Summary: H.R.4197 — 103rd Congress (1993-1994)All Information (Except Text)

There is one summary for H.R.4197. Bill summaries are authored by CRS.

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Introduced in House (04/13/1994)

TABLE OF CONTENTS:

Title I: Punishing Violent Crime

Subtitle A: Violent Felonies and Drug Offenses

Subtitle B: Capital Offenses

Subtitle C: Enhanced Penalties for Criminal Use of

Firearms and Explosives

Subtitle D: Miscellaneous

Title II: Equal Protection for Victims

Subtitle A: Victims' Rights

Subtitle B: Judicial Reform

Title III: Protecting Families and Communities

Subtitle A: Safe Neighborhoods

Subtitle B: Crimes Against Children

Subtitle C: Punishment of Serious Junvenile Offenders

Title IV: Protection of Women

Subtitle A: Spouse Abuse and Stalking

Subtitle B: Sex Offenses and Punishment

Title V: Prevention of Terrorism

Subtitle A: Enhanced Controls on Entry into the

United States

Subtitle B: Deportation of Alien Terrorists

Subtitle C: Penalties for Engaging in Terrorism

Title VI: Criminal Aliens and Alien Smuggling

Subtitle A: Deportation of Criminal Aliens

Subtitle B: Prevention and Punishment of Alien

Smuggling

Title VII: Expanding Prison Capacity

Title VIII: Elimination of Delays in Carrying Out

Sentences

Subtitle A: Post Conviction Petitions: General

Habeas Corpus Reform

Subtitle B: Special Procedures for Collateral

Proceedings in Capital Cases

Subtitle C: Funding for Litigation of Federal Habeas

Corpus Petitions in Capital Cases

Title IX: Public Corruption

Title X: Funding

Citizens' Crime Prevention and Punishment Act of 1994 - Title I: Punishing Violent Crime - Subtitle A: Violent Felonies and Drug Offenses - Amends the Federal criminal code to require the court to sentence a defendant convicted of a Federal violent felony to life imprisonment if the defendant had previously been convicted of another violent felony. Provides that the defendant shall be subject to the death penalty if death results from the violent felony.

(Sec. 102) Provides that any individual who is convicted of a Federal or State crime of violence shall, at the discretion of the court, be ineligible for any or all Federal benefits for up to five years upon a first conviction, up to ten years upon a second conviction, and permanently upon a third conviction.

(Sec. 103) Amends the Anti-Drug Abuse Act of 1988 to eliminate judicial discretion in the denial of Federal benefits in cases of certain drug offenses.

(Sec. 104) Provides for an enhanced penalty for the discharge of a firearm during and in relation to a crime of violence or a drug trafficking crime.

(Sec. 105) Amends the Controlled Substances Act (CSA) to provide for mandatory minimum prison sentences for those who sell illegal drugs to minors or who use minors in drug trafficking activities.

(Sec. 106) Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the United States Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release for a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests.

(Sec. 107) Amends the Armed Career Criminal Act to include within the definition of "serious drug offense" an offense under State law which, if it had been prosecuted as a CSA violation at the time of the offense and because of the type and quantity of the controlled substance involved, would have been punishable by a maximum term of imprisonment of ten years or more.

(Sec. 108) Sets mandatory penalties for firearms possession by persons previously convicted of a violent felony or a serious drug offense, and a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, or transferor or receiver of a stolen firearm.

(Sec. 110) Increases: (1) the general penalty for violation of Federal firearms laws; and (2) enhanced penalties for possession of a firearm in connection with a crime of violence or a drug trafficking crime.

(Sec. 112) Sets penalties for smuggling firearms in aid of drug trafficking or violent crime.

(Sec. 116) Establishes: (1) a temporary prohibition against possession of a firearm by, or transfer of a firearm to, persons convicted of a drug crime; and (2) enhanced penalties for possession of a firearm during a drug crime.

Subtitle B: Capital Offenses - Amends the Federal criminal code to establish criteria for imposition of the death penalty for Federal crimes.

Requires: (1) the Government, for any offense punishable by death, to serve notice upon the defendant that it intends to seek the death penalty and the aggravating factors upon which it will rely; and (2) the court to conduct a separate sentencing hearing before a jury, or the court along upon motion by the defendant with the approval of the attorney for the Government, when the defendant is found guilty or pleads guilty to an offense punishable by death and the attorney for the Government has met the notice requirements.

Allows the defendant and the Government to present any information relevant to sentencing, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Permits the Government to present information concerning the effect of the offense on the victim and the victim's family.

Specifies mitigating and aggravating factors.

Sets forth special aggravating factors for: (1) treason, espionage, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances).

States that no person who was under age 18 at the time of the offense may be sentenced to death.

Requires the court to instruct the jury not to be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim in considering whether to recommend a sentence of death.

Sets forth procedures regarding imposition of, appeal from, and implementation of, a sentence of death.

Prohibits: (1) a sentence of death from being carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed on that person, or upon a woman while she is pregnant; and (2) requiring any employee of a State department of corrections, the Federal Bureau of Prisons, the U.S. Marshals Service, or any person providing services to that department, bureau, or service under contract to be in attendance or to participate in any execution if such participation is contrary to such person's moral or religious convictions.

Sets forth provisions regarding: (1) appointment of counsel; (2) deadlines for collateral attacks on judgments imposing a sentence of death; and (3) stays of execution.

Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this subtitle.

(Sec. 122) Declares that the death penalty and all other penalties shall be administered by the United States and by every State without regard to the race or color of the defendant or victim, and that neither the United States nor any State shall prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty.

(Sec. 123) Specifies that, in a prosecution for an offense against the United States for which a sentence of death is authorized, the fact that the killing of the victim was motivated by racial prejudice or bias shall be deemed an aggravating factor whose existence permits consideration of the death penalty, in addition to any other aggravating factors that may be specified by law as permitting consideration of the death penalty.

(Sec. 124) Extends the protection of civil rights provisions regarding conspiracy against rights and deprivation of rights under color of law to cover persons in (currently, limited to inhabitants of) any State, territory, or district.

(Sec. 125) Provides for imposition of the death penalty for specified Federal crimes, including: (1) murders committed by prisoners while confined in a Federal prison; (2) murder of Federal, State, and local law enforcement officers; (3) homicides and attempted homicides involving firearms in Federal facilities; (4) civil rights murders; (5) gun murders; (6) murder by escaped prisoners; (7) torture, where death results, subject to specified limitations; (8) carjacking resulting in death; (9) genocide; and (10) specified drug-related offenses, committed as part of a continuing criminal enterprise.

Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives - Chapter 1: Instant Check System for Handgun Purchases - Provides for the establishment of a system for identifying felons and persons adjudicated mentally incompetent. Requires the Attorney General of the United States to create a national, computerized list of prohibited persons, incorporate State criminal history records into the Federal criminal records systems maintained by the Federal Bureau of Investigation (FBI), develop hardware and software systems to link State lists with the national list, and provide any responsible State agency with access to the national list, upon request.

Directs teach State to create and maintain a computerized list of all persons who are prohibited persons by reason of a conviction or adjudication in the State and, within two years, achieve and maintain at least 80 percent currency of case dispositions in the computerized list for all cases in which there has been an entry of activity within the immediately preceding five years.

Requires the State transportation agency, before issuing, reissuing, or reinstating a license, to: (1) conduct a record check to determine whether the applicant is a prohibited person; and (2) affix to the license of the person a magnetic strip on which is encoded information to identify such a person. Provides for the seizure and voiding of a driver's license upon a felony conviction or adjudication of mental incompetency.

Sets forth provisions regarding: (1) the funding of records checks; (2) procedures for correcting erroneous records; and (3) judicial review.

Requires the Director of the Bureau of Justice Assistance (BJA) to reduce by 25 percent the annual allocation to a State for a fiscal year under title I (drug control and system improvement grant program) of the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) for States with a waiting period or a system for identifying felons before the purchase of a handgun not meeting specified requirements.

(Sec. 133) Prohibits a licensed firearms dealer from knowingly selling a handgun to an unlicensed individual without reading the magnetic strip, or failing to notify local law enforcement authorities within 72 hours of any person attempting to purchase a handgun who is identified as a prohibited person through the use of such a device. Sets penalties for violations.

Chapter 2: Other Firearms Provisions - Increases penalties for: (1) interstate gun trafficking; (2) making knowingly false, material statements in connection with the purchase of a firearm from a licensed dealer; and (3) a second offense of using an explosive to commit a felony.

(Sec. 142) Prohibits: (1) transactions involving stolen firearms which have moved in interstate or foreign commerce; (2) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (3) the possession of explosives by felons and others; and (4) the possession of explosives during the commission of a felony.

(Sec. 145) Provides for mandatory revocation of supervised release for possession of a firearm in violation of a condition of release.

(Sec. 156) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances.

Subtitle D: Miscellaneous - Increases penalties for Travel Act crimes involving racketeering and conspiracy to commit contract killings.

(Sec. 162) Makes it a criminal offense to fail to obey an order to land an aircraft issued by an authorized Federal law enforcement officer under specified circumstances.

(Sec. 164) Provides enhanced penalties for drug trafficking in prisons.

Title II: Equal Protection for Victims - Subtitle A: Victims' Rights - Enacts Rules of Professional Conduct for Lawyers in Federal Practice, including provisions regarding: (1) a prohibition on attorneys engaging in actions deemed abusive to clients or others; (2) a duty of enquiry (to elicit from the client a truthful account of the material facts concerning the matters in issue); (3) a duty to expedite litigation; and (4) a duty to disclose information necessary to prevent the commission of a crime.

(Sec. 202) Revises Federal Rule of Criminal Procedure: (1) 24(b) to entitle each side to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) 32 to provide for a victim's right of allocution in sentencing for a crime of violence or sexual abuse.

(Sec. 204) Provides for the enforcement of restitution orders through the suspension of Federal benefits.

(Sec. 205) Sets penalties for retaliatory killings of witnesses, victims, and informants.

Subtitle B: Judicial Reform - Amends the Federal Rules of Evidence (FRE) to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases.

(Sec. 212) Revises FRE 412 (sex offense cases; relevance of victim's past behavior) to: (1) expand the scope of the rape shield law and to require that an order admitting evidence of a victim's past sexual behavior explain the reasoning leading to a finding of relevance and the basis of a finding that the probative value of the evidence outweighs the danger of unfair prejudice; and (2) make inadmissible evidence to show invitation or provocation by a victim in sexual abuse cases.

(Sec. 214) Specifies that evidence obtained as a result of a search or seizure shall not be excluded on the ground that the search or seizure was in violation of the fourth amendment to the Constitution if carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment.

(Sec. 215) Provides that in a criminal trial in any Federal or State court: (1) on motion of the defense attorney or prosecutor, the risk of racial prejudice or bias shall be examined on voir dire if there is a substantial likelihood that such prejudice will affect the jury; (2) on motion of the defense attorney or prosecutor, a change of venue shall be granted if an impartial jury cannot be obtained in the original venue because of such prejudice; and (3) neither the prosecutor nor the defense attorney shall make any appeal to such prejudice in statements before the jury.

(Sec. 216) Amends the Federal criminal code to provide that a list of veniremen and witnesses need not be furnished in capital cases if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person.

(Sec. 217) Increases penalties for attempting to influence or injure court officers or jurors.

(Sec. 218) Provides for imposition of the death penalty for the murder of a Federal witness.

(Sec. 219) Requires (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense.

Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender.

Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property or services rendered to the victim or another person or organization.

Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim.

Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court for accounting and payment in accordance with this section.

Specifies that a restitution order shall constitute a lien against all property of the offender.

Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders.

Authorizes: (1) a victim or offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order 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.

Title III: Protecting Families and Communities - Subtitle A: Safe Neighborhoods - Amends the CSA to increase penalties for drug trafficking in or near schools.

(Sec. 302) Authorizes: (1) a school district to elect to qualify as a Federal safe school district by decision of a local educational agency or by referendum of the voters in a school district served by such an agency; and (2) the Attorney General to make grants to local educational agencies or local law enforcement agencies of Federal safe school districts to pay for enhanced school security measures.

(Sec. 303) Amends the Omnibus Act to authorize the Director of the BJA to make grants to local governments and community groups to increase the police presence in communities. Requires the Director to develop a written model that informs community members regarding how to identify the existence of a drug or gang house and what civil remedies and mediation techniques are available. Authorizes appropriations.

(Sec. 306) Amends: (1) the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or to youth who are involved or at risk of being involved in gangs; and (2) the CSA to increase penalties for drug trafficking in or near public housing.

Subtitle B: Crimes Against Children - Provides for imposition of the death penalty for murder during the sexual exploitation of children.

(Sec. 312) Increases penalties for: (1) sex offenses against victims below age 16; (2) assaults against children; (3) using minors in drug trafficking; (4) drug distribution to minors; and (5) using a minor in the commission of a Federal offense.

(Sec. 313) Sets penalties for international trafficking in child pornography.

(Sec. 315) Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses, consider whether any other changes are warranted, review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses, and (in any subsequent amendment of the guidelines) maintain minimum guidelines sentences for such offenses which are at least equal to those required by this section.

(Sec. 316) Provides for interstate enforcement of child support orders.

(Sec. 319) Makes it a Federal offense to remove a child from, or retain a child outside, the United States to obstruct the lawful exercise of parental rights.

(Sec. 320) Authorizes appropriations to carry out State court programs regarding international parental child abduction.

(Sec. 321) Provides for imposition of the death penalty for the kidnapping of a child resulting in the child's death.

Subtitle C: Punishment of Serious Juvenile Offenders - Makes serious juvenile drug offenses predicates to a violation of the Armed Career Criminal Act.

(Sec. 332) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the FBI, Identification Division. Directs the court to transmit to such division information concerning the adjudication.

(Sec. 333) Provides for the prosecution as adults of violent juvenile offenders. Prohibits the incarceration in an adult prison of a juvenile prosecuted as an adult.

Title IV: Protection of Women - Subtitle A: Spouse Abuse and Stalking - Amends the Federal criminal code to: (1) set penalties for interstate travel to commit spouse abuse or to violate a protective order; and (2) provide for full faith and credit of protective orders among the States.

Subtitle B: Sex Offenses and Punishment - Establishes a civil remedy for victims of sexual violence.

(Sec. 412) Authorizes the restitution of victims of sex offenses.

(Sec. 413) Provides for pretrial detention in sex offense cases.

(Sec. 414) Mandates life imprisonment for aggravated sexual assault.

(Sec. 415) Provides for imposition of the death penalty for persons engaging in sexual abuse resulting in death.

(Sec. 416) Increases penalties for recidivist sex offenses.

(Sec. 417) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses.

(Sec. 418) Provides for testing for human immunodeficiency virus for persons charged in sex offense cases and the disclosure of the test results to the victim. Directs the Sentencing Commission to amend existing guidelines for sentences for sex offenses where the offender knew or had reason to know that he was infected with such virus, except where the offender knew or had reason to know that he was infected with such 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.

Title V: Prevention of Terrorism - Subtitle A: Enhanced Controls on Entry into the United States - Amends the Immigration and Nationality Act (INA) to require exclusion from admission to the United States of anyone who is a member of an organization that engages in terrorist activity or who actively supports or advocates terrorist activity.

(Sec. 503) Provides for the exclusion of an alien for presenting fraudulent documents, or for failing to present documents used to board a common carrier, to an immigration officer upon arrival at a port of entry into the United States. Specifies that any alien who is excludable under such provisions may not apply for or be granted asylum, with exceptions.

(Sec. 504) Limits court jurisdiction with respect to habeas corpus review, other judicial review and action, and collateral enforcement proceedings.

Subtitle B: Deportation of Alien Terrorists - Establishes procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this subtitle) that: (1) the Attorney General or Deputy Attorney General has approved of the deportation proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security by disclosing classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases.

Sets forth procedures for a special removal hearing, including provisions for appointment of counsel and appeals.

Subtitle C: Penalties for Engaging in Terrorism - Amends the Federal criminal code to: (1) prohibit providing material support to terrorists; and (2) extend the statute of limitations for certain terrorism offenses.

(Sec. 522) Directs the Sentencing Commission to provide for an increase in the base offense level for any felony involving or intended to promote international terrorism, unless such involvement or intent is itself an element of the crime.

(Sec. 524) Increases penalties under the International Emergency Economic Powers Act for violation of orders regarding the declaration of a national emergency and the Federal criminal code for passport and visa-related violations.

(Sec. 525) Sets penalties for: (1) specified acts of violence at international airports; (2) violence against maritime navigation; (3) violence against maritime fixed platforms; and (4) the use of weapons of mass destruction.

(Sec. 529) Directs the President to establish a National Task Force on Counterterrorism.

(Sec. 530) Provides for imposition of the death penalty for causing death through the use of a bomb or other destructive device.

Title VI: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the INA to permit an alien sentenced to imprisonment to be deported prior to the termination of such imprisonment if the Immigration and Naturalization Service (INS) petitions the appropriate court or other authority to release the alien into INS custody for execution of a deportation order. Prohibits the deportation until all direct appeals of the conviction have been exhausted.

(Sec. 602) Authorizes the registration of aliens on criminal probation or criminal parole within the United States.

(Sec. 603) Expands the definition of "aggravated felony" to include illicit trafficking in explosive materials and a crime of violence for which the term of imprisonment imposed is at least five years.

(Sec. 604) Amends the INA to authorize the Attorney General to issue a final order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable.

(Sec. 605) Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien convicted of an aggravated felony if such order has been requested prior to sentencing by the U.S. Attorney.

(Sec. 606) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies.

(Sec. 607) Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks or deportation orders.

(Sec. 609) Authorizes appropriations for a criminal alien information system.

Subtitle B: Prevention and Punishment of Alien Smuggling - Authorizes appropriations for Border Patrol agents and investigators.

(Sec. 613) Increases penalties for bringing in and harboring certain aliens.

Title VII: Expanding Prison Capacity - Amends the Internal Revenue Code to include within the definition of "exempt facility bond" certain bonds issued to provide for correctional facilities.

(Sec. 702) Directs the Attorney General to: (1) establish a Regional Prison Task Force; and (2) create a plan for the establishment of a nationwide regional prison system. Sets forth provisions regarding State and prisoner eligibility requirements. Establishes in the Treasury a Regional Prison Fund. Authorizes appropriations.

(Sec. 703) Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction.

(Sec. 704) Amends the Federal judicial code to deny the district court, in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to: (1) impose a ceiling on the population of any correctional institution or to require any adjustment of the release dates of inmates; or (2) prohibit the use of tents or prefabricated structures for housing inmates. Prohibits any consent decree in any such action from providing relief greater than the minimum required to bring the conditions of confinement into substantial compliance with the Constitution. Provides for modification of orders or decrees.

(Sec. 705) Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, before any action is taken with respect to the disposal or transfer of real property at a military facility being closed or realigned, to notify the State and each local government in which the facility is located, as well as other interested persons, of the suitability of the property or facility for conversion and use as a youthful offender boot camp. Requires the State, local government, or interested party to whom such real property is so transferred to certify that the property or facilities will be promptly converted and used for such purpose.

Directs the Secretary to develop a model program intended to incorporate military basic training, instruction, and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels.

(Sec. 706) Amends the Omnibus Act to reallocate between public agencies and private nonprofit organizations the percentage of grant funds authorized under such Act for correctional options that provide alternative to traditional modes of incarceration and offender release programs.

Title VIII: Elimination of Delays in Carrying Out Sentences - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners.

(Sec. 802) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.

(Sec. 804) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies.

(Sec. 805) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners.

Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases.

Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases.

Title IX: Public Corruption - Amends the Federal criminal code to prescribe criminal penalties to be imposed upon: (1) anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State of the honest services of a State official or of a fair and impartially conducted election process; and (2) any State or Federal official who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against another official. Authorizes such adversely affected official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice.

(Sec. 902) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud.

(Sec. 903) Sets forth prohibitions regarding narcotics-related public corruption.

Title X: Funding - Requires each head of a Federal agency making a grant to, or entering into a contract with, an institution of higher education for research and development to reduce the overhead payment rate under the grant or contract to 90 percent of the current level and return the amount saved to the general fund of the Treasury.

(Sec. 1002) Reduces the overhead expenses identified and reduced by the President in Executive Order 12837 by an additional five percent.