obtained by search or seizure
    ``(a) Evidence Obtained by Objectively Reasonable Search or 
Seizure.--Evidence that is obtained as a result of a search or seizure 
shall not be excluded in a proceeding in a court of the United States 
on the ground that the search or seizure was in violation of the fourth 
amendment to the Constitution of the United States if the search or 
seizure was carried out in circumstances justifying an objectively 
reasonable belief that it was in conformity with the fourth amendment. 
The fact that evidence was obtained pursuant to, and within the scope 
of, a warrant constitutes prima facie evidence of the existence of such 
circumstances.
    ``(b) Evidence Not Excludable by Statute or Rule.--
            ``(1) Generally.--Evidence shall not be excluded in a 
        proceeding in a court of the United States on the ground that 
        it was obtained in violation of a statute, an administrative 
        rule or regulation, or a rule of procedure unless exclusion is 
        expressly authorized by statute or by a rule prescribed by the 
        Supreme Court pursuant to statutory authority.
            ``(2) Special rule relating to objectively reasonable 
        searches and seizures.--Evidence that is otherwise excludable 
        under paragraph (1) shall not be excluded if the search or 
        seizure was carried out in circumstances justifying an 
        objectively
         reasonable belief that the search or seizure was in conformity 
with the statute, administrative rule or regulation, or rule of 
procedure.
    ``(c) Rule of Construction.--This section shall not be construed to 
require or authorize the exclusion of evidence in any proceeding.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 223 of title 18, United States Code, is amended by adding at 
the end the following:

``3510. Admissibility of evidence obtained by search or seizure.''.
                     TITLE IX--HABEAS CORPUS REFORM

SEC. 901. FILING DEADLINES.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d)(1) A 1-year period of limitation shall apply to an 
application for a writ of habeas corpus by a person in custody pursuant 
to the judgment of a State court. The limitation period shall run from 
the latest of--
            ``(A) the date on which the judgment became final by the 
        conclusion of direct review or the expiration of the time for 
        seeking such review;
            ``(B) the date on which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, if the 
        applicant was prevented from filing by such State action;
            ``(C) the date on which the constitutional right asserted 
        was initially recognized by the Supreme Court, if the right has 
        been newly recognized by the Supreme Court and is made 
        retroactively applicable; or
            ``(D) the date on which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of due diligence.
    ``(2) The time during which a properly filed application for State 
post-conviction or other collateral review with respect to the 
pertinent judgment or claim shall not be counted toward any period of 
limitation under this subsection.''.

SEC. 902. APPEAL.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``(a) In a habeas corpus proceeding or a proceeding under section 
2255 before a district judge, the final order shall be subject to 
review, on appeal, by the court of appeals for the circuit in which the 
proceeding is held.
    ``(b) There shall be no right of appeal from a final order in a 
proceeding to test the validity of a warrant to remove to another 
district or place for commitment or trial a person charged with a 
criminal offense against the United States, or to test the validity of 
such person's detention pending removal proceedings.
    ``(c)(1) Unless a circuit justice or judge issues a certificate of 
appealability, an appeal may not be taken to the court of appeals 
from--
            ``(A) the final order in a habeas corpus proceeding in 
        which the detention complained of arises out of process issued 
        by a State court; or
            ``(B) the final order in a proceeding under section 2255.
    ``(2) A certificate of appealability may issue under paragraph (1) 
only if the applicant has made a substantial showing of the denial of a 
constitutional right.
    ``(3) The certificate of appealability under paragraph (1) shall 
indicate which specific issue or issues satisfy the showing required by 
paragraph (2).''.

SEC. 903. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

    Rule 22 of the Federal Rules of Appellate Procedure is amended to 
read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
    ``(a) Application for the Original Writ.--An application for a writ 
of habeas corpus shall be made to the appropriate district court. If 
application is made to a circuit judge, the application shall be 
transferred to the appropriate district court. If an application is 
made to or transferred to the district court and denied, renewal of the 
application before a circuit judge shall not be permitted. The 
applicant may, pursuant to section 2253 of title 28, United States 
Code, appeal to the appropriate court of appeals from the order of the 
district court denying the writ.
    ``(b) Certificate of Appealability.--In a habeas corpus proceeding 
in which the detention complained of arises out of process issued by a 
State court, an appeal by the applicant for the writ may not proceed 
unless a district or a circuit judge issues a certificate of 
appealability pursuant to section 2253(c) of title 28, United States 
Code. If an appeal is taken by the applicant, the district judge who 
rendered the judgment shall either issue a certificate of appealability 
or state the reasons why such a certificate should not issue. The 
certificate or the statement shall be forwarded to the court of appeals 
with the notice of appeal and the file of the proceedings in the 
district court. If the district judge has denied the certificate, the 
applicant for the writ may then request issuance of the certificate by 
a circuit judge. If such a request is addressed to the court of 
appeals, it shall be deemed addressed to the judges thereof and shall 
be considered by a circuit judge or judges as the court deems 
appropriate. If no express request for a certificate is filed, the 
notice of appeal shall be deemed to constitute a request addressed to 
the judges of the court of appeals. If an appeal is taken by a State or 
its representative, a certificate of appealability is not required.''.

SEC. 904. SECTION 2254 AMENDMENTS.

    Section 2254 of title 28, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b)(1) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that--
            ``(A) the applicant has exhausted the remedies available in 
        the courts of the State; or
            ``(B)(i) there is an absence of available State corrective 
        process; or
            ``(ii) circumstances exist that render such process 
        ineffective to protect the rights of the applicant.
    ``(2) An application for a writ of habeas corpus may be denied on 
the merits, notwithstanding the failure of the applicant to exhaust the 
remedies available in the courts of the State.
    ``(3) A State shall not be deemed to have waived the exhaustion 
requirement or be estopped from reliance upon the requirement unless 
the State, through counsel, expressly waives the requirement.'';
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted with respect to any claim that was adjudicated on the merits 
in State court proceedings unless the adjudication of the claim--
            ``(1) resulted in a decision that was contrary to, or 
        involved an unreasonable application of, clearly established 
        Federal law, as determined by the Supreme Court of the United 
        States; or
            ``(2) resulted in a decision that was based on an 
        unreasonable determination of the facts in light of the 
        evidence presented in the State court proceeding.'';
            (4) by amending subsection (e), as redesignated by 
        paragraph (2), to read as follows:
    ``(e)(1) In a proceeding instituted by an application for a writ of 
habeas corpus by a person in custody pursuant to the judgment of a 
State court, a determination of a factual issue made by a State court 
shall be presumed to be correct. The applicant shall have the burden of 
rebutting the presumption of correctness by clear and convincing 
evidence.
    ``(2) If the applicant has failed to develop the factual basis of a 
claim in State court proceedings, the court shall not hold an 
evidentiary hearing on the claim unless the applicant shows that--
            ``(A) the claim relies on--
                    ``(i) a new rule of constitutional law, made 
                retroactive by the Supreme Court, that was previously 
                unavailable; or
                    ``(ii) a factual predicate that could not have been 
                previously discovered through the exercise of due 
                diligence; and
            ``(B) the facts underlying the claim would be sufficient to 
        establish by clear and convincing evidence that but for 
        constitutional error, no reasonable factfinder would have found 
        the applicant guilty of the underlying offense.''; and
            (5) by adding at the end the following new subsections:
    ``(h) Notwithstanding any other provision of law, in all 
proceedings brought under this section, and any subsequent proceedings 
on review, appointment of counsel for an applicant who is or becomes 
financially unable to afford counsel shall be in the discretion of the 
court, except as provided by a rule promulgated by the Supreme Court 
pursuant to statutory authority. Appointment of counsel under this 
section shall be governed by section 3006A of title 18.
    ``(i) The ineffectiveness or incompetence of counsel during Federal 
or State collateral post-conviction proceedings shall not be a ground 
for relief in a proceeding arising under section 2254.''.

SEC. 905. SECTION 2255 AMENDMENTS.

    Section 2255 of title 28, United States Code, is amended--
            (1) by striking the second and fifth paragraphs; and
            (2) by adding at the end the following new paragraphs:
    ``A one-year period of limitation shall apply to a motion under 
this section. The limitation period shall run from the latest of--
            ``(1) the date on which the judgment of conviction becomes 
        final;
            ``(2) the date on which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, if the movant was 
        prevented from making a motion by such governmental action;
            ``(3) the date on which the right asserted was initially 
        recognized by the Supreme Court, if that right has been newly 
        recognized by the Supreme Court and is made retroactively 
        applicable; or
            ``(4) the date on which the facts supporting the claim or 
        claims presented could have been discovered through the 
        exercise of due diligence.
    ``In all proceedings brought under this section, and any subsequent 
proceedings on review, appointment of counsel for a movant who is or 
becomes financially unable to afford counsel shall be in the discretion 
of the court, except as provided by a rule promulgated by the Supreme 
Court pursuant to statutory authority. Appointment of counsel under 
this section shall be governed by section 3006A of title 18.
    ``A second or successive motion must be certified as provided in 
section 2244 by a panel of the appropriate court of appeals to 
contain--
            ``(1) newly discovered evidence that, if proven and viewed 
        in light of the evidence as a whole, would
         be sufficient to establish by clear and convincing evidence 
that no reasonable factfinder would have found the movant guilty of the 
offense; or
            ``(2) a new rule of constitutional law, made retroactive by 
        the Supreme Court, that was previously unavailable.''.

SEC. 906. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

    (a) Conforming Amendment to Section 2244(a).--Section 2244(a) of 
title 28, United States Code, is amended by striking ``and the 
petition'' and all that follows through ``by such inquiry.'' and 
inserting ``, except as provided in section 2255.''.
    (b) Limits on Second or Successive Applications.--Section 2244(b) 
of title 28, United States Code, is amended to read as follows:
    ``(b)(1) A claim presented in a second or successive habeas corpus 
application under section 2254 that was presented in a prior 
application shall be dismissed.
    ``(2) A claim presented in a second or successive habeas corpus 
application under section 2254 that was not presented in a prior 
application shall be dismissed unless--
            ``(A) the applicant shows that the claim relies on a new 
        rule of constitutional law, made retroactive by the Supreme 
        Court, that was previously unavailable; or
            ``(B)(i) the factual predicate for the claim could not have 
        been discovered previously through the exercise of due 
        diligence; and
            ``(ii) the facts underlying the claim, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to 
        establish by clear and convincing evidence that, but for 
        constitutional error, no reasonable factfinder would have found 
        the applicant guilty of the underlying offense.
    ``(3)(A) Before a second or successive application permitted by 
this section is filed in the district court, the applicant shall move 
in the appropriate court of appeals for an order authorizing the 
district court to consider the application.
    ``(B) A motion in the court of appeals for an order authorizing the 
district court to consider a second or successive application shall be 
determined by a three-judge panel of the court of appeals.
    ``(C) The court of appeals may authorize the filing of a second or 
successive application only if it determines that the application makes 
a prima facie showing that the application satisfies the requirements 
of this subsection.
    ``(D) The court of appeals shall grant or deny the authorization to 
file a second or successive application not later than 30 days after 
the filing of the motion.
    ``(E) The grant or denial of an authorization by a court of appeals 
to file a second or success application shall not be appealable and 
shall not be the subject of a petition for rehearing or for a writ of 
certiorari.
    ``(4) A district court shall dismiss any claim presented in a 
second or successive application that the court of appeals has 
authorized to be filed unless the applicant shows that the claim 
satisfies the requirements of this section.''.

SEC. 907. DEATH PENALTY LITIGATION PROCEDURES.

    (a) Addition of Chapter to Title 28, United States Code.--Title 28, 
United States Code, is amended by inserting after chapter 153 the 
following new chapter:

    ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2261. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2262. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling 
                            rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) This chapter shall apply to cases arising under section 2254 
brought by prisoners in State custody who are subject to a capital 
sentence. It shall apply only if the provisions of subsections (b) and 
(c) are satisfied.
    ``(b) This chapter is applicable if a State establishes by statute, 
rule of its court of last resort, or by another agency authorized by 
State law, a mechanism for the appointment, compensation, and payment 
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital 
convictions and sentences have been upheld on direct appeal to the 
court of last resort in the State or have otherwise become final for 
State law purposes. The rule of court or statute must provide standards 
of competency for the appointment of such counsel.
    ``(c) Any mechanism for the appointment, compensation, and 
reimbursement of counsel as provided in subsection (b) must offer 
counsel to all State prisoners under capital sentence and must provide 
for the entry of an order by a court of record--
            ``(1) appointing one or more counsel to represent the 
        prisoner upon a finding that the prisoner is indigent and 
        accepted the offer or is unable competently to decide whether 
        to accept or reject the offer;
            ``(2) finding, after a hearing if necessary, that the 
        prisoner rejected the offer of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the prisoner is not indigent.
    ``(d) No counsel appointed pursuant to subsections (b) and (c) to 
represent a State prisoner under capital sentence 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.
    ``(e) The ineffectiveness or incompetence of counsel during State 
or Federal post-conviction proceedings in a capital case shall not be a 
ground for relief in a proceeding arising under section 2254. This 
limitation shall not preclude the appointment of different counsel, on 
the court's own motion or at the request of the prisoner, at any phase 
of State or Federal post-conviction proceedings on the basis of the 
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Upon the entry in the appropriate State court of record of an 
order under section 2261(c), a warrant or order setting an execution 
date for a State prisoner shall be stayed upon application to any court 
that would have jurisdiction over any proceedings filed under section 
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        application under section 2254 within the time required in 
        section 2263;
            ``(2) before a court of competent jurisdiction, in the 
        presence of counsel, unless the prisoner has competently and 
        knowingly waived such counsel, and after having been advised of 
        the consequences, a State prisoner under capital sentence 
        waives the right to pursue habeas corpus review under section 
        2254; or
            ``(3) a State prisoner files a habeas corpus petition under 
        section 2254 within the time required by section 2263 and fails 
        to make a substantial showing of the denial of a Federal right 
        or is denied relief in the district court or at any subsequent 
        stage of review.
    ``(c) If one of the conditions in subsection (b) has occurred, no 
Federal court thereafter shall have the authority to enter a stay of 
execution in the case, unless the court of appeals approves the filing 
of a second or successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements; 
              tolling rules
    ``(a) Any application under this chapter for habeas corpus relief 
under section 2254 must be filed in the appropriate district court not 
later than 180 days after final State court affirmance of the 
conviction and sentence on direct review or the expiration of the time 
for seeking such review.
    ``(b) The time requirements established by subsection (a) shall be 
tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) from the date on which the first petition for post-
        conviction review or other collateral relief is filed until the 
        final State court disposition of such petition; and
            ``(3) during an additional period not to exceed 30 days, 
        if--
                    ``(A) a motion for an extension of time is filed in 
                the Federal district court that would have jurisdiction 
                over the case upon the filing of a habeas corpus 
                application under section 2254; and
                    ``(B) a showing of good cause is made for the 
                failure to file the habeas corpus application within 
                the time period established by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
    ``(a) Whenever a State prisoner under capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall only consider a claim or claims that have been 
raised and decided on the merits in the State courts, unless the 
failure to raise the claim properly is--
            ``(1) the result of State action in violation of the 
        Constitution or laws of the United States;
            ``(2) the result of the Supreme Court recognition of a new 
        Federal right that is made retroactively applicable; or
            ``(3) based on a factual predicate that could not have been 
        discovered through the exercise of due diligence in time to 
        present the claim for State or Federal post-conviction review.
    ``(b) Following review subject to subsections (a), (d), and (e) of 
section 2254, the court shall rule on the claims properly before it.
``Sec. 2265. Application to State unitary review procedure
    ``(a) For purposes of this section, a `unitary review' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct review of the judgment, such 
claims as could be raised on collateral attack. This chapter shall 
apply, as provided in this section, in relation to a State unitary 
review procedure if the State establishes by rule of its court of last 
resort or by statute a mechanism for the appointment, compensation, and 
payment of reasonable litigation expenses of competent counsel in the 
unitary review proceedings, including expenses relating to the 
litigation of collateral claims in the proceedings. The rule of court 
or statute must provide standards of competency for the appointment of 
such counsel.
    ``(b) To qualify under this section, a unitary review procedure 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and entry of an order, as provided in 
section 2261(c), concerning appointment of counsel or waiver or denial 
of appointment of counsel for that purpose. No counsel appointed to 
represent the prisoner in the unitary review proceedings shall have 
previously represented the prisoner at trial in the case for which the 
appointment is made unless the prisoner and counsel expressly request 
continued representation.
    ``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation 
to cases involving a sentence of death from any State having a unitary 
review procedure that qualifies under this section. References to State 
`post-conviction review' and `direct review' in such sections shall be 
understood as referring to unitary review under the State procedure. 
The reference in section 2262(a) to `an order under section 2261(c)' 
shall be understood as referring to the post-trial order under 
subsection (b) concerning representation in the unitary review 
proceedings, but if a transcript of the trial proceedings is 
unavailable at the time of the filing of such an order in the 
appropriate State
 court, then the start of the 180-day limitation period under section 
2263 shall be deferred until a transcript is made available to the 
prisoner or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications and 
              motions
    ``(a) The adjudication of any application under section 2254 that 
is subject to this chapter, and the adjudication of any motion under 
section 2255 by a person under sentence of death, shall be given 
priority by the district court and by the court of appeals over all 
noncapital matters.
    ``(b)(1)(A) A district court shall render a final determination and 
enter a final judgment on any application for a writ of habeas corpus 
brought under this chapter in a capital case not later than 180 days 
after the date on which the application is filed.
    ``(B) A district court shall afford the parties at least 120 days 
in which to complete all actions, including the preparation of all 
pleadings and briefs, and if necessary, a hearing, prior to the 
submission of the case for decision.
    ``(C)(i) A district court may delay for not more than one 
additional 30-day period beyond the period specified in subparagraph 
(A), the rendering of a determination of an application for a writ of 
habeas corpus if the court issues a written order making a finding, and 
stating the reasons for the finding, that the ends of justice that 
would be served by allowing the delay outweigh the best interests of 
the public and the applicant in a speedy disposition of the 
application.
    ``(ii) The factors, among others, that a court shall consider in 
determining whether a delay in the disposition of an application is 
warranted are as follows:
            ``(I) Whether the failure to allow the delay would be 
        likely to result in a miscarriage of justice.
            ``(II) Whether the case is so unusual or so complex, due to 
        the number of defendants, the nature of the prosecution, or the 
        existence of novel questions of fact or law, that it is 
        unreasonable to expect adequate briefing within the time 
        limitations established by subparagraph (A).
            ``(III) Whether the failure to allow a delay in a case, 
        that, taken as a whole, is not so unusual or so complex as 
        described in subclause (II), but would otherwise deny the 
        applicant reasonable time to obtain counsel, would unreasonably 
        deny the applicant or the government continuity of counsel, or 
        would deny counsel for the applicant or the government the 
        reasonable time necessary for effective preparation, taking 
        into account the exercise of due diligence.
    ``(iii) No delay in disposition shall be permissible because of 
general congestion of the court's calendar.
    ``(iv) The court shall transmit a copy of any order issued under 
clause (i) to the Director of the Administrative Office of the United 
States Courts for inclusion in the report under paragraph (5).
    ``(2) The time limitations under paragraph (1) shall apply to--
            ``(A) an initial application for a writ of habeas corpus;
            ``(B) any second or successive application for a writ of 
        habeas corpus; and
            ``(C) any redetermination of an application for a writ of 
        habeas corpus following a remand by the court of appeals or the 
        Supreme Court for further proceedings, in which case the 
        limitation period shall run from the date the remand is 
        ordered.
    ``(3)(A) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(B) No amendment to an application for a writ of habeas corpus 
under this chapter shall be permitted after the filing of the answer to 
the application, except on the grounds specified in section 2244(b).
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
petitioning for a writ of mandamus to the court of appeals. The court 
of appeals shall act on the petition for a writ or mandamus not later 
than 30 days after the filing of the petition.
    ``(5)(A) The Administrative Office of United States Courts shall 
submit to Congress an annual report on the compliance by the district 
courts with the time limitations under this section.
    ``(B) The report described in subparagraph (A) shall include copies 
of the orders submitted by the district courts under paragraph 
(1)(B)(iv).
    ``(c)(1)(A) A court of appeals shall hear and render a final 
determination of any appeal of an order granting or denying, in whole 
or in part, an application brought under this chapter in a capital case 
not later than 120 days after the date on which the reply brief is 
filed, or if no reply brief is filed, not later than 120 days after the 
date on which the answering brief is filed.
    ``(B)(i) A court of appeals shall decide whether to grant a 
petition for rehearing or other request for rehearing en banc not later 
than 30 days after the date on which the petition for rehearing is 
filed unless a responsive pleading is required, in which case the court 
shall decide whether to grant the petition not later than 30 days after 
the date on which the responsive pleading is filed.
    ``(ii) If a petition for rehearing or rehearing en banc is granted, 
the court of appeals shall hear and render a final determination of the 
appeal not later than 120 days after the date on which the order 
granting rehearing or rehearing en banc is entered.
    ``(2) The time limitations under paragraph (1) shall apply to--
            ``(A) an initial application for a writ of habeas corpus;
            ``(B) any second or successive application for a writ of 
        habeas corpus; and
            ``(C) any redetermination of an application for a writ of 
        habeas corpus or related appeal following a remand by the court 
        of appeals en banc or the Supreme Court for further 
        proceedings, in which case the limitation period shall run from 
        the date the remand is ordered.
    ``(3) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
applying for a writ of mandamus to the Supreme Court.
    ``(5) The Administrative Office of United States Courts shall 
submit to Congress an annual report on the compliance by the courts of 
appeals with the time limitations under this section.''.
    (b) Technical Amendment.--The part analysis for part IV of title 
28, United States Code, is amended by adding after the item relating to 
chapter 153 the following new item:

``154. Special habeas corpus procedures in capital cases....   2261.''.
SEC. 908. TECHNICAL AMENDMENT.

    Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q)) 
is amended--
            (1) in paragraph (4)(A), by striking ``shall'' and 
        inserting ``may'';
            (2) in paragraph (4)(B), by striking ``shall'' and 
        inserting ``may''; and
            (3) by amending paragraph (9) to read as follows:
    ``(9) Upon a finding that investigative, expert, or other services 
are reasonably necessary for the representation of the defendant, 
whether in connection with issues relating to guilt or the sentence, 
the court may authorize the defendant's attorneys to obtain such 
services on behalf of the defendant and, if so authorized, shall order 
the payment of fees and expenses therefor under paragraph (10). No ex 
parte proceeding, communication, or request may be considered pursuant 
to this section unless a proper showing is made concerning the need for 
confidentiality. Any such proceeding, communication, or request shall 
be transcribed and made a part of the record available for appellate 
review.''.

SEC. 909. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this 
title, the amendments made by this title, and the application of the 
provisions of such to any person or circumstance shall not be affected 
thereby.
                                 <all>
S 816 IS----2
S 816 IS----3
S 816 IS----4
S 816 IS----5
S 816 IS----6
S 816 IS----7
S 816 IS----8